PROJECT MANUAL

GARDINER DIVERSION IMPROVEMENTS PROJECT

NRDP Contract No. 700204

Prepared by:

State of Montana

Natural Resource Damage Program

1720 9th Avenue

P.O. Box 201425

Helena, Montana 59620-1425

JUNE 2026

TABLE OF CONTENTS

GARDINER DIVERSION IMPROVEMENTS PROJECT

Invitation to Bid

Instructions to Bidders

Information Required of Bidders

Bid Bond Form

CONTRACT DOCUMENTS

General Conditions OWNER MODIFIED 2026

Agreement

FORMS

Payment Bond

Performance Bond

Notice of Award

Notice to Proceed

Contractor’s Application for Payment

Certificate of Substantial Completion

Work Change Directive

Change Order

Fuel Price Adjustment

SPECIAL PROVISIONS

Special Provisions

EXHIBIT A—Owner Obtained Permits

EXHIBIT B—Project Access and Water User Agreements

MONTANA PREVAILING WAGE RATES

2026 Montana Prevailing Wage Rates – Heavy Construction

APPENDICES

ATTACHMENT A – CONSTRUCTION DRAWINGS

Invitation to Bid

INVITATION TO BID

MONTANA NATURAL RESOURCE DAMAGE

PROGRAM

Gardiner Diversion Improvements Project

Proposed NRDP Contract No. 700204

CALL FOR BIDS

Electronic Bids for NRDP Construction Contract No. 700204, titled Gardiner Diversion Improvements Project (Project), will be received by the Montana Natural Resource Damage Program (“NRDP” or “Owner”) until 2:00 P.M. Mountain Time on August 6, 2026, and then electronically viewed and evaluated thereafter. Late bids will not be accepted for any reason. Bids must be submitted through the Montana Acquisition and Contracting System (eMACS). Bidders must respond to all prerequisites and any other instructions regarding uploading documents and providing required information. The eMACS may be accessed at the following ULR web address: http://www.vendorportal.mt.gov/.

PROJECT LOCATION

The Gardiner Diversion Improvements Project is located on Warm Springs Creek (WSC), located in Section 31, Township 5 North, Range 10 West, approximately 2 miles northeast of Anaconda, Deer Lodge County, Montana.

PROJECT DESCRIPTION AND BACKGROUND

NRDP is working in collaboration with the irrigators and Trout Unlimited (TU) to complete the Gardiner Diversion Improvements Project on Warm Springs Creek in Deer Lodge County, MT. The diversion improvements are intended to maintain water diversion functions, eliminate fish entrainment (fish screening), and improve fish passage. This Work is being funded by NRDP through the Upper Clark Fork River Restoration Fund, and TU contribution from the U.S. Forest Service (Collaborative Aquatic Landscape Restoration).

Generally, the Gardiner Diversion Improvement Project includes removal of portions of the existing infrastructure, construction of a fish-passable rock ramp over the existing diversion footprint, installation of two sluice channels for sediment management, installation of parallel array of three modular fish screens (Owner provided), installation of new Parshall flume, and reclamation and regrading of disturbed and adjacent areas.

http://www.vendorportal.mt.gov/

The Project generally consists of, but is not limited to, the following tasks:

• Construction of a bypass channel and dewatering of the Project Site on Warm Springs Creek;

• Removal of the existing diversion structure in Warm Springs Creek;

• Construction of a stable rock ramp with a buried crest liner in Warm Springs Creek;

• Installation of rock riprap on the adjacent banks of the rock ramp;

• Installation of a riprap-lined sluice channel;

• Installation of sediment sluice headgates, metal log grate, and refurbished intake structure and headgate;

• Installation of three modular Farmers Conservation Alliance (“FCA”) screens and fish return pipes;

• Regrading and realignment of approximately 50 feet of ditch immediately downstream of the FCA screens; and

• Installation of an eight-foot Parshall flume above the Lost Creek Raceway

Association entrance road.

