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HomeMy WebLinkAbout26 - Notice to Proceed - City of Bozeman Pedestrian Crossing & Lighting Projects CITY OF BOZEMAN CITY OF BOZEMAN PEDESTRIAN CROSSING & LIGHTING PROJECTS: NORTH 7TH AVENUE PED CROSSING, 5TH AVENUE PEDESTRIAN LIGHTING, MAIN STREET LIGHTING PACKAGES 2 & 3 CONTRACT DOCUMENTS PREPARED BY SANBELL JUNE 2026 EXECUTED CONTRACT DOCUMENTS Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CITY OF BOZEMAN, MONTANA CITY OF BOZEMAN PEDESTIRAN CROSSING & LIGHTING PROJECTS: NORTH 7TH AVENUE PED CROSSING, 5TH AVENUE PEDESTRIAN LIGHTING, MAIN STREET LIGHTING PACKAGES 2 & 3 APRIL 2026 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Electrical Special Provisions Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INVITATION TO BID Page 1 of 2 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: City of Bozeman Pedestrian Crossing & Lighting Projects: North 7th Avenue Ped Crossing, 5th Avenue Pedestrian Lighting, and Main Street Lighting Packages 2 & 3 The City of Bozeman will receive online electronic sealed Bids for Construction of the City of Bozeman Pedestrian Crossing & Lighting Projects: North 7th Avenue Ped Crossing, 5th Avenue Pedestrian Lighting, and Main Street Lighting Packages 2 & 3 until 3:00 p.m. (local time) on May 15th, 2026 and then publicly opened and read aloud. Project Description: The project work is generally described as follows: construction of a pedestrian crossing RRFB on the north leg of the N 7th Ave/W Aspen St intersection; installation of pedestrian lighting along the N 5th Ave path from Gallatin Valley BMX to W Oak St; addition of lights and paint to existing W Main St/5th Ave signal; and installation of street lights on W Main Street from The Freestone to N Grand Ave. 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 add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #10173484). 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 bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this project on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INVITATION TO BID Page 2 of 2 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 RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. Each Bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. To request an invitation to join the bid opening, please email the project manager, Joey Staszcuk at: jstaszcuk@sanbell.com An online pre-bid meeting will be held on May 7th, 2026 at 3:00PM. To request an invitation to join the pre-bid meeting, please email the project manager, Joey Staszcuk at: jstaszcuk@sanbell.com The City of Bozeman 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 the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 23rd day of April, 2026. Mike Maas, Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, April 25th, 2026 Saturday, May 2nd, 2026 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 1 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. The City of Bozeman 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. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #10173484). 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 E. Babcock Suite L1 Bozeman, MT 59715 Phone: (406) 922-4306 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 the City of Bozeman. 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 2 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 should fully inform himself as to the facilities involved, and the Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 3 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 5.03 and 5.04 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 its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 4 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 5, 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. 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, Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 5 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: Joey Staszcuk at: jstaszcuk@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. 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) 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 October, 2024, 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 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 Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order……………….MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Certificate of Substantial Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 7 Completion........................MPWSS Order to Contractor to Suspend Work…………...Bound Herein Order to Contractor to Resume Work……………Bound Herein Contractors Certificate And Release…………...Bound Herein Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS Plan Set 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. 13. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 8 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 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 (18-2-401 and 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, 18-402, and 18-2-403, Montana Code Annotated. A copy of the wage rates are bound herein. It is the 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 9 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. 17. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 10 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 $80,000.00, 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. 22. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Agreement Form. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 INSTRUCTIONS TO BIDDERS Page 11 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 1 The City of Bozeman 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 CITY OF BOZEMAN PEDESTRIAN CROSSING & LIGHTING PROJECTS: NORTH 7TH AVENUE PED CROSSING, 5TH AVENUE PEDESTRIAN LIGHTING, MAIN STREET LIGHTING PACKAGES 2 & 3 CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of CITY OF BOZEMAN PEDESTRIAN CROSSING & LIGHTING PROJECTS: NORTH 7TH AVENUE PED CROSSING, 5TH AVENUE PEDESTRIAN LIGHTING, MAIN STREET LIGHTING PACKAGES 2 & 3, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 90 calendar days. Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 2 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 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. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 18-2-401, MCA, as amended. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: Contractor shall fill out all Bid Schedule prices on the Quest CDN Platform. CITY OF BOZEMAN PEDESTRIAN CROSSING & LIGHTING PROJECTS: NORTH 7TH AVENUE PED CROSSING, 5TH AVENUE PEDESTRIAN LIGHTING, MAIN STREET LIGHTING PACKAGES 2 & 3 Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 3 Schedule 1: North 7th Avenue Ped Crossing Item Number Description Unit Quantity Unit Price Total Price 100 Mobilization & Insurance LS 1 101 Sawcut, Remove and Dispose of Existing Asphalt SY 220 102 Remove and Dispose of Existing Curb and Gutter LF 122 103 Remove and Dispose of Existing Double Sided Gutter SF 85 104 Remove and Dispose of Permeable Pavers SF 132 105 Remove and Dispose of Detectable Warning Panels SF 10 106 Remove Concrete Flatwork SF 1533 107 New Double Gutter SF 19 108 New Asphalt SY 169 109 Concrete Curb and Gutter LF 139 110 Median Concrete Curbs LF 350 111 6-Inch Concrete Sidewalk SF 400 112 6-Inch Concrete Pedestrian Refuge SF 125 113 6-Inch Concrete Pedestrian Ramp SF 206 114 New Permeable Pavers SF 408 115 Concrete Wall SF 15 116 Detectable Warning Panel SF 62 117 Epoxy Pavement Markings (White) GAL 3.3 118 Epoxy Pavement Markings (Yellow) GAL 1.4 119 Epoxy Curb Markings (Yellow) GAL 6.8 120 Landscaping LS 1 121 Concrete - Foundation CY 1.4 122 Rectangular Rapid Flashing Beacon EA 6 123 Yellow Flexible Surface Mounted Delineators EA 3 124 Sign Face EA 23 125 Sign Post EA 7 127 Median Cap SY 251 128 Chip Seal Asphalt Surface SY 135 129 Remove and Dispose Median Curb LF 150 126 Miscellaneous Work LS 1 Schedule 1 Total $ Schedule 2: 5th Avenue Pedestrian Lighting 200 Mobilization & Insurance LS 1 201 Pull Box - Composite Type 1 EA 19 202 Roadway Luminaire Pole - 22' MH EA 2 203 Pedestrian Luminaire Pole - 14' MH EA 17 204 DMS55-90W80LED3K-G3-LE3F-Luminaire EA 2 205 DOS-24W16LED3K-T-LE3F-Luminaire EA 9 206 DOS-24W16LED3K-T-LE2F-Luminaire EA 8 207 2" Conduit PVC SCH 80 (Trench) LF 1585 208 3" Conduit PVC SCH 80 (Bore) LF 115 209 Conductor - Copper AWG 8-600V LF 3400 210 Conductor - Copper AWG 10-600V LF 1700 211 Foundation – Concrete CY 11.25 Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 4 212 Service Assembly - Tie into Ex. Panel LS 1 213 Miscellaneous Work LS 1 Schedule 2 Total $ Schedule 3: Main Street Lighting Package 2 300 Mobilization & Insurance LS 1 301 Pull Box - Composite Type 1 EA 1 302 Pull Box - Composite Type 2 EA 1 303 DMS55-135W80LED4K-G3-LE3F-Luminaire EA 2 304 1994 Signal Upper Shaft & Luminaire Arm EA 2 305 2" Conduit PVC SCH 80 (Trench) LF 16 306 2" Conduit PVC SCH 80 (Bore) LF 134 307 Conductor - Copper AWG 8-600V LF 700 308 Service Assembly – Dual meter EA 1 309 Sidewalk - Concrete CY 1.5 310 Paint Existing Signal Assemblies LS 1 311 Miscellaneous Work LS 1 Schedule 3 Total $ Schedule 4: Main Street Lighting Package 3 400 Mobilization & Insurance LS 1 401 Pull Box - Composite Type 1 EA 9 402 Pedestrian Luminaire Pole - 12' MH EA 8 403 S55-55W48LED3K-G3-LE2-Luminaire EA 8 404 Type 3A Signal Std. W/No Mast Arm - 15' Luminaire Arm & 35' Mounting Height EA 1 405 DMS55-135W80LED4K-G3-LE3F-Luminaire EA 1 406 2" Conduit PVC SCH 80 (Bore) LF 605 407 3" Conduit PVC SCH 80 (Bore) LF 175 408 Conductor - Copper AWG 6-600V LF 840 409 Conductor - Copper AWG 8-600V LF 1140 410 Conductor - Copper AWG 10-600V LF 360 411 Cable – Copper 3 AWG 8-600V LF 780 412 Foundation - Concrete CY 6.4 413 Sidewalk - Concrete CY 22.5 414 Miscellaneous Work LS 1 Schedule 4 Total $ TOTAL COMBINED SCHEDULES 1, 2, 3 & 4 BID $_____________________ ____________________________________________________________________________________ (TOTAL COMBINED SCHEDULEs 1, 2, 3, & 4 BID - WRITTEN WORDS) BASIS OF AWARD If the contract it 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 unit price Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 5 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 low bidder will be determined on the basis of the lowest Total Combined Schedule 1, 2, 3, & 4 Bid. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated___________________ Submitted this _____ day of _____________________, 2026. SIGNATURE OF BIDDER:__________________________________________ Montana Contractor Registration Number______________________________ If an individual:_____________________________________________ doing business as_____________________________________________ If a Partnership:___________________________________________by ________________________________________, partner _____________________________________________ If a Corporation:_____________________________________________ (a) ____________________________________________ by ____________________________________________ (Seal & Title___________________________________________ Attest) Business Address of Bidder: __________________________________ _______________________________________________ Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 BID FORM 6 If Bidder is a joint venture, other party must sign below: Montana License Number and Class______________________________ If an Individual:_______________________________________ doing business as _________________________________________________. If a Partnership: __________________________________________ by ________________________________Partner __________________________________________ If a Corporation:____________________________________________ (a)______________________________Corporation by _________________________________________ (Seal & Title________________________________________ Attest) Bid was submitted electronically. This form is provided for reference only. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/20/2026 (406) 869-4427 15105 Montana Lines Inc. A Member of the MCCF 2800 Upper River Rd Great Falls, MT 59405 A Workers Compensation SP4067557 1/1/2026 Coverage A Statutory Subject to the terms and conditions of the policy as issued by the Insurance Company. Self-Insured Retention for Work Comp $1,250,000 per occurrence. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund (MCCF). Any And All Projects As Required By Written Contract City of Bozeman PO Box 1230 Bozeman, MT 59771 MONTCON-09 JMCMILLAN Billings Office Marsh McLennan Agency LLC P.O. Box 30638 Billings, MT 59107-0638 Jana McMillan Jana.McMillan@MarshMMA.com Safety National Casualty Corporation 1/1/2027 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/26/2026 License # 696870 (406) 532-3883 35289 Montana Lines Inc 2800 Upper River Road Great Falls, MT 59405 20508 A 1,000,000 X X 5091616447 2/1/2026 2/1/2027 100,000 15,000 1,000,000 2,000,000 2,000,000 X MT Stop Gap (EL)Employers Liab 1,000,000 1,000,000B X X BUA 5091616450 2/1/2026 2/1/2027 7,000,000A X X CUE 5091616433 2/1/2026 2/1/2027 7,000,000 10,000 Stop Gap Employers Liability - Montana - per attached form: CNA74830XX 01-15. RE: City of Bozeman Pedestrian Crossing & Lighting Projects: North 7th Avenue Ped Crossing, 5th Avenue Pedestrian Lighting, and Main Street Lighting Packages 2 & 3. Certificate holder name continued: City of Bozeman (Owner), Sanbell (Engineer). The following attached forms apply: General Liability form CNA74705XX 0115 (Contractors' General Liability Extension Endorsement), SEE ATTACHED ACORD 101 City of Bozeman PO Box 1230 Bozeman, MT 59771 MONTLIN-02 JSPRAUER HUB International Mountain States Limited 400 Park Drive South Great Falls, MT 59405 Jodi Sprauer jodi.sprauer@hubinternational.com The Continental Insurance Company Valley Forge Insurance Company X X X X X X X Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. HUB International Mountain States Limited MONTLIN-02 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 696870 1 SEE P 1 Montana Lines Inc 2800 Upper River Road Great Falls, MT 59405 CascadeSEE PAGE 1 JSPRAUER 1 Description of Operations/Locations/Vehicles: General Liability form CNA75079XX 1016 (Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement). Automobile Liability form CA2048 1013 (Designated Insured For Covered Autos Liability Coverage). Automobile Liability Primary and Non-Contributory form CNA71527XX 1012 (Additional Insured - Primary And Non-Contributory). Automobile Liability Waiver of Subrogation form CA0444 1013 (Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation)R Of Subrogation)). Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Construction Stop Gap Coverage Part Declarations 5091616447PolicyNumber: Name:MONTANA LINES INC1.Named Insured and mailing address 2800 UPPER RIVER RDAddress: GREAT FALLS, MT 59405-7235 2.Type of CorporationOrganization 3. Limits of $1,000,000Bodily Injury by Accident –Each Accident LimitInsurance, Deductibles $1,000,000Bodily Injury by Disease –Aggregate Limit $1,000,000Bodily Injury by Disease –Each Employee Limit 4.Premium, Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part Total Premium,Surcharges Taxes and Fees for this Coverage Part Your Premium includes the following amount for Certified Acts of Terrorism 5.Designated States, Territories or Possessions:MT Annual6. Audit Period: CNA74830XX 01-15 11Pageof Copyright CNA All Rights Reserved. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3.Bodily Injury –Expanded Definition 4.Broad Knowledge of Occurrence/Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability -Railroads 8.Electronic Data Liability 9.Estates,Legal Representatives and Spouses 10.Expected Or Intended Injury –Exception for Reasonable Force 11.General Aggregate Limits of Insurance –Per Project 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability –Damage To Premises /Alienated Premises /Property In The Named Insured's Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury –Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage -Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation –Blanket 26.Wrap-Up Extension:OCIP CCIP,or Consolidated (Wrap-Up)Insurance Programs 5091616447CNA74705XX(1-15)Policy No: 4Page1of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472663Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphsA.through H.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part;and (2)was executed prior to: (a)the bodily injury or property damage;or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability forbodilyinjury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to suchbodilyinjury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The 5091616447CNA74705XX(1-15)Policy No: 4Page2of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. E.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H.Trade Show Event Lessor 1.With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: 5091616447CNA74705XX(1-15)Policy No: 4Page3of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472664Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement a.the Named Insured's acts or omissions;or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part;or 5091616447CNA74705XX(1-15)Policy No: 4Page4of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership,limited liability company or joint venture;or (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A.owning interests representing more than 50%of the voting,appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control,or that first occurs after management control ceases;nor b.personal or advertising injury caused by an offense that first occurred prior to the date of managementcontrolorthatfirstoccursaftermanagementcontrolceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 6.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k.Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from: (1)fire; (2)smoke; (3)collapse;or (4)explosion. I.Damage to Your Work Property damage to your work arising out of it,or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1)If the damaged work,or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor;or 5091616447CNA74705XX(1-15)Policy No: 4Page5of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472665Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)If the cause of loss to the damaged work arises as a result of: (a)fire; (b)smoke; (c)collapse;or (d)explosion. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke,collapse or explosion and is included within the product-completed operations hazard.This sublimit does not apply to property damage to your work if the damaged work,or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C.This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7.CONTRACTUAL LIABILITY –RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality)under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; (2)Under which the Insured,ifan architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 8.ELECTRONIC DATA LIABILITY 5091616447CNA74705XX(1-15)Policy No: 4Page6of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion p.Electronic Data and replace it with the following: This insurance does not apply to: p.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)any access to or disclosure of any person's or organization's confidential or personal information, including patents,trade secrets,processing methods,customer lists, financial information,credit card information,health information or any other type of nonpublic information;or (2)the loss of, loss of use of,damage to,corruption of, inability to access,or inability to manipulateelectronicdatathatdoesnotresultfromphysicalinjurytotangibleproperty. However,unless Paragraph (1)above applies,this exclusion does not apply to damages because of bodilyinjury. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses, forensic expenses,public relation expenses or any other loss,cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or (2)above. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C.The following definition is added to DEFINITIONS: Electronic data means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),hard or floppy disks,CD-ROMS,tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D.For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision,the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it;or c.Loss of, loss of use of,damage to,corruption of, inability to access,or inability to properly manipulate electronic data,resulting from physical injury to tangible property.All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of,and not in addition to,that higher limit. 9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates,heirs,legal representatives and spouses of any natural person Insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives,and spouses only for 5091616447CNA74705XX(1-15)Policy No: 4Page7of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472666Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks damages from marital community property,jointly held property or property transferred from such natural person Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative,or spouse outside the scope of such person's capacity or status as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.For each construction project away from premises the Named Insured owns or rents,a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages under Coverage B,regardless of the number of locations or construction projects involved; 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. 5091616447CNA74705XX(1-15)Policy No: 4Page8of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement E.If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for theNamedInsured, will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.Allbodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based on an individual's race,creed,color,age,gender,national origin, religion, disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud 5091616447CNA74705XX(1-15)Policy No: 4Page9of17EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472667Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act,error or omission by the Named Insured's employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.Allacts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; iii.amend the definition of Insured to: a.add the following: the Named Insured's employees are Insureds with respect to: (1)bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and 5091616447CNA74705XX(1-15)Policy No: 4Page10 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)bodily injury to a volunteer worker while performing duties related to the conduct of theNamedInsured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the following: Other Insurance b.Excess Insurance (1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that if the Named Insured was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company;and If the joint venture,partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above.But this provision will not serve to exclude bodily injury,property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up)insurance program. 15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: 5091616447CNA74705XX(1-15)Policy No: 4Page11 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472668Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement j.Damage to Property Property damage to: (1)Property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you, or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells,gives away or abandons,if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care,custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations,if the property damage arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because your work was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i.tools,or equipment the Named Insured borrows from others,nor ii.other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a.property at a job site awaiting or during such property's installation,fabrication,or erection; b.property that is mobile equipment leased by an Insured; c.property that is an auto, aircraft or watercraft; d.property in transit;or e.any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others.See LIMITS OF INSURANCE as amended below. 5091616447CNA74705XX(1-15)Policy No: 4Page12 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitledExclusionsisamendedtodeleteits last paragraph and replace it with the following: Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment,and to other personal property of others in the Named Insured's care,custody or control,while being used in the Named Insured's operations away from any Named Insured's premises.The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a.$500,000;or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; 16.LIQUOR LIABILITY Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the Insurer will pay under Coverage C –Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2)the amount shown in the Declarations for Medical Expense Limit. 5091616447CNA74705XX(1-15)Policy No: 4Page13 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472669Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Under COVERAGES,the Insuring Agreement of Coverage C –Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18.NON-OWNED AIRCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained,paid crew to the Named Insured;and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitledExclusionsisamendedtodeletesubparagraph(2)of the exclusion entitled Aircraft,Auto or Watercraft,and replace it with the following. This exclusion does not apply to: (2)a watercraft that is not owned by any Named Insured,provided the watercraft is: (a)less than 75 feet long;and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured;or (b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2.add the following exclusions: 5091616447CNA74705XX(1-15)Policy No: 4Page14 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision,the following changes are made to the section entitledSUPPLEMENTARYPAYMENTS–COVERAGES A AND B: 1.Paragraph 2.d.is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met,attorneys fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply ifCoverageB–Personal and Advertising Injury Liability is excluded by another endorsement attached to thisCoveragePart. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22.PROPERTY DAMAGE –ELEVATORS A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitledExclusionsisamendedsuchthat the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. 5091616447CNA74705XX(1-15)Policy No: 4Page15 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472670Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured's behalf;nor 5091616447CNA74705XX(1-15)Policy No: 4Page16 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Contractors'General Liability Extension Endorsement 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program,but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit developments;and 2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units,residential structure does not include military housing, college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 5091616447CNA74705XX(1-15)Policy No: 4Page17 of 17 Endorsement No: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.10020004750916164472671Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: 5091616447CNA75079XX(10-16)Policy No: 7Page1of2EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.50020004750916164474797Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 5091616447CNA75079XX(10-16)Policy No: 7Page2of2EndorsementNo: The Continental Insurance Co. MONTANA LINES INCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 CNA II DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MONT ANA LINES INC Endorsement Effective Date: 02/02/2026 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 5; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2011 Policy No: BUA 5091616450 Policy Page: 57 of 206 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MONTANA LINES INC Endorsement Effective Date: 05/01/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Endorsement No: 3; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13 Endorsement Effective Date: Policy No: BUA 5091616450 Policy Effective Date: Endorsement Expiration Date: © Copyright Insurance Services Office, Inc., 2011 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 PRODUCER CONTACT NAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: PRODUCERCUSTOMER ID: INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY)COVERED PROPERTY LIMITS PROPERTY INLAND MARINE CRIME BOILER & MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ BASIC BUILDING BUSINESS INCOME $ BROAD EXTRA EXPENSE $CONTENTS SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ WIND BLANKET PERS PROP $ FLOOD BLANKET BLDG & PP $ $ $ TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ $ $ TYPE OF POLICY $ $ $ $ $ $ INSURER(S) AFFORDING COVERAGE NAIC # SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1995-2015 ACORD CORPORATION. All rights reserved.ACORD 24 (2016/03) CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) The ACORD name and logo are registered marks of ACORD JSPRAUER Jodi Sprauer 05/26/2026 MONTLIN-02 Builder's Risk A BMO (27) 70608583 X Total Completed Value: Deductible: $2,500 Co-Insurance: 100% 965,254 X X X X License # 696870 05/21/2026 05/21/2027 HUB International Mountain States Limited 400 Park Drive South Great Falls, MT 59405 (406) 532-3883 City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 Montana Lines Inc 2800 Upper River Road Great Falls, MT 59405 Ohio Casualty Insurance Company 24074 jodi.sprauer@hubinternational.com RE: City of Bozeman Pedestrian Crossing & Lighting Projects: North 7th Avenue Ped Crossing, 5th Avenue Pedestrian Lighting, and Main Street Lighting Packages 2 & 3 Additional Coverage: Storage Locations: $500,000 SEE ATTACHED ACORD 101 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. HUB International Mountain States Limited MONTLIN-02 SEE PAGE 1 1 SEE PAGE 1 ACORD 24 Certificate of Property Insurance License # 696870 SEE P 1 Montana Lines Inc 2800 Upper River Road Great Falls, MT 59405 CascadeSEE PAGE 1 JSPRAUER 1 Special Conditions: Transit: $500,000 Pollutant Cleanup and Removal: $100,000 Earthquake: $965,254 Earthquake Deductible: $25,000 Blanket Additional Loss Payees, Additional Insureds And/Or Mortgagees: Included Permission to Occupy Granted: 05/21/26 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 AGREEMENT FORM THIS AGREEMENT is dated as of the day of June in the year 2026, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Montana Lines, Inc. 