Miles City Wastewater Improvements Phase II

Transcription

1 Miles City Wastewater Improvements Phase II Contract Documents prepared for: City of Miles City, Montana May 2016 prepared by: Robert Peccia & Associates Helena, Montana Set Number

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5 TABLE OF CONTENTS Contract Documents & Specifications SECTION I. BIDDING REQUIREMENTS AND INFORMATION Bidder s Checklist Invitation to Bid Instructions to Bidders SECTION II. BIDDING DOCUMENTS Proposal Bid Bond (EJCDC C-430) SECTION III. GENERAL CONDITIONS Standard General Conditions (EJCDC C-700) RPA Supplementary Conditions SECTION IV. SPECIAL PROVISIONS Contents listed at front of the Special Provisions. Funding Agency Special Provisions For Montana Public Facility Projects SECTION V. TECHNICAL SPECIFICATIONS (Bound Under Separate Cover) Contents listed at front of the Technical Specifications. SECTION VI. PREVAILING WAGE RATES APPENDIX A. MISCELLANEOUS FORMS Notice of Award Agreement Performance Bond (EJCDC C-610) Payment Bond (EJCDC C-615) Notice to Proceed Approval of Subcontractors Substitution Request Form Schedule of Values for Contract Payment Application and Certificate of Payment Work Directive Change Change Order Affidavit on Behalf of Contractor Contractor's Certificate of Completion Certificate of Substantial Completion Consent of Surety Company to Final Payment CONSTRUCTION DRAWINGS Bound under separate cover.

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7 SECTION I BIDDING REQUIREMENTS AND INFORMATION

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9 BIDDER'S CHECKLIST At the Bidder s option, the following Bidder's Checklist may be utilized in preparing your bid. 1) 2) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) Bid Proposal: a. b. c. d. e. Arithmetic checked? Numerical Bid Prices agree with written Bid Prices? Addendums acknowledged on bid form? Signature portion completely filled out? Contractor Experience Bid Submittal? 3) Bid Envelope? a. b. c. Addressed Properly? Acknowledged Receipt of Addenda? Sealed? 4) Bid submitted prior to required time at specified location? ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. LEAVE ALL PROPOSAL SHEETS INTACT IN THE CONTRACT DOCUMENTS BOOK. THE ENTIRE CONTRACT DOCUMENTS BOUND BOOK SHALL BE INCLUDED WITH THE BID PROPOSAL. BIDDER'S CHECKLIST

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11 INVITATION TO BID Separate sealed Bids will be received by the City of Miles City until 4:00 PM, local time, June 14, 2016, for construction of improvements to the Miles City Wastewater System Improvements All received Bids will be publicly opened and read aloud at the Miles City Council Meeting scheduled for 7:00 PM at City Hall, located at 17 South 8 th Street, Miles City, Montana The proposed consists of the following: Base Bid: This includes installing a new entrance gate, constructing a new solids handling building, constructing a new aerobic digester, modifying the existing aerobic digester, installation of aeration, dewatering and thickening equipment, and modifying the existing chlorine contact basin for UV disinfection. Additive Alternate one is to be awarded as budget and bids allow Additive Alternate One: the construction of new Septage Receiving Station including septage pumps, a package septage receiving station, a manual coarse screen, and associated sitework.. All Bids must be in accordance with the Contract Documents on file with the City of Miles City located at 17 South 8 th Street, Miles City, Montana, 59301, (406) and at the office of Robert Peccia & Associates, 825 Custer Avenue, Helena, Montana, (406) Digital project bidding documents are available at Robert Peccia & Associates web site ( Click on the link titled Current Projects Bidding. You may download and print the Contract Documents at no charge, however, all Prime Contractors that intend to offer a bid for this project must contact Robert Peccia & Associates at the address stipulated above to obtain an official Bid Proposal form and to get their name added to the Planholders List. A non-refundable deposit of $50.00 will be required to obtain the official Bid Proposal. The entire set of bidding documents may also be obtained in the form of printed construction drawings, specifications and the official Bid Proposal for a nonrefundable deposit of $250.00, if the Contractor chooses not to download and print their own documents. No bids will be considered unless they are submitted on the official Bid Proposal form and the Contractor s name has been included on the Planholders List. A prebid conference will be held at Miles City City Hall, commencing at 1:00 PM, June 1, Those interested in bidding the project are encouraged to attend this meeting. Bids will be received on a price basis as described in the Contract Documents. Bid security in the amount of 10 percent of the total Bid must accompany each Bid. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. Work at the site is to commence within 10 calendar days after the written Notice to Proceed is issued. Completion of the work is required within 240 calendar days following commencement of work. The project includes liquidated damages that will be assessed as set forth in the Special Provisions per calendar day if the work is not complete within the allotted contract time. INVITATION TO BID

12 Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. No Bid may be withdrawn within a period of 60 days after the date for opening bids. The City of Miles City reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. Miles City, Montana By: /s/ Allen Kelm Pubic Utilities Director INVITATION TO BID

13 INSTRUCTIONS TO BIDDERS 1. BIDS a. All bids must be submitted on an official Bid Proposal form supplied by the Owner or Engineer and shall be subject to all requirements of the Contract Documents including the Drawings and these Instructions to Bidders. All bids must be regular in every respect and no interlineations, alterations, or special conditions shall be made or included in the Bid Proposal by the Bidder. b. Complete sets of bidding documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from downloading, printing and using incomplete sets of Contract Documents. c. Each Bid Proposal shall include the following Bid Documents: (1) Bid Proposal, and (2) Bid Security, both of which are included in the Contract Documents. The Bid Proposal shall be enclosed in an envelope which shall be sealed and clearly addressed as follows: Mark lower left-hand corner of your envelope as follows: Addressed to: City of Miles City 17 South 8 th Street Miles City, Montana Project Name and Schedule(s): Bid Date\Time: Contractor Name: Acknowledge Receipt of Addendum No(s): d. Bids will be written in ink and/or typewritten on bid forms furnished herewith. The blank spaces on the forms must be filled in correctly for each item, and the bidder must state the price (written both in words and numerals) for which he proposes to do each item of work contemplated. All Bid Proposals must be totaled and, in the case of errors or discrepancies, the item prices written in words shall govern. e. Erasures or corrections must be initialed by the Bidder in ink. f. Bids must be signed by a proper representative of the firm submitting the bid. Proper representatives are the principal of a singly owned firm, a principal of a partnership firm, and an officer or authorized agent of an incorporated firm. INSTRUCTIONS TO BIDDERS Page 1

14 g. Any Bidder may modify his bid by faxed communication at any time prior to the scheduled closing time for receipt of bids. The communication should not reveal the bid price but should provide the addition or subtraction from the original proposal. Bid modifications must be verified by a signed document in writing, submitted by mail. This written confirmation is to be received within two working days following the bid opening or no consideration will be given to the modification. Oral proposals or modifications will not be considered. Proposals carrying riders or qualifications may be rejected as irregular. h. Contract Documents may be viewed at the following locations: Robert Peccia & Associates, Inc. City of Miles City 825 Custer Avenue 17 South 8 th Street Helena, MT Miles City, MT Phone: (406) Phone: (406) Online at MontanaBid.com 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 accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Miles City, Montana. 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. 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, and Insurance Certificates. 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. INSTRUCTIONS TO BIDDERS Page 2

15 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 mailed or delivered to all parties recorded by the Engineer as having received 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 obtain such Addenda prior to submitting his proposal, and to acknowledge receipt of all addenda issued in the Bid Proposal. 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 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. INSTRUCTIONS TO BIDDERS Page 3

16 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 non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of INSTRUCTIONS TO BIDDERS Page 4

17 materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. 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. 7. OPENING OF BIDS At the time and place fixed 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. Bidders and other persons properly interested may be present, in person or by representative. 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD a. Award of the contract shall be to the lowest responsible Bidder whose total base bid or the lowest combination of base bid and additive alternate bid(s), taken in consecutive order, (if within the funds available) is the lowest responsible bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. c. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. INSTRUCTIONS TO BIDDERS Page 5

18 d. The Owner shall award such contract to the lowest responsible bidder ( MCA). The term responsible does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term responsible includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; 4. Having the necessary production, construction, technical equipment, and facilities, and; 5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section , Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein. 10. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest qualified bid may be required to meet with the Owner and the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: INSTRUCTIONS TO BIDDERS Page 6

19 a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b. Contractor's financial status and capability to execute the contract. c. The Contractor's proposed schedule of operations. d. The interpretation of the Specifications. e. The Contractor's proposed wage rates for use on the project. f. Bidder status concerning responsibility. g. Approval of subcontractors. h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 10 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. INSTRUCTIONS TO BIDDERS Page 7

20 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. 12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 13. 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. 14. LABOR AND WAGES a. For projects in excess of $25,000 let for state work, 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 ( , Montana Code Annotated). INSTRUCTIONS TO BIDDERS Page 8

21 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 , Montana Code Annotated (MCA) ( , MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with and , Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor s responsibility to determine whether the heavy, highway or building wage rates apply to this project, or portions of this project. 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, P.O. Box 6518, 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 , 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 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, Helena, Montana. i. Copeland (Anti-Kickback) Act - Nonrebate of Wages. The regulations of the Secretary of labor applicable to contractors and subcontractors (29 CFR, Part 3), made pursuant to the Copeland Act, as amended (40 U.S.C. 276c) and to aid in the enforcement of the Anti-Kickback Act (18 U.S.C. 874) are made a part of this Contract by reference. The Contractor will comply with these regulations and any amendments or modifications thereof and the prime Contractor will be responsible INSTRUCTIONS TO BIDDERS Page 9

22 for the submission of affidavits as required by subcontractors thereunder. The foregoing shall apply except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions. j. Contract Work Hours and Safety Act. The regulations of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ), as supplemented by the Department of Labor Regulations (29 CFR Part 5) are made a part of this Contract by reference. The Contractor and his subcontractors on construction projects and certain other types of projects must pay an overtime rate of one and one-half times the basic hourly rate subject to the requirements of this Act and supplemental regulations. (40 hours a week is the basis for computing the hourly rate.) Contractors must provide safe and healthy work surroundings and conditions. k. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 15. EQUAL EMPLOYMENT OPPORTUNITY BIDDER S attention is directed to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. Bidders on this work will be required to comply with the President s Executive Orders No as amended, 11458, 11518, and MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section , MCA. 17. 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. INSTRUCTIONS TO BIDDERS Page 10

23 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. 18. BUY AMERICAN REQUIREMENTS The Contractor agrees that preference will be given to domestic construction material by the contractors, subcontractors, materialmen, and suppliers in the performance of this Contract. a. Domestic Preference. Domestic construction material must be used in preference to non-domestic materials if it is priced no more than 6 percent higher than the Bid or offered price of the non-domestic materials including all costs of delivery to the construction site, including any applicable duty, whether or not assessed. Computations will normally be based on costs on the date of opening Bids or Proposals. b. Waiver. The Owner may waive the Buy-American provision based upon those factors that it deems relevant, including: (I) Such use is not in the public interest; (ii) The cost is unreasonable; (iii) The available resources of the Owner are not sufficient to implement the provision; (iv) (v) The articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured and not mined, produced, or manufactured in the United States in sufficient and reasonable available commercial quantities or satisfactory quality for the project; or Application of this provision is contrary to multilateral government procurement agreements. 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. INSTRUCTIONS TO BIDDERS Page 11

24 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 numbers of days within which the Work is to be substantially completed (the Contract Time) is 240 Calendar Days. 22. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 23. MONTANA CONTRACTOR S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. 24. DBE REQUIREMENTS BIDDER S attention is directed to Section (Funding Agency Special Provisions for Montana Public Facility Projects) of these Contract Documents. The successful BIDDER shall comply with all applicable articles therein. DBE solicitation requirements are located in Section [Guidance for Utilization of Small, Minority, and Women Business Enterprises (DBE) Requirements of 40 CFR (D)] of Section An online DBE quote request form is available to BIDDERS at The BIDDER should fill out and submit the quote request form as early in the bidding period as possible to allow sufficient time for qualified DBE firms to respond. A DBE must be certified as such by a state or federal agency (e.g., the Small Business Administration, the Department of Transportation, or EPA) or by a state, local, or independent private organization, provided their criteria match those under section 8(a) (5) and (6) of the Small Business Act and Small Business Administration s 8(a) Business Development Program Regulations. Self certification of DBEs is not allowed. BIDDERS must complete: i) EPA Form (DBE Subcontractor Utilization Form), for contractor s actual and anticipated use of identified certified DBE subcontractors, and ii) completed EPA Form(s) , if any DBE subcontractors are obtained. Inadequate DBE solicitation efforts by the BIDDER may be grounds for the MDEQ State Revolving Fund program to withhold funds for the project and withhold authorization to award the construction contract. In accordance with Section Article , failure to submit evidence showing a good faith effort may cause the bid to be rejected as non-responsive. 25. DEBARMENT CERTIFICATION INSTRUCTIONS TO BIDDERS Page 12

25 BIDDER S attention is directed to Section (Certification Regarding Debarment, Suspension and Other Responsibility Matters) of Section with respect to Certification Regarding Debarment. Federal funding is being utilized on this project and the successful bidder must provide the debarment certification statement at the time of bid opening with the bid and other forms required. 26. EQUAL EMPLOYMENT OPPORTUNITY BIDDER S attention is directed to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. Bidders on this work will be required to comply with the President s Executive Orders No as amended, 11458, 11518, and COMPLIANCE WITH WAGE RATE REQUIREMENTS Under all Schedules of this Contract with the Owner, the Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates, as appended. 28. AMERICAN IRON AND STEEL (AIS) REQUIREMENTS BIDDER S attention is directed to ARTICLE of Section with respect to American Iron and Steel (AIS) requirements. All of the iron and steel products used in the 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, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L ) and as further interpreted by applicable EPA guidance (see The General Contractor(s) shall provide the Owner with a certifying statement upon project completion that all of the qualifying iron and steel components used in the project are produced in the United States. General Contractor(s) shall ensure that all subcontractors and manufacturers/suppliers on the project have met the AIS requirements. The Manufacturer/Supplier Certification forms should be provided to the Owner prior to product purchase or be supplied with the delivery of the products. Certification forms for the General Contractor(s) and manufacturers/suppliers are found in Exhibit E of Section A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will INSTRUCTIONS TO BIDDERS Page 13

26 increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. The EPA has issued the following national waivers; 1) De Minimis (April 15, 2014), 2) Product Waiver for Pig Iron and Direct Reduced Iron (February 18, 2015) and 3) Minor Components in Iron and Steel Products (October 27, 2015). 29. BID SUBMITTAL - CONTRACTOR EXPERIENCE Bidders are required to include the following items to be included in the envelope as a bid submittal: 1. A list of no less than 3 public works projects that were completed by the bidder that included deep excavations, structural concrete, de-watering, and installation of process equipment for municipal water/wastewater treatment with a contract amount of $4,000,000 of greater. The bid submittal shall include the name of the project, a description of the project, and an owner reference that is familiar with the bidder s performance. Bidders who do not provide this information will be considered unqualified and may cause the bid to be considered non-responsive. 2. The qualifications and experience of the bidder s proposed superintendent that would be on-site during the work. The superintendent shall have a minimum of (3) projects where the individual served as the superintendent on projects that include the above aspects. Bidders who do not provide this information will be considered unqualified and may cause the bid to be considered non-responsive. F:\ADMIN\SPECS\RPABOILR\INSTRUCTION TO BIDDERS.doc Revised: July 8, 2013 INSTRUCTIONS TO BIDDERS Page 14

27 SECTION II BIDDING DOCUMENTS

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29 BID PROPOSAL City of Miles City 17 South 8 th Street Miles City, Montana Gentlemen: The undersigned, having familiarized himself with the conditions of the work and the contract documents, agrees to furnish all labor, materials, equipment and services necessary to complete all general construction work, as bid herein, for a project entitled Miles City Wastewater Improvements Phase II-2016 in accordance with the contract documents, including all Addenda. The undersigned Bidder hereby agrees to commence work under this contract on the date to be specified in a written Notice to Proceed from the Owner and to fully complete the project within the following specified times thereafter as stipulated in the Specifications. Time is of the essence in completing this project. Bidder further agrees to pay liquidated damages for each consecutive day work continues past the contract time. Liquidated damages will be the sum of $500 per calendar day plus reimbursement for engineering services per consecutive calendar day the work continues past the contract time. The work shall be completed within the allotted contract times as specified in the Special Provisions. The undersigned Bidder hereby certifies that: 1) this Bid is genuine and is not made in the interest of, or in the 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; 2) he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; 3) he has not solicited or induced any person, firm or corporation to refrain from bidding; and 4) he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. The undersigned Bidder agrees to provide or perform as follows: NOT FOR BIDDING BID PROPOSAL Page 1

30 Item No. BID PROPOSAL MILES CITY WASTEWATER IMPROVEMENTS PHASE II BASE BID Unit Description Unit Price Total Price Estimated Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Total Bid) $ $ 2 1 LS Site Work 3 1 LS Buried Process Piping 4 1 LS Solids Handling Building Structure 5 1 LS Aerobic Digester 2 Structure (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ $ (Unit Price Written in Words) NOT FOR BIDDING 6 1 LS UV Building Structure $ $ (Unit Price Written in Words) BID PROPOSAL Page 2

31 BID PROPOSAL MILES CITY WASTEWATER IMPROVEMENTS PHASE II BASE BID 7 1 LS Mechanical $ $ 8 1 LS Electrical 9 1 LS HVAC TOTAL BASE BID: (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ (Total Bid Written in Words) NOT FOR BIDDING BID PROPOSAL Page 3

32 BID PROPOSAL MILES CITY WASTEWATER IMPROVEMENTS PHASE II-2016 ADDITIVE ALTERNATE ONE Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Additive Alternate One) $ $ 2 1 LS Septage Receiving Station TOTAL ADDITIVE ALTERNATE ONE: (Unit Price Written in Words) $ $ (Unit Price Written in Words) $ (Total Bid Written in Words) NOT FOR BIDDING BID PROPOSAL Page 4

33 BID PROPOSAL (cont.) The foregoing unit bid prices shall include all labor, materials, equipment, overhead, profit, insurance, and all incidentals required to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled opening time. Bidder hereby acknowledges receipt of the following Addenda, which have been considered in preparation of this Bid: Addendum No. Addendum No. Addendum No. Dated Dated Dated The undersigned Bidder acknowledges that this information, which was developed by the Engineer, is for design purposes only. The Contractor shall be solely responsible for information required to bid the project. By signing this Proposal, the Contractor acknowledges that he has adequate information independently verified by the Contractor, to prepare and offer this bid. Firm Name: By: (Signature) Title: Business Address: Mont. Contractor s Registration No. Special Fuel Users Permit No. NOT FOR BIDDING Telephone No.: Date: Bid Security Attached: Yes BID PROPOSAL Page 5

34 Intentionally Left Blank NOT FOR BIDDING

35 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): OWNER (Name and Address): BID BI D D IN G SURETY (Name, and Address of Principal Place of Business): Bid Due Date: Description (Project Name Include Location): BOND Bond Number: Date: Penal sum $ Signature N O T By: FO R (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder s Name and Corporate Seal Surety s Name and Corporate Seal Attest: By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Signature Title Attest: Signature Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal EJCDC C-430, Bid Bond (Penal Sum Form). Published Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2

36 PENAL SUM FORM sum is the extent of Bidder s and Surety s liability. Recovery of such penal sum under the terms of this Bond shall be Owner s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. NOT NOT FOR FOR BIDDING BIDDING 11. The term Bid as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-430, Bid Bond (Penal Sum Form). Published Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2