PROJECT TIME

The Contract Times for the Work will be 130 consecutive calendar days from the date indicated in the Notice to Proceed. All work must be completed by March 31, 2027. Other key date restrictions:

• Contractor cannot begin work prior to September 10, 2026, or after water to the Gardiner Ditch is shut off when Warm Springs Creek drops below 40 cfs, whichever date is later.

• No sediment mobilizing activities will be allowed between October 15, 2026, and March 15, 2027.

PRE-BID CONFERENCE

A mandatory pre-bid conference and Project walk-through will be held at the Project site at 2:00 PM Mountain Time on July 14, 2026. All prospective bidders must attend; there will be no exceptions made. Persons with disabilities seeking accommodations may contact NRDP to make a request. The meeting location for the pre-bid conference is at the Gardiner Diversion on Warm Springs Creek (WSC), located approximately 2 miles northeast of Anaconda, Deer Lodge County, Montana.

Access to the Site is from Montana Highways 1 and 48, then north onto Galen Road for approximately 0.5 miles, then left to the Gardiner Diversion just before the Galen Road bridge crossing Warm Springs Creek.

QUESTIONS

All questions about the meaning or intent of the Contract Documents must be submitted in writing through eMACS no later than 5:00 P.M. Mountain Time on July 17, 2026. To enter a question, Bidders must log into eMACS using their registration ID and password, access the event listing for this Project, and select the “Q & A Board” option from the menu on the lower left side of the page, then select the “Ask a Question” tab on the upper right side of the page. All questions submitted, and any answers posted by Owner, may be viewed by all prospective bidders. Please note that this is different from the “Questions” tab for the event, which requires prospective bidders to provide information or certifications.

Responses to bidder questions will be posted to the Q & A Board on or about July 22, 2026.

Only answers posted by Owner to eMACS will be binding. Bidders are responsible for checking eMACS for updates and any Addenda prior to submitting a Bid.

MISCELLANEOUS

Owner has entered into an access agreement with Landowners for Contractor to access the Project Site (EXHIBIT B of the Special Provision). Contractor must abide by the stipulations and requirements of access agreement, please see Special Provisions Exhibit

1. Failure to do so will result in termination of Contract.

Each Bid must be accompanied by bid security as specified in the Instructions to Bidders;

this may be submitted electronically. Successful Bidder will be required to furnish a hard copy of both a performance bond and a payment bond, each in the amount of 100 percent (100%) of the Contract amount, on the respective forms provided. Successful Bidder will be required to furnish certificate(s) of insurance, in the amounts and forms specified in the Supplementary Conditions, as well as a current and complete U.S. Internal Revenue Service W-9/W-8 Form and EFT.

Owner reserves the right, in its sole discretion, to cancel this procurement solicitation, to reject any and all bids, to postpone or refuse to award a contract, to consider the bid of another bidder, to waive any and all informalities, and to take any other action it deems in the best interests of the State of Montana.

NATURAL RESOURCE DAMAGE PROGRAM

By: NRDP Program Administrator

END OF SECTION

Instructions to Bidders

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – COPIES OF BIDDING DOCUMENTS

1.01 Bidder can register for eMACS and obtain complete sets of the Bidding Documents on the eMACS site through the following link: http://www.vendorportal.mt.gov/ For assistance with eMACS functionality, such as vendor registration, responding to events, contact the eMACS Help Desk, 406-444-2575, emacs@mt.gov.

1.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

1.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 2 – QUALIFICATIONS OF BIDDERS

2.01 To demonstrate the Bidder’s qualifications and availability to perform the Work, Bidder will be required to submit, as part of its Bid, the Information Required of Bidders section included in the Bidding Documents and all other information required of Bidders during the eMACS bid submittal process.

2.02 If not otherwise submitted with its Bid, Successful Bidder must submit the following within seven (7) calendar days of an Owner request: written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

2.03 If not otherwise submitted with its Bid, the Successful Bidder must submit the following additional information within seven (7) calendar days after the close of the bidding period:

A. Evidence of Bidder’s authority to do business in the State of Montana as evidenced through current registration with the Montana Secretary of State.

B. Subcontractor and Supplier qualification information; coordinate with provisions of Article 9 of these Instructions, “Subcontractors, Suppliers, and Others.”

