HomeMy WebLinkAbout14- Treasure State, Inc. Agreement Y e
CONTRACT MRG
CONTRACT AGREEMENT
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THIS CONTRACT AGREEMENT is dated as of thet�(lS) day of ;.I f in the year 2014 by
and between CITY OF BOZEMAN hereinafter called OWNER and T' ASURE STATE, 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. The Project
Work is generally described as follows:
1.1 "Baxter Meadows Subdivision Sidewalks"—installation of approximately 11,074.5
Square Feet of 4" thick concrete sidewalks along various vacant lots.
1.2 Plat maps showing the proposed work locations are attached.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 30 calendar days after the date the written notice to
proceed is issued. Final payment will be withheld until final completion and acceptance of the
work as stipulated in this Agreement.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Base Bid Work in accordance
with the Contract Documents the sum(subject to adjustment as provided in the Contract
Documents) of seventy eieht thousand five hundred twenty one and 50/100 Dollars
($78,521.501.
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the Montana Public
Works Standard Specification, Sixth Edition General Conditions. Applications for payment will
be processed as provided in the General Conditions.
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CONTRACT MAG
4.1 Payment. Upon satisfactory final completion and acceptance of the Work in accordance with
the General Conditions, OWNER shall pay the full contract price.
4.1.1 Measurement and Payment. Payment for the work satisfactorily completed in accordance
with this contract shall be made pursuant to the applicable measurement and payment sections in
Exhibit B, based on the unit prices established in Exhibit A(Bid Form), of this agreement.
No item that is required by Contract for the proper and successful completion of the Work will be
paid for outside of or in addition to the prices submitted in the contract. All work not specifically
set forth as a pay item herein shall be considered a subsidiary obligation of the CONTRACTOR
and all costs in connection therewith shall be included in the contract price.
Article 5. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
5.1 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.
5.2 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.
5.3 CONTRACTOR has made or caused to be made examinations, and investigations 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.
5.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents.
Article 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR as attached to or referenced in this Agreement, are made a part hereof and
consist of the following:
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6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds.
6.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further
amended by the City of Bozeman Modifications to MPWSS (by reference).
6.4 Notice to Proceed.
There are no Contract Documents other than those listed above in this Article 6.
The Contract Documents may only be altered, amended or repealed by a modification (as defined
in the Montana Public Works Standard Specifications, Sixth Edition, General Conditions).
Article 7. GENERAL REQUIREMENTS.
7.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations at site of the
proposed work to within the right-of-way or construction easements provided.
It shall be understood that the responsibility for protection and safekeeping of equipment and
materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall
be made against the OWNER by reason of any act of an employee or trespasser. It shall be
further understood that should any occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment,the CONTRACTOR owning or responsible
for the stored materials or equipment shall immediately remove same. No materials or
equipment may be placed upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used for storage.
7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for
locating all existing underground installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use his own information and shall not rely solely upon information shown
on the drawings concerning existing underground installations. The CONTRACTOR shall repair
all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a
minimum, call the "One-Call" utility locate system(Phone: 1-800-424-5555) at least 72 hours in
advance of starting construction.
Where excavation will be required adjacent to existing structures, the CONTRACTOR shall be
solely responsible to maintain the structural integrity of the existing structures. The
CONTRACTOR shall take whatever means necessary to insure that the existing structure is not
damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage
to the existing structures at his own expense. Any fences destroyed during construction shall be
repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to
the CONTRACTOR caused by existing underground installations shall not constitute a claim for
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extra work, additional payment or damages.
7.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc. The
CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes,
curbs and gutters and driveways, and other public or private improvements are not damaged
during construction. If it is necessary to remove or disturb mailboxes during construction,the
CONTRACTOR shall repair and restore the mailboxes at his own expense to the satisfaction of
the property owner. Any curb, gutter, or driveways damaged during construction,not noted to be
replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense.
7.4 Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of
water lines during project construction shall not be allowed to enter into drainage ways or open
areas that will cause flooding of existing structures, street intersections, or lawn areas.