37 SECTION III GENERAL CONDITIONS

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39 SECTION III INCORPORATION OF EJCDC STANDARD GENERAL CONDITIONS Incorporation of the Montana Public Works and Engineers Joint Contracts Documents Committee Standard General Conditions and Supplementary Conditions to the General Conditions. The following are hereby incorporated by reference and made a part of this Contract: 1. The Standard General Conditions of The Construction Contract as Prepared by the Engineers Joint Contract Documents Committee as found in the Montana Public Works Standard Specifications, Sixth Edition, April The Supplementary Conditions to the General Conditions as found in the Montana Public Works Standard Specifications, Sixth Edition, April The following RPA Supplementary Conditions are modifications to Montana Public Works and Engineers Joint Contract Documents Committee Standard General Conditions of the Construction Contract:

40 Intentionally Left Blank

41 SECTION III RPA SUPPLEMENTARY CONDITIONS The intent of this Section is to supplement the conditions outlined in the Standard General Conditions. CONTENTS 1. Insurance 2. Bonding 3. Estimated Quantities 4. Unit Price Work 5. Project Meetings 6. Governing Standards and Regulatory Requirements 7. Submittals 8. Weed Control 9. Regular Hours and Weather Days 10. Contractor Reimbursed Engineering Costs 11. Construction Progress 12. Repair and Replacement Quality 13. Rejected Work 14. Traffic Control 15. General Equipment Stipulations 16. Blasting 17. Contract Document Discrepancies 18. Project Closeout 19. System Commissioning and Cleanup 20. Warranty 1. 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 A-, VI, as will protect the CONTRACTOR, the vicarious acts of subcontractors, the OWNER, the ENGINEER, the Engineer s Consultants, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insured s from claims for bodily injury (including sickness, disease and mental anguish), death and property damage which may arise from operations and completed operations under this Agreement. CONTRACTOR shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the OWNER and the ENGINEER. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the CONTRACTOR shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. A. Contractor s Liability Insurance Add the following new paragraphs immediately after Paragraph 5.04.B: RPA SUPPLEMENTARY CONDITIONS Page 1

42 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 and related coverages under Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer s Liability $1,000, CONTRACTOR S General Liability Insurance under Paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions which shall include a Commercial General Liability insurance policy based on Insurance Services Office (ISO) Form CG (or 12 04, or edition dates). The coverage shall be based on an occurrence form and shall include, but not be limited to, coverage for Premises/Operations, Products/Completed Operations, Personal and Advertising Injury, Subcontractors, and Liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability policy form that modifies the standard general liability policy arising from pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors. The General Aggregate Limit shall apply separately to each of the Contractor s projects per the latest edition of Form CG 25 01, CG 25 03, or equivalent. a. GENERAL AGGREGATE PER PROJECT $3,000,000 b. Products-Completed Operations Aggregate $3,000,000 c. Personal and Advertising $2,000,000 d. Bodily Injury and Property Damage (Each Occurrence) $2,000,000 RPA SUPPLEMENTARY CONDITIONS Page 2 e. 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, The deductible, if any, may not exceed $5, per occurrence on property damage. f. In addition to other requirements in the General Conditions, Coverage will include at a minimum: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability

43 4. Personal Injury 5. Products and Completed Operations 6. NO additional exclusions that modify the standard ISO Commercial General Liability policy form CG (or 12 04, or edition dates) in regard to pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors will be acceptable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $2,000,000 Each Accident $2,000,000 (or) Property Damage: Each Accident $2,000,000 b. Combined Single Limit $2,000,000 Coverage to be written with a symbol 1 (0ne) any auto basis to Include: 1. All Owned 2. Hired 3. Non-Owned c. Contractor s Automobile Liability Insurance under 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, The deductible, if any, may not exceed $5, per accident. 4. The Contractual Liability coverage required by Paragraph 5.04.B.3 of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $2,000,000 Aggregate $3,000,000 a. Contractual Liability Insurance under 5.04.B. 3 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, The deductible, if any, may not exceed $5, per occurrence. 5. OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: RPA SUPPLEMENTARY CONDITIONS Page 3

44 In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. The policy must be in the name of the Owner. This liability insurance shall include as additional insureds the Engineer and the Engineer s Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a. General Aggregate $2,000, b. Each Occurrence $1,000, (Bodily Injury and Property Damage) The OCP policy shall remain in effect until completion of the project and final payment is made to the Contractor and all times thereafter when the Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph of the General Conditions. The insurance policy will contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty-five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 6. Additional Insured s: The CONTRACTOR S insurance coverage shall name the OWNER, and ENGINEER and Engineer s Consultants and applicable landowners (if any) as an additional insured under Commercial General Liability, Automobile Liability and Excess or Umbrella policies. A list of the additional insured s for this project is contained in the Special Provisions. a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insured s on a primary, non-contributory basis. Use the following Additional Insured Endorsements: ENTITY Owner and Landowners - [See Special Provisions] Engineer Robert Peccia and Associates Engineers' Consultants [See Special Provisions] FORM use Additional Insured Endorsements; CG or combination of CG & CG or CG & CG Montana only or subsequent editions; Additional insured must include On-going Operations as well as Completed Operations. use Additional Insured Endorsement; CG use Additional Insured Endorsement; CG RPA SUPPLEMENTARY CONDITIONS Page 4

45 b. With respect to the Owner s and Contractor s Protective Policy (OCP) insurance required by paragraph SC-5.04.C.5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY Engineer Robert Peccia and Associates Engineers' Consultants [list by name] FORM use Additional Insured Endorsement; CG use Additional Insured Endorsement; CG B. Cancellation Notice Amend paragraph 5.04.B.4 of the General Conditions by striking out the words 30 days and replacing them with the words 45 days and as so amended paragraph 5.04.B.4 remains in effect. C. Property Insurance Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: 1. CONTRACTOR shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: a. Include the interests of OWNER, CONTRACTOR, Subcontractors(All Tiers Contractor to list Subcontractors), ENGINEER, ENGINEER S Consultants, and any other persons or entities identified in the Special Provisions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; b. Deductible may not exceed $10,000 unless approved by an appropriate change order. c. be written on a Builder s Risk special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and other perils as may be specifically required by the Supplementary Conditions; d. include expenses incurred in the repair or replacement of any insured property(including but not limited to the fees and charges of engineers and architects); e. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; RPA SUPPLEMENTARY CONDITIONS Page 5

46 2. BONDING f. be endorsed to allow occupancy and partial utilization of the Work by OWNER; g. include testing and start-up; and h. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with forty-five days written notice to each other additional insured to whom a certificate of insurance has been issued. i. CONTRACTOR and subcontractors shall be responsible for any deductible or self-insured retention based on fault. j. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article 1.C shall comply with the requirements of Paragraph 5.06.C of the General Conditions. k. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article 1.C shall comply with the requirements of GC-5.06.C. The qualifications of the insurance company shall comply with the requirements of Article 1 of these Supplementary Conditions. In addition to all bonding requirements indicated in Article 5 of the General Conditions, all Contractors shall be responsible for meeting the Montana Workers Surety Bond Requirements per MCA ESTIMATED QUANTITIES 3.1 Estimated Quantities. All estimated quantities stipulated in the Proposal and other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the work; and (b) for the purpose of comparing proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may vary substantially from such estimated quantities. The actual quantities will depend on the conditions encountered at the time the work is performed, and the unit prices apply, subject to the exceptions in Supplementary Condition 4 - Unit Price Work. 4. UNIT PRICE WORK Paragraph of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: A. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. If the total cost of a particular item of Unit Price Work amounts to 10% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and RPA SUPPLEMENTARY CONDITIONS Page 6

47 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." 5. PROJECT MEETINGS 5.1 Preconstruction Conference. After the Contract has been awarded, but before the start of construction, a preconstruction conference will be held at a time and place mutually agreed to by the parties. The conference shall be attended by the following: the Contractor and his superintendent; the principal subcontractors; representatives of principal suppliers and manufacturers, as appropriate; the Engineer; Representatives of the Owner; and others as appropriate. Unless previously submitted, the Contractor shall bring the following submittals to the conference: list of proposed Subcontractors; proposed construction schedule; schedule for submitting shop drawings and other submittals; scheduled procurement dates; construction technique submittal forms (as applicable); preliminary payment schedule; and tentative schedule of values. Work shall not start prior to the Engineer's receipt of these submittals. 5.2 Progress Meetings. Progress meetings shall be held monthly to review progress and requests for payment, maintain coordination, update and modify scheduling requirements, and resolve any problems that might develop. The Engineer shall preside at the meeting. 6. GOVERNING STANDARDS AND REGULATORY REQUIREMENTS 6.1 Jurisdiction. The performance of this work shall be under the jurisdiction of the following agencies, departments, and standards and compliance with the requirements thereof is required: Federal Level: United States law; United States Corps of Engineers; Environmental Protection Agency. State Level: Montana Code Annotated; Montana Department of Environmental Quality; Dept. of Fish, Wildlife & Parks (SPA); Department of State Lands; the Department of Natural Resources and Conservation; the Montana Building Codes Division; Uniform Building Code, (latest edition); Uniform Plumbing Code, (latest edition); Uniform Mechanical Code, (latest edition); Uniform Fire Code (latest edition); National Electric Code, (latest edition). Permits. The Contractor must also comply with the requirements of any permits obtained for the project by the Owner. These permits may include stream bed crossing permits, flood plain permits, etc. Copies of any of these permits are available upon request from the Engineer. However, the Contractor shall be responsible for obtaining any permits regarding the discharge of any water related to the construction of this project (this includes a Montana Department of Environmental Quality 3A Permit). Local Level: City ordinances and regulations. RPA SUPPLEMENTARY CONDITIONS Page 7

48 6.2 Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to the performance of the work on the project. The Contractor shall perform all work in accordance with the regulatory requirements. Any conflict between the Contract Documents and the regulatory requirements shall be brought to the immediate attention of the Engineer. 7. SUBMITTALS 7.1 Construction Schedule. The Contractor shall submit to the Engineer for review a schedule of the proposed construction operations. The construction schedule shall indicate the sequence of the Work, the time of starting and completion of each part, and at a minimum one entry for each bid item and trade involved therein. Whenever 10 percent or more of the schedule items are inconsistent with the original schedule, the Contractor shall prepare a revised schedule and narrative plan that indicates corrective action that will bring the progress of the work back to the original schedule completion dates. The revised schedule and narrative shall be submitted to the Engineer for review, approval, or comment before any further pay requests will be received or recommended for payment. The construction schedule shall be acceptable to the Engineer before the Notice to Proceed is issued. 7.2 Schedule of Values. The Contractor shall prepare and submit to the Engineer a schedule of values for each lump sum bid item on the Proposal. Each item shall be subdivided to show the portion of payment assigned to each work location and work item or trade involved. The schedule of values, showing the value of each kind of work at each site, shall be acceptable to the Engineer before any application for payment is prepared. The sum of the items listed in the schedule of values shall equal the lump sum price for the bid item. Items such as bond premium, temporary construction facilities, and office expense may be listed separately in the schedule of values, provided the amounts can be substantiated. Overhead and profit shall not be listed as separate items. An unbalanced schedule of values providing for overpayment of the Contractor on items of work which would be performed first will not be accepted. The schedule of values shall be revised and resubmitted until acceptable to the Engineer. Final acceptance by the Engineer shall indicate only consent to the schedule of values as a basis for preparation of applications for progress payments and shall not constitute an agreement as to the value of each indicated item. 7.3 Schedule of Payments. Within 10 days after the effective date of the Agreement, the Contractor shall furnish to the Engineer a schedule of estimated monthly payments. The schedule shall be revised and resubmitted each time an application for payment varies more than 10 percent from the estimated payment schedule. 7.4 Approval of Subcontractors. Contractor shall submit a list of Subcontractors to be used on the project and it shall be acceptable to the Owner prior to starting work. For each Subcontractor include name, address, phone, type of work, registration number, approximate contract value and a list of projects completed within the last 5 years by the Subcontractor. RPA SUPPLEMENTARY CONDITIONS Page 8

49 7.5 Shop Drawings and Engineering Data. In addition to the construction schedule, the Contractor shall submit to the Engineer a Shop Drawing Schedule indicating the title and appropriate date that all anticipated shop drawings will be submitted to the Engineer before the Engineer will proceed with the review of any submittals. All submittals, regardless of origin, shall be stamped with the approval of the Contractor indicating his review and identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the work. When catalog pages are submitted, applicable items shall be clearly identified. The current revision, issue number, and date shall be indicated on all drawings and other descriptive data. Substitutions will be considered through completion of a Substitution Request Form (bound into the Appendix of these documents). All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in the Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by the Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping diagrams. The Contractor shall accept full responsibility for the completeness of each submission and, in the case of a resubmission, shall verify that all exceptions previously noted by the Engineer have been taken into account. In the event that more than one resubmission is required because of failure of the Contractor to account for exceptions previously noted, the Contractor shall reimburse the Owner for the charges of the Engineer for review of additional resubmissions. The costs of additional review shall be deducted from the Contractor's progress payments. Any need for resubmission or any other delay in obtaining the Engineer's review of submittals will not entitle the Contractor to extension of the Contract Time unless delay of the work is directly caused by a change in the work authorized by a Change Order or by failure of the Engineer to return any submittal within three (3) weeks after its receipt in the Engineer's office. Five (5) copies of each drawing and necessary data or schedule shall be submitted to the Engineer. Improper format or illegible information shall be cause to return submittals without review. The Engineer will not accept submittals from anyone but the Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. Items resubmitted shall bear the number of the first submittal followed by a letter (A, B, etc.) to indicate the sequence of the resubmittal. When the schedules, drawings, and data are returned marked RETURNED FOR CORRECTION, the corrections shall be made as noted thereon and as indicated by the Engineer and corrected copies shall be resubmitted. When corrected copies are resubmitted, the Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by the Engineer on previous submissions. RPA SUPPLEMENTARY CONDITIONS Page 9

50 When the drawings and data are returned marked EXCEPTIONS NOTED, no additional submission is needed provided all exceptions marked are incorporated into the item. No resubmission is required for submittals marked NO EXCEPTIONS NOTED or RECORD COPY. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed and returned with no resubmission needed by the Engineer. A copy of each processed shop drawing and each processed sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. No materials-on-site payments will be approved in applications for partial payment for equipment or materials until shop drawings for same have been reviewed and returned by the Engineer without a requirement for resubmission. 7.6 Record Drawings and Survey Data. The Contractor shall prepare and maintain drawings recording the constructed characteristics of all aspects of the work. Record drawings shall be of sufficient detail and accuracy to permit ready identification and location of all component parts and hidden or buried facilities. This is especially important in the case of part time construction observation by the Engineer. The record drawings and survey data shall be made available to the Engineer at all times. This includes all field books, notes, and other data developed by the Contractor in performing surveys required as part of the work. Upon completion of the work, a paper copy of all record drawings and survey data shall be transmitted to the Engineer and Owner. 8. WEED CONTROL Prior to mobilizing equipment on the project site, the Contractor shall clean his equipment and vehicles to assure no weeds are imported. If there is an abnormal growth of noxious weeds on a project site after construction as determined by the Owner or local weed control authority, the Contractor will be responsible for weed control for the duration of the contract warranty. 9. REGULAR HOURS AND WEATHER DAYS 9.1 Regular Hours. The regular work week shall consist of five working days, Monday through Friday, with regular working hours of 8:00 a.m. to 5:00 p.m. Written requests to perform any work outside of the regular work week or normal working hours must be delivered to the Owner and Engineer no less than 48 hours prior to the planned start of the work. Contractor may not work other than regular hours without written approval from Owner and Engineer. 9.2 Weather Days. In the event inclement weather or the aftermath of inclement weather prevents the Contractor from performing any compensable work for a minimum of 60% of the Regular day or other work period approved by the Owner, he may request a credit for that day. No credit for inclement weather will be allowed on non-working days. A request for a weather day must be submitted to the Engineer by the end of each calendar day being requested. RPA SUPPLEMENTARY CONDITIONS Page 10

51 9.3 Winter Shutdown. In the event of the onset of winter weather, a winter shutdown will be granted upon written request and mutual agreement of the Contractor and Owner, provided the Contractor has complied with the contract documents and has adequately protected the site and adjacent property. Contract time will continue to run until the Contractor has satisfied these conditions and Contractor shall not be entitled to additional contract time if it fails to satisfy these conditions. Work will commence in the spring at the earliest possible date. 9.4 Standby Time. No separate payment will be made for standby time, inactive periods beyond Contractor control or inactive periods resulting from requirements of this Contract. Such time will be considered incidental to the required work. Standby time can be expected, but is not limited to waiting for completion of other related contractors work. 10. CONTRACTOR REIMBURSED ENGINEERING COSTS The Contractor shall reimburse the Owner the full cost of Engineering services in the event the Engineer incurs unscheduled employment necessitated by the Contractor. Examples of unscheduled employment of the Engineer are the following Contractor actions: 1) Working more than forty (40) hours per week, more than five (5) days per week and Saturdays, Sundays, and holidays. 2) Furnishing materials or equipment not in conformance with Contract Documents necessitating redesign by the Engineer. 3) Working beyond the time of completion established in the Notice to Proceed with Construction. 4) Retests by the Engineer of tests that have failed. 5) Retests by others for tests that require Engineer's presence. 6) Repeated review of submittals and shop drawings that have not been approved. 7) Additional inspection as a result of unacceptable work. 8) Failing to follow design or construction documents. 9) Submitting excessive or unreasonable claims requiring Engineer s review. 10) Failing to properly document pay requests. 11) Failing to provide or adhere to schedules. 12) Other services that are within the Contractor's control to avoid. The Engineering fees to be reimbursed by the Contractor shall be according to the following schedule: 1) Labor: At the Engineer's current billable rates, including overhead, as referred to in the Agreement between the Owner and Engineer, plus 15% profit. RPA SUPPLEMENTARY CONDITIONS Page 11

52 2) Other Consultant: At actual cost plus 10% 3) Mileage: $0.625/mi.; $0.575mi. 4) Per Diem: IRS allowable rate 5) Other expenses and laboratory testing: Actual Cost + 10% 6) Field Testing: Engineer's current billable rate for specific equipment utilized Contractor shall make payment of these Engineering services by deduction from the project progress payments or final payment or by invoice to the Contractor. The Engineering contract will be analyzed at the end of the project to determine whether any unscheduled employment of the Engineer, during the schedule contract time, resulted in a cost savings to the Owner. If, as a result of working more than 40 hours per week, five days per week, the Contractor completes the project within the scheduled time, and if the overtime results in a reduced contract time and cost savings to the Owner, no damages will be assessed for the unscheduled employment of the Engineer during the scheduled contract time. Damages will be assessed as stipulated for each day the work remains uncompleted beyond the scheduled contract time. 11. CONSTRUCTION PROGRESS 11.1 The Contractor shall maintain suitable progress on the job at all times. This shall include the presence of full crews with superintendents effectively operating with proper equipment and tools. In the event the Owner is dissatisfied with the progress, performance, or timing of the work, the Owner will give the Contractor written notice in which the Owner will specify in detail the cause of dissatisfaction. Should the Contractor fail or refuse to remedy the matters indicated and fail to submit a detailed schedule indicating how the Contractor shall complete the work in the Contract Time remaining within ten (10) days after the written notice is received by the Contractor, the Owner will have the right to take control of the work and either make good the deficiencies of the Contractor itself or direct the activities of the Contractor as the Owner deems advisable, or the Owner may terminate the Contract. In either event, the Owner will be entitled to collect from the Contractor all expenses in completing the work Should an unforeseen or changed site condition arise on a portion of the work, the Contractor shall immediately notify the Owner in writing. The Owner and Engineer will work with the Contractor to resolve such a condition in a fair and equitable manner as soon as possible. However, the Contractor shall continue work on any or all portions of the work that are not directly affected by the unforeseen or changed site conditions or, when directed by the Engineer, the Contractor shall continue work on the disputed portion of the work in conformance with the appropriate section of these General Requirements. No claim for additional Contract Price or Time for standby will be allowed. Failure or refusal of the Contractor to continue such work will be cause for the Owner to take control of the work or terminate the Contract as herein provided and to employ such additional help as the Owner deems advisable to maintain progress. The costs of any such work will be deducted from the Contractor's monthly progress payments. The Contractor shall be subject to liquidated damages for any overrun of the Contract Time resulting from his failure or refusal to continue work as described above. RPA SUPPLEMENTARY CONDITIONS Page 12