C. Any information missing from the Information Required of Bidders.

2.04 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

2.05 No requirement in this article to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

2.06 Bidder is advised to carefully review those portions of the eMACS bid submittal process requiring Bidder’s representations and certifications, including the Information Required of Bidders.

http://www.vendorportal.mt.gov/

ARTICLE 3 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

3.01 Site and Other Areas

A. The Site is identified in the Bidding Documents, and includes rights-of-way, easements, and other lands to which Owner arranges Contractor access. Contractor may not use or occupy any property outside the construction limits designated in the Contract Documents without prior Owner approval. Owner approval can only be granted upon consent of the property owners or other entities controlling the Site.

3.02 Existing Site Conditions

A. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, Hazardous Environmental Conditions, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Article 5 of the General Conditions.

3.03 Site Visit and Testing by Bidders

A. Bidders must attend any mandatory pre-bid conference and are encouraged to conduct a Site visit and perform all field investigations at their disposal to become acquainted with the physical location and nature of the work. Bidder must comply with all applicable health, safety and legal requirements during site visits or testing.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. If requested by a Bidder, Owner will attempt to arrange additional access to the Site.

Bidder must clearly identify the date, times, and all additional examinations, investigations, explorations, tests, and studies that Bidder deems necessary for preparing and submitting a successful Bid (at Bidder’s sole expense). Owner is not obligated to grant access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s ability to obtain access to the Site.

Owner may deny any proposed examination, investigation, exploration, test, or study which Owner determines to be unreasonable.

D. For any approved investigations, Bidder must comply with all Laws and Regulations regarding excavation and location of utilities, obtain all permits unless otherwise specified, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. If Bidders wish to excavate test pits, the excavations will be limited to the vicinity of those areas specified on the Drawings to be excavated. Excavations in paved areas will not be allowed without written permission from the Owner. Excavations must be backfilled in a uniform manner and graded to the original ground surface line and grade, and surface conditions must be restored as close as possible to original condition unless otherwise specified. Backfill in unpaved streets, parking areas, or alleys must be compacted as specified in the Contract Documents and surfaced with four inches of new or existing gravel.

E. Bidder must fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, studies or other operations related to any additional access granted by Owner.

ARTICLE 4 – BIDDER’S REPRESENTATIONS

4.01 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, utilities, roads, climatic conditions and seasons, physical conditions at the Site and Project area as a whole, Site topography and ground conditions, and equipment and facilities needed prior to and during execution of the Work;

C. Become familiar with and satisfied as to all Laws and Regulations and permits that may affect cost, progress, and performance of the Work;

D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Bidding Documents, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Bidding Documents, especially with respect to Technical Data in such reports and drawings;

E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. Promptly submit through the eMACs Q&A Board written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents, and confirm that the written response is acceptable to Bidder;

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and

J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

K. Understand that this is a public works project. Neither Contractor, nor any of its subcontractors, suppliers, materialmen, or employees, nor anyone on behalf of any of them, may file any kind of levy or lien, whether construction lien, mechanic’s lien, or any other type of lien, levy, or encumbrance, against this Project or any of the Work that will be accomplished on it. Contractor commits that it will so inform its potential subcontractors, suppliers, and materialmen of this requirement, informing them that, if they do not so agree, Contractor will not allow them to perform Work on, or provide supplies or materials for, this Project. Any claims against the performance or payment bonds by subcontractors, suppliers, materialmen, or employees are governed by the terms specified therein, and by §18-2-201 et seq, MCA.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-Bid conference will be held at the time and location stated in the Invitation to Bid.

Representatives of Owner and/or Engineer will be present to discuss the Project. Engineer may transmit to all prospective Bidders through eMACS such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements cannot be relied upon and will not be binding or legally effective.

ARTICLE 6 – INTERPRETATIONS AND ADDENDA

6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Owner in writing through the eMACS Q&A Board by the date and time stated in the Invitation to Bid. Interpretations or clarifications necessary to respond to such questions will be posted on eMACS. Questions received after the specified time will not be answered. Oral interpretations or clarifications are without legal effect.

