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HomeMy WebLinkAbout16- Contract Documents - Highland Construction Services, LLC - Bozeman Creek Enhancement at Bogert Park Set No, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF BOZEMAN CREEK ENHANCEMENT AT BOGERT PARK BOZEMAN, MONTANA p N TA FOR TY A. ` TRAXLER p No. 19417PE ujThe City of Bozeman -��.•t�o � ti° � �' July 2016 ��urr+nn11I1����. inGrnsiK TDcH- g En meerin ARCHITECTURE g. 9 visa WDESIGN.S �^"`' ni L•:avlroamc>tit�i Services CONFLUENCE landscape architecture n : o r v 0 , .t I P. ti LiNISHKIAN MONKS CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Bozeman Creek Enhancements at Bogert Park Separate sealed bids for construction of the Bozeman Pond Park Expansion will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, August 2, 2016 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid The physical address is: City Clerk's Office, Suite 202, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2:00 p.m., local time, August 2, 2016. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Clearing and grubbing, earthwork, tree and play equipment removals, stream channel re-alignment; installation of erosion controls, stream bank reinforcement with bio- engineered methods, riparian and upland landscaping, irrigation revisions, pedestrian bridge, playground items, and related site work. The Contract Documents may be examined or obtained at the office of the City of Bozeman Parks Department, 415 N. Bozeman Ave., Bozeman, Montana 59715, 406- 582-2908, in accordance with the Instruction to Bidders. Required deposit is $20.00 per set, which is not refundable. Electronic files may be obtained upon request. There will be a MANDATORY Pre-Bid Conference at the Bogert Park Pavilion, located off S. Church Avenue at East Curtiss Street in Bozeman, MT at 1:00 PM, THURSDAY, JULY 21, 2016. Interested CONTRACTORS are required to attend or send a representative. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must Section 00100 INVITATION TO BID—BOZEMAN CREEK ENHANCEMENTS AT BOGERT PARK Page 1 of 2 have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m., local time, August 2, 2016. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this, 14t" day of July, 2016. Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana, July 10, 2016 July 17, 2016 Section 00100 INVITATION TO BID—BOZEMAN CREEK ENHANCEMENTS AT BOGERT PARK Page 2 of 2 CONSTRUCTION SPECIFICATION INDEX The governing specifications for this work that are incorporated into this project by reference are: • The Montana Public Works Standard Specifications (MPWSS), Sixth Edition, 2010 (Excluding Part 4 of each section, Measurement and Payment) • City of Bozeman(COB) Modifications to Montana Public Works Standard Specifications, Sixth Edition,with most recent amendments. ® The above documents may be further modified by the specification sections contained within this document. ® In the case of contradicting requirements, the most stringent specifications shall apply. Bidding Requirements, Contract Forms and Conditions of the Contract Invitation to Bid Section 00100 Instruction to Bidders Section 00200 Bid Form Section 00300 Non-Discrimination Affirmation Form City of Bozeman Form Corporate Resolution Section 00400 Agreement Form Section 00500 Notice of Award Attachment A Notice to Proceed Attachment B Certificates of Insurance A-1 —A-2 Performance Bond A-3 —A-6 Payment Bond A-7—A-11 Montana Prevailing Wage Rates for Heavy Construction (Latest Version) Section 00600 Standard General Conditions of the Construction Contract Section 00700 Supplementary Conditions to the General Conditions Section 00810 Contractor's Application for Payment Form C-620 Certificate of Substantial Completion Form C-625 Work Change Directive Form C-940 Change Order Form C-941 Field Order Form C-942 Order to Suspend Work Form OSW Order to Resume Work Form ORW All other divisions and requirements also apply. In addition to the technical specifications included by reference (listed at top of this index) the following technical specifications also apply to this project Division 1-General Requirements Special Provisions Section 01000 Field Engineering Section 01050 Permits Section 01060 Contractor Quality Control and Owner Quality Assurance Section 01400 Construction Traffic Control Section 01570 Division 2-Site Work Clearing and Grubbing Section 02105 Earthwork Section 02250 Rock Revetment Section 02255 Soil Encapsulated Coir Lifts Section 02260 Geotextile and Erosion Control Fabric Section 02925 Turf and Grasses Section 02930 Exterior Plants Section 02940 Irrigation System Section 02950 Play Equipment and Structures Section 02960 Permits The Owner has attached pertinent permits at the end of this document, for the bidder's reference. t INSTRUCTIONS TO BIDDERS BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. BID REQUIREMENTS The Bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no change in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents contained herein, all of which contain provisions applicable not only to the successful Bidder, but also to his subcontractors. EXAMINATION Examine documents and conditions at existing site carefully. No extra payments will be given for conditions which can be determined by examining documents and existing conditions. QUESTIONS Submit to Engineer. Replies will be issued to Bidders of record as addenda. Engineer and Owner shall not provide nor be responsible for any oral clarification. PROPOSAL 1. The Bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. COBMODS 6-" Edition Page 1 of 3 INSTRUCTION TO BIDDERS 2. Proposals shall be in a sealed envelope and addressed to: Clerk of Commission City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: a. Name of Project b. Name of Contractor C. Montana Certificate of Contractor Registration Number e. Acknowledge Receipt of Addendum No.:_,_,_, f. In the lower left-hand corner of the envelope print of type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M., on August 2, 2016. 3. Proposals shall be made in accordance with the following instructions: a. Submit one copy of the complete bound documents in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. b. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. d. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. e. The proposal form shall contain no addition, conditions, stipulations, erasures, or other irregularities. f. The proposal must acknowledge receipt of all addenda issued. g. The proposal must be signed in ink and display the Bidder's name, address, and correct Montana Contractor's Registration Number. SIGNING OF BIDS a. Bids which are not signed by individuals making them shall have attached thereto a Power of Attorney evidencing authority to sign the bid in the name of the person for whom it is signed. b. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by any attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a Power of Attorney evidencing authority to sign the bid. C. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: COBMODS 6`" Edition Page 2 of 3 INSTRUCTION TO BIDDERS By: Corporate Seal: Title: d. If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any Bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three (3)working days following the bid opening or no consideration will be given to the telegraphic modification. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful Bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner as liquidated damages for such failure or refusal, the security deposited with his bid, as provided in 18-1-204 Montana Code Annotated. GROSS RECEIPTS WITHHOLDING In accordance with Section 15-50-206, Montana Code Annotated, the City of Bozeman must withhold one percent (1%) of incremental payments due the Contractor for remittance to the Department of Revenue for any contracts greater than $5,000.00. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. COBMODS 6'" Edition Page 3 of 3 INSTRUCTION TO BIDDERS SECTION 00300 BID FORM PROJECT IDENTIFICATION: Bozeman Creek Enhancement at Bogert Park City of Bozeman, Gallatin County,Montana THIS BID SUBMITTED TO: Clerk of Commission Cites 121 N. Rouse Avenue PO Box 1230 Bozeman, MT 59771-1230 1.01 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instruction to Bidders, including without limitations, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty(60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 00300 BID FORM Page 1 of 7 3.01 in submitting this Bid,Bidder represents, as set forth in the Agreement,that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged the following Addenda: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost,progress, and performance of the Work. D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if + any, which has been identified in the Special Provisions as provided in paragraph 4.06 of the -� General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance of the Work at the prices(s)bid and within the times and in accordance with any other terms and conditions of the Bidding Documents. G. Bidder is 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. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. Section 00300 BID FORM Pace 2 of 7 v - givenbiguities, or ENGINEER written notice of all conflicts,andetherwritten resolution I, Bidder has discrepancies that Bidder accedtable to Bidder. the bidding Documents, thereof by ENGINEER is p convey J. The Bidding Documents are generally sufficient to indicateh this Bid is su understanding ders dnding of all terms and conditions for the performance of the Work or this Bid is genuine and not made in the interest of or on 4.01 Bidder further represents thatconformity of an undisclosed individual or entity and is no r co oration; Bidden h s behalf y not directly agreement or rules of any group, association,organization o corp ectl induced or solicited any other Bidder to submit a frBand Bidder has not Bidder has not alse or sham or y solickiteite d or induced any person, firm or corporation to re aiom bidd'g; t b collusion to obtain for itself any advantage over any other Bidder or over OWNER. sough y R certifies that no official of the OWNER, ENGINEERaor rofitny s1or1Contracts of f ber of such The BIDDER � official's immediate family,has direct or indirect interest m the pecuniary � the BIDDER. mplete the Work in accordance with the Contract Documents for the 5.01 The Bidder will c following price(s): ESTIMATED UNIT TOTAL SCHEDULE UANTITY UNIT PRICE $ $RICE $ 10 DESC TION Lump NO. Channel and Bri a Lum Sum $ $ Rain Garden Sum $ $ 2 Lump 3 Stream Access and Tr is Lum Sum $ 4 Pla ground and Benches 52 EA $ $ io 5 Trees, In Place 299 EA $ $ g Shrubs, In Place Lump Sum $ $ 7 Buck and Pole00 Fence 00 i TOTAL ESTIMATED BID PRICE (Schedules 1 though(Figures) io WA TOTAL ESTIMATED BID PRICE (Schedules 1 though 7) $ (Words) of the 't Prices have been computed in accordance with Paragraph 11.03.B, A. Um - General Conditions. that estimated quantities are not guaranteed, and are items will beely for based B. Bidder acknowledges the purpose of comparison of Bids, and fins 1 all Cont acrpoc Bid items on actual quantities provided,determined a provided in the Section 00300 BID FORM Page 3 of 7 ....:...... ATTACHMENT "A" REVISED BID SCHEDULE FOR BOZEMAN CREEK ENHANCEMENT AT BOGERT PARK EXPANSION PROJECT SCHEDULE UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE PRICE$ 1 CHANNEL AND BRIDGE LUMP sum $,j Y0 oaCU 2 RAIN GARDEN LUMP SUM $ VC)o . 