53 12. REPAIR AND REPLACEMENT QUALITY 12.1 General. Items requiring repair or replacement due to damage or removal or otherwise necessitated in the course of pursuance of the work and which are not otherwise specified herein, shall be repaired or replaced to the following levels of quality Paved and Graveled Roads, Curb and Gutter, Driveways, and Sidewalks. Repair or replacement shall be to a thickness and grade matching the existing condition. Quality of materials and methods shall comply with respective sections of the current edition of the Montana Public Works Standard Specifications. Any removed or damaged pavement markings shall be replaced to match the existing markings Water and Sewer Mains and Services. Repair or replacement shall be in a manner consistent with the existing condition using materials conforming to the Uniform Plumbing Code, the current editions of the Montana Department of Environmental Quality Design Standards, and other requirements of the Montana Department of Environmental Quality. Construction shall also comply with the current edition of the Montana Public Works Standard Specifications. Repair or replacement will not be allowed with materials like the existing installation if they do not conform to the above-referenced standards Electrical, Telephone, Cable TV, Natural Gas, and Petroleum Lines. Repair or replacement shall be to the standards required by the utility owner and at the utility owner's option may be performed by the utility owner with the full cost assessed to the Contractor Lawn Restoration, Fertilizing, and Seeding. All areas disturbed by the Contractor's operations such as, but not limited to, haul roads, loading operations and disposal operations shall be restored by grading to the original contours, sodding, and/or fertilizing and seeding. This will include repair or replacement of all disturbed vegetation to pre-construction standards as required by the Owner and landowner. The seed mixture and fertilizer to be used will be submitted to the Engineer prior to application on the prepared seed bed. The Contractor shall include the cost of this work in the price bid for other items of work, and no separate compensation will be allowed Fences. All fences adjacent to any work site are to be maintained to the satisfaction of the abutting property owners. The Contractor shall notify the landowners of the need to temporarily remove or relocate fences for access to the work and shall coordinate such activities with the respective landowners in regards to removal, relocation, and restoration of fences prior to commencing work. Any fence removed or destroyed during the course of the Contract shall be reinstalled or reconstructed in like kind at no cost to the Owner or the landowner. The cost for this work shall be considered incidental and no additional compensation will be allowed Other Items. Repair or replacement of other items not covered by the preceding shall be to the standards required by the owner of the item and at the owner's option may be performed by the owner of the item with the full cost assessed to the Contractor. RPA SUPPLEMENTARY CONDITIONS Page 13

54 12.8 Decisions Regarding Repair Versus Replacement. The decision of repair versus replacement of an affected item shall be at the discretion of the Engineer upon consultation with the owner of the item. The decision shall be based on a determination of whether repaired quality can equal the quality of a replacement installation. The Engineer's authority shall be final in this regard Limits of Repair or Replacement. The limits of areas to be repaired or replaced shall be determined by the Engineer in the field based on the extent of damage or removal sustained. The determination shall be based on insuring that all damaged or removed portions of the existing installation are fully restored. The authority of the Engineer in this regard shall be final. All work effects outside limits as described in these Contract Documents are subject to repair and replacement quality as described herein Repair by Party Owning or Maintaining Item. The party owning or maintaining the item under consideration shall have the exclusive right to undertake repair or replacement themselves and charge the Contractor for full costs incurred or to direct and supervise the Contractor to repair or replace the item to their standard of quality. The authority of the owner of the item shall be final in this regard. 13. REJECTED WORK Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration of the warranty period, shall be removed and replaced by work which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on Contractors submittals shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against the Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work which does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials or equipment. The Owner will then promptly provide the Contractor with the list of defective work and nonconforming materials or equipment. 14. TRAFFIC CONTROL The Contractor shall schedule his construction operations in a manner which will assure that: 1) the safety and convenience of motorists and pedestrians, and the safety of construction workers, are adequately met at all times; and 2) the project is completed in a manner most beneficial to the project as a whole. All signing and striping shall conform to the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD). Traffic control shall be provided in full compliance with MUTCD during materials hauling and equipment operation or transport along public roadways. Control shall include necessary signing, flagpersons, barricades, and hazard markers. At least one-way traffic shall be maintained at all times with continuous passage for emergency vehicles from either direction. In special cases as noted in the Special Provisions, maintenance of two way traffic may be required. At the conclusion of daily construction RPA SUPPLEMENTARY CONDITIONS Page 14

55 activities, the Contractor shall insure that proper traffic control measures remain in effect overnight and through the weekend. This includes protecting any open excavations or other hazards. Prior to any construction, the Contractor shall prepare and submit a detailed traffic control plan in accordance with the Submittals Section. The plan shall include, at a minimum, the following: Calendar time periods of proposed traffic interruptions and control. Locations of all signs, markers, barricades, and other traffic control devices to be used. Specifications for signs, markers, and barricades including references to MUTCD. Locations for flag-persons where used, along with anticipated dates and hours of use. Routing of any detours required. The traffic plan will be subject to review and approval by the Montana Department of Transportation for roads under their jurisdiction, by the local county for county roads, by the local municipalities for municipal roads, and by the U.S. Forest Service or Bureau of Land Management for roads under their control. These approvals will be in addition to that provided by the Engineer in accordance with the Submittals Section. No work may commence until all approvals of the traffic plan have been secured. 15. GENERAL EQUIPMENT STIPULATIONS 15.1 General. All equipment furnished and installed under this contract shall conform to the general stipulations set forth in this section except as otherwise specified in other sections Coordination. Contractor shall coordinate all details of the equipment with other related parts of the Work, including verification that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or other characteristics from that contemplated in the Contract Drawings or Specifications Manufacturer's Experience. Unless specifically named in the Specifications, a manufacturer shall have furnished equipment of the type and size specified which has been in successful operation for not less than the past five years Workmanship and Materials. A. Supplier shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage or other failure. Materials shall be suitable for service conditions. B. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable Engineering and shop practice. Individual parts shall be manufactured to standard sizes and gauges so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. C. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be RPA SUPPLEMENTARY CONDITIONS Page 15

56 submerged, all or in part, during normal operation of the equipment shall be at least 1/4- inch thick Value Engineering. Manufacturer may submit for review and approval proposed modifications to the design, materials or arrangements specified. Request shall clearly state the advantages, cost savings or other reasons for the proposed change. Acceptance of any proposed changes will be the sole discretion of the Engineer as proscribed under the "or equal" and "substitute item" clauses of the General Conditions Seismic Loading Design Provisions. Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads for the Seismic Zone appropriate for the project location in addition to other loads. Design shall be performed by a licensed Professional Engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that equipment designs conform to all applicable Uniform Building Code requirements including provisions to withstand seismic loads Single Source. Like items of equipment shall be the end product of one manufacturer in order to achieve standardization Manufacturer's Representative. A. Where specified, manufacturer shall provide a Manufacturer's Representative as required to assist in the installation, adjustment, startup, certification and operational training. B. Manufacturer's Representative shall be an employee of manufacturer who is factory trained and knowledgeable in the technical aspects of the products and systems. C. When the services of the representative are specifically required for a listed time period, the days shall represent eight (8) hours straight time exclusive of Saturdays, Sundays and holidays. Travel time is considered incidental to the work and will not apply to the required listed time. D. If listed time is not required, or is modified, an appropriate adjustment in payment shall be made. E. If the provided Manufacturer's Representative is found deficient in training or experience by the Owner or Engineer, the manufacturer shall furnish another acceptable representative Certification of Compliance. A. Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. 1) Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. RPA SUPPLEMENTARY CONDITIONS Page 16

57 2) Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. 3) Furnish certification of compliance with each lot delivered to the job site and clearly identify the lot so certified. B. Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in place or not. C. Engineer reserves the right to refuse permission for use of products on the basis of a certification of compliance Manufacturer's Certification of Proper Installation. Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: A. The product or system has been installed in accordance with the manufacturer's recommendations. B. The product or system has been inspected by a manufacturer's authorized representative. C. The product or system has been serviced with the proper lubricants. D. Applicable safety equipment has been properly installed. E. Proper electrical and mechanical connections have been made. F. Proper adjustments have been made and the product or system is ready for functional testing, plant startup, and operation Functional Test Certification. Where a certification of functional testing is specified for certain equipment, Contractor (as applicable to the equipment furnished) shall state in writing that: A. Necessary hydraulic structures, pumps, valves, etc. have been successfully tested. B. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. C. Adjustments and calibrations have been made. D. The systems and subsystems are capable of performing their intended functions. E. The facilities are ready for performance testing, or for startup and intended operation, as applicable. RPA SUPPLEMENTARY CONDITIONS Page 17

58 15.12 Performance Test Reports. Prepare and submit performance test reports where specified for equipment systems Accessories. All equipment shall be provided with the following accessories as applicable. A. Safety Guards: All belt or chain drives, fan blades, couplings, and other moving or rotating parts shall be covered on all sides by a safety guard in complete accordance with the requirements of OSHA. Safety guards shall be fabricated from 16 USS gauge or heavier galvanized or aluminum-clad sheet steel or 1/2 inch mesh galvanized expanded metal. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. B. Anchor Bolts: Equipment manufacturers shall provide anchor bolt size, location and loads, including seismic loading. Anchor bolts will be provided by others, unless noted to be supplied by the equipment manufacturer in the Equipment Specifications. C. Lifting Lugs: Equipment weighing over 100 pounds shall be provided with lifting lugs. D. Identification Plates: A 16-gauge stainless steel piece of equipment identification plate shall be securely mounted on each in a readily visible location. The plate shall bear the 1/4-inch die-stamped equipment identification number indicated in this Specification and/or shown on the Drawings. E. Special Tools: Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools, instruments, and accessories required for proper maintenance. Equipment requiring special devices for lifting or handling shall be furnished complete with those devices. F. Spare Parts: Lubrication. 1) Furnish all spare parts specified or purchased prior to requesting the issuance of a Certificate of Completion and/or operation of the equipment by the Owner. 2) Spare parts and special tools shall be properly packaged to avoid damage, in their original cartons insofar as possible, and shall be stored in a location as determined by the Engineer. Any spare parts found to be damaged or otherwise inoperable at the time of delivery shall be replaced or, if approved by the Engineer, satisfactorily repaired. 3) Spare parts and special tools shall be labeled with a minimum 3-inch by 6-inch manila spare parts tag with such information as the part description, the manufacturer's part number, the applicable equipment description and manufacturer, the quantity of parts delivered in each package, the applicable specification section, and the Contractor's and Project's name. This tag shall be firmly affixed to, and prominently displayed on the outside of each package. RPA SUPPLEMENTARY CONDITIONS Page 18

59 A. Equipment shall be adequately lubricated by systems which require attention no more frequently than weekly during continuous operation. Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. B. Lubricants of the type recommended by the equipment manufacturer shall be provided in sufficient quantity to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Unless otherwise specified or permitted, the use of synthetic lubricants will not be acceptable. C. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenient collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal installed position. 16. BLASTING If explosives are necessary for excavation purposes, the Contractor must comply with all local, state and federal regulations governing the use of explosives and shall be responsible for obtaining any necessary blasting permits. The Contractor's use, transportation, handling, and storage of explosives for construction blasting shall be under the supervision and direction of a construction blaster licensed by the Montana Division of Workers' Compensation. A copy of the blasting license and the blaster's experience shall be submitted to the Engineer before any explosives are brought to the project area. It will be the blaster's responsibility to design and initiate blasting. The Contractor is responsible for ensuring compliance with all laws and regulations concerning explosives. The Contractor shall submit a copy of the blasting plan to the Engineer. This plan is for record and construction purposes and shall not relieve the Contractor from using proper blasting procedures. The plan shall include, at a minimum, the following items: Methods and equipment for transporting explosives and detonators. Type and location of storage facilities. Type and quantity of explosives. Primer assembly procedure and location. Employee training programs. Provisions for protecting persons, structures, private, and public property. Provisions for developing and distributing a daily blasting schedule. Provisions for disposal of explosives, blasting agents, and associated materials. Hours of proposed blasting. Additionally, the Contractor shall be bound by and adhere to the blasting requirements included in Section in the 2006 Edition of the Montana Department of Transportation Standard Specifications for Road and Bridge Construction, and all supplements thereto. RPA SUPPLEMENTARY CONDITIONS Page 19

60 Following blasting, the Contractor shall, at no additional cost to the Owner, regrade any surface damage or subsidence and repair any other damage that may have occurred due to the blasting including damage claimed by outside parties. The Contractor shall be required to obtain insurance required for the use of explosives and shall not commence work until such insurance has been submitted and approved by the Owner and the Engineer. The Contractor shall also submit written confirmation that all landowners and any other potentially-affected parties have been notified of the proposed blasting. No additional payment will be allowed for blasting or repair of any resultant damage. The Contractor assumes complete and absolute liability for any damage or injury caused by blasting, including any repairs needed or compensation awarded. The Contractor also agrees to hold harmless the Owner, the Engineer, and the landowner from any claims resulting from his blasting operations. 17. CONTRACT DOCUMENT DISCREPANCIES 17.1 In the event that any provision of one Contract Document conflicts with the provision of another Contract Document, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: Agreement Addenda to Contract Documents Performance and Labor & Materials Bonds Bid Proposal Bid Security Special Provisions Invitation to Bid Instructions to Bidders Drawings Technical Specifications RPA Supplementary Conditions General Conditions 18. PROJECT CLOSE-OUT 18.1 Once the Contractor has completed construction, a substantial completion inspection is held to assess any remaining or corrective work and permit close-out of the Contract. The following conditions must be met before the substantial completion inspection is scheduled: Work must be substantially complete and fit for its intended purpose. Contractor must file a Contractor's Certificate of Completion (form found under Miscellaneous Forms in Appendix A) requesting a substantial completion inspection by the Owner and Engineer Following the inspection, the Engineer prepares and signs a Certificate of Substantial Completion and attaches a list of any remaining or corrective work needed based on the inspection. The Certificate is sent to the Contractor, who must complete the listed work. After the Engineer verifies its completion, the construction is considered fully complete. The Owner may also wish to field-verify proper completion. RPA SUPPLEMENTARY CONDITIONS Page 20

61 18.3 Prior to final payment including release of retainage, the Contractor must furnish these items to the Engineer: Completed Affidavit on Behalf of Contractor (lien release) using the form provided in the Contract Documents under Miscellaneous Forms. Executed copies of any pending Change Orders or claims. The final Change Order shall reconcile bid quantities to reflect actual quantities for projects containing unit price items. Completed, revised and annotated record drawings and survey notes. Additional Copies of O&M manuals and warranties as specified. Final Payment Request for balance of Contract Price due. Completed Consent of Surety Company to Final Payment using the form provided in the Contract Documents under Miscellaneous Forms. Certification of Payment of Prevailing Wage Rates as/if required by agencies providing funding for the project. Upon receipt and approval of these items, the Engineer will recommend final payment. The retainage will be released with the final payment. 19. SYSTEM COMMISSIONING AND CLEANUP 19.1 Scope. This section covers the final preparations required to place the various components into operation Final Conditioning. Before final acceptance is made, the entire work shall be cleaned and conditioned. This shall consist of the following: A. Grease, oil, grit, dirt, grime, debris, and other foreign materials shall be removed; B. Nicks, scratches, voids, holidays, and other imperfections in painted surfaces shall be touch-up painted with matching paint; C. Chips, voids, cracks, and other imperfections in exposed concrete shall be repaired with methods and materials approved by the Engineer; D. Threaded fasteners shall be checked for tightness; E. Doors, windows, hatches, and other mating surfaces shall be adjusted to fit square in their respective framework; F. Driveways and parking areas shall be fine-graded; and G. Landscaping shall be fine-graded and re-established where necessary. RPA SUPPLEMENTARY CONDITIONS Page 21

62 19.3 System Demonstrations. A. The Contractor and his major manufacturers shall demonstrate the operation of each and every piece of equipment to the Engineer, Owner, and the Owner's operator. The Contractor shall demonstrate all maintenance requirements and reference the requirements of the Operations and Maintenance Manual for each piece of equipment. B. A plan for system start-up shall be submitted to the Engineer for approval, before the start-up will be allowed Removal of Construction Equipment, Tools, and Supplies. At the completion of this Contract, before acceptance of the work by the Owner, the Contractor shall remove all of his equipment, tools, and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools, and supplies, the Owner shall have the right to remove them at the Contractor's expense. 20. WARRANTY The contractor shall warranty all materials and equipment furnished and work performed for a period of one year from the date of substantial completion. The contractor warrants and guarantees for a period of one year from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event the contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the warranty period. In addition, the Contractor shall be required to attend a warranty inspection, approximately 11 months after substantial completion. The Owner and Engineer will also be present at this inspection. All components of the project will be inspected for defects in materials or workmanship. Any defects found shall be repaired by the Contractor as set forth in the previous paragraph. RPA SUPPLEMENTARY CONDITIONS Page 22

63 SECTION IV SPECIAL PROVISIONS

64 Intentionally Left Blank

65 SECTION IV SPECIAL PROVISIONS CONTENTS 1. Project Description 2. Site Inspection and Prebid Conference 3. Project Related Contacts 4. Contract Time and Liquidated Damages 5. Certificates of Insurance 6. Additional Insureds 7. Safety Standards 8. Payments to Contractor 9. General Construction Requirements 10. Engineering Interpretations 11. Disputes 12. Engineering, Inspections, and Testing 13. Construction Surveys by Contractor 14. Utilities 15. Site Access 16. Construction Facilities and Controls 17. Disposal of Used Water 18. Site Dewatering 19. Smoke and Dust Control 20. Water Pollution/Sediment Control 21. Sanitary Facilities 22. Use of Completed Portions 23. Record Drawings 24. OSHA Regulations 25. Contaminated Materials 26. Shoring New Digester 27. Soils Information 28. Owner Supplied Equipment 29. Electrical Service-WWTP 30. System Testing and Demonstration 31. Measurement and Payment 32. Permitting SPECIAL PROVISIONS Page 1