6.02 Written interpretations or clarifications may be issued to clarify, correct, supplement, or change the Bidding Documents. Bidders are responsible for checking eMACS for Owner responses or Addenda prior to submitting a Bid.

6.03 Any written Owner response issued during the time designated for bidding must be covered in the Bid and included in the Contract Price in the Agreement. Any Bid in which all information from written Owner response or addenda is not incorporated may be determined incomplete by Owner.

ARTICLE 7 – BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent (10%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates). The Bid security may be in the form of a bid bond or other form of security specified in §18-1-302, MCA. Bid bonds must appear on the form included in the Bidding Documents and be issued by a surety authorized to do business in Montana. Properly executed Bid Bonds including all required information may be uploaded in PDF format to eMACS. Any Bond that is signed by an agent, including an attorney-in-fact, must be accompanied by a certified copy of such agent's authority to act on behalf of Surety. No Bid will be considered unless it is accompanied by the required Bid security.

7.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and Successful Bidder has signed the Contract Documents, furnished the required contract security and insurance, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder defaults on its obligations, Owner may claim the entire Bid security of that Bidder.

7.03 If the Successful Bidder fails to execute and deliver the Agreement and furnish the required bonds, insurance and any other specified prerequisites within the time specified in the Notice of Award, or within 14 calendar days if not specified in the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the entire Bid security of that Bidder will be irrevocably forfeited to Owner as liquidated damages for such failure or neglect, and to indemnify Owner for any loss which may be sustained by failure of Bidder to execute the Agreement. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

7.04 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid bonds furnished by those Bidders will be released upon request, and other forms of bid security will be returned.

ARTICLE 8 – SUBSTITUTE AND “OR-EQUAL” ITEMS

8.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute, or materials and equipment, subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within the time specified for receipt of questions. Each such request must comply with the requirements of Paragraphs 7.04 and

7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in a written Addendum issued to all prospective Bidders. Bidders may not rely upon approvals made in any other manner.

ARTICLE 9 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

9.01 Bidders must include Subcontractor and Supplier information as specified on the Information Required of Bidders Form or elsewhere in the Bidding Documents. Owner may request that the apparent Successful Bidder provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity.

9.02 If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

9.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to execution of the Agreement will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

9.04 A Bidder must be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work, if required by the Bidding Documents to do so.

If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

ARTICLE 10 – PREPARATION OF BID

10.01 A Bid by a corporation must be executed in the corporate name by an authorized corporate officer (whose title must be included where specified in the Bid), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

10.02 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

10.03 A Bid by an individual must show the Bidder’s name and official address.

10.04 A Bid by a joint venture must be executed by an authorized representative of each joint venture party in the manner indicated in the Information Required of Bidders. The official address of the joint venture must be shown.

10.05 All names must be printed in ink below the signatures if so provided on the forms.

10.06 Postal and e-mail addresses and telephone number(s) for communications regarding the Bid must be shown.

10.07 The Bid must contain evidence of Bidder’s authority and qualification to do business in the State of Montana, or Bidder must covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Proof of current registration as a legally recognized business entity with the Montana Secretary of State constitutes minimum evidence of authority and qualification to do business in the state, unless Bidder is disqualified due to inclusion on any state or federal debarred, excluded, or suspended vendor list. Bidder’s current Montana Contractor’s license number must also be shown on the Information Required of Bidders, or Bidder must covenant in writing to obtain such license prior to award of the Contract and attach such covenant to the Bid.

ARTICLE 11 – BASIS OF BID

11.01 Unit Price and/or Lump Sum

A. Bidders must submit a Bid on either a unit price basis or a lump sum basis as indicated for each item of Work listed in the Items heading in eMACS.

B. The Bid will not be considered unless the Items heading in eMACS is complete, containing all unit prices and/or lump sum prices for each Bid item. The Information Required of Bidders must be manually signed.