3 STREAM ACCESS AND TRAILS LUMP SUM $ $ 5 4 PLAYGROUND LUMP SUM $ S �Q ei 5 TREES, IN PLACE 5.A PACIFIC WILLOW- 10 GAL POT 3 EA $ $ 5.B QUAKING ASPEN 1 1/2"MIN. B&B 13 EA $ /`I S ,` $ 6d c S.0 BLACK COTTONWOOD 1 1/2" MIN. B&B 33 EA $ a66 $ 6 -61 ad . 5.D SPECKLED ALDER 1 1/2"MIN.B&B 3 EA $ $ (�®C , 6 SHRUBS, IN PLACE 6.A COMMON CHOKECHERRY-5 GAL POT 9 EA $ {-/0 $ `j 6.B WOOD'S ROSE 27 EA $ 416 �� $ ! d welCIO 6.0 BEBB/BOOTH WILLOW- 5 GAL POT 56 EA $ G�(S $ s G , 6.D BEBB/BOOTH WILLOW- 1 GAL POT 5 EA $ p co $ , 6.E GEYER WILLOW-5 GAL POT 39 EA $ �S' $ ( 755- 6.F GEYER WILLOW- 1 GAL POT 10 EA $ �2 o , $ Q 6.G DRUMMOND'S WILLOW-5 GAL POT 19 EA $ c(S $ ( L 5 6.H DRUMMOND'S WILLOW- 1 GAL POT 14 EA $ p �" $ � .� 6.I YELLOW WILLOW-5 GAL POT 14 EA $ $ , ov 6.J GOLDEN CURRANT-5 GAL POT 31 EA $ a $ o, 6.K RED-OSIER DOGWOOD- 5 GAL POT 67 EA $ $2 g 6.L WESTERN SERVICEBERRY- 5 GAL POT 8 EA $ $ 3 a o- 7 BUCK AND POLE FENCE LUMP SUM 006 TOTAL ESTIMATED BID PRICE(SCHEDULES 1 THROUGH 7)$ 6(/�5 , q j (Figures) E TOTAL ESTIMATED BID PRICE(SCHEDULES I THROUGH 7) $ Aet"l Lim/ 167je (Words) AWN in C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections made, if any,the Total Amount of Unit , Prices Bid as corrected shall be used in awarding this Contract. D. The OWNER reserves the right to reject any or all bids. I E. The OWNER reserves the right to award none, any or all of the bid schedules. Depending upon funds available, the OWNER may choose to complete any combination of bid schedules, and reserved the right to award the project to the bidder with a combination of bid schedules that results in the project that is in the OWNER's best interest. The OWNER is not bound to award the bid schedules in any particular order. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any,and in the form of a Bid Bond identified in the Instructions to Bidders. �1 Section 00300 BID FORM Page 4 of 7 1. Ir ►k I L°E 8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions To Bidders, General Conditions, and the Supplementary Conditions. SUBMITTED on cis D (Dat ) Montana Contractor's Registration# 0 b S Employer's Tax ID No. 4/ 52 If BIDDER is: An Individual: (Name typed or printed) By: (Individual's Signature) Doing business as: Business Address: Phone No.: FAX No.: A Partnership: (Partnership Name) By: (Signature) (Name, typed or printed) Business Address: Phone No.: FAX No.: Section 00300 BID FORM Page 5 of 7 A Corporation: State of Incorporatio ( 4 ��`^� �-G u f 1 I-ttic. ors Qry tech L� -Corporation Name) n: Type(General Business,Professional,Service,Limited Liability): 4-4-C' By: -7s � 1 Title: 6&pwg OL 1 Attest: .�/ �t� � (Signature) Business Address: l(7 '8 Phone No.: 0& 5 8'6 2-,tftf r_ FAX No.: Date of Qualification To Do Business Is: (Corporate Seal) Section 00300 BID FORM Page 6 of 7 r_® 0 IL Air Montana Department of Environmental Quality June 10, 2016 CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771 RE:Confirmation Letter, Notice of Intent(NOI)Number MTR106508, BOGERT PARK Dear CAROLYN POISSANT: The Department of Environmental Quality(DEQ) is acknowledging receipt on 6/9/2016 of your complete Notice of Intent(NOI)for permit coverage under the January 1, 2013,General Permit for Storm Water Discharges Associated with Construction Activity(General Permit).For administrative purposes,you have been assigned permit number MTR106508. Please include this permit number on any future correspondence with DEQ regarding this site. This letter acknowledges receipt of the complete NOI and does not provide a DEQ determination of the validity of the information you provided.Your eligibility for coverage under the General Permit is based on the validity of the certification you provided.Your signature on the NOI certifies that you have read, understood,and are implementing all of the applicable requirements. The General Permit requires you to implement the Storm Water Pollution Prevention Plan(SWPPP) and defines inspection and record keeping requirements. Records defined in Part 2.5 are required to be maintained on-site with the designated SWPPP Administrator.An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/wginfo/mpdes/stormwaterconstruction.mcpx. Coverage under the General Permit remains effective until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices,and have paid all applicable fees. Failure to submit a complete NOT will result in the assessment of additional annual permit fees,which must be paid by the owner or operator. Coverage under this General Permit does not waive your obligation to obtain coverage under other applicable permits. If you have any questions regarding the requirements of the General Permit, please feel free to contact the Water Protection Bureau at(406)444-3080. Sincerely, Nathan Schroeder Water Quality Division Steve Bullock,Governor I Tom Livers,Director I P.O.Box 200901 1 Helena,MT 59620-0901 1 (406)444-2544 1 www.deq.mt.gov BOZEMANMT Stormwater Division July 7, 2016 Confluence Consulting Inc. Attn: Mr. Ty Traxler, P.E. 1115 N. 7th Ave#1 Bozeman, MT 59715 Subject: Bogert Park/Bozeman Creek Enhancement - Stormwater Pollution Prevention Plan Approval Dear Mr. Ty Traxler, I have reviewed your re-submitted SWPPP for the Bogert Park/Bozeman Creek Enhancement project and am recommending the permit for approval. In addition, please understand that this is the Montana Department of Environmental Quality's (MDEQ) General Permit for Stormwater Discharge#MTR100000 (General Permit) and is subject to their review and inspection at any time. The City of Bozeman's approval does not guarantee compliance with the General Permit. A few things to note: 1) Please install all erosion and sediment control measures before ground disturbance activities are initiated. 2) Please ensure all parties involved with this project are aware of the contents, responsibilities, and scope of this permit. Often times good permits are submitted, but they are not adequately followed through with in the field. This often results in a discharge of pollutants to local waterways. Strong communication is your number one tool to ensure this does not occur. 3) A City stormwater inspection may take place during this project. Inspections will include a document review and a site tour examining installed erosion and sediment control measures. It is critical that documents are continually updated, stored onsite, and the content is implemented to avoid violations being issued by the City. Please let me know if you have any questions. Sincerely, Frank Greenhill, Stormwater Program Technician TDD: 406-582-2301 THE MOST LIVABLE PLACE. AGENCY USE ONLY PERMIT NO.: Date Ree'd.: Amount Itec'd.: Check No.: Rec'd By: I' ont na Department Of QTALW WATER PROTECTION BUREAU ~ FORM Notice of Intent (NOI) NOI Storm Water Discharge Associated With Construction 2012 Activit MTR100000 The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activities. You must print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must maintain a copy of the completed NOI forin for your records. Section A - NOI Status (Check one): ®✓ New No prior NOI submitted for this site. ®Resubmitted Permit Number: MTR10 Renewal Permit Number: MTR10 Modification Permit Number: MTR10 (Discuss Modification in Section I) Section B—Facility or Site Information (See instruction sheet): Site Name Bogert Park Site physical address, mailing address at location, or directions to the site Access to Park on S. Church Ave. 350' south of Intersection of with East Olive - West Side of Street Township/Range/Section (optional):T2S, R6E, Section 7 Nearest City or Town Bozeman Zip Code 59771 County Gallatin Latitude 45.67597 Longitude -111.03238 Is this facility or site located on Indian Lands? ❑ Yes ❑✓ No Section C—Applicant(Owner/Operator)Information: Owner or Operator Name (Organization Formal Narne) City of Bozeman Mailing Address PO Box 1230 City, State, and Zip Code: Bozeman, MT 59771 Phone Number 406 582 2908 Email cpoissant@bozeman.net Is the entity listed above the construction project owner? Ft/ Yes ❑No Status of Applicant(Check one)®Federal ®State ®Private ®✓ Public Other(specify) Version 1.0 October 2012 Storm Water Construction N01 Page 1 of 5 Section D—Existing or Pending Permits, Certifications, or Approvals: n None ❑MPDES ❑RCRA ❑PSD (Air Emissions) ❑ Other ❑✓ 404 Permit(dredge & fill) ❑ Other Section E - Standard Industrial Classification (SIC) Codes: Select at least one SIC code which best reflects the type of construction work. A. Primary B. Second 1794-Excavation Work 1542-General Contractors-Nonresidential Buildings, Other than C. Third D. Fourth Section F—SWPPP Administrator Primary: Name and Title or Position Title Ty Traxler, P.E. - Civil Engineer Mailing Address PO Box 1133 City, State, and Zip Code Bozeman, MT 59771 Phone 406 585-9500 Alternate Phone Email ttraxler anconfluenceinc.com Secondary: Name and Title or Position Title Ronda Burns, P.E., CFM, - Water Resource Enqineer Mailing Address PO Box 1133 City, State, and Zip Code Bozeman, MT 59771 Phone 406 585-9500 Alternate Phone Email rburns(aconfluenceinc.com Section G—Receiving Surface Water(s): Storm Water Outfall/Discharge Locations: For each outfall, list latitude and longitude in the decimal degrees format (00.0000; -000.0000) and the name of the receiving waters. This section must not be left blank and N/A is not acceptable. Outfall Latitude Longitude Receiving Surface Waters Number 001 45.67628 -111.03219 Bozeman Creek 002 003 004 005 Map: Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the site or activity identified in Section B depicting the facility or activity boundaries,major drainage patterns, and the receiving surface waters stated above. Version 1.0 October 2012 Storm Water Construction NOI Page 2 of 5 Section H—Describe the Construction