66 1. PROJECT DESCRIPTION The project consists of constructing several improvements to the Miles City Wastewater Treatment Facility. The Base Bid improvements include: installing a new entrance gate, constructing new solids handling building, constructing a new aerobic digester, modifying the existing aerobic digester, and modifying the chlorine contact basin to a UV disinfection system. Additive Alternate One includes constructing a new septage receiving station. 2. SITE INSPECTION AND PREBID CONFERENCE All Bidders should satisfy themselves as to the construction conditions by personal examination of the site of the proposed work and any other examination and investigation that they may desire to make as to the nature of the construction and the difficulties to be encountered. A prebid conference will be held on site. See Invitation To Bid in these Contract Documents for time and location. Those interested in bidding the project are encouraged to attend this meeting. 3. PROJECT RELATED CONTACTS Wherever in these Documents the word "Owner" appears, it shall be understood to mean the City of Miles City. Owner: City of Miles City 17 South 8 th Street Miles City, MT Allen Kelm, Public Utilities Director Telephone: (406) Wherever in these Documents the word "Engineer" appears, it shall be understood to mean Robert Peccia & Associates, Inc. The firm of Robert Peccia & Associates, Inc. has been duly authorized by the Owner as the Engineer for the engineering design, submittal review, and construction observation and will serve as the "Engineer" for those functions as related to this project. Engineer: Robert Peccia & Associates 825 Custer Avenue, P.O. Box 5653 Helena, MT Contact Person: Brad Koenig Telephone: (406) CONTRACT TIME AND LIQUIDATED DAMAGES 4.1 Contract Time: Contract time for this entire project is 240 Calendar Days. 4.2 Liquidated Damages: Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Contractor to SPECIAL PROVISIONS Page 2

67 complete the work within the specified contract time. Work will be considered complete once substantial completion has been accomplished and all subsequent punchlist items have been satisfactorily completed. A. The Bidder further agrees to pay liquidated damages for failure to complete the work within the specified contract time and for expenses incurred by the Owner for unscheduled employment of the Engineer during the contract time overrun. B. As compensation for non-use, the Contractor shall be assessed a liquidated damage of $ per calendar day for each day that the work remains uncompleted beyond the contract period for that particular Schedule. As compensation for expenses incurred for unscheduled employment of the Engineer, the Contractor shall be assessed an additional liquidated damage as outlined in the Supplementary Conditions. 5. CERTIFICATES OF INSURANCE The Contractor is responsible for providing the Owner with copies of Certificates of Insurance as discussed in Paragraph 5.03.A of the General Conditions. 5.1 Failure of Owner to demand such certificates or other evidence of full compliance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions, or failure of Owner to identify a deficiency from evidence provided, shall not be construed as a waiver of Contractor s obligations to maintain such insurance. 5.2 By requiring the insurance and insurance limits specified, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor s liability under the indemnities granted to Owner in the Contract Documents. 6. ADDITIONAL INSUREDS In accordance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions the following entities shall be included as additional insureds: OWNER: ENGINEER: ENGINEER S CONSULTANT: ENGINEER S CONSULTANT: City of Miles City, Montana Robert Peccia and Associates Beard Environmental and Technical Assistance SK Geotechnical Use the Additional Insured Endorsement CG 20,32 or equivalent acceptable to the Owner and Engineer. SPECIAL PROVISIONS Page 3

68 7. SAFETY STANDARDS The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of this contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the work does not include review or approval of the adequacy of the Contractor's safety program, safety supervisor, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the jobsites, safety equipment applicable to the work as prescribed by the aforementioned authorities, all articles necessary for giving first-aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the jobsite. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. In addition, the Contractor must promptly report in writing to the Owner and the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Owner and the Engineer, giving full details of the claim. The Contractor shall take all necessary provisions for safe handling of chemical amendments and potentially hazardous wastes, including apprising himself of hazards, developing safety plans, providing emergency and decontamination services, and developing spill containment procedures. 8. PAYMENTS TO CONTRACTOR 8.1 Scope. This section supersedes the sections of the General Conditions pertaining to payments to the Contractor, to be in compliance with MCA as amended on October 1, If an alternate billing, approval, and/or payment SPECIAL PROVISIONS Page 4

69 cycle is required for this project those provisions are discussed in the Instructions to Bidders section of these Contract Documents, and shall supersede this section on Payments to the Contractor. 8.2 Application for Partial and Final Payment. The Contractor shall prepare and submit four (4) copies of the Application for Payment on a monthly billing cycle. At the preconstruction conference it will be agreed upon which day of the month this application should be submitted so that it coincides with the Owner s billing approval and payment schedule. After the first partial payment request is submitted the Contractor shall submit their subsequent applications on the same date each month for the duration of the project. After the Contractor submits their Application for Payment the Owner will have twenty one (21) calendar days to review and approve payment for the entire amount of the request, or the undisputed portion of the request. During this same time period the Engineer will review the payment request and make recommendations to the Owner on the items which the Engineer feels are approved for payment, and which items are in dispute. Items which are in dispute will be documented in writing and provided to the Contractor for correction and resubmission on subsequent payment requests. The undisputed portion will be approved for payment, and will be paid within seven (7) calendar days after approval. Five percent (5%) of all partial payments will be withheld from payment until the completion of the project as discussed in the Measurement & Payment section of these Special Provisions. The Final Application for Payment, including release of the five percent (5%) retainage, may only be submitted after the Engineer has signed the Certificate of Substantial Completion and all punchlist items have been addressed as described in Supplementary Condition GENERAL CONSTRUCTION REQUIREMENTS 9.1 Quality Assurance. The Engineer will monitor the construction of work covered by this section to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or the means to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the Drawings and Specifications, and laws and regulations applicable to the work. All buried work items shall be installed in the presence of the Engineer or may not be considered for payment. 9.2 Grade and Alignment. The Engineer will provide benchmark elevations throughout the entire project area as necessary. The Contractor shall provide, with his own equipment, tools, material, and labor, all intermediate line and grade control necessary to install the work within the tolerances specified. The Contractor shall calibrate and maintain all line and grade control equipment, SPECIAL PROVISIONS Page 5

70 including transits, levels, lasers, and other equipment, periodically to assure their accuracy. 9.3 Tolerances. Construction tolerances for the work, shall be as outlined in the Technical Specifications. 9.4 Construction Limits. Where construction limits, or property lines, are not specifically called out on the Drawings, the limit shall be 20 feet, when measured from the centerline of the new pipe, or to the adjacent property line, whichever is less. Disturbance and equipment access beyond this limit is not allowed without the written approval of both the Engineer and the owner of the affected property. If so approved, disturbance beyond construction limits shall meet all requirements imposed by the landowner; this includes existing roads used and/or improved as well as the construction of new access roads. Special construction, reclamation, or post-construction road ripping or other closure provisions required by the landowner on access roads beyond the construction limits shall be performed by the Contractor at no additional cost to the Owner. 9.5 Areas of Disturbances. Approved areas of disturbance are those areas disturbed by construction activities within the construction limits and along designated or approved access routes. Such areas shall require reclamation and revegetation operations, including grading to the original contours, topsoiling with salvaged or imported topsoil, seeding, fertilizing, and mulching as specified herein. Other areas that are disturbed by the Contractor's activities outside of the limits noted above will be considered as site damage or unapproved areas of disturbance subject to the repair and replacement quality as specified herein. Such areas will also require the reclamation and revegetation operations noted above and as specified herein, but costs of such work shall be borne by the Contractor. This includes areas selected by the Contractor outside the defined construction limits for mobilization, offices, equipment, or material storage. The Contractor shall order sufficient materials to perform the required work for all areas of disturbance. The Owner will pay for the required revegetation work in all approved areas of disturbance. The Contractor will pay for the required revegetation work in all unapproved areas of disturbance. 10. ENGINEERING INTERPRETATIONS 10.1 Engineering Decisions: It is realized that timely engineering decisions on construction activities or results have an important bearing on the Contractor's schedule. On this project the Engineer will make every effort to have a Resident Project Representative (RPR) readily available to the project during the construction period, who has the authority to make judgment calls on matters dealing with interpretation of the plans and specifications, with the one SPECIAL PROVISIONS Page 6

71 qualification; that he shall have the right to take twenty-four (24) hours to confer with other Engineers before giving said decision When the decision affects a plan design or specification change, it should be realized that more time may be required than twenty-four (24) hours to gain the necessary Owner and funding source participation in the decision process including time for formal change order preparation as required. 11. DISPUTES 11.1 Scope. This section covers the procedures to be followed in the event any part of the work or any change thereto becomes disputed and agreement between the Contractor and the Owner cannot be reached. Arbitration of unresolved disputes is discussed in the General Conditions Notification. The Contractor shall give written notice to the Engineer indicating that he is not in agreement with certain aspects of the work. The Engineer may give the Contractor a written directive to proceed with the disputed work and to maintain complete and accurate records of the time and costs associated therewith Maintenance of Progress. Time is of the essence in completion of this project. The Contractor shall continue to actively execute all work that is not directly affected by the disputed work. When the Engineer gives the Contractor a written notice to proceed with the disputed work, the Contractor shall, without delay, issue a notice of protest and intent to claim and proceed with the disputed work. Failure of the Contractor to actively and effectively pursue the work shall be sufficient grounds for the Owner to terminate the services of the Contractor as provided in Section of the General Conditions except, however, that a 10-day notice of termination shall be given only once. Resumption of work by the contractor, after receiving notice of termination, will not reinstate the 10-day notice period; and the Owner may at any time after the 10-day period immediately take whatever action the Owner deems necessary to maintain the construction schedule, at the Contractor's expense. 12. ENGINEERING, INSPECTIONS, AND TESTING All work will be tested and inspected to insure compliance with the Contract Documents. Complete payment will not be made until the Contractor has demonstrated that the work is complete and has been performed as required. If the Engineer detects a discrepancy between the work and the requirements of the Contract Documents at any time, up to and including final inspection, such work will not be completely paid for until the Contractor has corrected the deficiency. The Engineer will monitor the construction of work to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or means to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work SPECIAL PROVISIONS Page 7

72 is installed in compliance with the Drawings and Specifications, and laws and regulations applicable to the work. Any discrepancies noted shall be brought to the Contractor's attention, who shall immediately correct the discrepancy. Failure of the Engineer to detect a discrepancy will not relieve the Contractor of his ultimate responsibility to perform the work as required. The Contractor shall inspect the work as it is being performed. Any deviation from the Contract requirements shall be immediately corrected. Prior to any scheduled inspection by the Engineer, the Contractor shall again inspect the work and certify to the Engineer that he has inspected the work and it meets the requirements of the Contract Documents. All buried work items shall be inspected by the Engineer prior to backfilling, or may not be considered for payment. The work will be subject to review by the Owner, whose findings shall be as valid as those of the Engineer. The results of all such observations shall be directed to the Contractor through the Engineer Testing and Inspection Services Provided by the Contractor. The Contractor shall provide the following services: SPECIAL PROVISIONS Page 8 a. Preparation and certification of all required shop drawings and submittals as described in the Supplementary Conditions. b. Tests as required by the Contract Documents which include, but are not limited to, pressure tests, and bacteria testing. All tests requiring the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent commercial testing laboratory acceptable to the Engineer. The laboratory shall be staffed with experienced technicians properly equipped, and fully qualified to perform the tests in accordance with the specified standards. c. Moisture-density curves of the different types of backfill and bedding material encountered or supplied. d. The Contractor shall arrange for and pay for an independent laboratory to take and break concrete test cylinders, slump, and air testing as called out in the Technical Specifications. e. The Contractor shall arrange for and pay for an independent laboratory to prepare a bituminous surfacing job-mix formula and to test for compaction and job-mix compliance during the paving operations as called out in the Technical Specifications. f. The Contractor shall provide the Engineer with a written schedule indicating dates for specific testing and inspection services to be performed. The schedule shall be updated as required to give the Engineer at least one week's advance notice. The Contractor shall notify the Engineer immediately of any change or shall be subject to pay engineering fees as herein defined.

73 g. Maintenance of project record drawings. h. The Contractor shall arrange for and pay for all tests required not specifically identified below as being performed by the Engineer Testing and Inspection Services Provided by the Owner. The Owner shall provide the following services at no cost to the Contractor except as required for retests as defined in the Contract Documents. a. The Engineer will spot check compaction of backfill and base course using Proctor information supplied by the Contractor. These tests are only to determine the effort required to obtain the specified compaction. It is the responsibility of the Contractor to insure that this level of compaction is constant in all locations. 13. CONSTRUCTION SURVEYS BY CONTRACTOR The Contractor will be responsible for all layout and construction staking utilizing the Engineer s existing control and coordinate data for street, sidewalks, monuments, manholes, and any other construction which requires surveying. Dimensions and elevations indicated in layout of work shall be verified by the Contractor. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. Existing Engineer Control: The Engineer has set survey control (horizontal and vertical) for use in the design and ultimately the construction of these improvements. A listing of the coordinates and vertical elevation for each of these control points is included in the Plans. From these control points the Contractor shall layout the work by establishing all lines and grades at the site necessary to construct the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the Contract Documents. Several of the Engineer s control points may have been disturbed or accidentally removed before contractor layout begins. The Contractor will be responsible for verifying the accuracy of all control points and laying out all critical project points with the remaining control points. The Contractor will be responsible for preserving and protecting the survey control until proper referencing by the Contractor has been completed. Any survey control obliterated, removed, or otherwise lost during construction will be replaced at the Contractor s expense. Any claims relating to survey location or construction staking accuracy must be supported by original control point data and verified in the field to the satisfaction of the Engineer. The Contractor will utilize the services of a Professional Land Surveyor, currently licensed in the State of Montana, for the construction staking for this project. Minimum project staking frequencies are as follows: a. Utility Mains: All utility mains shall be staked with offset hubs every 50 feet with SPECIAL PROVISIONS Page 9

74 cut/fill and station information clearly identified. In addition, all services, laterals, valves, hydrants, curb stops, manholes, drain inlets, area drains and caps (for both services and mains) shall be staked with offset hubs with cut/fill and station information clearly identified. b. Building Elements: All embanked surfaces (native onsite and imported gravel materials) shall be staked (with blue tops) at the building corners. Adequate staking shall be set to construct a square building. c. Roadway and Sidewalk Elements: All subgrade surfaces shall be staked (with blue tops) every 50 feet longitudinally. All base/subbase course gravel surfaces shall be staked (with blue tops) every 25 feet longitudinally. All curb and gutter shall be staked every 25 feet. When in cut or fill sections, exceeding 2 feet in depth from existing at centerline, slope staking shall be provided every 25 feet longitudinally. The Contractor will field verify the vertical elevation of all system manholes. The Contractor will not order manholes until the field verification of rim elevations and also exploratory excavations where specified, are complete and furnished to the Engineer for verification. Contractor shall be aware of property pins. Damage to these pins will require replacement of such by a registered land surveyor at no cost to the owner. The Contractor is responsible for the location and elevation of all the construction contemplated by the Contract Documents. The Contractor is responsible for documenting the location, color, and type of any pavement markings so markings can be reinstalled in existing locations. Prior to commencing work, the Contractor shall carefully compare and check all drawings, each with the other that in any way affects the location or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at his sole expense. For surveys necessary to determine the amount of progress payments, the Contractor will be required to furnish all personnel, equipment and material required to make such surveys as are necessary to determine the quantities of work performed or placed during the period covered by the progress payment. All original field notes, computations and other records taken by the Contractor for the purpose of quantity and progress surveys shall be furnished promptly to the Engineer and shall be used to the extent necessary in determining the proper amount of payment due to the Contractor. These field notes, computations and other records shall be neat and orderly. Field notes shall be complete and in a standard format approved by the Engineer. Unless waived, all quantity surveys made by the Contractor may be reviewed by the Engineer. No separate payment will be made for the work covered under this section of the Specifications and all costs in connection therewith shall be included in the price bid for related work items. SPECIAL PROVISIONS Page 10

75 14. UTILITIES The exact locations of existing underground utilities that may conflict with the work are not precisely known. It shall be the Contractor's responsibility to contact the owners of the respective utilities and arrange for field location services. The Contractor alone is responsible for coordinating the work with the utility owners. Any delay resulting from the utilities is the Contractor s responsibility and shall not be cause for an increase in contract time Notification. The Contractor shall contact, in writing, all public and private utility companies that may have utilities that may be encountered during excavation. The notification shall include the following information: * The nature of the work that the Contractor will be performing. * The time, date and location that the Contractor will be performing work that may conflict with the utility. * The nature of work that the utility will be required to perform such as moving a power pole, supporting a pole or underground cable, etc. * Requests for field location and identification of utilities. A copy of the letter of notification shall be provided to the Engineer. During the course of construction, the Contractor shall keep the utility companies notified of any change in schedule or nature of work that differs from the original notification Identification. All utilities that may conflict with the work shall be the Contractor's responsibility to locate before any excavation is performed. Field markings provided by the utilities shall be preserved by the Contractor until actual excavation commences. All utility locations on the Drawings should be considered approximate and should be verified in the field by the Contractor. The Contractor shall also be responsible for locating all utilities that are not located on the Drawings Removal or Relocation of Utilities. This section applies to electric power, gas, telephone and television utilities. Whenever there is a direct conflict between the work being performed and the utility, the Contractor shall be responsible to remove, relocate or temporarily support the utility during the course of construction. Any charges by the utility for removing, relocation or temporarily supporting the utility shall be paid for by the Contractor Public Utilities. Water, sewer, storm drainage, street lighting and other utilities owned and operated by the public entities shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted as required by the Contractor at the Contractor's expense. All such work shall be in accordance with these Specifications, or the Owner's Standard Specifications or written instructions when the work involved is not covered by these Specifications. SPECIAL PROVISIONS Page 11

76 14.5 Other Utilities. Utilities owned and operated by private individuals, railroads, school districts, associations, or other entities not covered in these Special Provisions shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted as required by the Contractor at the Contractor's expense. All work shall be in accordance with the utility owner's directions, or by methods recognized as being the standard of the industry when directions are not given by the owner of the utility Damage to Utilities and Private Property. The Contractor shall protect all utilities and private property and shall be solely responsible for any damage resulting from his construction activities. The Contractor shall hold the Owner and Engineer harmless from all actions resulting from his failure to properly protect utilities and private property. All damage to utilities shall be repaired at the Contractor's expense to the full satisfaction of the owner of the damaged utility or property. The Contractor shall provide the Owner with a letter from the owner of the damaged utility or property stating that it has been repaired to the utility owner's full satisfaction Water Mains and Services. All water mains and services exposed during construction shall be adequately supported and protected from freezing at all times. Sections of water mains shall not be valved off without first giving the Owner sufficient notification and receiving authorization from the Engineer. Unless otherwise permitted in writing by the Owner, water mains and services shall not be shut off for more than 3 hours. All affected water service customers shall be notified by the Contractor in advance of any interruption of service. Whenever a water main or service is damaged as a result of the Contractor's operations, the Contractor shall take immediate steps to repair the damage and disinfect all water mains and services contaminated as a result of the damage. Existing water services from the mains to private property which interferes with trenching operations may be cut and replaced at the Contractor's option and expense provided the requirements for notification, length of interruption, and disinfection specified above are adhered to Maintenance of Flows. Adequate provisions shall be made for maintaining the flow of sewers, drains, and water courses encountered during construction. Culverts, ditches, fences, crosswalks, and structures which are disturbed by this construction shall be satisfactorily restored to their original condition upon completion of the work Structures. The Contractor shall exercise every precaution to prevent damage to existing buildings or structures in the vicinity of his work. In the event of such damages, he shall repair them to the satisfaction of the owner of the damaged structure at no cost to the Owner. SPECIAL PROVISIONS Page 12