7.5 Work Sequence. The CONTRACTOR shall schedule the work to minimize inconvenience
to the OWNER and to adjacent property owners and to minimize interruptions to utility service.
This shall include minimizing obstruction to local traffic especially on dead end streets. Work
shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will
be required between the CONTRACTOR, OWNER, and COUNTY. The utility service
companies such as power, gas,telephone, and video shall be contacted at least 72 hours in
advance of when locating of services will be required.
Article 8. Warranty and Guarantee.
8.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to CONTRACTOR. All defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in the Montana Public Works Standard Specification, Sixth
Edition(MPWSS).
Article 9. Traffic Control.
9.1 The CONTRACTOR shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of such actions from the
appropriate road agency and shall provide and maintain suitable and safe lighted detours or other
temporary expedients for the accommodation of public and private travel in accordance with the
current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD).
The CONTRACTOR shall not occupy the work site or initiate construction until all traffic
control provisions are in place and the OWNER has been so notified.
9.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on these streets and roads.
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9.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traffic patterns, signing,
location of flagmen, barricades and other safety measures arranged. Providing and maintaining
safety barricades, and other work site safety measures shall be the responsibility of the
CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall
cooperate and coordinate his methods with the OWNER'S traffic control plans prior to the
disruption of the normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs, and lights
to the extent that adequate protection is provided to the public. Obstructions, such as material
piles and equipment, shall be provided with similar warning signs and lights.
All barricades and obstructions shall be illuminated by means of warning lights from sunset to
sunrise. Materials stored upon or alongside public streets and highways shall be provided with
similar warning signs and lights.
All barricades, signs, lights and other protective devices shall be installed and maintained in
conformity with applicable statutory requirements and, where within railroad and highway right-
of-way, as required by the authority having jurisdiction thereover.
Work performed within property under the OWNER'S jurisdiction shall have all barricades,
signs, lights and protective devices installed and maintained.
Article 10 STATE LAWS AND REGULATIONS.
10.1 All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout.
10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be
considered that do not carry the Bidder's Certificate of Contractor's Registration number on the
envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor
Registration requirements may be obtained from the Montana State Department of Revenue,
Helena, Montana. (1-800-556-6694)
10.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS
GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall
withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent
(1%) of all payments due the Contractor and shall transmit such moneys to the Montana
Department of Revenue.
10.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in
force in Montana and to the responsibility of the OWNER for the collection of premiums
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thereunder. The CONTRACTOR'S compliance with said laws is required and shall relieve the
OWNER of any responsibility for payment of premiums thereunder and shall furnish the
OWNER with satisfactory evidence showing that all premiums arising from this contract have
been paid before payment is made on the final estimate.
10.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana
residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA.
10.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of
$25,000.00, Contractor and all subcontractors shall pay for all labor employed the standard
prevailing rate of wages. The standard prevailing rate of wages as used herein means that
standard prevailing rate of wages in the locality where the work is to be performed as determined
by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The
Contractor and subcontractors are directed to the Montana Commissioner of Labor for
information on the standard prevailing rate of wages applicable to this contract within this area.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a
Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-
hundred Percent(100%) of the Agreement amount.
Article 12. INSURANCE. Without limiting any of the other obligations or liabilities of the
CONTRACTOR, CONTRACTOR shall secure and maintain such insurance from an insurance
company (or companies) authorized to write insurance in the State of Montana, with minimum
"A.M. Best Rating" of B+,VI, as will protect himself,his subcontractors, the Owner and their
respective agents and employees from claims for bodily injury, death or property damage which
may arise from operations and completed operations under this Agreement. Such coverage shall
be written for claims arising out of all premises/ operations, sub-contracted operations,
products/completed operations, and all liability assumed by the CONTRACTOR under any
contract or agreement. CONTRACTOR shall not commence work under this Agreement until
such certified copies of the insurance policy shall have been filed with the OWNER. The City of
Bozeman shall be named as additional insured on any insurance certificates.
All insurance coverages shall remain in effect throughout the life of the Agreement.