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 a pedestrian crossing RRFB on the north leg of the N 7th Ave/W Aspen St intersection; installation of pedestrian lighting along the N 5th Ave path from Gallatin Valley BMX to W Oak St; addition of lights and paint to existing W Main St/5th Ave signal; and installation of street lights on W Main Street from The Freestone to N Grand Ave. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Bozeman Pedestrian Crossing & Lighting Projects: North 7th Avenue Ped Crossing, 5th Avenue Pedestrian Lighting, Main Street Packages 2 & 3. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 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 by the date 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 five hundred dollars ($ 500.00) for each day that expires after the date 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: Nine-hundred sixty-five thousand, two-hundred and fifty-three dollars and seventy cents (965,253.70). Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 8th 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 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 Sixth Edition, October 2024 with addenda (by reference). Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) c:\wpdocs\forms\agreefrm.mrg Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1 Corporate Secretary Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 6/8/2026 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 6/8/2026 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-610, Performance Bond. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-610, Performance Bond. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-610, Performance Bond. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology....................................................................................................... 1 Article 2— Preliminary Matters .................................................................................................................... 5 Article 3— Contract Documents: Intent, Requirements, Reuse ................................................................... 5 Article 4— Commencement and Progress of the Work ............................................................................... 5 Article 5— Site, Subsurface and Physical Conditions, Hazardoud Environmental Conditions .....................6 Article 6— Bonds and Insurance ................................................................................................................... 7 Article 7— Contractor’s Responsibilities .................................................................................................... 15 Article 8— Other Work at the Site .............................................................................................................. 16 Article 9— Owner’s Responsibilities ........................................................................................................... 17 Article 10— Engineer’s Status During Construction ................................................................................... 17 Article 11— Changes to the Contract ......................................................................................................... 18 Article 12— Claims ...................................................................................................................................... 19 Article 13— Cost of Work; Allowances, Unit Price Work............................................................................ 19 Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work Article 15— Payments to Contractor, Set Offs; Completions; Correction Period ...................................... 20 Article 16— Suspension of Work and Termination .................................................................................... 22 Article 17— Final Resolutions of Disputes .................................................................................................. 22 Article 18— Miscellaneous ......................................................................................................................... 24 Exhibit A— Software Requirements for Electronic Document Exchange Exhibit B— Foreseeable Bad Weather Days Exhibit C— Geotechnical Baseline Report Supplement to the Supplementary Conditions Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 1 of 30 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01.A.8 – Add the following at the end of the Paragraph: The Change Order form to be used on this Project is EJCDC C-941 (2018). Agency approval is required before Change Orders are effective. SC-1.01.A.30 – Add the following at the end of the Paragraph: For the purposes of Rural Development, this term is synonymous with the term “applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial assistance from the federal programs. SC-1.01.A.50 – Add the following at the end of the Paragraph: The Work Change Directive form to be used on this Project is EJCDC C-940 (2018). Agency approval is required before a Work Change Directive is issued. SC-1.01.A.51 – Add the following new paragraph immediately after Paragraph 1.01.A.50: 51. Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. SC-1.01.A.52 – Add the following new paragraph with the title “American Iron and Steel Definitions” immediately after Paragraph 1.01.A.51: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 2 of 30 52.a American Iron and Steel (AIS) - Requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference for “iron and steel products,” meaning the following products, if made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. AIS requirements apply in each of the several states, the District of Columbia, and each federally recognized Tribe, but not the U.S. Territories. 52.b Coating - A covering that is applied to the surface of an object. If a Coating is applied to the external surface of a domestic iron or Steel component, and the application takes place outside of the United States, said product would be considered a compliant product under the AIS requirements. Any Coating processes that are applied to the external surface of Iron and Steel components that would otherwise be AIS compliant would not disqualify the product from meeting the AIS requirements regardless of where the Coating processes occur, provided that final assembly of the product occurs in the United States. This exemption only applies to Coatings on the external surface of Iron and Steel components. It does not apply to Coatings or linings on internal surfaces of Iron and Steel products, such as the lining of lined pipes. All Manufacturing Processes for lined pipes, including the application of pipe lining, must occur in the United States for the product to be compliant with AIS requirements. 52.c Construction Materials - Those articles, materials, or supplies made primarily of iron and/or steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. Note: Mechanical and electrical components, equipment and systems are not considered Construction Materials. See definitions of Mechanical Equipment and Electrical Equipment. 52.d Contractor’s Certification - Documentation submitted by the Contractor upon Substantial Completion of the Contract that all Iron and Steel products installed were Produced in the United States. 52.e De Minimis - Various miscellaneous, incidental low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. Examples of De Minimis components could include small washers, screws, fasteners (such as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary tube, signage, trash bins, door hardware etc. Costs for such De Minimis components cumulatively may comprise no more than a total of five percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed one percent of the total cost of the materials used in and incorporated into a project. 52.f Electrical Equipment - Typically any machine powered by electricity and includes components that are part of the electrical distribution system. AIS does not apply to Electrical Equipment. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 3 of 30 52.g Engineer’s Certification - Documentation submitted by the Engineer that Drawings, Specifications, and Bidding Documents comply with AIS. 52.h Iron and Steel products - The following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. Only items on the above list made primarily of iron or steel, permanently incorporated into the project must be Produced in the United States. For example, trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. iron or steel. 52.i Manufacturer - A Supplier, fabricator, distributor, materialman, or vendor is an entity with which the Owner, Contractor or any subcontractor has contracted to furnish materials or equipment to be incorporated in the project by the Owner, Contractor or a subcontractor. 52.j Manufacturer’s Certification - Documentation provided by the Manufacturer stating that the Iron and Steel products to be used in the project are produced in the United States in accordance with American Iron and Steel (AIS) Requirements. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products. 52.k Manufacturing Processes - Processes such as melting, refining, pouring, forming, rolling, drawing, finishing, and fabricating. Further, if a domestic Iron and Steel product is taken out of the United States for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a Coating are similarly not covered. Non-iron or Steel components of an Iron and Steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-Iron and Steel components do not have to be of domestic origin. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-U.S. sources. 52.l Mechanical Equipment - Typically equipment which has motorized parts and/or is powered by a motor. AIS does not apply to Mechanical Equipment. 52.m Minor Components - Components within an iron and/or Steel product otherwise compliant with the American Iron and Steel requirements; this waiver is typically used by Manufacturers. It differs from the De Minimis definition in that De Minimis pertains to the entire project and the minor component definition pertains to a single product. This waiver allows use of non-domestically produced miscellaneous Minor Components comprising up to five percent of the total material cost of an otherwise domestically produced Iron and Steel product. However, unless a separate waiver for a product has been approved, all other Iron and Steel components in said product must still meet the AIS requirements. This waiver does not exempt the whole product from the AIS requirements only Minor Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 4 of 30 Components within said product and the iron or Steel components of the product must be produced domestically. Valves and hydrants are also subject to the cost ceiling requirements described here. Examples of Minor Components could include items such as pins and springs in valves/hydrants, bands/straps in couplings, and other low-cost items such as small fasteners etc. 52.n Municipal Castings - Cast iron or Steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and solid waste infrastructure. 52.o Primarily Iron or Steel - A product is made of greater than 50 percent iron or Steel on a materials cost basis. An exception to this definition is reinforced precast concrete (see Definitions). All technical specifications and applicable industry standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined to be less than 50 percent iron and/or steel, the AIS requirements do not apply. For example, the cost of a fire hydrant includes: The cost of materials used for the iron portion of a fire hydrant (e.g. bonnet, body and shoe); and The cost to pour and cast to create those components (e.g. labor and energy). Not included in the cost are: The additional material costs for the non-iron or Steel internal workings of the hydrant (e.g. stem, coupling, valve, seals, etc.); and The cost to assemble the internal workings into the hydrant body. 52.p Produced in the United States - The production in the United States of the iron or Steel products used in the project requires that all Manufacturing Processes must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. 52.q Reinforced Precast Concrete – Reinforced Precast Concrete structures must comply with AIS, regardless of whether or not it consists of at least 50 percent iron or steel. The reinforcing bar and wire must be Produced in the United States and meet the same standards as for any other iron or Steel product. Additionally, the casting of the concrete product must take place in the United States. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered Construction Materials and must be Produced in the United States. 52.r Steel - An alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of Steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of Steel covers carbon steel, alloy steel, stainless steel, tool steel, and other specialty steels. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 5 of 30 52.s Structural Steel - Rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees, and zees. Other shapes include but are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. 