77 14.10 Overhead Utilities. The Contractor shall use extreme caution to avoid a conflict, contact, or damage to overhead utilities, such as power lines, street lights, telephone lines, television lines, poles, or other appurtenances during the course of construction of this project Buried Gas and Petroleum Lines. The Contractor shall provide some means of overhead support for buried gas and petroleum lines exposed during trenching to prevent rupture in case of trench caving Pavement Removal. Where trench excavation or structure excavation requires the removal of curb and gutter, concrete sidewalks, or asphaltic or concrete pavement, the pavement or concrete shall be cut in a straight line parallel to the edge of the excavation by use of a spade-bitted air hammer, concrete saw, colter wheel, or similar approved equipment to obtain a straight, square clean break. Pavement cuts shall be 2 feet wider than the actual trench opening as indicated in the Drawings Survey Markers and Monuments. The Contractor shall use every care and precaution to protect and not disturb any survey marker or monuments, such as those that might be located at lot or block corners, property pins, intersection of street monuments or addition line demarcation. Such protection shall include markings with flagged high lath and close supervision. No monuments shall be disturbed without prior approval of the Engineer. Any survey marker or monument that is disturbed by the Contractor during the construction of the project shall be replaced at no cost to the Owner by a licensed professional land surveyor. 15. SITE ACCESS Site access is shown on the Construction Drawings. The Contractor shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. The Contractor shall comply with all reasonable instructions of the Owner s representative and the ordinances and codes of government agencies regarding signs, traffic, fires, explosives, danger signals and barricades. 16. CONSTRUCTION FACILITIES AND CONTROLS 16.1 Temporary Utilities. The Contractor shall provide all temporary electrical, lighting, telephone, heating, cooling, ventilating, water, sanitary, first aid, fire protection, and other utilities and services necessary for the performance of the work. All fees, charges, and other costs associated therewith shall be paid for by the Contractor Barriers. * The Contractor shall temporarily remove all signs, fences, barricades, minor structures, and other obstructions that interfere with the prosecution of the work. Removal shall not extend beyond designated construction SPECIAL PROVISIONS Page 13

78 limits or rights-of-way without first obtaining written authorization from the owner of the barrier. * Fences and barricades used for the confinement or exclusion of livestock, animals, or persons shall be replaced at the end of each work day to the extent necessary to perform the restrictive intent of the barrier. * Unless otherwise directed by the Engineer or indicated on the Drawings, all barriers so removed shall be replaced following the completion of the work to as good or better condition than existed prior to the start of work. This requirement applies to small trees and decorative shrubs as well as signs, fences, barricades, and minor structures. * The Contractor shall replace at his own expense all barriers damaged or destroyed Security. The Contractor shall provide all security measures necessary to assure the protection of his plant and equipment, products and materials in storage, completed work, and the project in general Temporary Controls. The Contractor is reminded state, federal, and local laws and regulations require the Contractor to provide controls to limit or prevent nuisance and pollutive work methods and procedures. 17. DISPOSAL OF USED WATER Site dewatering, if required, shall consist of that dewatering necessary to construct the work as specified, including all excavation and embankment. The Contractor shall submit a plan for dewatering to the Engineer, but this plan is for informational purposes only. The Contractor is responsible for determining the appropriate method of dewatering and analyzing whether any dewatering will affect existing utilities, structures or buildings. The Contractor shall also be responsible for obtaining the necessary permits for discharge of the dewatering operations. 18. SITE DEWATERING Site dewatering is anticipated. Site dewatering shall consist of that dewatering necessary to construct the work as specified, including all excavation and embankment. The Contractor shall submit a plan for dewatering to the Engineer. The Contractor shall also be responsible for obtaining the necessary permits for discharge of the dewatering operations. 19. SMOKE AND DUST CONTROL The Contractor shall have informed himself of all applicable State Board of Health requirements and similar state or federal requirements pertaining to control of or abatement of air pollution. He shall have provided or be prepared to provide such air pollution control measures as are required to comply with the minimum standards established by such agencies. SPECIAL PROVISIONS Page 14

79 Hauling of material and transport of equipment along public roadways or through the towns and adjacent other structures and dwellings shall require effective dust abatement procedures. This also applies to the unloading and placement of spoils material at deposition sites. The Contractor shall utilize environmentally sound methods for watering and/or otherwise chemically treating dust generating surfaces to comply with all applicable legal standards for airborne particulates. Prior to any work, the Contractor shall submit a written plan for dust abatement procedures identifying at a minimum the following: * Times and nature of dust generating activity on public roads and at deposition sites. * Nature and chemical characterization of dust abatement materials to be used. * Method of application of dust abatement materials to be used. * Time schedule for application of dust abatement materials to be used. * Availability of equipment and operators for emergency application of dust abatement materials at other than scheduled times. Watering for dust control is considered incidental to the Contract and shall be performed at no additional cost to the Owner. 20. WATER POLLUTION / SEDIMENT CONTROL The Contractor shall comply with all laws and regulations of the Montana Department of Environmental Quality and with all other federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Sediment control provisions shall be used whenever work is conducted adjacent to drainages or watercourses to control silt in runoff. Adequate silt barriers or sediment traps shall be used to comply with statutory requirements for all stream-side work, both during and after working hours. Measures used may include staked straw bales, sediment ponds, and/or staked silt fence (Mirafi "Enviro-Fence", or equal). Sediment control measures shall be considered incidental to the Work, and no separate payment for them will be allowed. The Contractor will be solely responsible for the selection and implementation of sediment control measures to assure permit and statutory compliance. 21. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for all workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of state and local governments. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. Costs for furnishing, installing, and maintaining sanitary facilities shall be considered incidental to other items of work, and no additional compensation will be allowed. 22. USE OF COMPLETED PORTIONS SPECIAL PROVISIONS Page 15

80 The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the completion of incomplete work or causes refinishing of completed work, the Contractor shall be entitled to such extra compensation or extension of time or both, as agreed by the Owner. 23. RECORD DRAWINGS 23.1 The Contractor s Superintendent shall maintain at the project site, a Record Set of Drawings showing field changes, as-built elevations, unusual conditions encountered during construction, and such other data as required to provide the Owner with an accurate as constructed set of record drawings. The Contractor shall furnish the Record Set to the Engineer following the Final Inspection of the Project The Contractor s final estimate and final payment will not be processed until the Record Set of drawings are received and approved by the Engineer. 24. OSHA REGULATIONS The Contractor will be required to comply with current Occupational Safety and Health Administration Construction Standards for Excavations. Any conflicting information between OSHA documents and these Contract Documents shall be revised so that the OSHA document requirements supersede and take precedence over all other conflicting information. The Contractor shall be required to obtain copies of the OSHA document and to complete a review of the same to avoid misinterpretation of their regulations. Hazardous Atmospheres: The Contractor shall prevent employee exposure to potentially harmful levels of contaminants and assure acceptable OSHA worker safety procedures are implemented. 25. CONTAMINATED MATERIALS 1. General: If contaminants are encountered, Contractor shall provide notice to the Owner, Engineer and the Montana Department of Environmental Quality (MDEQ). 2. Procedures at Soil Contaminant Sites: Since the scope of the project is not designated as cleanup, any contaminated soil material shall be separated during the excavation process from non-contaminated soil material, temporarily stored and protected on the site, and then returned to the trench for use as backfill material. Measures shall be taken to address the following requirements: a. Contractor shall comply with all applicable OSHA regulations to protect the health and safety of their employees from known or suspected hazards in the Work environment. For a Contractor working near any discovered or identified contaminant areas during the process of the Work, Contractor shall SPECIAL PROVISIONS Page 16

81 be required to demonstrate employee training similar to the requirements of 29 CFR (e)(3) for routine and non-routine site employees on a hazardous waste site. Contractor shall be required to properly secure the site to protect and prevent exposure of the general public to the contaminated materials. b. The pipe materials shall be stored, handled and installed to prevent contact with any contaminants and where directed by Engineer, prevent migration of the contaminants from the area. c. The temporary site storage of metals contaminated soils and materials shall require securing the material from access by all unauthorized parties. The material shall be covered and provisions made to prevent migration of the contaminants from the source material by rainstorms or other events. The material shall be placed either on an impervious liner material, or on the asphalt street surface. The material shall not be mixed with non-contaminated materials in as much as is practicable. d. Excavated materials to be returned as backfill shall be replaced in close proximity to the site of origin from the trenches. All work related to providing training personnel and to the handling of contaminated soils as per these specifications shall be done as incidental Work and no separate payment shall be made. 3. When contaminants other than metals contaminated soils are encountered during the project (such as hazardous substances or wastes), the situation will be addressed by the Owner, Engineer and Regulatory Agencies at the time of discovery. 26. SHORING NEW AEROBIC DIGESTER Shoring is anticipated for construction of the new Aerobic Digester. Refer to Technical Specifications. 27. SOILS INFORMATION Soils information for this project was obtained by SK Geotechnical. The soil boring locations and evaluation are included in the Construction Drawings. 28. OWNER SUPPLIED EQUIPMENT The City of Miles City is providing some of the process equipment for the Miles City Wastewater Improvements Phase II project (provided under separate contract). This equipment has been included in the Technical Specifications for Reference Only in Sections: Liquid Polymer Blending System, Reciprocating Positive Displacement Pumps, Positive Displacement Membrane Blowers, Low Pressure Screw Compressor, Ultraviolet Disinfection Equipment, Volute Dewatering Press Package, Aerobic Digestion and Sludge Thickening Equipment Package, Dewatered Sludge Shaftless Screw Conveyor. The equipment has also been color coded in the Construction Drawings in the following color sequence: SPECIAL PROVISIONS Page 17

82 Blue Corresponds to Section manufactured by Ovivo USA, LLC o Contact: Bryen Woo (512) bryen.woo@ovivowater.com Green corresponds to Sections 11080, 11256, 11550, and manufactured by Process Wastewater Technologies, LLC. o Contact: Ben Lewis, Ambient H2O (406) blewis@ambienteh2o.com Red corresponds to Sections and manufactured by Universal Blower Pac, Inc. o Contact: Andy Frey (317) afrey@universalblowerpac.com Yellow corresponds to Section manufactured by Trojan Technologies. o Contact: Ryan Miltenburg (519) rmiltenburg@trojanuv.com The Contractor will be responsible for the installation these items. The Contractor will also coordinate startup with the equipment manufacturer for these items. The Contractor will provide and install all other equipment not specified in the above technical specifications. The owner supplied process equipment has been bid and awarded to the above manufacturers. The equipment manufacturers have a latest expected delivery of October 15, Submittals are expected to be received by end of May Submittals will be available to the Contractor upon approval. 29. ELECTRICAL SERVICE WWTP A new (upgraded) 277/480V, 3-phase, wye-connected 2,000A underground electrical service for the Miles City Wastewater Treatment Plant will be provided by Montana Dakota Utility (MDU). Contact Ron Hurr, MDU Electrical Supervisor for Miles City area (ph: 406/ ). New electrical service will be provided through a new 750 kva pad-mounted transformer and single meter. This will replace the existing smaller pad-mounted transformer, and existing separately metered 800A and 225A services. That service will be decommissioned when no longer needed. Electrical service to the new UV Building (200A) and the new Solids Handling Building (1200A) will be fed from the new main service Disconnect Cabinet to be installed outside the existing Control Building. Service to these two new buildings, as shown on the Drawings, will be the sole responsibility of the Contractor without participation by MDU. The formal serviced application filing, initial scheduling, and any costs from MDU for new electrical service to the WWTP will be paid for by the Owner. To facilitate the Owner s scheduling, the Contractor shall notify the Owner in writing within 10 days following issuance of the Contract Notice to Proceed of his/her desired date for availability of completed new electrical service. SPECIAL PROVISIONS Page 18

83 The Contractor shall interface with MDU s activities for availability of new electrical service and equipment going to/on the new Contractor-installed transformer pad, CT cabinet and meter socket. The Contractor shall coordinate with both the Owner and MDU for scheduling of permanent abandonment of the plant s existing electrical service and energization of the new service, given the need to maintain operation of the wastewater treatment process and equipment in compliance with effluent treatment standards required in the Owner s MPDES Discharge Permit conditions. At least 90 days prior to transfer of electrical service from existing to new entrance equipment, the Contractor shall provide a written Electrical Service Transfer and Sustained WWTP Operations Plan and Schedule in accordance with the requirements for Submittal Review. That Plan/Schedule shall address the scheduling and duration of any necessary power outage(s) to the plant, and will be subject to concurrence by the Owner, MDU, and the Engineer. No extra payment will be allowed to the Contractor for electrical service coordination, and no extension to the Contract Time will be allowed due to MDU s internal scheduling in installing new electrical service equipment. The Contractor is reminded to consult the Montana Dakota Utility Company s Electric Service Rules & Regulations booklet (Feb. 8, 2008), available from MDU, for further information on service entrance construction requirements and responsibilities. Standard MDU drawings for the transformer pad and CT cabinet are included in Specification Service Entrance. New electrical service components and the parties responsible for same are generally summarized as follows: Electrical Service Component Underground electrical line to new plant transformer Transformer concrete pad Transformer CT cabinet, landing lugs, terminal connections, and meter socket Responsible Party Conductors, conduit, utility pole drop, trenching, and installation, including connection from grid supply and routing to and connection at new transformer at building by MDU. Conduit and secondary wire from transformer to CT landing lugs supplied by Contractor. By Contractor (construction and location per MDU requirements see MDU Standard Drawings in Specification Section Service Entrance). Provided and set by MDU. By Contractor (per MDU requirements). SPECIAL PROVISIONS Page 19

84 New Disconnect Cabinet U.G. Conductors to New Disconnect Cabinet Electrical meter By Contractor (see Drawings). By Contractor (per MDU requirements). Provided and set by MDU. 30. SYSTEM TESTING AND DEMONSTRATION Functional and Performance Tests as described below are required for all completed fine screening, aeration, dewatering, pumping, chemical delivery, disinfection, control, access and surveillance systems. This includes but is not limited to fine screening; digester aeration; digester membrane filtration; sludge dewatering press and auger; polymer system; UV disinfection equipment and emergency power; septage station and septage pumps; Solids Handling Building water booster pumps; photo-cell-controlled lighting; timer- or thermostat-controlled HVAC equipment; plant access gate; and CCTV surveillance system. In conjunction with testing and demonstration of these systems, all VFD-driven equipment shall be run through its full range of expected operating speeds the Contractor shall provide and use a signal generator when the regular process signal may not be available. Other ancillary control systems to be tested and demonstrated include level and pressure transmitters, switches and controllers; valve actuators; ph, DO and TSS sensors; flow meters and transmitters; and all alarm functions. System testing and demonstration requirements are in additional to requirements for Manufacturers Field Services, as specified in individual equipment Specifications. A. Field Functional Test: SPECIAL PROVISIONS Page Prior to startup, all equipment shall be inspected for proper alignment, quiet operation, proper connection, and satisfactory performance by means of a field Functional Test. 2. Functional testing may be conducted concurrently with the Manufacturers Field Services specified in the respective control and pump equipment sections of these Specifications. Manufacturer s Field Services shall nonetheless meet both the topical and time requirements specified therein, excluding any delays caused by Functional Test problems or failures. 3. Prior to the Performance Test, all supporting control, monitoring, alarm, and flow delivery systems shall be in place, tested, and functional. The Functional Test shall be satisfactorily passed to the satisfaction of the Owner and the Engineer, before proceeding to the Performance Test,

85 below. B. Field Performance Test: 1. Ahead of performance testing, the Contractor shall provide a written Performance Testing Plan(s) for each sub-system, indicating methods to be used and step-by-step tests to be conducted, along with the proposed time and date for testing. 2. Field Performance Tests shall be performed individually on: a. Solids Handling Building fine screening including controls and alarms; b. Digester Aeration including ph-do-tss and level controls; c. Digester membrane filtration and cleaning including back-pulsing and level controls; d. Sludge Dewatering Press including feed pumps, polymer deliverymixing-flocculation, and auger operation/controls; e. UV Disinfection equipment; f. UV Disinfection Building emergency power generator including automatic transfer switch; g. Septage Unloading Station (Bid Additive Alternate 1); h. Septage Pumps including controls (Bid Additive Alternate 1); i. Solids Handling Building water booster pumps; j. Plant access gate including keypad and phone-authorized entry; k. Photo-cell-controlled light fixtures; l. HVAC systems including timer and thermostat controls; and m. CCTV surveillance system including recorder and video monitor. In addition, pumps and blowers shall be tested individually for output with data recorded as follows: n. Flow, as measured by external flow meters; o. Discharge pressure simultaneously measured by external discharge pressure gauges; and p. Continuous recording of pumping sump levels during testing (liquids only). All tests shall demonstrate full compliance with the specified performance. 3. Field Performance Tests of each pump system shall be of a minimum duration of 4.0 hours or until at least (4) full (automatic) pump cycles between low and high setpoints have occurred, whichever is longer.. Pump sets with automatic alternation or automatic shutdown (due to abnormal pressure or level) shall also be tested for successfully demonstration of those respective functions. Sump level pump enable signals from float switch controls shall also be successfully demonstrated both in enable and shutdown modes. SPECIAL PROVISIONS Page 21

86 SPECIAL PROVISIONS Page All VFD-driven equipment shall be demonstrated and tested over their full low to high RPM range 5. High and low alarm functions, and leak detection alarm functions shall be successfully tested and demonstrated. 6. Field Performance Testing Media: a. Testing of new Digester aeration and control system may utilize treated waste activated sludge from the existing solids handling process, subject to availability and Owner permission. b. Testing of new UV Disinfection systems may utilize treated secondary effluent from the existing liquid treatment process, subject to availability and Owner permission. The Contractor shall be responsible for any temporary conveyance facilities needed to deliver treated effluent to the new facilities for testing, and for coordination and scheduling with the Owner for this water. c. Where the Contractor needs municipal water for testing of potable water systems, the Contractor may also be required to provide a portable flow meter and backflow prevention, and reimburse the Owner at its prescribed water rates for any municipal water use. d. Disposal of used testing water shall be subject to the Owner s MPDES Permit effluent limits, and may require the Contractor to transport flow back to the secondary process if water quality (or scheduling) is not suitable for discharge to the City s receiving watercourse. Disposal of liquid waste activated sludge used for testing may require return to the plant solids handling process. Disposal of dewatered sludge used for testing may require transport to a regulatory-complaint off-site repository. Transfer and disposal of all liquid or solids test media shall be subject to the Owner s permission and approval. The Contractor assumes all financial and legal liabilities for any discharge during testing that violates MPDES Permit, 503 Regulations, or other statutory environmental limits. 7. If any Field Performance Tests fail or do not achieve the functionality and operating criteria shown and specified, the Contractor shall correct deficiencies and repeat the Performance Test until successful. 8. After successful Field Performance Testing of new processes and equipment to the satisfaction of the Owner and the Engineer, the Contractor may proceed with full commissioning of those processes and

87 equipment. At that time, with the concurrence of the Owner, on-line diversion of secondary wastewater effluent to the new UV Disinfection facility and diversion of waste activated sludge to the new Solids Handling Building can occur, subject to completion and satisfactory testing of all new permanent conveyance systems. B. Testing Certifications: The following shall be provided: 1. Manufacturer's Certification of proper installation and successful performance test for each process, pump, and control system. 2. Field Functional Test reports, including test data. 3. Performance Test reports, including test data. 31. MEASUREMENT & PAYMENT 30.1 Scope. This section describes the method of measurements and basis of payment for all work covered by the Contract Documents. For the purposes of this Contract, this Measurement and Payment Section shall govern and take precedence over all other references to measurement and payment (with exception to any addenda) referenced in these specifications Bid Prices. A. The bid price for each item of the Contract in the Bid Proposal shall cover all work shown on the Drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances; providing all required construction support plants, equipment, and tools; constructing and maintaining dewatering systems; and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and/or lump sum prices bid in the Bid Proposal. The amounts shown on the Bid Proposal shall be the contract price. B. No item that is required by the Contract Documents for the proper and successful completion of the work will be paid for outside of or in addition to the prices submitted in the Bid Proposal. All work not specifically set forth as a pay item in the Bid Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid Retainage. Retainage in the amount of 5% will be withheld from each progress payment. SPECIAL PROVISIONS Page 23