C. The “Bid Price” (sometimes referred to as the extended price) for each Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the eMACS Bid Items) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

D. Estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid Items will be based on actual quantities, determined as provided in the Contract Documents;

ARTICLE 12 – SUBMITTAL OF BID

12.01 Submit Bids by logging into eMACS using your firm’s eMACS registration ID/password and accessing the solicitation listing for this Project. Bidders must respond to all prerequisites, questions, items, and any other instructions regarding uploading documents and providing required information. Please note that the Questions heading is different from the Questions and Answers (the Q&A Board) heading in eMACS, and both are required for Bidder to review and/or provide a required response.

12.02 Bidders, especially those unfamiliar with the eMACS system, are strongly encouraged to submit Bids well before the submittal deadline to ensure successful upload. Submitted Bids cannot be viewed by Owner or others prior to the close of the submittal period, and Owner cannot verify if any submittal is complete prior to that time.

12.03 Bidders are cautioned that it is the responsibility of each individual Bidder to ensure that its Bid is submitted in eMACS before the close of the bidding period. Owner is not responsible for Bids delayed by system, technical, or other uploading problems of any nature, although Owner may determine to extend the bidding period in the event of a lengthy widespread eMACS outage. Bidders are cautioned to submit their Bids with sufficient time to allow for resubmission in the case of system failure, power outage, or other unforeseen circumstance that prevents uploading a Bid. Bidders experiencing difficulties uploading should immediately contact eMACS support by email at emacs@mt.gov but should realize that assistance may be limited due to circumstances out of Owner’s control.

12.04 Bids received after the date and time prescribed, or not submitted through eMACS, will be deemed nonresponsive, and will not be accepted. A Bid will not be considered unless accompanied by the proper Bid Security. The Bidder is absolutely responsible for submittal of the Bid by the required time, and late bids will not be considered.

ARTICLE 13 – MODIFICATION AND WITHDRAWAL OF BID

13.01 A Bid submitted through eMACS may be withdrawn by contacting NRDP’s single point of contact, Meranda Flugge at meranda.flugge@mt.gov received prior to the time the eMACS event closes. The Bid Security of any Bidder withdrawing its Bid in accordance with the foregoing conditions must be returned.

13.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in this Article and submit a new Bid prior to the date and time for the opening of Bids.

13.03 Any Bid or modification received after the time and date specified will not be considered. No Bidder may withdraw its Bid after the scheduled time for public opening of the Bids.

ARTICLE 14 – CLOSE OF BIDDING PERIOD

14.01 Bids will become visible in eMACS upon the time indicated in the Invitation to Bid for the close of the bidding period and will be evaluated by Owner shortly thereafter. Bid tabs of the amounts of the base Bids and major alternates, if any, may be made available to Bidders after the close of the bidding period.

ARTICLE 15 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

15.01 All Bids will remain subject to acceptance for sixty (60) days, but Owner may, in its sole discretion, release any Bid and release the Bid security prior to the end of this period.

ARTICLE 16 – EVALUATION OF BIDS AND AWARD OF CONTRACT

16.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner determines, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive;

provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

16.02 If Owner awards the Contract for the Work, such award must be to the responsible Bidder submitting the lowest responsive Bid.

16.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

16.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

16.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

16.06 Owner reserves the right, in its sole discretion, to cancel this contract solicitation, to reject any and all Bids, to postpone or refuse to award the Contract, to consider the Bid of another Bidder, to waive any and all irregularities, and to take any other action it deems to be in the best interests of the State of Montana. The reasons therefore must be made a part of the contract file. This reservation of rights to reject any and all Bids, specifically includes, but is not limited to:

A. The right to disregard and reject any and all Bids that Owner determines are not in compliance with the requirements set out in these Instructions to Bidders.

B. The right to disregard and reject any and all Bids that Owner determines to be untimely, nonconforming, nonresponsive or conditional.

C. The right to disregard and reject any unbalanced Bid (a Bid which includes for any item a Bid Price that is considered abnormally low or high).

D. The right to reject the Bid of any Bidder that Owner determines to be unqualified.

E. The right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy Owner that such Bidder is properly qualified and likely to carry out the obligations of the Contract Documents and to satisfactorily complete the Work contemplated therein.

F. The right to reject the Bid of any Bidder that Owner determines is not a responsible Bidder, as outlined in Article 16.07 below.