2.02 Copies of Documents SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor five printed copies of the Contract Documents (including one fully signed counterpart of the Agreement). And one in electronic portable document format (PDF). SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place: E. Owner shall furnish to Contractor 5 printed copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Delete Paragraph 3.01.C in its entirety. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.01.A – Delete the last sentence of paragraph. 4.05 Delays in Contractor’s Progress Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 6 of 30 SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs: 5. Weather-Related Delays E. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled. Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered abnormal weather conditions. Requests for time extensions due to abnormal weather conditions will be submitted to the Engineer within five days of the end of the abnormal weather condition event. It is the responsibility of the Contractor to provide the information listed in SC 4.05.C.5.b. ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS 5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D: E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: [If there are no such reports, so indicate in the table.] Report Title Date of Report Technical Data None None F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely: Drawings Title Date of Drawings Technical Data None None G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at 20 E. Olive, Bozeman, MT, 59715 during regular business hours, or may request copies from Engineer. 5.06 Hazardous Environmental Conditions SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 7 of 30 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: Report Title Date of Report Technical Data None None 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: [If there are no such drawings, so indicate in the table] Drawings Title Date of Drawings Technical Data None None ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Ad 1. d the following paragraphs immediately after Paragraph 6.01.A: Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond (2010, 2013, or 2018 edition). 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 2018 edition). SC-6.01 Ad d the following paragraphs immediately after Paragraph 6.01.B: 1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be TWO years after Substantial Completion. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 8 of 30 6.02 Insurance—General Provisions SC-6.02 Add the following paragraph immediately after Paragraph 6.02.H.2 of the General Conditions: 3. For the following Subcontractors, Suppliers, or categories of Subcontractor or Supplier, Contractor shall require the following specified insurance, with policy limits as stated: N/A Delete 6.02.N of the General Conditions in its entirety and insert the following in its place: N. The policies of insurance required by Section 6.03 shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 45 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 6.02 will so provide). 6.03 Contractor’s Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds (in addition to Owner and Engineer) the following: None E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Workers’ Compensation and Related Policies Policy limits of not less than: Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Jones Act (if applicable) Bodily injury by accident—each accident $1,500,000 Bodily injury by disease—aggregate $3,000,000 Employer’s Liability Each accident $1,500,000 Each employee $1,500,000 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 9 of 30 Policy limit $3,000,000 Stop-gap Liability Coverage For work performed in monopolistic states, stop-gap liability coverage must be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ N/A F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees, 2. damages insured by reasonably available personal injury liability coverage, and 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property). Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 10 of 30 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation). 6. Any limitation or exclusion based on the nature of Contractor’s work. 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. I. Co mmercial General Liability—Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $ 3,000,000 Products—Completed Operations Aggregate $ 3,000,000 Personal and Advertising Injury $ 1,500,000 Bodily Injury and Property Damage—Each Occurrence $ 1,500,000 J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $ 1,500,000 Each Accident $ 1,500,000 Property Damage Each Accident $ 1,500,000 [or] Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $ 3,000,000 K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $ 1,000,000 General Aggregate $ 3,000,000 L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 11 of 30 Requirements: Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or excess policy must retain a minimum limit of $1,000,000 after accounting for partial attribution of its limits to underlying policies, as allowed above. M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance must be maintained for no less than three years after final completion. Contractor’s Pollution Liability Policy limits of not less than: Each Occurrence/Claim $ 1,500,000 General Aggregate $ 3,000,000 N. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project. Contractor’s Professional Liability Policy limits of not less than: Each Claim $ 1,500,000 Annual Aggregate $ 3,000,000 O. Railroad Protective Liability Insurance: Prior to commencing any Work within 50 feet of railroad-owned and controlled property, Contractor shall (1) endorse its commercial general liability policy with ISO CG 24 17, removing the contractual liability exclusion for work within 50 feet of a railroad, (2) purchase and maintain railroad protective liability insurance meeting the following requirements, (3) furnish a copy of the endorsement to Owner, and (4) submit a copy of the railroad protective policy and other railroad-required documentation to the railroad, and notify Owner of such submittal. Railroad Protective Liability Insurance Policy limits of not less than: Each Claim $ N/A Aggregate $ N/A P. Unmanned Aerial Vehicle Liability Insurance: If Contractor uses unmanned aerial vehicles Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 12 of 30 (UAV—commonly referred to as drones) at the Site or in support of any aspect of the Work, Contractor shall obtain UAV liability insurance in the amounts stated; name Owner, Engineer, and all individuals and entities identified in the Supplementary Conditions as additional insureds; and provide a certificate to Owner confirming Contractor’s compliance with this requirement. Such insurance will provide coverage for property damage, bodily injury or death, and invasion of privacy. Unmanned Aerial Vehicle Liability Insurance Policy limits of not less than: Each Claim $ N/A General Aggregate $ N/A Q. Other Required Insurance: 6.04 Builder’s Risk and Other Property Insurance SC-6.04 Delete Paragraph 6.04.A and insert the following in its place: A. Owner shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder’s Risk Requirements: The builder’s risk insurance must: 1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 13 of 30 construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of $ N/A. 5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of $ N/A. 6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following: a. None 11. include, in addition to the Contract Price amount, the value of the following equipment and materials to be installed by the Contractor but furnished by the Owner or third parties: a. None 12. If debris removal in connection with repair or replacement of insured property is subject to a coverage sublimit, such sublimit will be a minimum of $ None . 13. In addition to the coverage sublimits stated above, the following coverages are also Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 14 of 30 subject to sublimits, as follows: a. None If this coverage is subject to a sublimit, such sublimit will be a minimum of $ None . SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provision: G. Coverage for Completion Delays: The builder’s risk policy will include, for the benefit of Owner, loss of revenue and soft cost coverage for losses arising from delays in completion that result from covered physical losses or damage. Such coverage will include, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, compensation for loss of net revenues, rental costs, and attorneys’ fees and engineering or other consultants’ fees, if not otherwise covered. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: H. Builder’s Risk and Other Property Insurance Deductibles: The purchaser of any required builder’s risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. 1. The builder’s risk policy (or if applicable the installation floater) will be subject to a deductible amount of no more than $ 10,000 for direct physical loss in any one occurrence. SC-6.04 Delete Paragraph 6.04.A of the General Conditions and substitute the following in its place: A. Installation Floater 1. Contractor shall provide and maintain installation floater insurance on a broad form or “all risk” policy providing coverage for materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work (“Covered Property”). Coverage under the Contractor’s installation floater will include loss from covered “all risk” causes (perils) to Covered Property: a. of the Contractor, and Covered Property of others that is in Contractor’s care, custody, and control; b. while in transit to the Site, including while at temporary storage sites; c. while at the Site awaiting and during installation, erection, and testing; d. continuing at least until the installation or erection of the Covered Property is completed, and the Work into which it is incorporated is accepted by Owner. 2. The installation floater coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. 3. The installation floater coverage will be in an amount sufficient to protect Contractor’s interest in the Covered Property. The Contractor will be solely responsible for any deductible carried under this coverage. 4. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 15 of 30 ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.03 Labor; Working Hours SC-7.03 Ad d the following new subparagraphs immediately after Paragraph 7.03.C: 1. Regular working hours will be 7:00 AM to 7:00 PM . 2. Owner's legal holidays are New Years Day Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous People’s Day. Veterans Day General Election Day (alternate years), Thanksgiving Day, Wellness Day (observed day after Thanksgiving) and Christmas Day. SC-7.03 Amend the first and second sentences of Paragraph 7.03.C to state “…all Work at the Site must be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday or any legal holiday.” SC-7.03 Delete Paragraph 7.03.C in its entirety, and insert the following: C. In the absence of any Laws or Regulations to the contrary, Contractor may perform the Work on holidays, during any or all hours of the day, and on any or all days of the week, at Contractor's sole discretion. SC-7.03 Add the following new paragraph immediately after Paragraph 7.03.C: D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC-7.03 Add the following new subparagraph immediately after Paragraph SC-7.03.D: 1. For purposes of administering the foregoing requirement, additional overtime costs are defined as . 7.10 Taxes SC-7.10 Add a new paragraph immediately after Paragraph 7.10.A: A. Owner is exempt from payment of sales and compensating use taxes of the State of Montana and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 16 of 30 7.13 Safety and Protection SC-7.13 Insert the following after the second sentence of Paragraph 7.13.G: The following Owner safety programs are applicable to the Work: None _. SC-7.16.A.1.c – Amend paragraph by deleting the last period and adding: , including Manufacturer’s Certification letter for any item in the submittal subject to American Iron and Steel requirements and include the Certificate in the submittal. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-7.16.C.9 – Add new paragraph immediately after Paragraph 7.16.C.8: 9. Engineer’s review and approval of a Shop Drawing or Sample shall include review of Manufacturers’ Certifications in order to document compliance with American Iron and Steel requirements, as applicable. SC-7.17.F – Add new paragraph immediately after Paragraph 7.17.E: F. Contractor shall certify upon Substantial Completion that all Work and Materials have complied with American Iron and Steel requirements as mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Contractor shall provide said Certification to Owner. Refer to General Contractor’s Certification Letter provided in these Contract Documents. ARTICLE 8—OTHER WORK AT THE SITE 8.02 Coordination SC-8.02 Add the following new Paragraph 8.02.C immediately after Paragraph 8.02.B: C. Owner intends to contract with others for the performance of other work at or adjacent to the Site. 1. Director of Transportation and Engineering, Director of Utilities or their representative shall have authority and responsibility for coordination of the various contractors and work forces at the Site; 2. The following specific matters are to be covered by such authority and responsibility: work by others if any as described in the special provisions 3. The extent of such authority and responsibilities is: work done by City of Bozeman Personnel. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 17 of 30 ARTICLE 9—OWNER’S RESPONSIBILITIES 9.13 Owner’s Site Representative SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: 9.13 Owner’s Site Representative A. Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. Owner’s Site Representative will be City Inspector. The authority and responsibilities of Owner’s Site Representative follow: same as the Resident Project Representative as specified in 10.03 _. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.A: 1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work. SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. 