88 30.4 Estimated Quantities. Any estimated quantities stipulated in the Bid Proposal or other Contract Documents are approximate and are to be used; (1) only as a basis for estimating the probable cost of the work and (2) for the purpose of comparing the bids submitted for the work Incidentals. The following measurement and payment sections do not necessarily name all the incidental items required by the Contract Documents to complete the work. The cost of all such incidentals shall be included in the various related bid items. Final payment will not be made until the work is complete and accepted by the Owner Method of Measurement. A. No measurement of items contained in this Contract will be made on items representing a lump sum bid. B. Measurement of items contained in this Contract will be made on the number of items represented by each unit installed and described in further detail in the payment section Basis of Payment. A) Mobilization, Bonding & Submittals (May Not Exceed 5% of Total Base Bid or Total Additive Alternate Bid): General: This bid item shall include mobilization, bonding, insurance, & permitting. Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; Transport and set up all equipment, materials and other items needed to complete the project; All permits, coordination and compliance inspections required for work; Bonding and Insurance; Provide all submittals, the construction schedule, and other paperwork required prior to construction start up. Measurement: Measurement for mobilization, bonding & submittals shall be one lump sum (LS) item. Payment: Payment shall be by the lump sum (LS) item listed on the Proposal. Partial payment of this bid item will be allowed once the Contractor is fully mobilized and bond and insurance certificates have been submitted and approved; Final Payment on this item will not be allowed until all submittals have been received, thereon 100% payment will be allowed. This bid item may not exceed five percent (5%) of the total bid. B) Site Work SPECIAL PROVISIONS Page 24

89 General: This bid item shall include the site work associated with the all construction of the Miles City Wastewater Phase II. This includes the majority of the work outside of the building s footprints as shown in the Drawings and as stipulated in the construction documents. This item excludes the buried excludes all buried process piping Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work a specified; Provide all equipment, tools and materials for conducting all testing, and repairs required; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Provide sediment control and dust control measures as necessary; All excavation necessary to construct the Solids Handling Building, UV Building, Septage Receiving Station, Aerobic Digester, access roads, and Modify the existing Aerobic Digester including clearing and grubbing, topsoil stripping and replacement, structural excavation, shoring, structural backfill, and gradation and compaction tests specified herein; All necessary dewatering and disposal of water; All landscaping, re-vegetation, and surfacing; Modification of existing underground sprinkler system if necessary; Removal and disposal of spoils from the new digester and buildings excavation; Provide and install new automatic entrance gate including removal of existing fencing and construction of new fencing as shown in the plans; Installation of concrete sidewalks, concrete pads, and concrete aprons outside of the footprint of the structure. This includes all formwork and specified concrete testing; All site grading; Pavement removal and replacement; Gravel surfacing; Installation of gravel access roads; Installation of pipe bollards; Installation of culvert extension; Construction of septage truck unloading ramp and drainage system; Topsoil removal and replacement; Surface restoration; Site cleanup and demobilization; Measurement. Measurement shall be one lump sum bid item. Payment. Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. C) Buried Process Piping General: This bid item shall include the installation of all buried process piping. This piping includes: Water Piping, Non-Potable Water Piping, Permeate Piping, Air SPECIAL PROVISIONS Page 25

90 Piping, Waste Activated Sludge Piping, Thickened Waste Activated Sludge Piping, Filtrate Piping, Solids Handling Building Sanitary Service, over flow piping and Septage Receiving Piping. Work Included: All labor, tools, equipment, material, royalties and incidentals necessary to complete the work as specified; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Trench excavation and backfill, any dewatering required, clearing and grubbing, topsoil stripping and replacement, trench support by shoring, and gradation and compaction testing specified; Provide shoring as needed; Furnish and install Type 1 and Type 2 bedding material; Exploratory excavation work necessary to locate existing piping and conduits; Furnish and install all piping, couplers, fittings, frost free hydrants and other appurtenances; Removal and dispose of any excess material generated by excavation and installation; Modify existing drying bed drain manhole; Provide any bypass pumping necessary to make piping connections; Coordinate service interruption with the City prior to any disruption of existing piping systems Remove and dispose of asbestos pipe, if encountered, install new pipe, includes all costs of complying with local, state and federal regulations for the removal, transport and disposal of asbestos materials; Acceptance testing as required and associated fittings not shown on the plans; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. D) Solids Handling Building Structure General: This bid item shall include the construction of the Solids Handling Building Structure. Work Included: All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Provide all equipment, materials and tools necessary for conducting all testing, cleaning and repairs required; All formwork and false-work necessary to construct the Solids Handling Building; Install concrete footings, walls, and floor slabs including all finish work and form removal; Installation of all signs as shown in the drawings or specified; SPECIAL PROVISIONS Page 26

91 Install wall systems as shown in the drawings and specified; Install floor, ceiling, and roofing systems as shown in the drawings and as specified; Installation of CMU block walls and openings as shown in the drawings and as necessary to complete the work; Installation of steel beams and railings as shown in the drawings and as specified; All painting as specified; Installation of floor openings for pipe and electrical conduits as shown in the drawings and as specified; Installation of all concrete equipment pads where shown in the drawings, specified, or recommended by equipment manufacturers; Installation of rain gutters where shown in the drawings and as specified; Installation of doors, window, and finish hardware where shown in the drawings and as specified; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. E) Aerobic Digester Structural General: This bid item shall include the construction of the New Aerobic Digester Structure and modify the existing digester. Work Included: All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Provide all equipment, materials and tools necessary for conducting all testing, cleaning and repairs required; All formwork and false-work necessary to construct the Aerobic Digester; All shoring and underpinning as needed; Install concrete footings, walls, and floor slabs including all finish work and form removal; Installation of all signs as shown in the drawings or specified; Install wall systems as shown in the drawings and specified; All painting as specified; Installation of all wall openings for pipe and electrical conduits as shown in the drawings and as specified Installation of railings as shown in the drawings and as specified; Installation of water stops as show in the drawings and as specified; Installation of all concrete equipment pads where shown in the drawings, specified, or recommended by equipment manufacturers; Installation of all pipe penetrations; Demolition of existing Digester 1 as shown in the drawings; Measurement: Measurement shall be one lump sum bid item. SPECIAL PROVISIONS Page 27

92 Payment: Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. F) UV Building Structure General: This bid item shall include the construction of the UV Building Structure and modification of existing Chlorine Contact Basin. Work Included: All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Provide all equipment, materials and tools necessary for conducting all testing, cleaning and repairs required; All formwork and false-work necessary to construct the Solids Handling Building; All demolition and modification of existing Chlorine Contact Basin as shown in the drawings Install concrete footings, walls, and floor slabs including all finish work and form removal; Install all grating as shown in the drawing and specified; Installation of all signs as shown in the drawings or specified; Install wall systems as shown in the drawings and specified; Install floor, ceiling, and roofing systems as shown in the drawings and as specified; Installation of CMU block walls and openings as shown in the drawings and as necessary to complete the work; Installation of steel beams and railings as shown in the drawings and as specified; All painting as specified; Installation of floor openings for pipe and electrical conduits as shown in the drawings and as specified; Installation of all concrete equipment pads where shown in the drawings, specified, or recommended by equipment manufacturers; Installation of rain gutters where shown in the drawings and as specified; Installation of doors, windows, and finish hardware where shown in the drawings and as specified; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. G) Mechanical General: This bid item shall include the exposed process piping, process equipment and plumbing system as shown on the Drawings. Work Included: All labor, tools, equipment, material, royalties and incidentals necessary to complete the work as specified; SPECIAL PROVISIONS Page 28

93 The constructions drawings are marked with equipment provided by the owner, the contractor will be responsible for this for installation of this equipment only. The contractor will provide and install all equipment and materials not marked in the construction drawings. Provide all utility locates, surveys, intermediate stakes and grade control necessary; Solids Handling Building and UV Building plumbing system and drainage system; Installation of dewatering press, thickened was pumps, polymer units; Installation of blowers, air bridges, and aeration equipment; Installation of fine screens, membranes, permeate pumps, and membrane thickening appurtenances; Installation of UV equipment; Provide and install all above ground piping for the Solids Handling Building, Aerobic Digesters, and the existing UV Building; Provide and install all plumbing including drainage plumbing, booster pumps, toilet, vanities, water heater, and necessary fittings; Provide and install all slide gates and appurtenances in the UV building; Provide and install automatic sampler in UV Building; Provide and install any fasteners necessary to install equipment not provided by equipment manufacturers; All testing of piping and equipment described in this section; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit bid price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. H) Electrical General: This bid item shall include all of the electrical work included in the drawings or as required for the system to function as specified or as recommended by equipment manufacturers. Work Included: All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; All excavation, labor and materials necessary to install buried conduits including all backfill and spoils removal; All work necessary to erect and install outdoor light standards, and Closed Circuit TV Cameras as shown in the drawings; Provide and install the cable tray system as shown in drawings and as specified; Provide and install the motor control center, wiring, panel boards, enclosures, light fixtures, switches, and wiring devices as shown in the drawings; Provide wiring to all mechanical and HVAC equipment as shown in the drawings or as required by the manufacturer; Provide and install VFD s as specified; Wire manufacturer provided control panels for equipment as recommended by equipment manufacturers; SPECIAL PROVISIONS Page 29

94 Provide and install interposing relays and devices as required for a functional control system; Provide and install process controllers and control panels which are not provided by equipment manufacturers; Provide and install ultrasonic in parshall flume; Provide and install of floats, ultrasonics, and DO, ph, and TSS probes in new and existing aerobic digesters; Provide and install new flowmeters, and chart recorder for existing Waste Activated Sludge and Recycled Activate Sludge piping; Provide and install new ultrasonic for existing Control Building Lift Station; All work and coordination with Montana Dakota Utilities as necessary to provide and new electrical service to the Solids Handling and UV Buildings as specified; Site cleanup and demobilization Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit price for the lump sum bid item. Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. I) HVAC General: This bid item shall include ventilation system, AC system, and unit heaters and radiant heaters as shown on the Construction Drawings. Work Included: All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Provide and install ventilation system including all duct work, ventilation equipment, and supports,; Provide and install all piping, unit heaters, thermostats, and support system; Provide and install convection heaters, thermostats, and mounting kits; Provide and install radiant heating system, controller, and mounting kits; Provide all testing and start-up, of HVAC systems as specified; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit price for the lump sum bid item Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. J) Additive Alternate One-Septage Receiving Station General: This item shall include work required to construct a new septage receiving station and to complete all work in Additive Alternate One as shown in the Contract Drawings. Work Included: SPECIAL PROVISIONS Page 30

95 All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Provide and install package septage receiving station; Installation of all concrete pads and surfacing as shown in the drawings; Provide and install trench drain; Provide and install coarse screen; Provide and install septage storage tank; Provide and install all septage, drain and non-potable water piping including all fitting and frost free hydrants; All site work including grading, seeding, mulching, fertilizing and site cleanup necessary; Modification of existing underground sprinkler system if necessary; Provide and install all floats, ultrasonic and necessary panels as shown in the drawings; Provide and install septage pumps in the basement of the Existing Headworks Building; Provide and install all piping and fitting in the basement of the headworks building as shown in the drawings; Provide and install all necessary electrical for the septage receiving station including VFD s, electrical service for packaged septage station and ultrasonic as shown in drawings; Measurement: Measurement shall be one lump sum bid item. Payment: Payment shall be made at the contract unit price for the lump sum bid item Periodic payments shall be based on the Contractor s Schedule of Values as approved by the Engineer. 32. PERMITTING 32.1 The Contractor is responsible for acquiring all other permits necessary for construction of the Project. The list of permits below includes some of the permits required, but may not be all inclusive. *All permits required for dewatering of the sites *City Building Permits *All permits required for storm water discharge / erosion control *Electrical and Plumbing permits as required. SPECIAL PROVISIONS Page 31

96 Intentionally Left Blank

97 Section January 2016 SECTION FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS This section supplements Division 0 of the Montana Public Works Standard Specifications, Sixth Edition, dated April, Included herein are supplemental general conditions that are required by Montana public facility funding programs or agencies listed in 1.1 below but are not included in the Montana Public Works Standard Specifications, Division 0. ARTICLE 1. SPECIAL PROVISIONS 1.1 FUNDING AGENCIES This project is being funded with funds from one or more of the following public facility funding programs or agencies: Renewable Resource Grant and Loan Program (RRGL) Treasure State Endowment Program (TSEP) United States Department of Agriculture Rural Development (USDA/RD) Community Development Block Grant Program (CDBG) Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF) Applicable Funding Agency Special Provisions In addition to Section 1.2 below, the following sections also apply as indicated: X X X X X Section 1.3 (Additional USDA/RD Requirements) Section 1.4 (Additional CDBG Requirements) Section 1.5 (Additional SRF Requirements) Exhibit A (Project Sign Detail) Exhibit B (HUD Form 4010) Exhibit C (Federal Labor Standards Provisions) Exhibit D (DBE Forms) Exhibit E (American Iron and Steel Forms) 1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES The following requirements pertain to all of the funding programs or agencies listed in 1.01 above. If project funding sources include any of the programs or agencies listed, the following general requirements must be met in addition to those required in the Montana Public Works Standard Specifications, Division 0: Reports, Information, and Access to Records The contractor, at such times and in such form as required by the owner (defined herein as the entity for which the project is being constructed) shall furnish reports pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. The owner and any federal, state or local governmental agency having a valid interest in this project shall be permitted by the contractor to have full access to and the right to examine pertinent documents of the contractor involving transactions related to this contract during the period of the project and for three (3) years from the date of final payment or until all findings have been resolved to the satisfaction of the funding agencies. 1

98 Section January Contractor Eligibility and Certification Regarding Debarment The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to (2), MCA. For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR ) Contractor Registration and Worker s Compensation Requirements Title 39, Chapter 9, Parts 1 and 2 MCA stipulate contractor registration requirements for the State of Montana. Pursuant to MCA, each construction contractor must be registered with the Montana Department of Labor and Industry. In accordance with MCA, construction contractor means a person, firm, or corporation that, in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid for construction. No bid shall be considered that does not carry the bidder s Montana Contractor s Registration Number on the bid form. Registration forms and additional information may be obtained by contacting the Montana Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 8011, Helena, MT , or by calling The contractor must provide certification that workers' compensation insurance will be maintained as required by the Montana Workers' Compensation Act ( MCA) Minimum Wage Requirements Unless superseded by federal law, MCA and MCA require that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable for the work being performed, as provided in the current Montana Prevailing Wage Requirements as determined by the Montana Department of Labor and Industry. The current wage determination(s) must be included in the contract documents. If the SRF Loan Program is funding the project in whole or in part, federal and state laws require that each employer pay, as a minimum, prevailing wages for each classification in accordance with the Federal Labor Standards Provisions (Davis-Bacon) (Exhibit C) or Montana Prevailing Wage Requirements, whichever is greater. If the CDBG Program is funding the project in whole or in part, HUD Form 4010-Federal Labor Standards Provisions (Exhibit B) must be included in the contract documents Compliance With State and Federal Laws and Regulations All applicable laws, ordinances, rules and regulations of authorities having jurisdiction over construction of the project shall apply to the contract throughout. The contractor must comply with all applicable state and federal occupational disease and health and safety laws and regulations Project Sign All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: 2

99 Section January 2016 The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4 X8 X¾ exterior plywood (A-B) and shall be supported by and bolted to two (2) 4 X4 posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign will be edged, painted and lettered as shown on Exhibit A. The letters shall be approximately three (3) inches in height. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. A statement indicating all agencies participating in the financing of the project shall be included on the sign. The sign shall be subject to agency approval prior to being erected Gross Receipts Withholding Requirements Pursuant to Section (2)(3), MCA, the owner is required to withhold one percent (1%) of all payments due the contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%) from payments to subcontractors Clean Air and Clean Water Acts, Executive Order and EPA Regulations: If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR Part 15). 1.3 ADDITIONAL SPECIAL PROVISIONS FOR USDA/RD The following documents shall be attached to and made a condition of the contract documents for any project funded, in whole or in part, by Rural Development: If the bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in paragraph of the General Conditions; If the bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); and If the bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to paragraph of the General Conditions Free and Open Competition All procurement transactions will be conducted in a manner that provides maximum free and open competition. Examples of what are considered to be restrictive of competition include but are not limited to: employment preferences to Montana Bidders or Montana Contractors and Montana residents Contractor s Retainage No payments will be made that would deplete the retainage nor place in escrow any funds that are required for retainage or invest the retainage for the benefit of the contractor. 3

100 Section January ADDITIONAL SPECIAL PROVISIONS FOR CDBG Equal Employment Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (iii) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv) The contractor will comply with all of the provision of Executive Order of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (v) The contractor will furnish all information and reports required by Executive Order of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (vi) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. b. Title VII of the Civil Rights Act of Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. c. Section 109 of the Housing and Community Development Act of "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the 4

101 Section January 2016 benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." d. Section 3 of the Housing and Community Development Act of The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBGassisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. e. Minority Business Enterprise. Under the provisions of Executive Order contractors on federallyfunded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. f. Nondiscrimination Provision in all Public Contracts Pursuant to Section , MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin Uniform Federal Accessibility Standards (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD" Certification of Compliance with Federal Clean Air and Water Acts (Applicable to Federally Assisted Construction Contracts and Related Sub-Contracts Exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended Preconstruction Conference After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated Contract Pricing The cost plus a percentage of cost method of contracting shall not be used. 5

102 Section January ADDITIONAL SPECIAL PROVISIONS FOR SRF Equal Employment Opportunity and Affirmative Action Requirements on Federally Assisted Construction Contracts NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 3.3% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on page 11). 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Billings Economic Area. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part (b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts. The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause, whether or not it is physically incorporated in such contracts. In addition to the clause described above, all federal contracting officers, all applicants, and all non-construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the 6

103 Section January 2016 Director pursuant to of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR ) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 7

104 Section January In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female offthe-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 8

105 Section January 2016 h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractorunion, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). 9

106 Section January The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 10

107 Section June 2014 CONTRACTOR S NAME, ADDRESS & TELEPHONE NUMBER CONTRACTOR EMPLOYER ID NUMBER: Return to: USDOL/ESA/OFCCP Denver District Office 1999 Broadway-Suite 1177 P.O. BOX Denver, CO _ CONTRACT INFORMATION PROJECT AND LOCATION: Dollar Amount of Contract Estimated Start Date Estimated Completion Date Contract No. Geographical Area NOTIFICATION OF SUBCONTRACTS AWARDED (>$10,000) Subcontractors Name, Address, & Phone Number Employer ID Number of Subcontractor Estimated $ Amount of Subcontract Estimated Start Date Estimated Completion Date 11