Each insurance policy shall contain a clause providing that it will not be cancelled by the
insurance company without 30 days written notice to the OWNER and Engineer of intention to
cancel. The minimum amounts of such insurance coverages being as per Section SC-5.04,
Supplementary Conditions to the General Conditions, Montana Public Works Standard
Specifications, Sixth Edition, and included herein:
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SC —5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions.
a. State Statutory
b. Applicable Federal (e.g. Longshoreman) Statutory
c. Employer's Liability $ 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General
Conditions which shall also include completed operations and product liability coverage.
a. GENERAL AGGREGATE$ 3,000,000.00
b. Products-Completed
Operations Aggregate$ 3,000,000.00
c. Personal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000.00
e. Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5. Products and Completed Operations
6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each Person $ 500,000.00
Each Accident$ 1,000,000.00
Property Damage:
Each Accident $1,000,000.00
(or)
b. Combined Single Limit$ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non-Owned
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4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary
insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit
cannot be less than$1,000,000.00. Deductible not to exceed$5,000.00 per occurrence on property
damage.
5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as
an additional insured under Commercial General Liability,Automobile Liability, Excess or Umbrella
polices.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall
provide coverage for not less than the following amounts:
Each Occurrence $ 1,000,000.00
Aggregate $ 3,000,000.00
Article 13. MISCELLANEOUS.
13.1 Terms used in this Agreement which are defined in the General Conditions shall have the
meanings indicated in the General Conditions of the Montana Public Works Standard
Specifications, Sixth Edition.
13.2 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 whose work
has proven unsatisfactory the right to be engaged in or employed upon any part of the Work.
13.3 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 given notice shall be entitled to reasonable attorney's fees
and costs, including fees, salary, and costs of in-house counsel.
13.4 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 the Agreement.
13.5 The CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless
from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or
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both, in performing the work required.
The CONTRACTOR is and shall perform this agreement as an independent contractor, and as
such, is responsible to the OWNER only as to the results to be obtained in the work herein
specified, and to the extent that the work shall be done in accordance with the terms, plans and
specifications. The CONTRACTOR shall have and maintain complete control over all of its
employees, subcontractors, agents and operations,being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, workman's compensation
and unemployment insurance.
13.6 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis
of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability. The Contractor agrees this requirement shall
apply to the hiring and treatment of the Contractor's employees and to all subcontracts.
13.7 CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the
City of Bozeman are required to have a current Business License. Applications for Business
Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
Article 14. SPECIAL PROVISIONS
14.1 Sidewalks shall be backfilled upon form removal with slopes not to exceed 1:4. Material
removed during excavation may be used for backfill.If additional backfill is required the Contractor
shall provide clean topsoil.All disturbed areas shall be re-seeded using the following seed mixture at
a rate of 30 lbs/acre:
Tall Water-save Fescue 60%
Kentucky Bluegrass 25%
Perennial Ryegrass 15%
14.2 The sidewalks shall be constructed 5 feet wide with 4"of M-4000 concrete on a minimum of
3"of compacted 1"minus crushed gravel. Sidewalks shall have a 2%downward slope to the top of
curb. Sidewalk grades will be transitioned as necessary to match existing sidewalks.All vegetation
or other deleterious material shall be removed, and the subgrade compacted, prior to placement of
gravel. Additional cut or fill of material to provide for the necessary placement of the gravel base and
concrete sidewalk shall be considered an incidental cost.
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PROPOSED SIDEWALK INSTALLATIONS
WORK VICINITY MAP
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11111111111 PROPOSED SIDEWALK
EXHIBIT A—BID FORM
2014 Baxter Meadows Sidewalk Installations
NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL PRICE
(Figures) (Fieures)
101 4" Concrete S.F. $7.00 11,074.5 $77,521.50
Sidewalk
102 Miscellaneous Each $1.00 1000 $ 1.000.00
Work
TOTAL BASE BID $78,521.50
SEVENTY EIGHT THOUSAND FIVE HUNDRED TWENTY ONE AND 50/100 DOLLARS
(TOTAL BASE BID - WRITTEN WORDS)
2014 Baxter Meadows Sidewalk Installations
Exhibit B
MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the
Contractor will be made based on the actual satisfactorily completed work quantities measured in the
field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to
quantity overruns.
