Current through Register Vol. 18, September 20, 2024
(1) Public works
contracts for construction services where the total contract price is more than
$25,000 are subject to standard prevailing wage requirements, and include
building construction, heavy construction, and highway construction.
(2) 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.
(a) Work performed in new or reopened pits
that produce aggregate, asphalt, concrete or backfill when the pit does not
normally sell to the general public that is incidental to the project is
considered part of the construction phase.
(b) Examples of building construction
include, but are not limited to, alterations and additions to buildings,
apartment buildings (five 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 structures (buildings only), 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 (buildings only), 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) Projects involving
the construction, alteration, or repair of single family individual dwelling
units, houses, or apartment buildings of not more than four stories in height
and consisting of not more than eight living units, are not subject to the
prevailing wage rates.
(3) Highway construction projects include,
but are not limited to, the construction, alteration, or repair of roads,
streets, highways, runways, taxiways, alleys, trails, paths, and parking areas,
bridges constructed or repaired in conjunction with highway work, and other
similar projects not incidental to building construction or heavy construction.
(a) Work performed in new or reopened pits
that produce aggregate, asphalt, concrete or backfill when the pit does not
normally sell to the general public that is incidental to the project is
considered part of the construction phase.
(b) Highway construction projects include,
but are not limited to, alleys, base courses, bituminous treatments, bridle
paths, concrete pavement, curbs, excavation and embankment (for road
construction), fencing (highway), grade crossing elimination (overpasses or
underpasses), guard rails on highways, highway signs, highway bridges
(overpasses, underpasses, grade separation), medians, parking areas ,
resurfacing streets and highways, roadbeds, roadways, runways, shoulders,
stabilizing courses, storm sewers incidental to road construction, street
paving, surface courses, taxiways, trails, and utility rights-of-way, along
with the staging yards located on or off the right-of-way.
(4) Heavy construction projects include, but
are not limited to, those projects that are not properly classified as either
"building construction" or "highway construction."
(a) Work performed in new or reopened pits
that produce aggregate, asphalt, concrete or backfill when the pit does not
normally sell to the general public that is incidental to the project is
considered part of the construction phase.
(b) 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 structures (other than buildings), industrial incinerators (other
than buildings), 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), pipelines, ponds, power plants and powerhouses (other
than buildings), 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.
AUTH:
18-2-431,
MCA; IMP:
18-2-401,
18-2-413,
18-2-414,
MCA