Activity or Project Please describe the Construction Activity or Project The overall plan for enhancing Bozeman Creek through the park involves altering the alignment of the channel, expanding floodplain capacity, and establishing a vegetated riparian corridor adjacent to the channel. The project will include construction of an overflow swale to improve floodplain conveyance. An existing bridge spanning the channel will be replaced with a new bridge capable of spanning the active channel and the overflow swale. Construction of the new meander will result in improved aquatic habitat complexity in the form of new pool features. A hardened access site will be constructed to allow the public to reach the stream channel safely. The riparian corridor will be densely vegetated with native species to prevent unlimited access to the channel and reduce erosion from bank trampling. An eroding segment of the channel adjacent to the park pavilion will be stabilized by installing a stone toe and constructing a bioengineered coir fabric bank. Please provide a sunzmaly of Best Management Practices (BMPs) in the SWPPP Primary structural BMPs will include the use of erosion control fabrics and permanent vegetation to provide temporary and permanent soil stability. In addition, a rain garden (sediment basin) is proposed to provide permanent treatment to runoff near the pavilion. Additional BMPs include: Wind Erosion Control, Designated Material Storage and Staging Areas, Minimizing Ground Disturbance by delineating a project boundary, construction site waste management, materials handling, concrete washout, compacted earthen berm, and vehicle tracking control. Total site area(acres) 7.22 Area of Construction Related Disturbance (acres) 2.25 Estimated Project Start Date 08/2016 Estimated Project Completion Date 06/2017 Estimated Project Final Stabilization Date Auqust 2018 Does the project discharge to listed impaired waterbody? Yes[✓ No Does the project discharge to a regulated Small Municipal Separate Storm Sewer System (MS4)9 YesFNo® If yes,please select the receiving regulated Small MS4 City of Bozeman If yes, will the SWPPP be submitted to the regulated Small MS4? Yes No Section I—Supplemental Information (For Permit Modification Only—leave blank except for modification) Version 1.0 October 2012 Storm Water Construction NOI Page 3 of 5 Section J —Fee: ❑✓ NEW PROJECTS: Indicate the acreage of construction related disturbance indicated in Section H of this NOI form. The fee for new projects includes the application and the annual fee for the calendar year in which the permit authorization is effective. ❑✓ 1-5 acres $ 900.00 ❑ >5-10 acres $1,000.00 ❑ >10-25 acres $1,200.00 ❑ >25-100 acres $2,000.00 ❑ >100 acres $3,500.00 ❑ RESUBMITTAL $ 500.00 $Amount specified in Rule (only required if>four years since date ❑ RENEWAL the permit authorization is effective) $ 500.00 (minor modification, only if< six months from date the ❑ MODIFICATION permit authorization is effective) Version 1.0 October 2012 Storm Water Construction NOI Page 4 of 5 Section X - CFRTMCATIf?N Author teed Signatories: This form must be completed,signed,and certified as follows: s Fcir a corporation,by a principal officer of at least the level of vice president; For a partnership or sole proprietorship,by a general partner or the proprietor,respectively,or a For a municipality, state, federal, or ether public facility, by either a principal executive officer or ranking elected official. Alt Applicants;Must Complete the Following Certification. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on,my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,,accurate, and complete: I am' aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. [75-5- 633,MCA] A. Naas(TNw ar PrJ# Oo" , Cf &Ilk{Type orfrint G Pbone No. n,s*nsenro i.n&* The Deparonent i vill not,process this form until all of the requested infornwrion is supplied and the appropriate fees are pair!.Return this form and the applicable fee to Department of Environmental Quality Water Protection Bureau P©Boa 200901 Helena,MT 59620-0901 4441080 Version 1.0October 2012 Storm Water Construction NOi Page 5 of 5 AGENCY USE ONLY. PERMIT NO: 77F Date Ree'd., Amount Rec'd.k tCheck N0 Reed By: f-le- Il ontana Department o QUA= WATER PROTECTION BUREAU FORM SWPPP Storm Water Pollution Prevention Plan (SWPPP) Form Storm Water Discharge Associated With Construction Activity MTR100000 READ THIS BEFORE COMPLETING FORM: This SWPPP Form is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit. Before completing this form all parties need to read and be familiar with the General Permit,particularly Part 3, as this SWPPP Form is organized based on these Part 3 requirements. In the items to be completed on this form,references to the corresponding relevant"part" of the General Permit are indicated in italicized parenthesis. It is the pennittee's responsibility to ensure all required items in the General Permit are adequately addressed, and that the SWPPP is developed, implemented, and maintained. Additional information will need to supplement this SWPPP Form in order to meet these requirements. An up-to-date field copy of the SWPPP must be maintained at the construction activity site by the SWPPP Administrator as required in Part 3 of the General Permit. Sections B and C on this SWPPP Form must state information exactly the same as that indicated on the NOI Form. Attach additional pages as necessary with the corresponding item number on this form indicated. For coverage under the General Permit to be valid upon the submittal of a NOI Package, the NOI Package must include a complete NOI Form, SWPPP, and fee. Do not submit these items separately. The 2012 General Permit, this SWPPP Form, a Permit Fee Summary, and related forms are available from the Stornn Water Program at(406)444-3080 or http://deg.mt.aov/w infohnpdes/stonmwaterconstruction mepx Section A- SWPPP Status (Check one): New No prior SWPPP submitted for this site. El Modification Permit Number: MTR10____ (Please specify these four nuinbers) Section B -Facility or Site Information: Site Name Bogert Park Site Location Bogert Park Nearest City or Town Bozeman County Gallatin Section C -Applicant(Owner/Operator)Information: Owner or Operator Name City of Bozeman-Carolyn Poissant Mailing Address Po Box 1230 City, State, and Zip Code Bozeman, MT 59771 Phone Number 406 582-2908 Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 1 of 20 Section D—SWPPP Administrator Primary: Name and Title or Position Title Ty Traxler, P.E. Civil Engineer Mailing Address Po Box 1133 City, State, and Zip Code Bozeman, MT 59771 Phone aos 585-9500 Alternate Phone MT Phone Other Phone Email ttraxler@confluenceinc.com Alternate Email Secondary: Name and Title or Position Title Ronda Burns, P.E., CFM,-Water Resource Engineer Mailing Address PO Box 1133 City, State, and Zip Code Bozeman, MT 59771 Phone aos 585-9500 Alternate Phone MT Phone Other Phone Email rburns@confluenceinc.com Alternate Email The SWPPP Administrator must check all of the following boxes confirming SWPPP responsibilities and qualifications based on the General Permit in order to utilize this SWPPP Form: ❑ Yes ❑✓ No Delegation of Authority Form in Attachment A completed as necessary for new or added SWPPP Administrators which are not specified on the NOI Form (parts 3.2. and 4.15.); Yes ❑No SWPPP Administrator Training Form in Attachment B completed and to be kept updated FV (Part 3.2.); ❑✓ Yes ❑No SWPPP Site Map(s) and/or Plan(s) is attached including all required items (Part 3.5.); 0 Yes ❑No The SWPPP Administrator will ensure the following log sheet swumaries and/or attachments are completed and updated/maintained at the construction site for the following attachments based on the requirements in the General Permit: • SWPPP Revision/Update Summary Log in Attachment C (Parts 2.4. and 3.12.); • Self-Inspection Forms in Attachment D for all self-inspections performed (Parts 2.3. and 2.4.); and • BMP design, installation, implementation, and maintenance specifications (Part 3.7.) (these are not required to be submitted to the Department with the SWPPP included in the original NOI Package, but these must be maintained at all times with the SWPPP Administrator's field copy of the SWPPP at the construction site). Section E—Construction Activity and BMP Schedule and Phasing (Part 3.3) In the space below, indicate how many phases the construction activity will consist of(i.e., one, two, etc.):2 For the phases identified above, if more than one, describe the relationship between the construction phases and describe what major activities will occur during each phase: Phase 1: Site landscaping and site construction. During phase 1 a channel meander, a pedestrian foot bridge, a rain garden, and an overflow swale will be constructed. This work will occur concurrently. Phase 2: Site stabilization. Upon completion of grading/construction activities, the site will be stabilized by seeding and placing erosion control fabrics on disturbed areas. A vegetative buffer will also be established along the creek by planting different riparian plant species. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 2 of 20 For each phase,the permittee must complete the Phase Sheet(s)in Attachment E of this SWPPP Form. In order to complete Attachment E, the permittee must have assessed and identified site characteristics,potential pollutant sources, and candidate BMPs elsewhere on this SWPPP Form. Using the Phase Sheet(s)table in Attachment E, and for each phase, complete the table for all components stated in Parts 3.3.1., 3.3.2., 3.3.3., 3.3.4., 3.3.5., and 3.3.6. in the General Permit. Examples of typical components would be a specific type/location of BMP (Part 3.3.1.), a specific earthwork activity(Part 3.3.2.),temporary cessation of construction activities in a particular area(Part 3.3.3), temporary stabilization BMPs (Part 3.3.4.),vertical construction of a building(Part 3.3.5.), and construction activity site clean-up and dismantling(Part 3.3.6.). All earthwork and the BMPs identified on this SWPPP Form(typically in Sections I)are candidate items to include for each row on the table in Attachment E in addition to the other criteria stated in Parts 3.3.1. through 3.3.6. of the General Permit. On the Phase Sheet(s) in Attachment E, all components must be listed and numbered in the sequential order they will occur at the construction activity. Do not use the same "Component Number" twice in the table. Describe the component type and location in the appropriate box. Provide the initiation date or installation date, depending on the type of component. For example, structural BMPs like a sediment basin will have an installation date, whereas for earthwork or site-clean-up it is an initiation date. For BMPs, including temporary stabilization,provide the operational date. Provide a completion or removal date, depending on the type of component. For example, a sediment control fence will have a removal date,whereas temporary stabilization will have a completion date. Section F—Site Description (Part 3.4.) 