The following measurement and payment sections do not necessarily name every incidental item
required by the Contract Documents to complete the work. Cost of all such incidental items shall be
included in the various related bid items.
No separate measurement and payment shall be made for traffic control.
Item 101: 4" concrete sidewalk.
This item is measured and paid for by the square feet of concrete sidewalk in place at the contract unit
price bid for "4" concrete sidewalk". Price and payment is full compensation for all materials,
excavations and removal and disposal of all deleterious materials as required, compaction of the
subgrade, preparation of the gravel base, placement and curing of concrete, all pre-molded mastic
material for expansion joints, all equipment, tools, labor, and for the performance of all work and
incidentals necessary to complete the item,for backfilling sidewalks,and for cleanup and seeding of all
disturbed vegetated areas.
Item 102: Miscellaneous Work.
The item Miscellaneous Work has been provided in the proposal for any work and/or materials which
may be encountered during construction, but which is not addressed elsewhere in the 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 down in the
contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance
with the needs of the project.
1 MEASUREMENT AND PAYMENT
BAXTER MEADOWS SUBDIVISION PROPOSED SIDEWALKS-WORK LOCATIONS AND ESTIMATED QUANTITIES
Baxter Meadows Phase 4A
Address Estimated Square Footage of Sidewalk
3777 Lolo Way 300
3753 Lolo Way 300
3735 Lolo Way 300
3713 Lobo Way 240
3691 Lolo Way 240
3683 Lolo Way 300
3661 Lolo Way 300
3633 Lolo Way 300
3615 Lolo Way 300
3692 Lolo Way 1050
3680 Lolo Way 250
3660 Lobo Way 250
3634 Lobo Way 250
3618 Lobo Way 250
3576 Lolo Way 250
3542 Lolo Way 250
3679 Lemhi Trail 250
3657 Lemhi Trail 250
3631 Lemhi Trail 250
3611 Lemhi Trail 250
3583 Lemhi Trail 250
3541 Lemhi Trail 250
Baxter Meadows Phase 3A
Address Estimated Square Footage of Sidewalk
4577 Equestrian Lane 388
4557 Equestrian Lane 412.5
4554 Equestrian Lane 431
2284 Andulsian Ave 941
2250 Andulsian Ave 425
4526 Drafthorse Drive 399
Baxter Meadows Phase 1A
Address Estimated Square Footage of Sidewalk
2486 Arabian Ave 1048
2429 Arabian Ave 400
TOTAL ESTIMATED S.F. 11074.5
MONTANA
PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2014
Effective: July 11 , 2014
Steve Bullock, Governor
State of Montana
Pam Bucy, Commissioner
Department of Labor and Industry
•
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of
prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact:
Employment Relations Division
Montana Department of Labor and Industry
P. 0. Box 201503
Helena, MT 59620-1503
Phone 406-444-5600
TDD 406-444-5549
The Labor Standards Bureau 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 18-2-401, et seq., MCA. It is required
that each employer pay(as a minimum)the rate of wages, including fringe benefits, travel allowance, zone pay and per
diem applicable to the district in which the work is being performed as provided in the attached wage determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the
Labor Standards Bureau at (406) 444-5600 or TDD (406)444-5549.
In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and
the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of
prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor
Standards Bureau at (406) 444-5600 or TDD (406)444-5549.