16.07 If it is to be awarded, the Contract will be awarded to the lowest responsible and eligible responsive Bidder (Successful Bidder) without regard to residency. Any determination of “nonresponsibility” will be made in accordance with the language of §18-4-308, MCA, applicable Administrative Rules of Montana, and with the terms of the Instructions to Bidders. The term "lowest responsible and responsive Bidder" as used herein must mean the Bidder whose Bid is the lowest of those Bidders possessing the demonstrated skill, ability and integrity necessary for the faithful and complete performance of the Work and meeting all other requirements set forth herein.

A. To be considered a responsible Bidder, Bidder must have:

1. Financial resources, technical qualifications, experience, organization and facilities adequate to carry out the Project, or a demonstrated ability to obtain these;

2. Resources to complete the Work within the Contract Time specified in the Agreement;

3. A satisfactory performance record for completion of the Agreement.

B. Owner also may determine a Bidder is not a responsible Bidder on the basis of many factors, including, but not limited to, the following:

1. Uncompleted work on any current contract that Owner determines might hinder or prevent the prompt completion of the Work contemplated by the Contract Documents;

2. Conduct which would constitute a default under any previous contracts (even if that owner did not declare contractor to be in default);

3. Failure to pay within the timeframes required by law, all bills due for labor and materials on any current or previous contract(s);

4. Unsatisfactory performance on a previous or current contract(s), including but not limited to:

a. Failure to comply with specifications;

b. Failure to work cooperatively with an Owner or Owner’s oversight personnel;

c. Failure to complete work within the contract time;

d. Failure to adequately manage the construction site in accordance with contractor’s bid and proposed work schedule; and,

e. Failure to comply with applicable legal requirements.

ARTICLE 17 – BONDS, INSURANCE AND W-9

17.01 Upon notification that Bidder is the lowest responsive and responsible Bidder, Bidder must deliver to Owner all documents listed in the Notice of Award, including original hard copies of the Contract security (e.g., performance and payment bonds) using the forms provided, insurance documentation as specified in the Agreement, W-9 Form, and Completed Electronic Funds Transfer (EFT) sign-up form, if your organization has not already provided one to the State or changes are needed to previously provided information. These documents can be delivered to Owner via email, however, original hard copies of the required bonds must also be provided to Owner.

ARTICLE 18 – SIGNING OF AGREEMENT

18.01 Upon receipt of all required documents, Owner will route the Agreement for signature through eMACS Total Contract Manager, using docusign.

18.02 Owner reserves the right in its sole discretion to postpone or refuse to issue the Notice to Proceed or to take any other action it deems to be in the best interests of the State of Montana. In such case, the decision to postpone or refuse to issue the Notice to Proceed will be treated as a decision by Owner to suspend the Work under Paragraph 16.01 of the General Conditions or to terminate the Contract for Owner's convenience under Paragraph

16.03 of the General Conditions, whichever is most appropriate. If Owner and Contractor cannot mutually agree to an equitable settlement for reimbursement of the reasonable expenses directly attributable to suspension or termination of the Work, the claim or dispute must be submitted to Engineer with a request for an informal decision pursuant to the provisions of Paragraph 12.01 of the General Conditions

ARTICLE 19 – MISCELLANEOUS

19.01 COLLUSION PROHIBITED: The Bidder's signature on its Bid guarantees the prices quoted have been established without collusion with other eligible Bidders and without effort to preclude the Owner from obtaining the lowest possible competitive price.

19.02 PROTEST PROCEDURE: Bidders may protest a solicitation or award of a contract determined to be in violation of law. The protest must be in writing and explain in detail all of the protester’s objections. A protest involving the solicitation or award of a contract must follow the provisions of § 18-4-242, MCA, except that protests must be made to the NRDP Program Administrator. Owner is under no obligation to delay, halt or modify the procurement process due to a protest.