1. Describe the nature of the construction activity and what is being constructed(Part 3.4.1.): The overall plan for enhancing Bozeman Creek through the park involves altering the alignment of the channel, expanding floodplain capacity, and establishing a vegetated riparian corridor adjacent to the channel.The project will include construction of an overflow Swale to improve floodplain conveyance. An existing bridge spanning the channel will be replaced with a new bridge capable of spanning the active channel and the overflow swale. Construction of the new meander will result in improved aquatic habitat complexity in the form of new pool features. A hardened access site will be constructed to allow the public to reach the stream channel safely. The riparian corridor will be densely vegetated with native species to prevent unlimited access to the channel and reduce erosion from bank trampling. An eroding segment of the channel adjacent to the park pavilion will be stabilized by installing a stone toe and constructing a bioengineered coir fabric bank. 2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas,material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors,material storage areas, and material crushing/recycling /processing areas (Part 3.4.2.): The project will include stripping topsoil and excavation of native soils. The topsoil and a portion of the native soils will be stockpiled in locations shown on the erosion control plan (ECP). These locations will also be used to temporarily store rock for use in channel construction. The soil stockpiles are located on flat upland areas on the east side of the creek. Equipment and materials will be stored near the south end of the park as shown on the ECP. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 3 of 20 3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including all construction-related support activities)(Part 3.4.3.); this information must match the information provided on the NOI Form: Total Site Area(acres): 7.22 Area of Construction-Related Disturbance (acres): 2.25 4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used (Part 3.4.4.): A soil investigatin was performed along the west side of the pavilion. The investigation indicated approximately 1'of topsoil. A layer of sandy lean clay was observed between 1'4'. From 4'-8', clayey gravel was observed. Clay and gravels exhibit a farily low erosion potential. The work associated with the channel will include placement of cobbles/gravel and will be capped with topsoil. Cobbles and gravel exhibit a low erosive potential. Topsoil, consisting of fine textured soils is moderately erodible. Topsoil placed on the newly constructed floodplains and resloped banks will be protected with erosion control fabric until the vegetation has matured. The upper banks along the new channel will be constructed with topsoil wrapped in coir fabric to resist erosion until the banks have fully vegetated. 5. For a storm water discharge associated with construction activity with construction-related disturbance of five acres or more of total land area(based on the acreage provided in item F.3. above)(Part 3.4.5.): a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon: Runoff coefficient before construction: Runoff coefficient after construction: Supporting Infonnation Source: b. Provide an estimate of the increase in impervious area after the construction activity identified on the NOI form is completed(example, 20 acres of total ground disturbance and 10 acres of constructed impervious parking and rooftop areas on previously undisturbed ground would be a 10/20= 50 percent increase): Percent. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 4 of 20 6. In the Outfall Sheet table below, describe the names of receiving state surface waters and a description of the size, type, and location of each point source discharge or outfall. Use these same outfall locations and numbers on the SWPPP site map(s). Use the same respective outfall numbers as identified in Section G on the submitted NOI Form. If there is no distinguishable point source discharge or outfall to the receiving state surface waters, a description of storm water runoff flow and drainage patterns into the receiving state surface waters must be provided. This must specify if discharges are to unnamed drainages and provide the name of the first named drainage that will receive that discharge down gradient of the site. If the discharge is to a municipal sepal-ate storm sewer, enter the location of any storm sewer discharge into receiving state surface waters. (Part 3.4.6.) Outfall Sheet(detailed outfall and receiving surface water information)(Part 3.4.6.) Type Discharge To (open Municipal Size Describe Flowpath Receiving Outfall channel, Storm Sewer (approximate pipe,inlet, (from outfall to named receiving surface water if Surface Water(first Number acreage from provide l c yes outfall does not discharge direct) into the named g sheet flow, g Y named drainage downgradient site drained) other- provide location of discharge(latitude receiving surface water,include unnamed drainages) from site) specify) &longitude)) 001 4 Open No Stormwater runoff will sheet flow from the Bozeman Creek Channel west side of Bozeman Creek and drain into the channel 002 003 004 005 006 007 008 009 FOR ADDITIONAL OUTFALLS,ADD ADDITIONAL COPIES OF THIS OUTFALL SHEET(will need to delete or renumber the "Outfall Number"column; on second sheet renumber next outfall as"010", and so forth; do not use the same outfall numbers twice) Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 5 of 20 7. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover(Part 3.4.7.) The majority of the site is an urban park which is surfaced with manicured lawn. Mature cottonwoods and spruce trees are located sparsely throughout the park. The banks of Bozeman Creek channel along the west property boundary are densely vegetated with deciduous trees and shrubs. Specify Percent Density of Existing Vegetation: 90 Section G—Site Map (Part 3.5.) Attach the required SWPPP site maps or plans to this SWPPP Form. The site maps or plans must clearly indicate all the required information in Part 3.5. of the General Permit. This means SWPPP site snaps must be of sufficient size, scale, and legibility. This cannot be accomplished on standard USGS topographic maps like those required to be attached to the NOI Form. For most construction projects, in order to accommodate all required inclusions, a series of site maps is necessary and recommended as this information cannot be legibly and completely shown on one map. One map could show the undeveloped site and its current features. An additional map or maps can be developed to show the developed site or, for more complicated sites, show the major phases of development. All information on the attached SWPPP site maps must correlate with the information and identifying names provided on this SWPPP Form, such as identifying"Outfall 001"by that name on the site map. Section H—Identification and Summary of Potential Pollutant Sources (Part 3.6.) At a minimum, each of the following sources and activities must be evaluated for the potential to contribute pollutants to storm water discharges: 1. All disturbed and stored soils. During construction, excavated soils within and adjacent to the channel have the potential to flush into the identified outfall. Topsoil that will be stockpiled, then placed in the high flow swales and upper banks will temporarily be a potential pollutant source before being vegetated. 2. Vehicle tracking of sediments. Haul trucks transporting soils from the site will be a potential source of pollution as the trucks will gather dirt/mud from the site while traveling through the site. 3. Vehicle trucking of sediments. Haul trucks may potentially be a source of pollution if trucks are not sealed and covered appropriately. Hauling soils on city streets and spilling or blowing soils could drain into the city storm drain system, eventually reaching streams. 4. Management of contaminated soils. Contaminated soils are not anticipated to be encountered with this project. 5. Loading and unloading operations. Loading and unloading operations have potentials for spillage of fuels, oils, and lubricants as a result of accidents. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 6 of 20 6. Outdoor storage activities (building materials, fertilizers, chemicals, etc.). There is a potential for materials stored outside to be a source of pollution to the stream if unsealed materails/fertilizers, or chemicals come into contact with stormwater runoff. 7. Significant dust or particulate generation. Heavy vehicular traffic on exposed dirt access roads have the potential to generate dust during dry conditions. Also, soil stockpiles may be a source of dust during dry conditions. 8. Vehicle and equipment maintenance and fueling. The potential for spillage and leaks of fuel and lubricants exists during maintenance and fuel operations. 9. Routine maintenance activities involving fuels, oils, solvents,pesticides,herbicides, fertilizers, detergents, etc. Potential for pollutants entering the channel may as a result of maintenance activies may occur upon completion of the project. Activities, primarily in the manicured portion of the park including fertilizing, lawn mowing, and weed eating could potentially result in spilled or leached contaminents entering the channel. 10. On-site waste management practices (waste piles, liquid wastes. dumpsters, etc.). Waste management practices on site are a minimal hazard as a source for pollutant to the channel. Trash cans are located in the maincured areas of the park well away from the channel. Upon completion of the project, once the site is fully vegetated, vegetated buffer zones will prevent any minor spills occuring at trash cans from entering the channel. 11. Concrete truck and equipment washing. The potential for pollutants to enter Bozeman Creek as a result vehicle washing is exists if washing occurs upstream and near Bozeman Creek. 