Pam Bucy
Commissioner
Department of Labor and Industry
State of Montana
1
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A Date of Publication 3
B. Definition of HConstruction 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. Zone Pay 4
I Computing Travel Benefits 4
J
Per Diem 4
K. Apprentices 4
L. Posting Notice of Prevailing Wages 5
M. Employment Preference 5
N. Welder Rates 5
O. Foreman Rates 5
WAGE RATES:
BRICK, BLOCK,AND STONE MASONS 6
CARPENTERS ............. 6
CEMENT MASONS 6
CONSTRUCTION EQUIPMENT OPERATORS
OPERATORS GROUP 1 . 6
OPERATORS GROUP 2 7
OPERATORS GROUP 3 7
OPERATORS GROUP 4 7
OPERATORS GROUP 5 8
OPERATORS GROUP 6 8
OPERATORS GROUP 7 8
CONSTRUCTION LABORERS
LABORERS GROUP 1 8
LABORERS GROUP 2 9
LABORERS GROUP 3 9
LABORERS GROUP 4 9
ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL 10
DIVER 10
DIVER TENDER . 10
IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS 10
LINE CONSTRUCTION
EQUIPMENT OPERATOR 11
EXPERIENCED GROUNDMAN 11
LINEMAN 11
MILLWRIGHTS 11
PAINTERS: 11
PILE BUCKS 11
TEAMSTERS GROUP 1 12
TEAMSTERS GROUP 2 12
TEAMSTERS GROUP 3 12
2
A. Date of Publication July 11,2014
B. Definition of Highway Construction
The Administrative Rules of Montana(ARM)24.17.501(3)—(3)(a), Public Works Contracts For Construction Services
Subject to Prevailing Rates, 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 S25,000... "
D. Prevailing Wage Schedule
This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein.
These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules
for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549.
E. Rates to Use for Projects
Rates to be used on a public works project are those that are in effect at the time the project and 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 he 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 he 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."
3
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 ofpay that is part of the standard prevailing rate of wages
directly to the worker or employee in cash;
(h) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved
by the U. S. department of labor; or
(c) make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2) The fringe benefit fund,plan, or program described in subsection (1)(b) must provide benefits to workers or employees
for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs
that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S.
department of labor."
Fringe benefits are paid for all hours worked (straight time and overtime hours). However,fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in
effect that specifies otherwise.
H. Zone Pay
Zone pay is not travel pay. It is an additional amount added to the base pay,which then becomes the new base wage rate
to be paid for all hours worked on the project. Zone pay, for the purposes of public works projects, shall be determined by
measuring the road miles one way over the shortest practical maintained route from the nearest county courthouse to the
center of the job from the following Iisted cities:
❖ Billings,Bozeman,Butte, Great Falls,Helena,Kalispell,and Missoula.
I. Computing Travel Benefits
Travel pay, for the purposes of public works projects,shall be paid for travel both to and from the job site,except those
with special provisions listed under the classification. The rate is determined by measuring the road miles one direction
over the shortest practical maintained route from the nearest county courthouse or the employee's home, whichever is
closer,to the center of the job from the following listed cities:
Billings,Bozeman,Butte, Glasgow, Great Falls,Helena, Kalispell, Miles City,and Missoula.
J. Per Diem
Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is
required to work at a location outside the daily commuting distance and is required to stay overnight or longer.
K.Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those
programs. Additionally, section 18-2-416(2),MCA states, "...The full amount of any applicable fringe benefits must he
paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in
approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when
working on a public works contract.
4
L.Posting Notice of Prevailing Wages
Section 18-2-406, MCA, provides that contractors,subcontractors, and employers who are "...performing work or
providing construction services under public works contracts, as provided in this part,shall post in a prominent and
accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of
the project, a legible statement of all wages and fringe benefits to be paid to the employees."
M. 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.
N.Welder Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
0.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.
5
WAGE RATES
BRICK, BLOCK, AND STONE MASONS
Wage Benefit Travel:
$25.74 $9.73 0-45 mi. free zone
>45-60 mi. $25.00/day
>60-90 mi. $55.00/day
>90 mi. $65.00/day
CARPENTERS
Wage Benefit Zone Pay:
$26.00 $11.86 0-30 mi. free zone
>30-50 mi. base pay+ $4.00/hr.
>50 mi. base pay+ $6.00/hr,
CEMENT MASONS/CONCRETE FINISHERS (Rates for Cement Masons are from the Montana
Prevailing Wage Rates for Highway Construction Services 2013 publication. The 2014 preliminary
rates were not adopted)
Wage Benefit Zone Pay:
$21.37 $9.80 0-30 mi. free zone
>30-60 mi. base pay+$2.50/hr.
Duties include: >60 mi. base pay+$4.00/hr.
Smooth and finish surfaces of poured concrete, such as
floors, walks, sidewalks, or curbs. Align forms for
sidewalks, curbs, or gutters.