19.03 SETTLEMENT PROCEDURES AS CONDITIONS PRECEDENT TO SUIT: The claims and resolution procedures set forth in Articles 12 and 17 of the General Conditions are the Owner’s contractual, administrative procedures under §18-1-402, MCA, for settlement of any question, claim, dispute or other matter arising between Owner and Contractor under the Contract Documents. Engineer’s informal and formal decisions are conditions precedent to any exercise by Owner or Contractor of such rights and remedies as either might otherwise have under the Contract Documents or at Law or in Equity with respect to any question, claim, dispute or other matter arising under the Contract Documents.

19.04 CHOICE OF LAW & VENUE: Any claim or dispute arising out of this solicitation must be governed by the laws of Montana. The parties agree that any litigation concerning such claim or dispute may only be brought in the First Judicial District in and for the County of Lewis & Clark, State of Montana.

19.05 FUEL PRICE ADJUSTMENT: For Contracts with Contract Days exceeding 180 days, a fuel price adjustment is available. Contractor may elect to use a fuel price adjustment by notifying Owner in writing prior to the Notice to Proceed. Contractor must submit the Fuel Price Adjustment Form 15 days prior to the start of construction. See Agreement for additional details.

END OF SECTION

Information Required of Bidders - 1 of 7

INFORMATION REQUIRED OF BIDDERS

Bidder will furnish the following information as specified in the Instructions To Bidders and as required below. Failure to do so will render the Bid unresponsive and may result in rejection of the Bid. Completion of this Information Required of Bidders does not alone satisfy the requirements for a complete Bid submittal. Attach additional pages if needed.

1. Contractor’s name and address:

2. Contractor’s telephone number:

Mobile Phone:

Email:

3. Contractor signatory and liaison (if different from above):

Name:

Mobile Phone:

Email:________________________________________________________________________

4. Names and titles of major officers of Contractor’s firm:

5. Name of Contractor’s representative who inspected the site:

Date of Inspection: ______

6. Name, address, email and telephone number of Surety Company and agent who will provide required bonds for this contact if awarded (include all if more than one):

7. Contractor shall have completed at least three projects of similar size using similar design concepts, structures, and materials within the last five years. List at least

Information Required of Bidders - 2 of 7 three construction contracts completed by the Bidder during the last five years involving similar work for which Bidder was the prime contractor (Attach additional information if needed). Similar work shall be experience implementing fish passage projects utilizing natural channel design techniques. The following examples of similar work are not exhaustive:

• Experience working with irrigation infrastructure;

• Experience with fish passage structures;

• Experience working with cast-in-place concrete, rock riprap, headgates, and roads;

• Protection of aquatic resources, riparian vegetation and fish and wildlife habitat;

• Use of equipment or systems with GPS capability to achieve compliance with horizontal and vertical tolerances;

• Use of appropriate equipment and construction techniques to minimize disturbance to sensitive environments.

8. Also list all projects Bidder is currently working on. List all projects completed for

NRDP and all projects completed for the State of Montana in the last five years. For each project listed, include the names, addresses, telephone numbers, and email addresses of the owners, engineers or their representatives most familiar with the project and the project superintendent for Contractor. State the approximate dates of the project and the approximate cost of each project, along with the total amount of change orders.

In contacting references, NRDP reserves the right to ask any relevant questions related to evaluating the information and criteria outlined in Article 16– EVALUATION OF BIDS AND AWARD OF CONTRACT of the Instructions to Bidders.

a) Project:

Project Contact:

b) Project:

c) Project:

Information Required of Bidders - 3 of 7

d) Project:

e) Project:

f) Project:

9. Describe a proposed approach to accomplish the work. The approach shall include a narrative of how the work will be performed including project management, quality control, construction sequencing, site logistics, materials sourcing and types of equipment to be used. You may attach a separate sheet, if needed.

10. Provide a schedule outlining tasks and milestones to accomplish the work within the designated construction timeframe. You may attach a separate sheet, if needed.

11. Bank reference. List Bidder’s Bank, Contact, telephone number and email address:

Information Required of Bidders - 4 of 7

12. Have you ever failed to complete any contract awarded to you?

If so, where, why and for whom?:

13. Have you ever defaulted on a contract?

If so, where, why and for whom?

14. Have you ever had a project terminated by the owner?

If so, where, why and for whom?:

15. Are you involved in any lawsuits or are any lawsuits pending at the present time regarding the completion of any project you worked on?