3. Liaison a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 18 of 30 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor. 7. Completion a. Participate in Engineer’s visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11—CHANGES TO THE CONTRACT SC-11.02.C – Add new paragraph immediately after Paragraph 11.02.B: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 19 of 30 C. The Engineer or Owner shall contact the Agency for concurrence on each Change Order prior to issuance. All Contract Change Orders must be concurred on (signed) by Agency before they are effective. SC-11.03.A.2 - Add new Paragraph 11.03.A.2 immediately after Paragraph 11.03.A, which shall be renamed Paragraph 11.03.A.1: 2. The Engineer or Owner shall contact the Agency for concurrence on each Work Change Directive prior to issuance. Once authorized by Owner, a copy of each Work Change Directive shall be provided by Engineer to the Agency. SC-11.05.B – Add the following at the end of this paragraph: For Owner-authorized changes in the Work, the Contractor will provide the Manufacturer’s Certification(s) for materials subject to American Iron and Steel requirements except when sole-source is specified, in which case the Engineer will provide the Manufacturer’s Certification(s). SC-11.09.B.2.c – Add new paragraph immediately after Paragraph 11.09.B.2.b: c. Change orders involving materials subject to American Iron and Steel requirements shall include supporting data (name of Manufacturer, city and state where the product was manufactured, description of product, signature of authorized Manufacturer’s representative) in the Manufacturer’s Certification Letter, as applicable. ARTICLE 12—CLAIMS No suggested Supplementary Conditions in this Article. ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of Rental rate blue book for construction equipment. SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500. [or insert other threshold price.] SC-13.02.C – Delete paragraph in its entirety and insert ”Deleted”. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 20 of 30 13.03 Unit Price Work SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the extended price of a particular item of Unit Price Work amounts to 10% percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 25% percent from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.01 Progress Payments SC-15.01.B.4 – Add the following language at the end of paragraph: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage or invest the retainage for the benefit of the Contractor. SC-15.01.B.5 – Add new paragraph immediately after Paragraph 15.01.B.4: 5. The Application for Payment form to be used on this Project is EJCDC® C-620. The Agency must approve all Applications for Payment before payment is made. SC-15.01.B.6 – Add new paragraph immediately after Paragraph 15.01.B.5: 6. By submitting an Application for Payment based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials are compliant with American Iron and Steel requirements. Manufacturer’s Certification letter Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 21 of 30 for materials satisfy this requirement. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-15.01.C.2.d – Add the following new paragraph immediately after Paragraph 15.01.C.2.c: d. The materials presented for payment in an Application for Payment comply with American Iron and Steel requirements. SC-15.01.D.1 – Delete paragraph in its entirety and insert the following in its place: The Application for Payment with Engineer’s recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. SC-15.01 Add the following new Paragraph 15.01.F: F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment. SC-15.02.A – Amend paragraph by striking out the following text: “7 days after”. 15.03 Substantial Completion SC-15.03.A – Modify by adding the following after the last sentence: Contractor shall also submit the General (Prime) Contractor’s Certification of Compliance certifying that to the best of the Contractor’s knowledge and belief all substitutes, equals, and all Iron and Steel products proposed in the Shop Drawings, Change Orders, and Partial Payment Estimates, and those installed for the Project, are either Produced in the United States or are the subject of an approved waiver under Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 22 of 30 Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. SC-15.03 Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re- inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 15.08 Correction Period SC-15.08 Add the following new Paragraph 15.08.G: G. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in SC-6.01.B.1; or if no such revision has been made in SC-6.01.B, then the correction period is hereby specified to be TWO years after Substantial Completion. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION No suggested Supplementary Conditions in this Article. ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES 17.02 Arbitration SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. 17.02 Arbitration A. All matters subject to final resolution under this Article will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be settled in accordance with the American Arbitration Association’s supplemental rules for Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitration administrator, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the specific time required in Article 17, or if no specified time is applicable within a reasonable time after the matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 23 of 30 C. The arbitrator(s) must be licensed engineers, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Contract. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount. D. The Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a specific Law or Regulation or this Contract permits them to do so. E. The award of the arbitrators must be accompanied by a reasoned written opinion and a concise breakdown of the award. The written opinion will cite the Contract provisions deemed applicable and relied on in making the award. F. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. G. No arbitration arising out of or relating to the Contract will include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity will allow complete relief to be afforded among those who are already parties to the arbitration; 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration, and which will arise in such proceedings; 3. such other individual or entity is subject to arbitration under a contract with either Owner or Contractor, or consents to being joined in the arbitration; and 4. the consolidation or joinder is in compliance with the arbitration administrator’s procedural rules. H. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. I. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Contract. To the extent any disclosure is allowed pursuant to the exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 24 of 30 17.03 Attorneys’ Fees SC-17.03 Add the following new paragraph immediately after Paragraph 17.02. [Note: If there is no Paragraph 17.02, because neither arbitration nor any other dispute resolution process has been specified here in the Supplementary Conditions, then revise this to state “Add the following new Paragraph immediately after Paragraph 17.01” and revise the numbering accordingly]. 17.03 Attorneys’ Fees A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result. ARTICLE 18—MISCELLANEOUS 18.08 Assignment of Contract SC-18.08 Add the following new paragraph immediately after Paragraph 18.08.A: B. The contract dated between Owner as “buyer” and as “seller” for procurement of goods and special services (“procurement contract”) assigned to Contractor by Owner, and Contractor [accepts] [will accept] such assignment. A form documenting the assignment is attached as an exhibit to this Contract. 1. This assignment will occur on the _, and will relieve the Owner as “buyer” from all further obligations and liabilities under the procurement contract. 2. Upon assignment, the “seller” will be a Subcontractor or Supplier of the Contractor, and Contractor will be responsible for seller’s performance, acts, and omissions, as set forth in Paragraph 7.07 of the General Conditions just as Contractor is responsible for all other Subcontractors and Suppliers. 3. Notwithstanding this assignment, all performance guarantees and warranties required by the procurement contract will continue to run for the benefit of the Owner and, in addition, for the benefit of the Contractor. 4. Except as noted in the procurement contract, all rights, duties and obligations of Engineer to “buyer” and “seller” under the procurement contract will cease _. SC-18.11 – Add new paragraph immediately after Paragraph 18.10: 18.11 Tribal Sovereignty A. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the Tribe; affecting the trust- Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 25 of 30 beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to-government relationship between the United States and the Tribe. SC-19 – Add the following new Article 19 immediately after Article 18: Article 19 - FEDERAL REQUIREMENTS 19.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees, is a party to this Contract. 19.02 Contract Approval A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the “Certificate of Owner’s Attorney” (Exhibit G of this Bulletin) before Owner submits the executed Contract Documents to Agency for approval. B. Agency concurrence is required on both the Bid and the Contract before the Contract is effective. 19.03 Conflict of Interest A. Contractor may not knowingly contract with a Supplier or Manufacturer if the individual or entity who prepared the Drawings and Specifications has a corporate or financial affiliation with the Supplier or Manufacturer. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest or other interest in or a tangible personal benefit from the Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 19.04 Gratuities A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 26 of 30 this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 19.05 Small, Minority and Women’s Businesses A. If Contractor intends to let any subcontracts for a portion of the work, Contractor will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps will include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19.06 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (40 USC 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 27 of 30 A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19.08 Equal Employment Opportunity A. The Contract is considered a federally assisted construction contract. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 19.10 Environmental Requirements A. When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: 1. Wetlands – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert 100-year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation - Applicants shall ensure that Contractors maintain a copy of the following inadvertent discovery plan onsite for review: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 28 of 30 a. If during the course of any ground disturbance related to any Project, any post review discovery, including but not limited to, any artifacts, foundations, or other indications of past human occupation of the area are uncovered, shall be protected by complying with 36 CFR § 800.13(b)(3) and (c) and shall include the following: i. All Work, including vehicular traffic, shall immediately stop within a 50 ft. radius around the area of discovery. The Contractor shall ensure barriers are established to protect the area of discovery and notify the Engineer to contact the appropriate RD personnel. The Engineer shall engage a Secretary of the Interior (SOI) qualified professional archeologist to quickly assess the nature and scope of the discovery; implement interim measures to protect the discovery from looting and vandalism; and establish broader barriers if further historic and/or precontact properties, can reasonably be expected to occur. ii. The RD personnel shall notify the appropriate RD environmental staff member, the Federal Preservation Officer (FPO), and State Historic Preservation Office (SHPO) immediately. Indian tribe(s) or Native Hawaiian Organization (NHOs) that have an interest in the area of discovery shall be contacted immediately. The SHPO may require additional tribes or NHOs who may have an interest in the area of discovery also be contacted. The notification shall include an assessment of the discovery provided by the SOI qualified professional archeologist. iii. When the discovery contains burial sites or human remains, the Contractor shall immediately notify the appropriate RD personnel who will contact the RD environmental staff member, FPO, and the SHPO. The relevant law enforcement authorities shall be immediately contacted by onsite personnel to reduce delay times, in accordance with tribal, state, or local laws including 36 CFR Part 800.13; 43 CFR Part 10, Subpart B; and the Advisory Council on Historic Preservation’s Policy Statement Regarding treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). iv. When the discovery contains burial sites or human remains, all construction activities, including vehicular traffic shall stop within a 100 ft. radius of the discovery and barriers shall be established. The evaluation of human remains shall be conducted at the site of discovery by a SOI qualified professional. Remains that have been removed from their primary context and where that context may be in question may be retained in a secure location, pending further decisions on treatment and disposition. RD may expand this radius based Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 29 of 30 on the SOI professional’s assessment of the discovery and establish broader barriers if further subsurface burial sites, or human remains can reasonably be expected to occur. RD, in consultation with the SHPO and interested tribes or NHOs, shall develop a plan for the treatment of native human remains. v. Work may continue in other areas of the undertaking where no historic properties, burial sites, or human remains are present. If the inadvertent discovery appears to be a consequence of illegal activity such as looting, the onsite personnel shall contact the appropriate legal authorities immediately if the landowner has not already done so. vi. Work may not resume in the area of the discovery until a notice to proceed has been issued by RD. RD shall not issue the notice to proceed until it has determined that the appropriate local protocols and consulting parties have been consulted. vii. Inadvertent discoveries on federal and tribal land shall follow the processes required by the federal or tribal entity. 4. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. 