CONSTRUCTION EQUIPMENT OPERATORS GROUP 1
Wage Benefit Zone Pay:
$23.71 $9.40 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
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
6
CONSTRUCTION EQUIPMENT OPERATORS GROUP 2
Wage Benefit Zone Pay:
$24.50 $9.30 0-30 mi free zone
>30-60 mi. base pay +$3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
Air Doctor; BackhoelExcavator\Shovel, up to and incl. 3
cu. yds; Bit Grinder; Bitunimous Paving Travel Plant;
Boring Machine, Large; Broom, Self-Propelled; Concrete
Travel Batcher; Concrete Float &Spreader; Concrete
Bucket Dispatcher; Concrete Finish Machine; Concrete
Conveyor; Distributor; Dozer, Rubber-Tired, Push, &
Side Boom; Elevating Grader\Gradall; Field Equipment
Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5
cu. yds; Grade Setter; Heavy Duty Drills, All Types;
Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial
Locomotive; Motor Patrol (except finish); Mountain
Skidder; Oiler, Cranes\Shovels; Pavement Breaker,
EMSCO; Power Saw, Self-Propelled; Pugmill;
Pumperete\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
CONSTRUCTION EQUIPMENT OPERATORS GROUP 3
Wage Benefit Zone Pay:
$25.85 $9.30 0-30 mi. free zone
>30-60 mi. base pay+$3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
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.
CONSTRUCTION EQUIPMENT OPERATORS GROUP 4
Wage Benefit Zone Pay:
$25.67 $9.30 0-30 mi. free zone
>30-60 mi base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
Asphalt\Hot Plant Operator; Cranes, 25 tons up to and
incl. 44 tons; Crusher Operator; Finish Motor Patrol;
Finish Scraper.
7
CONSTRUCTION EQUIPMENT OPERATORS GROUP 5
Wage Benefit Zone Pay:
$26,67 $9.41 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+ $4.85/hr
Cranes, 45 tons up to and incl. 74 tons.
CONSTRUCTION EQUIPMENT OPERATORS GROUP 6
Wage Benefit Zone Pay:
$27 13 $9.30 0-30 mi. free zone
>30-60 mi. base pay+$3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
Cranes, 75 tons up to and incl. 149 tons; Cranes,
Whirley (All).
CONSTRUCTION EQUIPMENT OPERATORS GROUP 7
Wage Benefit Zone Pay:
$29.23 $9.45 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
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.
CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL
Wage Benefit Zone Pay:
$17.80 $8.05 0-30 mi. free zone
>30-60 mi, base pay+ $3.05/hr.
>60 mi. base pay+$4.85/hr.
8
CONSTRUCTION LABORERS GROUP 2
Wage Benefit Zone Pay:
$20.60 $8.05 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+ $4.85/hr.
General Labor; Asbestos Removal; Burning Bar; Bucket
Man; Carpenter Tender; Caisson Worker; Cement
Mason Tender; Cement Handler(dry); Chuck Tender;
Choker Setter; Concrete Worker; Curb Machine-lay
Down; Crusher and Batch Worker; Heater Tender;
Fence Erector; Landscape Laborer; Landscaper; Lawn
Sprinkler Installer; Pipe Wrapper; Pot Tender;
Powderman Tender; Rail and Truck Loaders and
Unloaders; Riprapper; Sign Erection; Guardrail and
Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail
Hoseman; Tool Checker and Houseman and Traffic
Control Worker.
CONSTRUCTION LABORERS GROUP 3
Wage Benefit Zone Pay:
$22.03 $8.05 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
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.
CONSTRUCTION LABORERS GROUP 4
Wage Benefit Zone Pay:
$21.89 $8.05 0-30 mi. free zone
>30-60 mi. base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
Hod Carrier***; Water Well Laborer; Blaster; Wagon
Driller, Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel
High-Scaler; Power Saws (Faller&Concrete) and/or subsistence pay as bricklayers when requested to
Powderman; Rock&Core Drill; Track or Truck Mounted travel.
Wagon Drill and Welder incl. Air Arc.