12. Dedicated asphalt and concrete batch plants. NA 13. Non-industrial waste sources such as worker trash and portable toilets. Worker trash is anticipated to be minimal and will be hauled off site in contractor vehicles. Portable toilets could be a potential source of pollution if allowed to be located near the channel. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 7 of 20 14. Other non-storm water discharges if present(as identified in the table below or otherwise). Identify if any of the following allowable non-storm water discharges are to be present at your site based on Part 1.1.3. of the General Permit: Type of Allowable Non-Storm Water Dischar a Likely to be Present at the Construction Site? Uncontaminated condensate from air conditioners,coolers, and other compressors and from the outside storage of ❑ Yes ✓❑ No refrigerated gases or liquids Irrigation drainage ❑ Yes ❑✓ No Landscape watering provided all pesticides,herbicides,and fertilizer have been applied in accordance with the approved ❑✓ Yes ❑ No labeling Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed) ❑ Yes ❑✓ No Routine external building wash down that does not use detergents ❑ Yes ❑✓ No Uncontaminated ground water or spring water ❑ Yes No Water used to control dust Yes ❑ No Discharges from emergency fire-fighting activities ❑ Yes No Foundation or footing drains where flows are not contaminated with process materials ❑ Yes ❑✓ No Incidental windblown mist fi-om cooling towers that collects on rooftops or adjacent portions of the facility,but not intentional discharges from the cooling tower(e.g.,"piped" ❑ Yes ❑✓ No cooling tower blowdown or drains) 15. Other areas or procedures where potential spills can occur. NA 16. Other potential pollutant sources not identified above. NA Section I—Description of Best Management Practices (BMPs) (Part 3.7.) To complete this properly and adequately, you must refer to the specific BMP requirements in Part 3.7, and the applicable and pertinent effluent limits in Part 2.1, of the General Permit. The items in Section I.2. of this SWPPP Forrn are listed in the order these items appear in Part 3.7. of the General Permit. The BMPs specified below in the SWPPP must clearly describe how compliance with these permit conditions will be achieved. The BMP descriptions below must address all of the potential pollutant sources stated in Part 3.6 of the General Permit and in Section H of this SWPPP Form. For structural or other BMPs where the BMP is depending on a technical reference source for BMP design, installation, implementation, and maintenance specifications, you must provide the reference source and respective BMPs in the table in Section I.1. below. For those BMPs which are listed in the completed table below, the referenced specifications must be maintained on-site with the working up-to-date field copy of this SWPPP Form and associated SWPPP site maps. When this SWPPP Form is submitted to the Department as a part of the NOI Package, do not submit these specifications for Department records. If the technical reference source does not completely address all specifications associated with the design, installation, implementation, and maintenance, then this must be addressed in Section 1.2. below. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 8 of 20 For BMPs where you do not specify a technical reference source below, applicable design, installation, implementation, and maintenance specifications must be described and addressed in Section I.2. below. 1. In the following table,provide the reference source(s)to be used for these specifications, and indicate the associated BMPs which were obtained for each. BMP Specification Source/References Sheet Source BMP Specification Reference Source (name,publisher,date,page number(s),website Specific BMPs For Which This Number Reference Source Was Used address,etc.) 1 MDT Erosion and Sediment Control Best Managment Material Handling\Spill Prevention and Control Practices-Reference Manual Section 3G (WM1-WM4)-Pg. 154-164 2 MDT Erosion and Sediment Control Best Managment Construction Site Waste Management Practices-Reference Manual Section 3G (WM5)- Pg. 165 3 MDT Erosion and Sediment Control Best Managment Wind Erosion Control Practices-Reference Manual Section 3C(WE-1)- Pg. 111 4 Project Plans and Specifications Vehicle Tracking Controls See sheet C8 and detail 5 sheet C12 5 Project Plans and Specifications Erosion Control Fabric See sheet C8, C10, C11,and C12 6 Project Plans and Specifications Permanent Vegetation 8 Project Plans and Specifications Minimize Ground Disturbance See sheet C8 9 Project Plans and Specifications Designated Material Storage and Staging Areas See sheet C8 10 Project Plans and Specifications Earthen Berm See sheet CI Detail 6 and sheet C8 11 Project Plans and Specifications Concrete Washout See sheet C8 12 Poject Plans and Specifications Soil Stock Piles See sheet C8 FOR ADDITIONAL SOURCES/REFERENCES,ADD COPIES OF THIS BMP SPECIFICATION SHEET (do not use the same source number twice). Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 9 of 20 2. Describe all BMPs which will be used at the construction project based on Part 3.7, and Part 2.1, of the General Permit. This description can generally address a type of BMP if that BMP is to be used more than once, but the specific BMP and their respective locations must still be provided on the Construction Phase Sheets provided in Section E of this SWPPP Form, and on the SWPPP site maps and/or plans provided in Section G of this SWPPP Form. All potential pollutant sources in Section H must be addressed with corresponding BMPs in this item regardless of whether the BMP description is dependent on a reference source listed in Section 1.1. #1 Materials Handling-fuels, paints, solvents, and chemicals will be stored in approved containers. Materials handling shall be conducted in accordance with the MDT Erosion and Sediment Control Best Managment Practices referenced in the previous section. (H8, H6) #2 Construction Site Waste Management-Collection, storage, and disposal of waste shall be conducted in accordance with the MDT Erosion and Sediment Control Best Managment Practices referenced in the previous section. (H10 #3 Wind Erosion Control- Existing gravel roads/paths and soil stockpiles may need dust control performed by watering trucks. Wind erosion control shall be conducted in accordance with the MDT Erosion and Sediment Control Best Managment Practices referenced in the previous section. (H7) #4 Vehicle Tracking-The contractor will be in charge of preventing sediment from tracking off-site and accumulating on adacent city streets. Methods for controlling vehicle traking include a)An entrance/outlet tire wash located on the western edge of the paved parking lot. B.)Sweeping the parking lot and adjacent streets on a daily basis to prevent accumulation of sediment. C.)A Vehicle track pad on the south end of the site. The track pad will be regroomed, refreshed, or replaced as needed to address sediment accumulations and to maintain fully functional feature. (H2) #5 Erosion Control Fabric - The relocated channel banks along Bozeman Creek will be covered with type B and C erosion control fabrics. The high flow swale channel will be covered with type A erosion control fabric. Finally, the newly constructed sloped banks will be covered with type B erosion control fabric upon completion of final grading. The erosion control fabric is bio-degradable and will act to stabilize the newly consructed channel/banks to prevent erosion and runoff into Bozeman Creek until the vegetation has taken root. For further detail, please see sheet C8 and construction specifications. (H1) #6 Permanent Vegetation -All disturbed areas will be seeded with an appropriate seed mix immediately following final grading of the area and prior to placement of the erosion control fabric. The appropriate seed mix will be applied as specified in the plans and specifications for the project. (H1) #8 Minimize Ground Disturbance- Project boundaries are established to minimize disturbance and impacts to existing vegetation. (H1) #9 Designated Material Storage and Staging Areas -These areas have been identified on the SWPPP. (H8, H11, H5) #10 Earthen Berm-An earthen berm will be constructed downgradient of the staging/storage area to provide a barrier to flow for any spills, leaks, or sedimentation from construction vehicles or equipment. (H1,H5, H6, H8, H10, H11, H13) #11 The contractor will provide vinyl washout containers on site. The containers are to be located away from the creek in the equipment/vehicle storage area. The containers will be disposed of at a solid waste management facility upon reaching 3/4 volumetric capacity. Containers will be replaced and added as necessary to provide an adequate concrete washout site. (H11) #12 The contractor will cover the soil stockpiles completely with a durable plastic while not in use. (H1, H7) FOR ADDITIONAL BMPS, ADD COPIES OF THIS SHEET Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 10 of 20 Structural BMPs for Erosion and Sediment Control Sheet a. Structural BMPs for Erosion and Sediment Control (Part 3.7.1.). Describe what BMPs are going to be utilized at the site, including the design,installation, and maintenance procedures for each if not addressed through a reference source in the table above in Section I1. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.1. and 2.1.6. of the General Pen-nit as applicable and relevant. Erosion Control Fabric - The relocated channel banks, high flow swale, and newly constructed sloped banks will be covered with appropriate erosion control fabric upon completion of final grading. The erosion control fabric is bio-degradable and will act to stabilize the newly consructed channel/banks to prevent erosion and runoff into Bozeman Creek until the vegetation has taken root. Earthen Berm-An earthen berm is proposed along the downgradient edge of the staging area as shown on the plan. The berm will be constructed to prevent any potential runoff or spills from the staging area from entering into Bozeman Creek. FOR ADDITIONAL STRUCTURAL BMPS, ADD COPIES OF THIS STRUCTURAL SHEET Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 11 of 20 Non-Structural BMPs for Erosion and Sediment Control Sheet b. Non-Structural BMPs for Erosion and Sediment Control(Part 3.7.2.). Describe what BMPs are going to be utilized at the site. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.1., 2.1.2., and 2.1.4. of the General Permit as applicable and relevant. Permanent Vegetation -All disturbed areas will be seeded with an appropriate seed mix immediately following final grading of the area and prior to placement of erosion control fabric. The appropriate seed mix will be applied as specified in the plans and specifications for the project. The seeded areas will be irrigated by a permanent park irrigation system to ensure the success of the revegetation. In addition,trees and shrubs will be planted as shown on the plans. The combination of densely planted trees/shrubs and appropriate seeding will result in a vegetative buffer between the park and the creek. The roots of the planted vegetation will help to bind the soil to prevent erosion from runoff. FOR ADDITIONAL NON-STRUCTURAL BMPS,ADD COPIES OF THIS NON-STRUCTURAL SHEET Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 12 of 20 Materials Handling BMP Sheet c. Materials Handling(Part 3.7.3.). Describe all BMPs implemented at the site for each of the potential pollutant sources listed in Sections H1, H4, H5, H6, H7, H8,H9,H13, and H14 of this SWPPP Form. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.1., 2.1.2., 2.1.4., and 2.1.5. of the General Permit as applicable and relevant. In the description of BMPs below,reference the specific aforementioned Section H number where the potential pollutant source was identified, and list each specific BMP so that there is adequate correlation. Be specific and not general, and be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the particular BMP. H1 (Disturbed and Stored Soils)-Excavated soils will be stockpiled in locations on the upper east bench as far away from the creek as is feasible to prevent additional impacts to the park. The stock piles will be covered with a durable plastic when not in active use to prevent sediment runoff and wind erosion from occuring. H4 (Management of Contaminated Soils)- It is not anticipated that contaminated soils will be encountered on the site. H5 (Loading and Unloading Operations)—The contractor shall have equipment and absorbent materials available on site to contain and clean up any spills that occur. BMP#1 H6 (Outdoor Storage Activities)—Outdoor storage will be located in a designated area near the southwest corner of the park. An earthen berm will be constructed to prvent any spillage or runoff from entering Bozeman Creek from the staging area. BMP#9 and#10 H7 (Dust Control)- Dust will be controlled if necessary by use of watering trucks. BMP#3 H8 (Vehicle and equipment maintenance and fueling)—Construction vehicles shall be inspected daily, and any leaks or worn or broken components that may result in leaks shall be repaired immediately. Used oil, antifreeze, solvents and other automotive related chemicals shall be disposed of according to manufacturer's instructions. These wastes require handling and disposal. Used oil, antifreeze, and some solvents can be recycled at designated facilities, but other chemicals must be disposed of at a hazardous waste disposal site. Vehicle washing shall occur off-site. Vehicle fueling shall be done in a designated areas. Spills shall be cleaned up immediately and cleanup materials shall be disposed of immediately. Equipment and storage containers shall be inspected regularly to identify leaks or signs of deterioration. (BMP#1) H9 (Routine maintenance activities involving pollutants)—Timely disposal of chemicals used for routine maintenance activities is critical to minimizing potential impacts. Used oil, antifreeze, solvents and other automotive related chemicals shall be disposed of according to manufacturer instructions. These wastes require handling and disposal. Used oil, antifreeze, and some solvents can be recycled at designated facilities, but other chemicals must be disposed of at a hazardous waste disposal site. HI (Non-industrial waste sources such as worker trash and portable toilets)—Solid waste and construction debris is expected to be minimal. The contractor will be responsible for performing daily cleanup of the site to ensure that all litter is contained and hauled off site to appropriate waste disposal sites. If needed, the contractor will provide portable toilets on site during construction. The waste shall be periodically hauled to the local wastewater treatment plant by the toilet provider. Portable toilets shall be located on level surfaces away at least 100 feet away from surface waters. BMP#2 H14 (Non-stormwater discharges)—Non storm water discharges associated with this project include: 1)Water Associated with Landscaping-Watering of the park and newly constructed channel banks and floodplain will occur after completion of the project. The water source will be a groundwater well in the park. Irrigation will be provided via irrigation piping throughout the project to ensure event distribution of watering. Scheduling and quantity of water will be conducted to provide adequte irrigation and limited to prevent excessive watering and potential overland runoff into the channel. 2)Water used to control dust-Water used to control dust will be obtained from a clean source and will be applied with a watering truck. Scheduling and quantity of water will be conducted to provide adequte water to reduce wind erosion but limited to prevent excessive watering and potential overland runoff into the channel. FOR ADDITIONAL MATERIALS HANDLING BMPS,ADD COPIES OF THIS MATERIALS HANDLING SHEET Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 13 of 20 d. Dedicated Concrete or Asphalt Batch Plants (Part 3.7.4.). Describe all BMPs implemented at the site for each of the potential pollutant sources listed in Section H12 of this SWPPP Form. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.1., 2.1.4., and 2.1.5. of the General Permit as applicable and relevant. Be specific and not general, and be sure to address any design, installation, and maintenance protocol as applicable and pertinent to all BMP associated with the batch plant(s). NA e. Vehicle Tracking Control (Part 3.7.5.). Describe all BMPs implemented at the site for each of the potential pollutant sources listed in Section H2 of this SWPPP Form. Be specific and not general, and be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the BMPs. The contractor will be in charge of preventing sediment from tracking off-site and accumulating on adacent city streets. Methods for controlling vehicle traking include: A)A vehicle tracking pad shall be located at the designated entrance to the site on the south side. The track pad shall be constructed in accordance with the project plans referenced for BMP#4 in section 11 and can be seen on sheet C8 and detail 5 on sheet C12. B)Contractor shall sweep or subcontract sweeping of the parking lot and adjacent streets on a daily basis to prevent accumulation of sediment. f. Waste Management and Disposal, Including Concrete Washout(Part 3.7.6.). Describe all BMPs implemented at the site for each of the potential pollutant sources listed in Section H4, H5, H10, H11, H13, and H15 of this SWPPP Form. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.4. and 2.1.5. of the General Permit as applicable and relevant. Be specific and not general, and be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the BMPs. HI (On-site waste management practices (waste piles, liquid wastes, dumpsters, etc.)-Wastes for this project will be stored in designated storage areas and hauled offsite by contractor on a regular basis to prevent undue accumulation of waste. H11 (Concrete truck equipment washing)—Concrete trucks shall wash out in vinyl washout containers. Upon reaching 3/4 volumentric capacity the containers are to be hauled offsite to a solid waste facility. Containers will be replaced and added as necessary to provide an adequate concrete washout site. H13 (Non-industrial waste sources such as worker trash and portable toilets)—The contractor will be responsible for performing daily cleanup of the site to ensure that all litter is contained and hauled off site to appropriate waste disposal sites. If needed, the contractor will provide portable toilets on site during construction. The waste shall be periodically hauled to the local wastewater treatment plant by the toilet provider. Portable toilets shall be located on level surfaces away at least 100 feet away from surface waters. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 14 of 20 g. Stabilization Measures (Part 3.7.7.). Describe specific vegetative and/or non-vegetative practices that will be used to achieve temporary and final stabilization on the exposed portions of the site. Describe how each of the BMPs will address the specific criteria stated in Parts 2.1.1. and 2.1.2. of the General Permit as applicable and relevant. Be specific and not general, and be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the BMPs. Temporary Stabilization The relocated channel banks, high flow swale channel, and newly constructed sloped banks will be covered with appropriate erosion control fabric upon completion of final grading as specified in the plans. The erosion control fabric is bio-degradable and will act to stabilize the newly consructed channel/banks to prevent erosion and runoff into Bozeman Creek until the vegetation has taken root. Permanent Stabilization All disturbed areas will be seeded with an appropriate seed mix immediately following final grading of the area and prior to placement of erosion control fabric. The appropriate seed mix will be applied as specified in the plans and specifications for the project. The seeded areas will be irrigated by a permanent park irrigation system to ensure the success of the revegetation. In addition,trees and shrubs will be planted as shown on the plans. The combination of densely planted trees/shrubs and appropriate seeding will result in a vegetative buffer between the park and the creek. The roots of the planted vegetation will help to bind the soil to prevent erosion from runoff. }r. Minimize Ground Disturbance (Part 3.7.8.). Describe measures to be taken to minimize ground disturbance and preserve pre-existing stabilization measures of earth material as much as possible. Describe how these BMPs will address the specific criteria stated in Part 2.1.1. of the General Permit as applicable and relevant. Ground disturbance will be minimized by defining the project extents to limit construction to the area necessary for construction and access to the construction site. The project extents are defined on the plans. i. Ground Water Dewatering(Part 3.7.9.). Describe BMPs and locations used for ground water dewatering at the site. Describe how these BMPs will address the specific criteria stated in Part 2.1.3. of the General Permit as applicable and relevant. For discharges of ground water due to dewatering practices which will not discharge to state surface waters, be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the BMPs. The contractor will be responsible for obtaining an MDEQ General Permit for Construction Dewatering. The contractor will be responsible for meeting the permit requirments.The following bmps are available if needed to provide reduction in suspended sediment:filtering a sump or well with filter fabric, constructing a settling pond, implementing dewatering bags, utilizing vegetated buffers, flocculants and coagulants, and fiber rolls. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 15 of 20 j. Operational Controls (Part 3.7.10.). If not addressed elsewhere, address BMPs which will be used on a day- to-day basis on the site to reduce or eliminate the contribution of potential pollutants in storm water runoff, such as good housekeeping activities to maintain a clean and orderly site, and removal of accumulated sediment on or off the site as much as practicable. This is the section to specifically describe and locate all BMPs implemented at the site for the potential pollutant sources listed in Sections H7,H8, H9, and H15 of this SWPPP Form. Describe how these BMPs will address the specific criteria stated in Parts 2.1.4. and 2.1.5. of the General Permit as applicable and relevant. Be sure to address any design, installation, and maintenance protocol as applicable and pertinent to the BMPs. H7 (Significant dust or particulate generation)—Soil Stockpiles and road conditions will be observed daily. If wind erosion is observed, soil stockpiles and gravel roads will be wetted to prevent further dust generation. k. Spill Prevention and Response Procedures (Part 3.7.11.). Describe what procedures will be used to prevent and respond to spills, leaks, and other releases. This is the section to specifically describe all BMPs implemented at the site for the potential pollutant sources listed in Sections H15 of this SWPPP Form. Describe how these BMPs will address the specific criteria stated in Parts 2.1.4. and 2.1.5. of the General Permit as applicable and relevant. The contractor shall minimize the volume of pollutants present on site at all times. The contractor shall train workers in spill containment procedures. The contractor shall maintain a spill response kit on site located in either heavy equipment machinery or in support vehicles parked in the vicinity of the machinery. Spills shall be stopped and contained as soon as possible. 1. Off-Site Vehicle Trucking of Sediment (Part 3.7.12.). Describe BMPs used to address off-site vehicle trucking of sediment at the site for the potential pollutant sources listed in Section H3 of this SWPPP Form All trucks used for off-site hauling shall be water tight, or drippage from truck shall be reduced to 1 gallon/hour. If necessary, trucks must be covered to prevent dust particle generation while hauling off site. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 16 of 20 in. Local Sediment and Erosion Control Requirements (Part 3.7.13.). Describe any and all applicable local erosion and sediment control requirements. The City of Bozeman has Stormwater Management Regulations for Land Disturbance Sites One Acre or Greater, developed under the City of Bozeman's Storm Water Management Ordinance#1763. The requirements are listed as follows: 1.) Develop a Storm Water Pollution Prevention Plan (SWPPP)including NOI, SWPPP, Site Map fand approval letter from DEQ 2.) Inspect and Maintain BMPs 3.) Submit Changes and Notfiications 4.)Submit Notice of Termination upond completion of project. Section J—Final Stabilization (Part 3.8.) Describe all procedures and BMPs (if not stated in Section I.2.g. on this Form)to achieve "final stabilization" and ensure the specific requirements of Part 3.8. in the General Permit are achieved for all areas with construction-related ground disturbance at the construction activity. Final stabilization of the project will be attained when areas disturbed during construction have revegetated sufficiently to bind the disturbed soils and prevent erosion during stormwater runoff. It is anticipated that final stabilization will be attained in the end of the summer season following completion of the project. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 17 of 20 Section K—Post-Construction Storm Water Management(Part 3.9.) Describe any BMPs which are to be used to control stone water and potential pollutants in storm water discharges that will occur after construction operations have been completed at the site, including any applicable local requirements. The permanent vegetation will act as a buffer/filter to prevent potential pollutants from entering Bozeman Creek during runoff events. Rain Garden/Sediment Basin -The rain garden is designed to temporarily store and treat surface runoff from the parking lot and adjacent park area. Runoff will drain into the basin which will be vegetated and planted with shrubs in a semi-porous soil medium to filter pollutant. During large runoff events, a high flow oulet composed of gravels will act as a conduit to filter the excess runoff to the adjacent channel. Section L—Inspection and BMP Maintenance Procedures (Part 3.10.) Identify and clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control and other BMPs identified in the SWPPP, in good and effective operating condition. These documented procedures must comply with the inspection requirements in Part 2.3. of this permit(also refer to Parts 2.3.5., 2.4., 3.3., and 3.7. of the permit for related BMP maintenance requirements). The SWPPP Administrator must, at a minimum, conduct a routine inspection at least once every 14 calender days, and a post-storm event inspection must be conducted by the SWPPP Administrator within 24 hours of the end of a rainfall event of.25 inches or greater, and within 24 hours of a snowmelt due to thawing conditions which causes visible surface erosion at the site. When a post-storm event inspection occurs, this can be credited as a biweekly routine inspection, but the biweekly routine inspections must commence again no later than 14 calender days after the last post storm event inspection. BMPs shall be maintained in functioning order meeting the specifications referenced in Section I. Reductions in inspection frequency can only occur if one of the conditions listed in Section 2.3.3 of the General Permit is met. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 18 of 20 Section M—Water Quality Controls for Discharges to Impaired Water bodies (Part 3.11.) Specify the information required in Part 3.11. of the General Permit. Bozeman Creek is identified by the Lower Gallatin TMDL Planning area as an impaired stream. Pollutant Impairments include: Phosphorus, Total Nitrogen, Escherichia Coli, and Sedimentation/Siltation. Sedimentation/Siltation is a potential pollutant during and post-construction of this project. BMP's#348 and#12 are proposed specifically to reduce or prevent sedimentation during and following construction. Additionally, permanent vegetation including wetland and upland seeding and planting of riparian trees and shrubs will act as a filter other pollutants including nitrogen and phosphorus. Section N—Miscellaneous Information Use this space to identify miscellaneous information which must be included in the SWPPP. Section O - CERTIFICATION Permittee Information: This SWPPP must be completed, signed, and certified as follows: • For a corporation,by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship,by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if: • The authorization is made in writing by a person described above (see Attachment A); • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company(a duly authorized representative may thus be either a named individual or any individual occupying a named position); • The written authorization is submitted to the department. Version 2.0 April 2013 Storm Water Pollution Prevention Plan Page 19 of 20 All Permittees Must+Complete the following Cert ficat ou; I certify under penalty,of law that Ns document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel 'properly gather and evaluate the information submitt'lled. _Based n raay Inquiry;of a persons who manage the system, or those persons directly responsible for gathering the information; the Information submitted is; to the best of my knowledge and. belied.true, accurate, and complete. 1 am aware that there are significant penalties for submitting,false information;including the possibility of fine and imprisonment for Imow ngMolations.j75- - n33,FICA], A; Mime(Type or Print) ii. Title(Type or Print) C. Phone No. A Signature E. Uate Si ed The Department will not process this form until all of the requested information is supplied,and the appropriate fees are paid.Return this form'and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 260901 Helena,NIT 59k0-070 1 40! . 444�3080 Version 2.0 April 201-3 Storm Water Pollution Prevention Plan Page 20 of 20 ATTACHMENT E — PHASE SHEET (Part 3.3.) Phase number: 2 Estimated start Whd end dates of this phase: Start Date:08/2016 End Date:06/2017 Component Initiation or Operational Completion Number Component Type Description Component Location Installation Date(for or Removal Date BMPs) Date 9 Erosion Control Fabric See Sheet C8 for Fabric location and type 10 Permanent Vegetation See Plans and Specifications Refer to Parts 3.3.1. - 3.3.6. of the General Permit for potential "component" types and categories. FOR ADDITIONAL PHASES, ADD ADDITIONAL COPIES OF THIS PHASE SHEET (for additional sheets for the same phase, the "Component Number" for each phase sheet must pick up where the last number on the prior sheet left off in order to identify proper construction sequencing of components through time for the phase) I I 1 NON-DISCRIMINATION AFFIRMATION FORM 1 .Leryn'`s &-^ name of entity submitting) hereby affirms it will not iscrQ1nate on the basis of race, color, religion, creed, sex, age, marital status, nation origin, or i because of actual or perceived sexual orientation, gender identity or disability in the performance of worked performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination a described above and that this prohibition shall apply to the hiring and treatment of the i-t c, (name of entity submitting) employees and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman Signature of Bidder: 1 Perso autho 'zed to sign on behalf o bidder 1 I Document A310 TM - 2010 Conforms with The American Institute of Architects AiA Document 310 Bid Bond CONTRACTOR: SURETY: (Jame,legal slalits and address) (Manic, legal status and ln7ncildil place of hiaeiness) Highland Construction Services, LLC Contractors Bonding and