108 Section June Guidance for Utilization of Small, Minority, and Women Business Enterprises (DBE) Requirements of 40 CFR (D) The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business (DBEs) enterprises primarily through outreach, recruitment, and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities including placing DBEs on solicitation lists and soliciting them whenever they are potential sources; b. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, when the requirements of the work permit, which will encourage participation by DBEs; c. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs; d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2 %MBE's and 3 % WBE's. C. DEFINITIONS 1. Minority Business Enterprise (MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Individuals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). 12

109 Section June 2014 (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: (b) Hispanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American (American Indian, Eskimo, Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy the third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making; and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a "useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE "fronts" and limit the creation of an artificial supplier and broker marketplace. 2. W omen's Business Enterprise (W BE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women, who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Objective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and WBEs, taking into account experience on EPA-funded projects and other comparable projects in the area. A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and WBEs to achieve the fair share objective. 13

110 Section June Small Business (SBE). Any business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part Small Business in a Rural Area. A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient. A party receiving SRF financial assistance. 7. Project. The work financed through an SRF loan. 8. Bidder. A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/offeror means efforts to attract and utilize SBEs, MBEs, and WBEs (DBEs) primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. a. Include qualified SBEs, MBEs, and WBEs on solicitation lists. (1) Maintain and update a listing of qualified SBEs, MBEs, and WBEs and SBRAs that can be solicited for supplies, construction and/or services. (2) Provide listings to all interested parties who requested copies of the bidding or proposing documents. (3) Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. (4) Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA- Office of Small and Disadvantaged Business Utilization (OSDBU) and the Department of Transportation. (5) Have the State environmental agency personnel review this solicitation list. b. Ensure that SBEs, MBEs, and WBEs are solicited. (1) Conduct meetings, conferences, and follow-ups with SBEs, MBEs, WBEs, and SBRAs, small, minority and/or women's business associations, minority media, etc., to inform these groups of opportunities to provide supplies, services, and construction. (2) MBE utilization is facilitated if the recipient or prime contractor advertises through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (3) Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs, WBEs, and SBRAs. (4) Provide bidders and offerors with listings of qualified SBEs, MBEs, WBEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. (5) Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. 14

111 Section June 2014 (6) Provide interested SBEs, MBEs, WBEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (7) Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. (8) Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. c. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, where requirements of the work permit, which will encourage participation by SBEs, MBEs, WBEs and SBRAs. (1) Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. (2) Develop realistic delivery schedules which may provide for greater SBE, MBE, WBE or SBRA participation. (3) Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date d. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, WBEs and SBRAs. (1) Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs. (2) Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs, WBEs and SBRAs. (3) Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs, WBEs and SBRAs maximum participation. (4) Encourage contracting with a consortium of SBEs, MBEs, WBEs, and SBRAs when a contract is too large for one of these firms to handle individually e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. (1) Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', WBEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. (2) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. f. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs a. through e. of this section. D. ADDITIONAL CONTRACT PROVISIONS 1. The prime contractor must pay its subcontractors for satisfactory performance no more than 30 days from the prime contractor s receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to any termination of a DBE subcontractor for convenience. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor, even if the fair share objectives have already been achieved. 15

112 Section June The prime contractor must distribute EPA Form , DBE Program Subcontractor Participation Form (see Exhibit D) to all of its DBE subcontractors. The subcontractors can submit completed forms to the EPA DBE Coordinator (address included on the form) at any time during the project period of performance. 5. The prime contractor must have its DBE subcontractors complete EPA Form , DBE Program Subcontractor Performance Form (see Exhibit D) and include completed forms in its bid / proposal package or submit the form within seven (7) calendar days of the bid opening. 6. The prime contractor must complete EPA Form , DBE Program Subcontractor Utilization Form (see Exhibit D) and submit as part of its bid or proposal package or submit the form within seven (7) calendar days of the bid opening. 7. Failure to submit the requested information (Form and Form ) within seven (7) calendar days of the bid opening may be viewed as non-responsive. 8. Additional DBE forms can be downloaded at E. REPORTING 1. Bidders/offerors shall demonstrate compliance with good faith efforts in order to be deemed responsible. At a minimum this will include completing EPA forms and as discussed above. Additional efforts could include maintaining phone/mail logs (see attached MBE/WBE Subcontractor Solicitation Sheet), submitting proof of DBE solicitation advertisements, completion of the on-line DBE quote request form located at etc.. The owner may specify other methods of demonstrating compliance. 2. Documentation of a good faith effort should be submitted with the bid. 16

113 Section June 2014 MBE/WBE SUBCONTRACTOR SOLICITATION INFORMATION Name, Address & Phone No. of Subcontractor Contacted Date Request for Quote Sent Description of Work Offered Date of Phone Follow-up & Person Contacted Amount of Quote or Reason for Not Quoting* Quote Accepted? If not, list reason for rejection Indicate MBE, WBE, or other Subcontractor * - Use additional sheets if necessary. The undersigned hereby certifies that the above information is true and correct: Contractor: By: Signature Date: Title 17

114 Section June Certification Regarding Debarment, Suspension and Other Responsibility Matters A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations can be checked at: A prospective prime contractor must submit a completed certification (see form on the following page) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. 18

115 Section June 2014 United States Environmental Protection Agency Washington, DC SRF Project Number Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. 19

116 Section June Prohibition against Listed Violated Facilities A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L ) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C et seq.). (2) W ater Act means the Clean Water Act, as amended (33 U.S.C et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) Clean W ater Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area Discovery of Archaeological and other Historical Items In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. 20

117 Section June 2014 (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment Williams-Steiger Occupational Safety and Health Act of 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law ; b. Part Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein 21

118 Section June Wage Determination The Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Please refer to EXHIBIT C for Federal Labor Standards Provisions for Federally Assisted Construction Contracts. If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.), you should contact the Labor Standards Bureau Wage and Hour Unit of the Montana Department of Labor and Industry or visit their website: Access 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator, the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit, examination, excerpts, copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records Construction Site Erosion and Sediment Control Measures Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances, the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible, topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. 22

119 Section June American Iron and Steel (AIS) Requirements On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are 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, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L ) and as further interpreted by applicable EPA guidance (see ). The General Contractor(s) shall provide the Owner with a certifying statement upon project completion that all of the qualifying iron and steel components used in the project are produced in the United States. General Contractor(s) shall ensure that all subcontractors and manufacturers/suppliers on the project have met the AIS requirements. The Manufacturer/Supplier Certification forms should be provided to the Owner prior to product purchase or be supplied with the delivery of the products. Certification forms for the General Contractor(s) and manufacturers/suppliers are found in Exhibit E of Section A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. 1.6 Exhibits 23

120 Intentionally Left Blank

121 Section June 2014 EXHIBIT A (Required for All Projects) Project Sign Detail

122 Section August

123 EXHIBIT B (Required for CDBG Projects) HUD Form 4010-Federal Labor Standards Provisions

124 Intentionally Left Blank

125 EXHIBIT C (Required for SRF Projects) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages)

126 Intentionally Left Blank

127 Title 29, Chapter I, Part 5, Subpart A (29 CFR 5.5) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Section Name: Contract provisions and related matters. (a) The Recipient shall assure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 5.1 or the applicable FY appropriation requirements, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the

128 contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency or SRF program) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) 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 under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the

129 registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required by paragraph (a)(3)(ii)(b) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the loan or grant recipient or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR (4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually

130 registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the SRF program may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

131 (7) Contract termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

132 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the loan or grant recipient and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

133 EXHIBIT D (Required for SRF Projects) DBE Forms , , and

134 Intentionally Left Blank

135 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. This form gives a DBE 1 subcontractor 2 the opportunity to describe work received and/or report any concerns regarding the EPA-funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance. Subcontractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Prime Contractor Name Address Issuing/Funding Entity: Contract Item Number Description of Work Received from the Prime Contractor Involving Construction, Services, Equipment or Supplies Amount Received by Prime Contractor 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM (DBE Subcontractor Participation Form)

136 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form Please use the space below to report any concerns regarding the above EPA-funded project: Subcontractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM (DBE Subcontractor Participation Form)

137 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form This form is intended to capture the DBE 1 subcontractor s 2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package. Subcontractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Prime Contractor Name Address Issuing/Funding Entity: Contract Item Number Description of Work Submitted to the Prime Contractor Involving Construction, Services, Equipment or Supplies Price of Work Submitted to the Prime Contractor DBE Certified By: DOT SBA Other: Meets/ exceeds EPA certification standards? YES NO Unknown 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM (DBE Subcontractor Performance Form)

138 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section (c). Prime Contractor Signature Print Name Title Date Subcontractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM (DBE Subcontractor Performance Form)

139 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor s actual and/or anticipated use of identified certified DBE 1 subcontractors 2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Address Issuing/Funding Entity: I have identified potential DBE certified subcontractors If yes, please complete the table below. If no, please explain: YES NO Subcontractor Name/ Company Name Company Address/ Phone/ Est. Dollar Amt Currently DBE Certified? Continue on back if needed 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM (DBE Subcontractor Utilization Form)

140 OMB Control No: Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section (c). Prime Contractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM (DBE Subcontractor Utilization Form)

141 EXHIBIT E American Iron and Steel (AIS) Forms

142 Intentionally Left Blank

143 USE OF AMERICAN IRON AND STEEL GENERAL CONTRACTOR CERTIFICATION Consolidated Appropriations Act, 2014 On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Sec. 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. As the general contractor for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of, do hereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that all materials and supplies used on the project(s), where any SRF funds were used, have complied with the above provision of the Consolidated Appropriations Act. Project Name, DEQ Loan Project Number, Authorized Signature, Date, Title, Print Name

144 USE OF AMERICAN IRON AND STEEL MANUFACTURER OR SUPPLIER CERTIFICATION Consolidated Appropriations Act, 2014 On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. This certification applies to the following specific iron and steel products to be incorporated into this project: Manufacturer Name: Material/Product Description: Location of factory where these products will be manufactured: As a manufacturer or supplier for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of, do hereby certify that by accepting funds allocated from the State Revolving Fund (SRF), I attest that all qualifying iron and steel products purchased for or used on the project(s), where any SRF funds were used, have complied with the above provision of the Consolidated Appropriations Act. Project Name, DEQ Loan Project Number, Authorized Signature, Date, Title, Print Name.

145 SECTION V TECHNICAL SPECIFICATIONS (Bound Under Separate Cover)

146 Intentionally Left Blank

147 SECTION VI PREVAILING WAGE RATES

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149 General Decision Number: MT /18/2016 MT58 Superseded General Decision Number: MT State: Montana Construction Type: Building Counties: Carter, Custer, Fallon, Garfield, Phillips, Powder River, Rosebud and Valley Counties in Montana. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/08/ /29/ /18/2016 ASBE /01/2015 Rates Fringes Heat and Frost Insulator...$ BOIL /01/2013 Rates Fringes BOILERMAKER...$ BRMT /01/2014 CARTER, CUSTER, FALLON, GARFIELD, POWDER RIVER & ROSEBUD COUNTIES Rates Fringes BRICKLAYER...$ BRMT /01/2014

150 PHILLIPS AND VALLEY COUNTIES Rates Fringes BRICKLAYER...$ CARP /01/2015 Rates Fringes CARPENTER (Form Work Only)...$ MILLWRIGHT...$ Zone Definition: The hourly rate applicable to each project is determined by measuring the road miles over the shortest practical route from the County Courthouse of the following towns to the ceter of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Lewiston, Miles City, and Missoula Zone 1: 0 to 30 miles - Base Rate Zone 2: 31 to 60 miles - $3.70 Zone 3: over 60 miles - $ ELEC /01/2015 Phillips and Valley Counties Rates Fringes ELECTRICIAN...$ ELEC /01/2015 Carter, Custer, Fallon, Garfield, Powder River & Rosebud Counties Rates Fringes ELECTRICIAN...$ ELEV /01/2014 Rates ELEVATOR MECHANIC...$ Fringes a+b FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. b. Eight paid holidays: New Year's Day; Memorial Day;

151 Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day ENGI /01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (1) A-frame truck Crane...$ (4) Cranes tons...$ (5) Cranes tons...$ (6) Cranes 75 to 144 tons, whirley cranes...$ (7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Tower (all)...$ ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $ IRON /01/2015 Rates IRONWORKER, REINFORCING...$ Fringes a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day following Thanksgiving, and Christmas Day PLUM /01/2015 Carter, Custer, Fallon, Garfield, Powder River, and Rosebud Counties Rates Fringes PIPEFITTER, Excludes HVAC Pipe Installation...$ PLUMBER, Excludes HVAC Pipe

152 Installation...$ * PLUM /01/2015 PHILLIPS & VALLEY COUNTIES Rates Fringes PLUMBER/PIPEFITTER (Excluding HVAC Pipe Installation)...$ SHEE /01/2013 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only)...$ SUMT /04/2011 Rates Fringes CARPENTER (Drywall Hanging Only)...$ CARPENTER, Excludes Drywall Hanging, and Form Work...$ CEMENT MASON/CONCRETE FINISHER...$ IRONWORKER, STRUCTURAL...$ LABORER: Common or General...$ LABORER: Mason Tender - Brick...$ OPERATOR: Excavator...$ OPERATOR: Forklift...$ PAINTER: Brush, Roller and Spray...$ PLUMBER (HVAC Pipe Installation)...$ ROOFER...$ TRUCK DRIVER: Dump Truck...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================

153 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted.

154 Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator

155 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

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157 General Decision Number: MT /08/2016 MT70 Superseded General Decision Number: MT State: Montana Construction Type: Heavy County: Custer County in Montana. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/08/2016 ELEC /01/2015 Rates Fringes ELECTRICIAN...$ ENGI /01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (Zone 1) (1) A-frame truck Crane, oiler (except crane).$ (2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction), Backhoe...$ (3) Mechanic...$ (4) Cranes, 25 tons - 44 tons...$ (5) Cranes, 45 tons to and incl. 74 tons...$ (6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...$ (7) Cranes, 150 tons to

158 including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)...$ ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $ * IRON /01/2015 Rates IRONWORKER: Reinforcing and Structural...$ Fringes a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's DAy, Thanksgiving Day, Day following Thanksgiving, and Christmas Day SUMT /08/2011 Rates Fringes CARPENTER (Form Work Only)...$ CARPENTER, Excludes Form Work...$ LABORER: Common or General...$ LABORER: Pipelayer...$ LABORER: Landscape and Irrigation...$ OPERATOR: Bobcat/Skid Steer/Skid Loader...$ OPERATOR: Excavator...$

159 OPERATOR: Grader/Blade...$ OPERATOR: Loader (Front End)...$ OPERATOR: Scraper...$ TRUCK DRIVER: Dump Truck...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and

160 the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal

161 process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

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163 MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2016 Effective: January 2, 2016 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 or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box Helena, MT Phone TDD 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 and 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 , 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 or by contacting the Labor Standards Bureau at (406) or TDD (406) 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 or contact the Labor Standards Bureau at (406) or TDD (406) PAM BUCY Commissioner Department of Labor and Industry State of Montana

164 MONTANA PREVAILING WAGE REQUIREMENTS: TABLE OF CONTENTS A. Date of Publication. 3 B. Definition of Building Construction... 3 C. Definition of Public Works Contract... 3 D. Prevailing Wage Schedule 3 E. Rates to Use for Projects 3 F. Wage Rate Adjustments for Multiyear Contracts 3 G. Fringe Benefits. 4 H. Prevailing Wage Districts 4 I. Dispatch City. 5 J. Zone Pay.. 5 K. Computing Travel Benefits 5 L. Per Diem.. 5 M. Apprentices.. 5 N. Posting Notice of Prevailing Wages. 5 O. Employment Preference... 5 P. Building Construction Occupations Website 5 Q. Welder Rates. 5 R. Foreman Rates. 5 WAGE RATES: BOILERMAKERS.. 6 BRICK, BLOCK, AND STONE MASONS... 6 CARPENTERS.. 6 CEMENT MASONS AND CONCRETE FINISHERS.. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP OPERATORS GROUP 2. 7 OPERATORS GROUP 3. 8 OPERATORS GROUP 4. 8 OPERATORS GROUP 5. 8 OPERATORS GROUP 6. 9 OPERATORS GROUP 7. 9 CONSTRUCTION LABORERS LABORERS GROUP 1. 9 LABORERS GROUP LABORERS GROUP LABORERS GROUP DRYWALL APPLICATORS. 11 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL 12 ELEVATOR CONSTRUCTORS.. 12 FLOOR LAYERS.. 13 GLAZIERS.. 13 HEATING AND AIR CONDITIONING 13 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS. 14 MILLWRIGHTS.. 14 PAINTERS: INCLUDING PAPERHANGERS PILE BUCKS.. 14 PLASTERERS.. 15 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS.. 15 ROOFERS.. 16 SHEET METAL WORKERS 16 SPRINKLER FITTERS. 16 TAPERS. 17 TEAMSTERS GROUP 2 (TRUCK DRIVERS) TELECOMMUNICATIONS EQUIPMENT INSTALLERS 17 TILE AND MARBLE SETTERS

165 A. Date of Publication January 2, 2016 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semi-skilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM), (2) 2(a), states Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc. C. Definition of Public Works Contract Section (11)(a), MCA defines public works contract as a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000. D. Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Heavy Construction, Highway Construction, and Nonconstruction Services occupations can be found on the internet at or by contacting the Labor Standards Bureau at (406) or TDD (406) E. Rates to Use for Projects ARM, (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 , 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. 3

166 G. Fringe Benefits Section , MCA states: (1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Prevailing Wage Districts Montana counties are aggregated into 4 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: 4

167 I. Dispatch City ARM, (11), defines dispatch city as...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula. A dispatch city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 Kalispell and Missoula: includes Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders; District 2 Butte and Helena: includes Beaverhead, Broadwater, Deer Lodge, Glacier, Granite, Jefferson, Lewis and Clark, Liberty, Madison, Pondera, Powell, Silver Bow, Teton, and Toole; District 3 Bozeman and Great Falls: includes Blaine, Cascade, Chouteau, Fergus, Gallatin, Golden Valley, Hill, Judith Basin, Meagher, Park, Petroleum, Phillips, Sweet Grass, and Wheatland; District 4 Billings: includes Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Valley, Wibaux, and Yellowstone. J. Zone Pay Zone pay is not travel pay. ARM, (24), defines zone pay as...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job. See section I above for a list of dispatch cities. K. Computing Travel Benefits ARM, (22), states Travel pay, also referred to as travel allowance, is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job. See section I above for a list of dispatch cities. L. Per Diem ARM, (18), states Per diem typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer. M. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section (2), MCA states The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. N. Posting Notice of Prevailing Wages Section , MCA provides that contractors, subcontractors and employers who are performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees. O. Employment Preference Sections and , MCA requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. P. Building Construction Occupations Website You can find definitions for these occupations on the following Bureau of Labor Statistics website: 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. 5

168 WAGE RATES BOILERMAKERS Wage Benefit District 1 $30.00 $30.30 District 2 $30.00 $30.30 District 3 $30.00 $30.30 District 4 $30.00 $30.30 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Travel: All Districts mi. free zone >120 mi. federal mileage rate/mi. in effect when travel occurs. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: All Districts 0-70 mi. free zone > mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit District 1 $26.41 $13.19 District 2 $26.41 $13.19 District 3 $26.05 $13.19 District 4 $26.05 $13.19 Travel: All Districts 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 District 1 $22.00 $11.57 District 2 $22.00 $11.86 District 3 $22.00 $11.57 District 4 $24.59 $11.57 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Duties Include: Install roll and batt insulation, and hardwood floors. CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit District 1 $21.20 $10.68 District 2 $21.43 $ 9.41 District 3 $23.63 $ 7.19 District 4 $21.44 $ 7.14 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. 6