If yes, give the details:

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?

17. List the name of the proposed resident project superintendent:

18. Attach a resume of the proposed resident project superintendent, including a list and description of projects on which this individual was project superintendent in the past five years, along with the name, email address, and telephone number of each project owner representative most familiar with the details of the project.

19. Due to the type and nature of the Work, Contractor must demonstrate that at least one equipment operator tasked to construct the Rock Ramp features/structures has experience on similar project using similar design concepts. Contractor may designate another operator without such training or experience to construct test structures, if the qualified operator is on Site at all times during the Work and is

Information Required of Bidders - 5 of 7 readily available and authorized to supervise this work. Contractor type of projects dates, location, and project references for each designated operator:

20. List Subcontractors and Suppliers (services or supplies over $10,000 only) who will work on this Project, including each name, business address, contact, phone number, and contractor’s license number (if applicable), along with the nature and approximate value of work assigned to each. No changes or substitutions will be allowed without written approval of the Owner. Attach additional pages if needed.

Name: Value:

21. Bidder will list below the name(s) of the primary equipment operator(s) who will work on the job, with specific references for their prior work. Attach additional pages if needed.

Name: Reference:

Name: Reference:

Name: Reference:

Name: Reference:

Name: Reference:

22. Bidder will indicate its general availability to complete the Work within the timeframe anticipated for the Contract Times. Attach additional pages if needed.

Information Required of Bidders - 6 of 7

23. Please list your construction contractor license number with the Department of

Labor and Industry under sections 37-45-201, MCA. The State cannot execute a contract for construction to a Contractor who is not licensed.

BIDDER CERTIFIES THAT:

a. Nondiscrimination Against Firearms Entities/Trade Association. For all

Contract values $100,000 or above and where Bidder has at least 10 full-time employees, Bidder certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and if awarded, Bidder shall not discriminate during the term of the contract against a firearm entity or firearm trade association. This section shall be construed in accordance with § 30-20-301, MCA.

b. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

c. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

d. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

e. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

i. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

ii. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner,

(b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

iii. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

iv. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

f. No official of the Owner, Engineer, or any member of such official’s immediate family has direct or indirect interest in the pecuniary profits or Contracts of the Bidder.

g. The Bidder’s firm and the firm’s principals are not debarred or suspended under any state or federal law, or otherwise ineligible to receive any Montana public works contracts of subcontracts pursuant to §18-2-432 (2), MCA.

h. Bidder has complied with all requirements of the Instructions to Bidders.

Information Required of Bidders - 7 of 7

CERTIFICATION

By signing below, Bidder certifies that the supplied information is true and correct, and Bidder authorizes any listed person, firm or corporation to furnish any information requested by the Owner to verify Bidder’s qualifications and check references. Bidder further agrees that it will not bring suit in any court of law for any information furnished to Owner in good faith by said parties or persons responding to Owner’s requests for information concerning Bidder’s qualifications.

Signature of Bidder Date

Printed Name:

Title:

END OF INFORMATION REQUIRED OF BIDDERS

Page 1 of 3 Montana Natural Resource Damage Program – Bid Bond Form (V.2026)

BID BOND

Gardiner Diversion Improvements Project, Proposed NRDP Contract No. 700204

, as Bidder and Principal, and (Name of Contractor)

, as Surety, a (Name of Surety) corporation duly organized under the laws of the State of and licensed to do business in the State of Montana, are held and bound unto the State of Montana, Natural Resource Damage Program (“Obligee” or “Owner”) in the sum of ten percent (10%) of the total amount bid, for payment of which the Bidder and Surety bind themselves, jointly and severally.

Surety and Bidder understand and agree that this Bond has been requested, and is given, as bid security under the provisions of §§18-1-201 et seq. and §18-2-302, MCA. This Bond is submitted as a condition precedent for Obligee's consideration of Bidder's bid, as evidence of Bidder's good faith (e.g., complying with Obligee’s bid procedures, such as providing bid documentation), and to fully indemnify the Obligee for Obligee's…