5. Mitigation Measures – The following environmental mitigation measures are required on this Project: [Insert mitigation measures from the Letter of Conditions here]. 19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor will compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 30 of 30 19.12 Debarment and Suspension (Executive Orders 12549 and 12689) A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.13 Procurement of recovered materials A. The Contractor will comply with 2 CFR Part 200.322, “Procurement of recovered materials.” 19.14 American Iron and Steel A. Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. B. The following waivers apply to this Contract: 1. De Minimis, 2. Minor Components, 3. Pig iron and direct reduced iron, and 4. [add project specific waivers as applicable]. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. Each employer is required to pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the classification under which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the department's website at https://erd.dli.mt.gov/labor-standards/state- prevailing-wage-rates/ or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the department's website at https://erd.dli.mt.gov/labor-standards/public- contracts-prevailing-wage-law/ or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2026 Effective: Preliminary - Do Not Use for Bidding These are revised 2026 rates and supersede the preliminary rates that were published. Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ESD at erd.dli.mt.gov/labor-standards or contact: 3UHOLPLQDU\5DWHV'R1RW8VHIRU%LGGLQJDocusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A.Date of Publication …………………………………………………………………………………………………….………………………………………………. 3 B.Definition of Highway Construction …………………………………………………………………………………………..………………………….......... 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ………………………………………………………………………………………………………….……………………………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………..…………………………… 3 F.Wage Rate Adjustments for Multiyear Contracts …………………………………………………………………………….…………………………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………….……………………. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.Computing Travel Benefits …………………………………………………………………………………………………………………….…………………… 4 K.Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L.Apprentices …………………………………………………………………………………………………………………………………………………………..…….. 4 M.Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N.Employment Preference ………………………………………………………………………………………………………………………………….……....... 5 O.Projects of a Mixed Nature ............................................................................................................................................................ 5 P.Occupations Definitions Website ................................................................................................................................................... 5 Q.Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R.Foreman Rates ………………………………………………………………………………………………………………………………………………..………. 5 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………………..………………………........ 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………….…………………………….. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………………………………………………..... 6 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 4 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 5 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 6 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………………………….…………………. 8 CONSTRUCTION LABORERS ……………………………………………………………………………………………………………………………….…………………. 9 ………………………………………………………………………………………………………………………………….………………. 9 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 1 LABORERS GROUP 2 LABORERS GROUP 3 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………….………………. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ………………………………………………………………………………………………………………………………………………….……………. 10 ELECTRICIANS …………………………………………………………………………………………………………………………………………………………………… 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR …………………………………………………………………………...………………………………………………..……………….. 11 GROUNDMAN ……………………………………………………………………………………………………………………………………………………..………….. 11 LINEMAN ……………………………………………………………………………………………………………………………………………………………………..….. 12 MILLWRIGHTS ………………………………………………………………………………………………………………………….……………………………..………….. 12 PAINTERS …………………………………………………………………………………………………………………………..…………..………………………………… 12 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 12 TRUCK DRIVERS ……………………………………………………………………….........……………............................................................................ 13 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 3 A.Date of Publication B.Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3) – (3)(b), states “Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails.” C.Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”. D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/ or by contacting the department at (406)444-6543. E.Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states:“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, orprogram that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, orbona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City Section 18-2-411(6), MCA, defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” I.Zone PayZone pay is not travel pay. ARM, 24.17.103(25), defines zone pay as “...an amount added to the base pay; the combinedsum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J.Computing Travel Benefits ARM, 24.17.103(23), states “‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both toand from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K.Per Diem ARM, 24.17.103(19), states “‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem ispaid when an employee is required to work at a location outside the daily commuting distance and is required to stay atthat location overnight or longer.” L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in thoseprograms. Additionally, Section 18-2-416(2), MCA states “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage ratewhen working on a public works contract. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 5 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entireduration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-418, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 6 WAGE RATES BRICK, BLOCK, AND STONE MASONS No Rate Established ↑ Back to Table of Contents CARPENTERS Wage Benefit $38.05 $16.33 ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $27.89 $16.51 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $31.52 $12.70 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. ↑ Back to Table of Contents Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Zone Pay: 0-30 mi. free zone >30-60 mi. + $4.00/hr. >60mi. + $6.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. + $+ $2.95/hr. >60mi. + $4.75/hr. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $34.01 $12.70 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $34.66 $12.70 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. ↑ Back to Table of Contents Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $35.60 $12.70 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $36.94 $12.70 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $38.13 $12.70 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $40.73 $12.70 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. ↑ Back to Table of Contents Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Travel Pay: 0-45 miles free 45-85 miles $70/day >85 miles $100/day Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 9 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $27.71 $10.75 ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $28.88 $12.80 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit $30.73 $12.20 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. ↑ Back to Table of Contents Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 10 CONSTRUCTION LABORERS GROUP 4 Wage Benefit $32.12 $12.36 This group includes but is not limited to: Hod Carrier, Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $55.24 $17.28 Diving $110.48 $17.28 ↑ Back to Table of Contents DIVER TENDERS Wage Benefit $54.24 $17.28 ↑ Back to Table of Contents Zone Pay: 0-30 mi. free zone >30-60 mi. base pay +$4.00/hr. >60 mi. base pay +$6.00/hr. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay +$4.00/hr. >60 mi. base pay +$6.00/hr. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 11 ELECTRICIANS Wage Benefit $39.08 $20.00 Wage Benefit $36.83 $25.78 Duties Include: Position and secure steel bars or mesh in concrete forms in order to reinforce concrete. Use a variety of fasteners, rod-bending machines, blowtorches, and hand tools. Includes rod busters. ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $36.83 $25.78 Benefit $18.92 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. ↑ Back to Table of Contents LINE CONSTRUCTION - EQUIPMENT OPERATORS Duties Include: All work on substations ↑ Back to Table of Contents Duties Include: Electrical wiring; equipment and fixtures; streetlights; electrical control systems. Installation and/or adjusting of building automation controls also during testing and balancing, commissioning and retro- commissioning. ↑ Back to Table of Contents IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Per Diem: 0-45 miles free 45-85 miles $100/day 85+ miles $150/day Wage $41.91 Per Diem: >60 mi. $80/day; Per Diem in Big Sky and West Yellowstone $125/day Per Diem: 0-45 miles free 45-85 miles $100/day 85+ miles $150/day Per Diem: $60/day Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 12 LINE CONSTRUCTION – GROUNDMAN Benefit $17.64 Wage $29.96 Duties Include: All work on substations ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Benefit $18.90 Wage $56.91 Duties Include: All work on substations ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit $45.26 $23.71 ↑ Back to Table of Contents PAINTERS Wage Benefit $36.00 $12.84 ↑ Back to Table of Contents Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Per Diem: $110/day or employer pays for single occupancy lodging PILE BUCKS Wage Benefit Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; ensure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. ↑ Back to Table of Contents $38.05 $16.33 Zone Pay: 0-30 mi free zone >30-60 mi. + $4.00/hr. >60 mi. + $6.00/hr. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 13 Wage Benefit $28.21 $12.57 TRUCK DRIVERS Pilot Car Driver Truck Driver $31.11 $10.13 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. ↑ Back to Table of Contents Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 4Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 4Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 4Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 4Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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: Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 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 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 1 SPECIAL PROVISIONS 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 Drawings consist of 4 sheet sets: NORTH 7TH AVE PED CROSSING (13 sheets), 5TH AVENUE PEDESTRIAN LIGHTING (10 sheets); MAIN STREET LIGHTING PACKAGE 2 (8 sheets), and MAIN STREET LIGHTING PACKAGE 3 (12 sheets). Contractor shall construct project only using plan sheets marked “Issued for Construction”. SP-3 PROJECT DESCRIPTION The project consists of: construction of a pedestrian crossing RRFB on the north leg of the N 7th Ave/W Aspen St intersection; installation of pedestrian lighting along the N 5th Ave path from Gallatin Valley BMX to W Oak St; addition of lights and paint to existing W Main St/5th Ave signal; and installation of street lights on W Main Street from The Freestone to N Grand Ave. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 2 SPECIAL PROVISIONS SP-4 SCHEDULING Work on this project is anticipated to begin on or after June 1, 2026 and the anticipated duration is 90 calendar days. Project is anticipated be completed in the 2026 Construction Season. Prior to or at the Preconstruction Meeting, the Contractor shall provide the Engineer with a Construction Progress Schedule showing the order, timing, and progress in which the Contractor proposes to complete the work. This schedule shall be in bar graph, CMP, or PERT format. The schedule shall be updated and resubmitted with each application for payment requested. SP-5 TRAFFIC CONTROL Two-way traffic shall be maintained on adjacent streets throughout the duration of construction; at least one lane in each direction shall be maintained. Disruption to bike/pedestrian routes shall be minimized to the greatest degree possible. 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. Traffic control plans shall include any use of temporary signals. 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 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-6 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-7 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 3 SPECIAL PROVISIONS SP-8 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-9 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. SP-10 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 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 4 SPECIAL PROVISIONS 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. 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-11 LIMITS OF CONSTRUCTION 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-12 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 obtain pre-approval to stage in the median. Contractor shall notify adjacent private property owners of any disruption in access to private property. If additional area is needed, the Contractor is Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 5 SPECIAL PROVISIONS 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-13 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-14 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 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-15 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 6 SPECIAL PROVISIONS 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. SP-16 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 Expert Witness/Special Consultant = $ 290.00 Principal = $ 250.00 Senior Engineer = $ 210.00 Project Engineer = $ 160.00 Staff Engineer = $ 135.00 Engineer Intern = $ 90.00 Senior Land Planner = $ 195.00 Land Planner = $ 160.00 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 7 SPECIAL PROVISIONS Landscape Architect = $ 140.00 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 Web Developer = $ 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 = $ 130.00 Administrative/Clerical = $ 105.00 190.00 Expert Witness/Special Consultant = $ 290.00 Principal = $ 250.00 The Contractor shall limit working hours to 7:00 a.m. to 8:00 p.m. Monday through Friday as outlined in BMC 16.06.090. No work shall be done outside of these hours unless specifically approved by the Director of Community Development through an application for a Noise Waiver. The waiver can be found at the link below: https://www.bozeman.net/home/showpublisheddocument/14212/6388948605920 90336 SP-17 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 8 SPECIAL PROVISIONS 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-18 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-19 REMOVAL AND DISPOSAL OF EXISTING ASPHALT, CONCRETE, ETC. 