9
ELECTRICIANS
Wage Benefit Travel:
$30.73 $12.37 0-18 mi. free zone
>18-60 mi. federal mileage rate/mi. in effect when travel
occurs and employee uses own vehicle.
>60 mi. $75.00/day in lieu of any other travel allowance.
DIVER
Wage Benefit Zone Pay:
Stand-By $36.02 $12.89 0-30 mi.free zone
Diving $72.04 $12.89 >30-50 mi. base pay+ $4.00/hr.
>50 mi. base pay+$6.00/hr.
Depth Pay(Surface Diving)
0-20 ft, free zone
>20-100 ft. $2.00 per ft.
>100-150 ft. $3.00 per ft.
>150-220 ft. $4.00 per ft.
>220 ft $5.00 per ft.
Diving In Enclosures
0-25 ft. free zone
>25-300 ft $1.00 per ft.
DIVER TENDER
Wage Benefit Zone Pay:
$34.02 $12.89 0-30 mi. free zone
>30-50 mi. base pay+ $4.00/hr.
The tender shall receive 2 hours at the straight time pay >50 mi. base pay +$6.00/hr.
rate per shift for dressing and/or undressing a Diver
when work is done under hyperbaric conditions.
IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS
Wage Benefit Travel:
$25.90 $20.73 0-45 mi.free zone
>45-85 mi. $45.00/day
Duties Include: >85 mi. $75.00/day
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.
10
LINE CONSTRUCTION — EQUIPMENT OPERATORS
Wage Benefit Travel Pay:
$30.12 $12.75 0-25 mi $30 00/day
>25 mi. $60.00/day
LINE CONSTRUCTION — GROUNDMAN
Wage Benefit Travel Pay:
$24.30 $12.03 0-25 mi. $30.00/day
>25 mi. $60.00/day
LINE CONSTRUCTION — LINEMAN
Wage Benefit Travel Pay:
$40.63 $13.84 0-25 mi. $30.00/day
>25 mi. $60.00/day
MILLWRIGHTS
Wage Benefit Zone Pay:
$29.00 $11.86 0-30 mi. free zone
>30-50 mi. base pay+ $4.00/hr.
>50 mi. base pay+$6.00/hr.
PAINTERS
Wage Benefit No Rate Established
$22.50 $15.01
PILE BUCKS
Wage Benefit Zone Pay:
$26.00 $11.86 0-60 mi. free zone
>60-100 mi. base pay +$3.25/hr.
Duties Include: >100 mi. base pay+ $4.75/hr.
Set up crane; set up hammer;weld tips on piles; set
leads; insure piles are driven straight with the use of
level or plum bob. Give direction to crane operator as to
speed, and direction of swing. Cut piles to grade.
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TEAMSTERS GROUP 1
Wage Benefit Zone Pay:
$22.85 $9.16 0-30 mi. free zone
>30-60 mi. base pay+$3.05/hr.
Pilot car driver. >60 mi. base pay+$4.85/hr.
TEAMSTERS GROUP 2
Wage Benefit Zone Pay:
$26.35 $9.16 0-30 mi.free zone
>30-60 mi. base pay+$3.05/hr.
This group includes but is not limited to: >60 mi. base pay+$4.85/hr.
Dumpman, Gravel Spreader Box Operator; Lumber
Carriers, Lift Trucks & Forklifts; Pickup Driver Hauling
Material, Power Boom; Teamsters &Helpers;
Warehouseman, Partsman, Cardex Man &Warehouse
Expediter.
TEAMSTERS GROUP 3
Wage Benefit Zone Pay:
$26.88 $7.77 0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
This group includes but is not limited to: >60 mi. base pay+ $4.85/hr.
Combination Truck & Concrete Mixer, Distributor Driver;
Dry Batch Trucks; Dump Trucks &Similar Equipment;
Flat Trucks; Lowboys, Four-Wheel Trailers, Float
Semitrailer; Powder Truck Driver(Bulk Unloader Type);
Servicemen; Service Truck Drivers, Fuel Truck Drivers,
Tiremen; Trucks with Power Equipment; Truck
Mechanic; Water Tank Drivers, Petroleum Product
Drivers.
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