169 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit District 1 $23.47 $11.05 District 2 $23.47 $11.05 District 3 $23.47 $11.05 District 4 $23.47 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); 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. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit District 1 $23.94 $11.05 District 2 $23.94 $11.05 District 3 $23.94 $11.05 District 4 $23.94 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant. 7

170 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit District 1 $23.35 $11.05 District 2 $24.34 $11.05 District 3 $23.78 $ 9.41 District 4 $24.34 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit District 1 $25.00 $11.05 District 2 $25.00 $11.05 District 3 $25.00 $11.05 District 4 $25.00 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit District 1 $25.50 $11.05 District 2 $25.50 $11.05 District 3 $25.50 $11.05 District 4 $25.50 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. 8

171 CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit District 1 $26.60 $11.05 District 2 $26.60 $11.05 District 3 $26.60 $11.05 District 4 $26.60 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit District 1 $27.10 $11.05 District 2 $27.10 $11.05 District 3 $27.10 $11.05 District 4 $27.10 $11.05 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1 / FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit District 1 $17.35 $8.04 District 2 $18.00 $8.70 District 3 $18.00 $7.24 District 4 $18.00 $7.24 Zone Pay: District mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $3.90/hr. Districts 2, 3 & mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. 9

172 CONSTRUCTION LABORERS GROUP 2 Wage Benefit District 1 $16.27 $6.18 District 2 $17.47 $7.68 District 3 $16.28 $6.25 District 4 $18.00 $6.61 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: District mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $3.90/hr. District mi. free zone >15-30 mi. base pay + $1.55/hr. >30-50 mi. base pay + $3.10/hr. >50 mi. base pay + $4.65/hr. Districts 3 & mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. CONSTRUCTION LABORERS GROUP 3 Wage Benefit District 1 $19.50 $8.04 District 2 $19.50 $8.70 District 3 $19.00 $7.24 District 4 $19.00 $7.24 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: Districts 1 & mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $3.90/hr. Districts 3 & mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. 10

173 CONSTRUCTION LABORERS GROUP 4 Wage Benefit District 1 $17.14 $6.80 District 2 $23.49 $8.70 District 3 $22.53 $7.64 District 4 $21.02 $8.01 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. Zone Pay: District mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $3.90/hr. District mi. free zone >15-30 mi. base pay + $1.55/hr. >30-50 mi. base pay + $3.10/hr. >50 mi. base pay + $4.65/hr. Districts 3 & mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. DRYWALL APPLICATORS Wage Benefit District 1 $22.00 $11.57 District 2 $22.00 $11.86 District 3 $22.00 $11.57 District 4 $22.00 $11.57 Zone Pay: All Districts 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. Duties Include: Drywall and ceiling tile installation. 11

174 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit District 1 $28.17 $11.80 District 2 $29.52 $12.76 District 3 $28.54 $11.61 District 4 $31.39 $12.72 Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. Installation and/or adjusting of building automation controls also during testing and balancing, commissioning and retro-commissioning. Travel: District 1 No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-10 mi. free zone >10-45 mi. $0.585/mi. in excess of the free zone. >45 mi. $75.00/day District 2 No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $64.00/day District 3 No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $64.00/day District 4 No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day ELEVATOR CONSTRUCTORS Wage Benefit District 1 $48.59 $34.08 District 2 $48.59 $34.08 District 3 $48.59 $34.08 District 4 $48.59 $34.08 Travel: All Districts 0-15 mi. free zone >15-25 mi. $38.90/day >25-35 mi. $77.79/day >35 mi. $84.90/day or cost of receipts for hotel and meals, whichever is greater. 12

175 FLOOR LAYERS Wage Benefit District 1 $18.36 No Rate Established District 2 $18.36 No Rate Established District 3 $18.36 No Rate Established District 4 $18.36 No Rate Established Lay and install carpet from rolls or blocks on floors. Install padding and trim flooring materials. GLAZIERS Wage Benefit District 1 $18.50 $3.36 District 2 $17.71 $3.16 District 3 $16.79 $3.36 District 4 $20.33 $3.57 HEATING AND AIR CONDITIONING Wage Benefit District 1 $27.33 $15.39 District 2 $27.33 $15.39 District 3 $27.33 $15.39 District 4 $27.33 $15.39 Duties Include: Testing and balancing, commissioning and retrocommissioning of all air-handling equipment and duct work. Travel: * All Districts 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi. in employee vehicle Per Diem: * All Districts $65.00/day INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit District 1 $27.67 $18.47 District 2 $26.55 $18.47 District 3 $31.62 $18.47 District 4 $27.67 $18.47 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: All Districts 0-30 mi. free zone >30-40 mi. $20.00/day >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. >60 mi. $77.00/day on jobs requiring an overnight stay plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. * Corrected 01/22/

176 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit District 1 $26.90 $20.99 District 2 $26.50 $19.98 District 3 $26.50 $19.98 District 4 $26.50 $19.98 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: District mi. free zone >45-60 mi. $30.00/day > mi. $55.00/day >100 mi. $75.00/day Districts 2, 3 & mi. free zone >45-85 mi. $45.00/day >85 mi. $75.00/day MILLWRIGHTS Wage Benefit District 1 $31.00 $11.57 District 2 $31.00 $11.86 District 3 $31.00 $11.57 District 4 $31.00 $11.57 Zone Pay: All Districts 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. PAINTERS: INCLUDING PAPERHANGERS Wage Benefit District 1 $23.14 $ 8.11 District 2 $23.14 $ 8.11 District 3 $19.70 $ 8.11 District 4 $19.25 $11.78 Travel: All Districts mi. free zone >120 mi. $45.00/day PILE BUCKS Wage Benefit District 1 $28.00 $11.57 District 2 $28.00 $11.86 District 3 $28.00 $11.57 District 4 $28.00 $11.57 Zone Pay: All Districts 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed and direction of swing. Cut piles to grade. 14

177 PLASTERERS Wage Benefit District 1 $21.20 $10.68 District 2 $21.43 $ 9.41 District 3 $23.63 $ 7.19 District 4 $21.44 $ 7.14 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit District 1 $27.53 $13.36 District 2 $27.97 $13.73 District 3 $27.97 $13.73 District 4 $30.21 $16.01 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: District mi. free zone >30-50 mi. $20.00/day >50-75 mi. $35.00/day >75 mi. $70.00/day Special Provision: If transportation is not provided, an additional $0.35/mi. is added to the amounts above for travel at the beginning and end of job, not for every mile traveled. Districts 2 & mi. free zone >40-80 mi. $30.00/day >80 mi. $60.00/day Special Provision: If employer provides transportation, travel pay will be ½ of the amounts listed above unless the employee stays overnight. If the employee chooses to stay overnight, the employee will receive the full amount of travel listed above even if the employer furnishes transportation. District mi. free zone >70 mi. $90.00/day if transportation is provided. $90.00/day + $0.55/mi. (for one trip, there and back) if transportation is not provided. 15

178 ROOFERS Wage Benefit District 1 $17.53 $10.22 District 2 $19.68 $ 5.49 District 3 $17.31 $ 8.66 District 4 $21.28 $ 3.72 Travel: District mi. free zone >50 mi. $0.30/mi. Districts 2, 3 & 4 No travel established. Per Diem: Districts 2 & 3 Employer pays for room + $25.00/day. Districts 1 & 4 No per diem established. SHEET METAL WORKERS Wage Benefit District 1 $27.33 $15.39 District 2 $27.33 $15.39 District 3 $27.33 $15.39 District 4 $27.33 $15.39 Duties Include: Testing and balancing, commissioning and retrocommissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. Travel: * All Districts 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi. in employee vehicle Per Diem: All Districts $65.00/day SPRINKLER FITTERS Wage Benefit District 1 $31.16 $18.37 District 2 $30.74 $18.37 District 3 $30.42 $18.37 District 4 $30.71 $18.37 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel: All Districts 0-60 mi. free zone >60-80 mi. $16.50/day > mi. $26.50/day >100 mi. $80.00/day * Corrected 01/22/

179 TAPERS Wage Benefit District 1 $23.14 $8.11 District 2 $23.14 $8.11 District 3 $23.14 $8.11 District 4 $23.14 $8.11 Travel: All Districts mi. free zone >120 mi. $45.00/day TEAMSTERS GROUP 2 (TRUCK DRIVERS) Wage Benefit District 1 $20.81 $9.16 District 2 $27.69 $9.16 District 3 $22.58 $9.16 District 4 $27.69 $9.16 Zone Pay: All Districts 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $4.00/hr. This group includes but is 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. TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit District 1 $22.75 $8.60 District 2 $23.37 $8.60 District 3 $23.37 $8.60 District 4 $22.08 $5.71 Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment. Travel: All Districts The federal mileage rate/mi. in effect when travel occurs if using own vehicle. Per Diem: All Districts Employer pays for meals and lodging up to $65.00/day. When jobsite is located in Big Sky, West Yellowstone and Gardiner, lodging and meals will be provided by the employer for all actual and reasonable expenses incurred. TILE AND MARBLE SETTERS No Rate Established Duties Include: Apply hard tile, marble, and wood tile to floors, ceilings, and roof decks 17

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181 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2016 Effective: January 2, 2016 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 or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box Helena, MT Phone TDD 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 and 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 , 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 or by contacting the Labor Standards Bureau at (406) or TDD (406) 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 or contact the Labor Standards Bureau at (406) or TDD (406) PAM BUCY Commissioner Department of Labor and Industry State of Montana

182 MONTANA PREVAILING WAGE REQUIREMENTS: TABLE OF CONTENTS A. Date of Publication. 3 B. Definition of Heavy 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. Welder Rates. 5 P. Foreman Rates. 5 WAGE RATES: BOILERMAKERS.. 6 BRICK, BLOCK, AND STONE MASONS... 6 CARPENTERS.. 6 CEMENT MASONS AND CONCRETE FINISHERS.. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP OPERATORS GROUP 2. 7 OPERATORS GROUP 3. 7 OPERATORS GROUP 4. 8 OPERATORS GROUP 5. 8 OPERATORS GROUP 6. 8 OPERATORS GROUP 7. 8 CONSTRUCTION LABORERS LABORERS GROUP 1. 8 LABORERS GROUP 2. 9 LABORERS GROUP 3. 9 LABORERS GROUP 4. 9 DIVER. 10 DIVER TENDER 10 ELECTRICIANS 10 HEATING AND AIR CONDITIONING 10 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR. 11 GROUNDMAN.. 11 LINEMAN 12 MILLWRIGHTS.. 12 PAINTERS 12 PILE BUCKS.. 12 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS.. 12 SHEET METAL WORKERS 13 TEAMSTERS GROUP 1 (Pilot Car Drivers) TEAMSTERS GROUP 2 (Truck Drivers)

183 A. Date of Publication January, B. Definition of Heavy Construction The Administrative Rules of Montana (ARM), (4) (4)(a), states Heavy construction projects include, but are not limited to, those projects that are not properly classified as either building construction, or highway construction. Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells. C. Definition of Public Works Contract Section (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, D. Prevailing Wage Schedule This publication covers only Heavy 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, Highway Construction and Nonconstruction Services occupations can be found on the internet at or by contacting the Labor Standards Bureau at (406) or TDD (406) E. Rates to Use for Projects ARM, (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 , 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. 3

184 G. Fringe Benefits Section , MCA states: (1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM, (11), defines dispatch city as...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula. I. Zone Pay Zone pay is not travel pay. ARM, (24), defines zone pay as...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job. See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, (22), states Travel pay, also referred to as travel allowance, is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job. See section H above for a list of dispatch cities. K. Per Diem ARM, (18), states Per diem typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer. L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section (2), MCA states, The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4

185 M. Posting Notice of Prevailing Wages Section , MCA, provides that contractors, subcontractors, and employers who are performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees. N. Employment Preference Sections and , MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P. 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

186 BOILERMAKERS WAGE RATES Duties Include: tanks. Wage Benefit $30.00 $30.30 Bulk storage tanks and bolted steel Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Travel: mi. free zone >120 mi. federal mileage rate/mi. in effect when travel occurs. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: 0-70 mi. free zone > mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit $31.07 $13.40 Travel: 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day CARPENTERS Wage Benefit $28.00 $11.86 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $21.43 $9.41 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. 6

187 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $24.58 $11.80 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $25.07 $11.80 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $26.90 $11.80 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. 7

188 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $27.90 $11.80 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $28.90 $11.80 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $29.90 $11.80 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $30.90 $11.80 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $20.68 $8.04 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. 8

189 CONSTRUCTION LABORERS GROUP 2 Wage Benefit $24.07 $8.04 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION LABORERS GROUP 3 Wage Benefit $24.94 $8.04 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. CONSTRUCTION LABORERS GROUP 4 Wage Benefit $25.60 $8.04 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. 9

190 DIVER Wage Benefit Stand-By $36.72 $14.00 Diving $73.44 $14.00 Depth Pay (Surface Diving) 0-20 ft. free zone > ft. $2.00 per ft. > ft. $3.00 per ft. > ft. $4.00 per ft. >220 ft. $5.00 per ft. Zone Pay: 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. Diving In Enclosures 0-25 ft. free zone > ft. $1.00 per ft. DIVER TENDER Wage Benefit $35.02 $14.00 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. ELECTRICIANS Wage Benefit $31.39 $12.76 Travel: 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. HEATING AND AIR CONDITIONING Wage Benefit $27.33 $15.39 Duties Include: Testing and balancing, commissioning and retrocommissioning, of all air-handling equipment and duct work. Travel: * 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi. in employee vehicle Per Diem: * $65.00/day * Corrected 01/22/

191 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit $32.92 $18.47 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: All Districts 0-30 mi. free zone >30-40 mi. $20.00/day >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. >60 mi. $77.00/day on jobs requiring an overnight stay plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit $26.90 $20.99 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: 0-45 mi. free zone >45-60 mi. $30.00/day > mi. $55.00/day >100 mi. $75.00/day LINE CONSTRUCTION EQUIPMENT OPERATORS Duties Include: All work on substations Wage Benefit $31.82 $13.11 Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day LINE CONSTRUCTION GROUNDMAN Duties Include: All work on substations Wage Benefit $24.85 $12.38 Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day 11

192 LINE CONSTRUCTION LINEMAN Wage Benefit $41.54 $14.20 Duties Include: All work on substations Zone Pay: 0-25 mi. $40.00/day >25 mi. $60.00/day MILLWRIGHTS Wage Benefit $31.00 $11.86 Zone Pay: 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. PAINTERS Wage Benefit $24.25 $16.24 Travel: No free zone. $0.60/mile. Per Diem: $80.00/day PILE BUCKS Wage Benefit $28.00 $11.86 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-50 mi. base pay + $4.00/hr. >50 mi. base pay + $6.00/hr. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $33.66 $16.01 Travel: 0-70 mi. free zone >70 mi. $90.00/day if transportation is provided. $90.00/day + $0.55/mi. (for one trip, there and back) if transportation is not provided. 12

193 SHEET METAL WORKERS Wage Benefit $27.33 $15.39 Duties Include: Testing and balancing, commissioning and retrocommissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. Travel: * 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi. in employee vehicle Per Diem: $65.00/day TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit $20.59 $9.16 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.95/hr. >50 mi. base pay + $4.70/hr. TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit $27.69 $9.16 This group includes but is not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.70/hr. * Corrected 01/22/

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195 APPENDIX A MISCELLANEOUS FORMS

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197 NOTICE OF AWARD TO: DATE: PROJECT: PROJECT NO: PROJECT DESCRIPTION: The Owner has considered the Bid submitted by you for the above-described work in response to its Invitation to Bid dated and Instructions to Bidders. You are hereby notified that your Bid has been accepted for: In the amount of $ You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificates of Insurance within10 calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds and proof of insurance within 10 days from the date of this Notice, the Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of,. OWNER: BY: SIGNATURE PRINT OR TYPE NAME TITLE ACCEPTANCE OF NOTICE OF AWARD Receipt of the above Notice of Award is hereby acknowledged this day of,. CONTRACTOR: BY: SIGNATURE PRINT OR TYPE NAME TITLE Notice of Award Page 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

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199 AGREEMENT FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of, in the year, by and between, (hereinafter called Owner) and, (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows (Title, Schedule): The Project which includes the Work in the Contract Documents may be generally described as follows (Project Name): ARTICLE 2. TIME OF COMPLETION The Work to be performed under this Contract shall be commenced on or before a date set forth by the Owner in a written "Notice to Proceed" and shall be completed within calendar days. Liquidated damages are as stipulated in Article 6. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions caused by quantity variations on unit price work, the amount of $. ARTICLE 4. PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as follows: 100% of the value (less up to 5% retainage as provided in the Special Provisions), based on the Contract prices of labor and materials incorporated in the work and of materials suitably stored at the project site or at some other location agreed upon in writing, on a monthly basis, less the aggregate of the previous payments. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Upon final completion and acceptance of the Work in accordance with paragraph of the General Conditions, Owner shall pay the remainder of the Contract price as recommended by Engineer as provided in said paragraph ARTICLE 6. LIQUIDATED DAMAGES The contractor agrees to pay liquidated damages for each consecutive calendar day work continues past the contract time, until such work is substantially complete. Liquidated damages for this contract will be per day, plus reimbursement for the unscheduled employment of the Engineer. Page 1 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

200 AGREEMENT ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 7.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 Contractor has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Special Provisions of Contract Documents, and accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings, and has personally completed his own field investigations. 7.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site that otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 7.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 7.5 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 Contractor has given Engineer written notice of all conflicts, errors or discrepancies he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. ARTICLE 8. NO DAMAGES FOR DELAY - OTHER CONTRACTORS It shall be the affirmative duty of each and every Contractor on the project to cooperate and coordinate the scheduling and progress of its work with that of all other Contractors. Under no circumstances shall the Owner be liable for any damages for delay. It is further stipulated and agreed that the terms of this provision shall govern any other Contract document as defined in this Agreement. ARTICLE 9. THE CONTRACT DOCUMENTS The Bid Documents, together with this Agreement, form the Contract; and they are as totally a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Contract Documents: Invitation for Bid, Instructions to Bidders, Bid Proposal, Bid Bond, Notice of Award, Agreement, Performance Bond, Labor and Material Bond, Insurance Certificates, Consent of Surety, Notice to Proceed, Work Directive Change, Change Order, Affidavit on Behalf of Contractor, Approval of Subcontractors, Substitution Request Form, Schedule of Values, Payment Request, Contractor's Certificate of Completion, Certificate of Substantial Completion, General Conditions, Supplementary Conditions, Special Provisions, Technical Specifications, Drawings, Wage Rates. Page 2 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

201 AGREEMENT IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on the first date written above. OWNER: CONTRACTOR: BY: SIGNATURE DATE BY: SIGNATURE DATE PRINT OR TYPE NAME PRINT OR TYPE NAME TITLE TITLE (SEAL) (SEAL) ATTEST: SIGNATURE DATE ATTEST: SIGNATURE DATE PRINT OR TYPE NAME PRINT OR TYPE NAME TITLE TITLE ADDRESS FOR GIVING NOTICES ADDRESS FOR GIVING NOTICES Page 3 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

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203 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Attest: Signature Title Attest: Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-610, Performance Bond Copyright 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3

204 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 If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 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 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC C-610, Performance Bond Copyright 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3

205 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 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 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 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 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 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: 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 EJCDC C-610, Performance Bond Copyright 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3

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207 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-615, Payment Bond Copyright 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3