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-20 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-21 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. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 9 SPECIAL PROVISIONS SP-22 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. 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-23 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-24 SECURING WORK AREAS AND PEDESTRIAN TRAFFIC Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 10 SPECIAL PROVISIONS 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-25 TRAFFIC SIGNING Traffic signing shall comply with the standards set forth in the current edition of the City of Bozeman Design and Construction Standards, MDT Standard Specifications for Road and Bridge Construction, MDT Detailed Drawings, the Manual on Uniform Traffic Control Devices, and as detailed on the project plans. Precedence shall be given in the following order: 1.) Information included in the contract plans and specifications; 2.) City of Bozeman Design and Construction Standards, 3.) MDT Standard Specifications for Road and Bridge Construction and Detailed Drawings (current editions); and 4.) Manual on Uniform Traffic Control Devices (MUTCD). The following specific design and installation standards shall be met per the above references: • Sign panel materials, color, reflectivity, shapes and sizes • Sign panel to post mounting materials and specifications • Post types and sizes, breakaway considerations, anchor type and size, foundation type, depth, and installation specifications • Sign mounting height, offset from roadway, orientation of sign face, and installation locations SP-26 MATERIALS TESTING AND CONTROL All testing completed on the Project shall be in accordance with the City of Bozeman Design Standards and Specifications Policy (2004) 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 concrete pour. 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 Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 11 SPECIAL PROVISIONS Compressive Strength – ASTM-C39 or AASHTO T22 Making and Curing Test Specimens in the Field – ASTM C-31or AASHTO T23 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 SHOP DRAWINGS Shop drawings shall be submitted for all materials used in the project including, but not limited to, the following: A. Traffic Control Plan B. Imported Fill C. Subbase Course (Pit Run) D. Crushed Base Course Gravel E. Separation Geotextile F. Stabilization Geogrid G. Asphalt Pavement H. Concrete I. Truncated Domes J. Signage K. Traffic Striping Materials L. Traffic Signal and Lighting Equipment Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 12 SPECIAL PROVISIONS M. Storm Drain Manholes, Curb Inlets, Piping and Other System Materials N. Water Main Valves, Hydrants, Piping and Other System Materials O. Sewer Main Manholes, Piping and Other System Materials P. Versa-Lok (or approved equal) Retaining Wall Q. Pedestrian Railing R. Seed and Fertilizer Mix SP-28 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-29 MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The following Standard Specifications taken from the Montana Public Works Standard Specifications, Seventh Edition, April 2021, are hereby incorporated into the Specifications by reference. This list is not intended to be all inclusive and where necessary, the Contractor shall utilize the MPWSS for construction purposes for items not otherwise covered or identified in the Contract Documents. Section 02221 Trench Excavation & Backfill for Pipelines & Appurtenant Structures Section 02225 Flowable Fill Section 02230 Street Excavation, Backfill and Compaction Section 02234 Subbase Course Section 02235 Crushed Base Course Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb and Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction Section 02660 Water Distribution Systems Section 02720 Storm Drain Systems Section 02725 Drainage Culverts Section 02730 Sanitary Sewer Collection System Section 02910 Seeding SP-30 OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. SP-31 EXPLANATION OF BID ITEMS Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 13 SPECIAL PROVISIONS The following paragraphs are intended to clarify the scope of the following Bid Items, but are to be considered supplemental to the rest of the Contract Documents and not necessarily all inclusive of items, which must be completed for payment of each Bid Item. Bid Item No. 100/200/300/400 – Mobilization and Insurance. This bid item shall include the costs associated with mobilizing equipment to the project site, insurance, bond costs, permitting, submittals, and demobilization. Measurement and payment will be by lump sum (LS). 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 submitted after the Certificate of Substantial Completion has been signed by the Owner. Bid Item No. 126/213/311/414 – Miscellaneous Work. This item has been provided for any miscellaneous work and/or materials which may be encountered during construction, but which have not been addressed elsewhere in this contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set in the contract is an estimated amount only, which may be adjusted up or down by the Owner in accordance with the needs of the project. SP-32 WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. Prior to acceptance of the publicly maintained infrastructure, the Contractor shall post a Maintenance Bond with the Owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found within the two-year warranty period. The City of Bozeman shall be named as a dual oblige on the bond. The City of Bozeman expressly reserves the right to draft the Maintenance Bond for repairs not completed by the Property Owner, Developer, or Contractor within thirty calendar days of being advised that repairs are required. The Commencement Date for the Maintenance Bond shall be the date of acceptance by the City of Bozeman on the Certificate of Completion and Acceptance. The Maintenance Bond shall remain in full force for the two-year period following this date, however if the expiration date of the Maintenance Bond falls after November 16, the expiration date of the Maintenance Bond shall be June 30 of the following year. Maintenance Bonds may be in the form of a Surety Bond or a Certified Check. END OF SECTION Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 1 ELECTRICAL SPECIAL PROVISIONS ELECTRICAL SPECIAL PROVISIONS E-SP-1 GENERAL All work associated with the traffic signal and lighting, shall be performed in accordance with applicable sections of the Montana Department of Transportation’s “Standard Specifications for Road and Bridge Construction” 2020 Edition V5.1, Special Provisions (including MDT’s 2022 TS1-TS2 Signal Cabinet specifications), and subsequent amendments along with the “City of Bozeman Standard Specifications for Lighting Materials and Installation” 2020 Edition within the most current City of Bozeman Design and Construction Standards. 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. E-SP-2 SPECIAL PROVISION BID ITEMS The following special provision items are included to supplement and/or amend 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. 1) Conduit - Plastic Supply and install Schedule 80 PVC conduit in the sizes shown on the plans. 2) Signal and Luminaire Standards Furnish and install signal and luminaire standards for North 7th Ave Ped Crossing and 5th Avenue Pedestrian Lighting with “Blue” (RAL #5011) and for Main Street Package 2 & 3 with “Jet Black” (RAL #9005) powder coated powder coated or painted finish in accordance with the City of Bozeman Standard Specifications. Repair any and all damage to powder coated poles and standard surfaces by methods approved by the manufacturer or applying one coat of cold galvanizing compound to the damaged area, in the case of galvanized standards. 3) High Efficacy LED Luminaire Assemblies Supply luminaire assemblies with slipfitter type end mounting on a 2-inch pipe tenon. Use Lumec RoadFocus luminaires or approved equals, as indicated in the City of Bozeman Specifications. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 2 ELECTRICAL SPECIAL PROVISIONS The North 7th Avenue Ped Crossing Rectangular Rapid Flashing Beacons shall be painted Blue in Color (RAL #5011). The 5th Avenue Pedestrian Lighting LED assemblies shall have the following characteristics: • 3000K CCT +/- 275K • Blue in Color (RAL #5011) • Operate off of a 240-volt service • Luminaires equivalent to Lumec DOS-24W Pendant LED and DMS55-90W Pendant LED. The Main Street Lighting Packages 2 & 3 LED assemblies shall have the following characteristics: • 4000K CCT +/- 275K • Jet Black in Color (RAL #9005) • Operate off of a 240-volt service • Luminaires equivalent to DMS55-135w Pendant LED. • No substitutions for Luminaire S55-55W Payment will be for each LED Luminaire Assembly in-place and operational. E-SP-3 SERVICE CONNECTIONS The existing service meter on South 5th Avenue as noted on the plans (Main Street Lighting Package 2) will be removed and replaced with a dual service meter that will power the West Main Street and 5th Avenue signal and proposed intersection luminaires. Notify the Project Manager a minimum of 30 calendar days prior to the modification of service so that the utility application can be started. E-SP-4 DECORATIVE LUMINAIRE STANDARDS AND MAST ARMS Furnish standards fabricated and inspected meeting section 556 and designed to the 1994 AASHTO “standard specifications for structural supports for highway signs, luminaires, and traffic signals” as noted on the plans (Main Street Lighting Package 2). E-SP-5 EX TRAFFIC SIGNAL EQUIPMENT – ORGANIC ZINC-RICH PAINT For the traffic signal located at 5th Ave./W Main St. use an Organic Zinc-Rich Paint System consisting of primer/intermediate coat(s) and finish coat(s) applied over properly treated existing galvanized coating. Finish coat is selected from approved coating systems and is an equivalent polyurethane finish coat matching “Jet Black” (RAL #9005) color. Traffic signal equipment includes: existing traffic signal standards, mastarms, brackets, and structural connections. Also includes new equipment: luminaire extensions, luminaire mastarms. It does not include video Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 3 ELECTRICAL SPECIAL PROVISIONS detection equipment, luminaire assembles, traffic signal indications, pedestrian indications, and pedestrian pushbuttons. 1) Material. a) Provide paint systems containing zinc pigments in high concentrations to achieve a (liquid) volume of 65% or higher meeting Section 710.02.3 requirements. Accepted manufacturer’s systems include: PPPG- Amercoat 385/Amercoat 450 HS, Carboline- Carboguard 888/Carbothane 133 HB, Sherwin Williams- Macropoxy 646/Acrolon 218 HS, or approved equals. Prior to initiation of the project, submit the manufacturer's Material Safety Data Sheet(s) (MSDS) and material certifications with each shipment of paint, and written instructions for mixing, handling, and application of the coatings. Conctractor to have available a qualified manufacturer’s technical representative to assist during coating application. 2) Construction Requirements a) General - Painting is to be in accordance with the manufacturer's written recommendations, except as may otherwise be specified in this specification. If the manufacturer's Dry Film paint Thickness (DFT) recommendations differ from those specified, submit a request in writing to the Engineer, prior to painting, for DFT deviation to manufacturer's written recommendations. - The Contractor is to provide the Engineer with evidence that painters, applicators, and Quality Control personnel have been trained by the paint manufacturer's technical representative on the application of the paint system being applied on the project. - Contractor to take adequate precautions to protect pedestrians, vehicles, and property against damages resulting from, and all work incidental to the painting operation, including overspray. - Deliver the paint to the site in the original containers. Each container not to exceed 20 liters (5 gallons) in capacity. The contents cannot be altered without the written permission of the Engineer. In order to assure proper mixing proportions, package multi-component coatings in separate containers or kits. b) Inspection It is the Contractor's responsibility to perform Quality Control (QC) inspections of the shop/field painting. At least 30 days prior to starting work, the Contractor is to submit a Quality Control Plan (QCP) to the Engineer, for approval, which outlines their programs, procedures, and processes for assuring conformance to applicable requirements and specifications. (1) The QCP procedures are to include, at a minimum, but not be limited to, the following measurements at the given minimum frequencies: − Ambient temperature - every 8 hours (or the start of each shift). − Dew point and humidity - every 8 hours (or the start of each shift). − Surface temperature - every 8 hours (or the start of each shift). − Date and time - each lot of work. − Piece mark and bundle - each lot of work. − DFT - SSPC-PA 2 or the PDS. − Visual inspection - 100%. a. Prime Coat − Primer coat batch number - every paint kit. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 4 ELECTRICAL SPECIAL PROVISIONS − Verification of surface cleanliness - examine visually within 1 hour prior to priming. − Temperature of mixed primer - when mixing components. − Proper mixing and straining - every pot mix. − Primer induction time - every pot mix. − Primer pot life - every pot mix. − Primer cure time - in accordance with manufacturer's recommendations. − Proper use of stripe coats - all applicable areas. − Primer coat evaluation and repair - in accordance with manufacturer's recommendations. b. Intermediate Coat − Intermediate coat batch number - every paint kit. − Verification of surface cleanliness - examine visually within 1 hour prior to applying the intermediate coat. − Temperature of mixed intermediate coating - when mixing components. − Proper mixing and straining - every pot mix. − Intermediate induction time - every pot mix. − Intermediate pot life - every pot mix. − Intermediate cure time - in accordance with manufacturer's recommendations. − Proper use of stripe coats - all applicable areas. − Intermediate coat evaluation and repair - in accordance with manufacturer's recommendations. c. Finish Coat − Finish coat component batch number - every paint kit. − Verification of intermediate coat surface cleanliness - initial and every 4 hour of painting. − Temperature of mixed finish coat - when mixing components. − Finish coat mixing and/or straining - every pot mix. − Finish coat induction time - every pot mix. − Finish coat cure time - in accordance with manufacturer's recommendations. − Proper use of stripe coats - all applicable areas. − Adhesion - as required by Engineer. − Paint system final evaluation and repair - visual, 100% of each element. Written documentation of the measurements taken to be provided to the Engineer during the course of the work and in its entirety at the completion of the job. If the Engineer determines that the approved QCP was not followed or the documentation is inadequate or incomplete, the paint system will be subject to rejection or payment reduction. Any subsequent testing to determine compliance must be approved by the Engineer and are to be conducted at the Contractor's expense. c) Surface Preparation Surface preparation is to be in accordance with the manufacturer's written recommendations, except as may otherwise be specified in this specification. Adherence to surface preparation standards by the Society for Protective Coatings (SSPC) is explicitly implied within manufacturer’s recommendations. Adequate masking protection is to be provided to protect (existing and new) all indication lenses Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 5 ELECTRICAL SPECIAL PROVISIONS and factory finish for all video detection equipment, luminaire assemblies, traffic signal indications, pedestrian indications, pedestrian pushbuttons, and all other electronic equipment attached to signal standards that cannot be easily removed prior to painting. d) Application of Paint 1) General Requirements a. The prime, intermediate, and finish coats of paint are as described within this document. b. Do not start painting without approval of the surface preparation and paint by the Engineer. Prior to applying any paint, assure that surfaces to be painted are free of flash rust, dust, dirt, grease, oil, moisture, overspray and other contaminants. Apply paint in a neat, workmanlike manner. Regardless of the method of application, the resultant paint film is to be smooth and uniform without runs, drips, sags, pinholes, blisters, mudcracking, inadequate or excessive coating or other deleterious conditions. c. Do not apply paint to metal surfaces when weather conditions are unsatisfactory for the work or the conditions include an air temperature below 4ºC (40ºF), metal surfaces less than 3ºC (5ºF) above the dew point, air that is misty, or metal surfaces that are damp or frosted. d. Avoid paint application when other work operations, wind, or traffic, causes dust, dirt, or sand, to be carried in the air and onto the prepared or newly painted metal surfaces. Spray painting will not be permitted in areas where rebounding or blowing paint particles would be detrimental to persons, adjacent environment, or property, unless adequate protective shields are provided, or unless it is demonstrated that the work can be performed without undue scattering of wet paint particles. The Engineer will have the authority to suspend spray painting operations whenever it becomes evident that the application is not properly controlled. e. Thoroughly mix paint before removal from containers, and maintain in suspension during application. Thinning of paint is not allowed except as detailed in the manufacturer's current written instructions and then only with written permission of the Engineer. After thorough mixing, strain primer through a 30 - 60 mesh screen or a double layer of cheesecloth. Assure that no un-dispersed agglomerates of zinc remain in the paint after mixing. f. Prior to starting application of a subsequent coat, provide curing time for the previous coat in accordance with the manufacturer's Product Data Sheet (PDS). Any areas that are found to be wrinkled, detached, distorted, scuffed, abraded, or otherwise unsatisfactory are to be screened or scraped smooth and repainted. Thoroughly remove any dust or chalk-like deposits. Whenever previously applied paint coats become defective for any reason, the Engineer will require conditioning or replacement of these coats. If the maximum time interval specified by the manufacturer to apply subsequent paint coats is exceeded, all affected areas are to be completely blast-cleaned to SSPC-SP 10/NACE NO. 2 Near-White Blast Cleaning, and recoated. All such work is at the Contractor's expense. g. Do not handle painted members until the paint is cured enough to do so without damaging the paint. h. All paint repair procedures are to be submitted to the Engineer for approval. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 6 ELECTRICAL SPECIAL PROVISIONS i. Assure that fasteners are free of all organic or other material that interferes with the proper adhesion of the coating. 2) Brushes and Daubers a. Paint may be applied by means of brushing where areas to be painted are unsuitable for spray painting, such as surfaces requiring stripe coats, small surface areas where over-spray would be excessive, and small areas requiring paint repair. b. When using brushes manipulate the paint so as to provide a smooth, uniform coating over the entire surface, including all corners and crevices. The final brush strokes will generally be horizontal and parallel each other. Remove all brush hairs that are left on the paint surface to alleviate the possibility of moisture leaching to the substrate. c. Surfaces that are otherwise inaccessible by spray or brush may be painted by the use of sheepskin or other approved daubers. d. During application of paint by brushing or daubers, the paint pot is to be equipped with an approved agitator. 3) Spraying a. While power spraying, apply the paint in a fine, even spray. Paint applied with spray equipment may be brushed out immediately, when necessary, in order to obtain uniform coverage and to eliminate wrinkling, blistering, sags, runs, and air holes. Exercise care to prevent dry spray. In no case is the distance from the spray gun to the point of surface application be more than 600 mm (2 feet). b. The paint pot is to be equipped with an approved agitator during spray painting work. The agitator or stirring rod should reach to within 50 mm (2 inches) of the bottom of the pot and be in motion at all times during paint application. Such motion is to be sufficient to keep the paint well mixed. The air lines are to be equipped with approved water traps or an approved moisture removal system. 4) Measure of Paint Coats a. When paint thickness is referred to in this specification the word "thickness" means the "Dry Film Thickness" (DFT). Measure paint thickness and average thickness with a properly calibrated thickness gage in accordance with SSPC-PA 2- Measurement of Dry Coating Thickness with Magnetic Gages. 5) Stripe Coats a. Each coat is to be preceded by a stripe coat on the edges, corners, seams, crevices, interior angles, junctions of joining members, rivets or bolt heads, nuts and threads, weld lines, and similar irregularities. Provide a stripe coat shall of sufficient thickness to completely hide the surface being covered and follow, as soon as practicable, by the prime, intermediate, or top coat, to its specified thickness. b. Under no circumstances is the stripe coat requirement on this specification to be neglected. The Engineer will approve the stripe coat prior to application of the applicable coat. 6) Prime Coat a. After preparing the surfaces as herein specified and after acceptance of the surface preparation by the Engineer, apply the primer coat before there is any evidence of rusting on the surface. The prime coat is to have a minimum DFT of 3.0 mils. b. Except as otherwise provided herein, assure the thickness of the prime coat minimum is not less than 3.0 mils for any reading and average not less than 4.0 mils. For excessive thickness readings, final primer thickness will not exceed the paint Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 7 ELECTRICAL SPECIAL PROVISIONS manufacturer's written recommendations and/or cause any deleterious conditions (i.e., sagging or mud cracking). c. For contact surfaces of bolt splices, the thickness of the prime coat will not exceed the manufacturer's certified thickness for Class B slip co-efficient. 7) Intermediate Coat a. Apply the prime coat completely "dry-to-topcoat" before application of the intermediate coat. Do not begin application of the intermediate coat until expiration of the minimum drying time for the primer as recommended by the manufacturer. b. All unsealed crevices and cavities between contact surfaces will be filled with primer or caulked with a compatible product recommended by the coating manufacturer. Before applying paint to the caulking compound, allow the caulk to cure in accordance with the manufacturer's recommendations. c. Provide that the color of the epoxy intermediate coat presents a distinct contrast between the organic zinc-rich primer and the polyurethane topcoat. d. The minimum DFT of the intermediate coat is 3.0 mils. The intermediate paint coat is to be applied to all prime coated surfaces that are exposed in the completed structure. 8) Finish Coats a. Finish coat is semi-gloss matching the Federal Standard 595 B color as stated earlier within this document. b. The final coat of paint on surfaces that are readily exposed to view are to be uniform in color, and be free of visible lap marks and other blemishes. The minimum DFT of the finish coat is 2.0 mils. 9) Total Paint Thickness The average total paint thickness of the entire paint system should not be less than 10 mils. In the event that there is a deficiency in the total paint thickness over any part or all of a structure, but not to the extent that the Engineer considers additional paint applications are necessary, an equitable reduction in payment for the appropriate item of work will be made. 10) Fasteners – Requirements for Coating Fasteners are to be free of all organic or other material that would interfere with proper adhesion of the coating. If the contractor requests the use of industrial cleaning solutions for the removal of fastener lubricants, demonstrate to the Engineer that the proposed cleaning solutions will not contaminate or interfere with proper adherence of subsequently applied coating materials. The coating thickness will not interfere with the proper fit of nuts and bolts. 11) Paint Thickness Requirements After installation of fasteners and removal of lubricant and residuals from exposed parts of fasteners, additional primer shall be applied to meet the required primer thickness. Fasteners also to receive the required thickness of the intermediate and finish coats. 12) Handling, Storage, and Shipping of Painted Steel Exercise extreme care in handling the painted steel in the field during transfer, erection, and construction of the components. Painted steel items are not to be moved or handled until the coating is cured in accordance with the manufacturer's data sheet. All coated components or products are to be protected during handling and loading by the use of nylon straps, padded hooks, slings, or other non-metallic Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 8 ELECTRICAL SPECIAL PROVISIONS lifting devices. The steel is to be protected from binding chains with softeners and edge protection devices. Hooks and slings used to hoist the steel are to be padded. 13) Paint Repair Submit all paint repair procedures in writing, to the Engineer for approval. G. Luminaire Extensions for Existing Signal Standards 1. Description Provide MDT standard luminaire upper shaft extensions (35ft mounting height) with 15ft luminaire arms for W. Main St/5th Ave as shown in the plans. 2. Construction Paint extensions in accordance with these specifications and install per plan. Docusign Envelope ID: D07EC26B-755B-8429-8343-6D10238EC1E1Docusign Envelope ID: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Certificate Of Completion Envelope Id: 1233433A-D350-8B9A-8383-1A872F2C9BB1 Status: Completed Subject: Complete with Docusign: BOZEMAN_PED_CROSSING_LIGHTING_FOR_CONSTRUCTION_MANUAL_IFC_060526.pdf Source Envelope: Document Pages: 153 Signatures: 3 Envelope Originator: Certificate Pages: 4 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 mike.maas@bozemanmt.gov IP Address: 155.190.3.7 Record Tracking Status: Original 6/8/2026 12:10:05 PM Holder: Mike Maas mike.maas@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Chuck Winn chuck.winn@bozemanmt.gov City Manager 15 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.9.5 Sent: 6/8/2026 12:18:30 PM Viewed: 6/8/2026 3:14:46 PM Signed: 6/8/2026 3:14:55 PM Electronic Record and Signature Disclosure: Accepted: 6/8/2026 3:14:46 PM ID: 208e8c21-25d7-46b2-a784-ba943990afa3 Greg Sullivan greg.sullivan@bozemanmt.gov City of Bozeman Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.7 Sent: 6/8/2026 12:18:30 PM Viewed: 6/9/2026 8:22:15 AM Signed: 6/9/2026 8:22:24 AM Electronic Record and Signature Disclosure: Accepted: 6/9/2026 8:22:15 AM ID: 66c2af16-a57b-4e67-9068-d10d2c2a9636 Mike Maas mike.maas@bozemanmt.gov City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.11.199 Signed using mobile Sent: 6/8/2026 12:18:31 PM Viewed: 6/8/2026 4:48:47 PM Signed: 6/8/2026 4:48:58 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jesse DiTommaso jesse.ditommaso@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 6/8/2026 12:18:31 PM Viewed: 6/8/2026 1:47:40 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 6/8/2026 12:18:32 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/8/2026 12:18:32 PM Certified Delivered Security Checked 6/8/2026 4:48:47 PM Signing Complete Security Checked 6/8/2026 4:48:58 PM Completed Security Checked 6/9/2026 8:22:24 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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