Insurance Company h Drive This document has important PO Box 141 9025 N. Lindbergh legal consequences.Consultation Belgrade, MT 59714 Peoria, IL 61615 with an attorney is encouraged with respect to its completion or OWNER: modification. (.'Fame,legal status and address) Any singular reference to City of Bozeman, Montana Contractor,Surety,Owner or other party shall be considered 121 N. Rouse Ave. plural where applicable. Bozeman, MT 59771 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Naiuc,location or address and Project munber,if ai i) Bozeman Creek Enhancements at Bogert Park Tile Contractor and Surety are bound to the Owner in the aniount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and tile Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted ill the jurisdiction of the Project and othenvise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof..or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the Mork covered by said bid,then this obligation shall be null and void,otherwise to remain in full three and ellect.The Surety hereby waives any notice ot'an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent Im an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tens Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herelnmt and provisions conl'onning to such statutory or other legal requirement shall be deemed incorporated herein.When so lumished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 2nd day of August, 2016 J Highland Construction Services, LLC . �( (Pill c' a) (seal) (Witness) By: (Title) Cnntrac Bonding and Insurance Company yam°®®�••'®°`•°•G�Ilk L1241Q 104 : 00 -6- 0 . 0 = (i'iMess) Juditk A. Kapp LT V " v ° 0 AL Ve)Judith C. Kaiser-Smith Attorney-in-Fact S-0054/AS 8/10 ®iiPtli11111���� R L I Ck1C POWER OF ATTORNEY a"RLI Company RLI Insurance Company 9025 N.Lindbergh Dr.(Peoria,IL 61615 Contractors Bondingand Insurance Company Phone:(800)645-2402 1 Fax:(309)689-2036 om p y Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: James E.Maieskey,II,Walter W.Wolf,Judith A.Rani),Judith C.Kaiser-Smith,Shawn Wilson Shelly Donovan iointly or severally in the City of Spokane Valle, State of Washineton , as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10.000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 29th day of January,2015. """"' " RLI Insurance Com an .N �j�SG9q `2�JRpNCE N � Contractors Bonding and Insurance Company Fy:•GOpPOR,yr�..20 L't9 's= •,•GOPPOggr� _ L..: tlll ba` SE State of Illinois ) �° Roy C.Die Vice President } SS �uNo�s ,,`` �cct1NO�s"" County of Peoria JJ) CERTIFICATE On this 29th day of January 2015 1, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Roy C. Die who Contractors Bonding and Insurance Company, each Illinois being by me duly sworn, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation, now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 2nd day ofAugust 2016 RLI Insurance Company Jacqu ine M.Bockler Notary Public Contractors Bonding and Insurance Company "OFFICIAL SEAL" USL Roy C.Die Vice President .STATE OF JACQUELINE M.BOCKLER uuNws COMMISSION EXPIRES 01/14/18 4677560020212 A0059115 NOON-DISCRIMINATION AFFIRMATION FORM #,' nu t�cJ7iv� .1�ry�=.� 4� (name of entity submitting) hereby affirms it will not iscrinate on the basis of race, color, religion, creed, sex, age, marital status, nation origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of worked performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded,will contain a provision prohibiting discrimination a§ described above and that this prohibition shall apply to the hiring and treatment of the �a�, n i c, entity submitting) employees and to all subcontracts it�rs into in the -w (name of ty g) performance of the agreement with the City of Bozeman Signature of Bidder: �= iLa Perso autho ized to sign on behalf of bidder Section 00400 Corporate Resolution r MONTANA � s f(,-Pe ve Prepare,sign,and submit with an original signature anC r r,g'er- This is the minimum information requ,eo (This space for use by the Secretary of Stale ow , = AB!i"TY COMPANY f Trfe s LINOA McCULLOCH S T A T-L-7- O F M N'�I' A N A etar,, of Stare W _ Box 202801 oa. �;Y�,�y L F ^e!ena, ?-0T 59620-2801 E 4; -- 444.3665 FEB 9 2013 x 106;444.3976 16 E3 S:TE =----- S C ,T b1 Ii Y Uf. STATE, for the purpose of forming a maany Required Filing Fee: $70.00 C-:;< 0'.: Box: �24 Hour Priority Hanclh,g,Iek •; ; Adc ;. _. a^y ❑ 1 Hour Expedite Handt,rg ^er Aoc . = _ o�i ,ad!I;ry �orrpany - = -!. Ec ;ability company: ✓ � � rr .Lr1 r ' ;ea ab say company',"limited company:' Professional,"professional limited liability company",or an abbreviat-oni ' a:aress of its registered office/agent in Montana: ire Reg stereo Agent is confirmation of the agent's consent. _77 rn �(1, ( 1 -ss required) 7`� ( U I Il eit^I) - J.ffercnt from street address):_ State: MT Zip Code: L�_ .,r Prr,stered Agent: _ J adores of is ;Dnnci )olaceof business. State VyI 7— Zip Code r _ �11 Tern) If Terns, the latest date on which the LLC is to dissolve ;F ^aoocl nrL, nnpj a Manager or by jts �,Melnbers the Managers or Members and business mailin ad resses re (attach a list if necessary) -- --.. - -:,e -re-oers of :.7e company are liable for the LLC's debts and obligations under ace members and written consents of each. _ _ a •_,m ted L,abiIiCy Company, the services to be provided: 0-(-1 n,2 ^rx ^EREBY SWEAR AND AFFIRM, under penalty of law, that the facts contained in this document are true �<<r Printed Name &! 1 ..� y Emailr� 'C� _. - c'es-of 0,,P,aniza'.ion l or_`JomCsl'ci l,m•lpC_"a C, �... .. I SECTION 00500 AGREEMENT FORM This Agreement is dated as of the day of /in the year 24 lG by and between The City of Bozeman, hereinafter called "Owner" and Highland Construction Services, LLC, hereinafter called Contractor. Owner and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: { Article 1.WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The 1 Work is generally described as follows: Bozeman Creek Enhancement at Bogert Park Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Stream channel relocation and enhancement, bridge removal and installation, irrigation and landscaping, and park improvements in Bogert Park in Bozeman,Montana. Article 3. ENGINEER 3.01 The Project has been designed by: Confluence Consulting, Inc. (Confluence) who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIME 4.01 Time of the Essence. A.All the time limits for milestones,if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. f; 4.02 Days to achieve Substantial Completion. A. The Work will be substantially complete within 98 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated damages. A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above,plus any extensions thereof allowed in accordance with Article 12 of the Section 00500—6tn Edition AGREEMENT Page 1 of 7 General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay(but not as a penalty)Contractor shall pay Owner one hundred dollars ($100) for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. Article 5. CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Article b. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments: A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the Contract Documents. 6.02 Progress Payments; Retainage: A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions. a. The Owner shall retain five percent(5%) of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied Section 00500—6m Edition AGREEMENT Page 2 of 7 by documentation satisfactory to Owner as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the Owner's discretion, the amount of retainage may be further reduced if requested by the Contractor. 6.03 Final Payment: A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. Article 7. INTEREST: 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 8. CONTRACTOR'S REPRESENTATION: 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including all Addenda)listed in paragraph 9 and the other related data identified in the Bidding Documents B. Contractor has visited the site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost,progress,performance or furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost,progress,performance and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied(or assumes responsibility for having done so)all such additional supplementary examinations,investigations,explorations,tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to Section 00500—6rh Edition AGREEMENT Page 3 of 7 the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be emploved by Contractor including abolvina the specific means, methods. techniques, sequences and procedures of construction. if any. expressly required by the Contract Documents to be employed by the Contractor, and safety precautions and programs incident tlreret�, F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS: 9.01 Contents Invitation to Bid Section 00100 Instruction to Bidders Section 00200 Bid Form Section 00300 Non-Discrimination Affirmation Form City of Bozeman Form Corporate Resolution Section 00400 Agreement Form Section 00500 Notice of Award Attachment A Notice to Proceed Attachment B Certificates of Insurance A-1 —A-2 Performance Bond A-3 —A-6 Payment Bond A-7—A-11 Montana Prevailing Wage Rates for Heavy Construction (Latest Version) Section 00600 Standard General Conditions of the Construction Contract Section 00700 Supplementary Conditions to the General Conditions Section 00810 Contractor's Application for Payment Form C-620 Certificate of Substantial Completion Form C-625 Section 00500—6tn Edition AGREEMENT Page 4 of 7 Work Change Directive Form C-940 Change Order Form C-941 Field Order Form C-942 Order to Suspend Work Form OSW Order to Resume Work Form ORW Technical Specifications Division I—General Requirements Division II—site Work Specifications Bozeman Creek at Bogert Park—Final Plans, dated 7/6/16 The documents listed in paragraph 9.01.A. are attached to this Agreement except as expressly noted otherwise. There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 10. MISCELLANEOUS: 10.01 Terms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically,but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). and unless specifically stated to the contrary in anv written consent to an assignment, no assignment will release or discharge the assignor from any duty or r "o "oihil4i7 imA-r the('nntroot Tlnnnmanrc 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in resuect of all covenants. agreements and oblip-ations contaiuCd mii tht'. �Giutia%t LjOCUM%-,ItS7 10.04 Severability A.Any provision of part of the Contract Documents held to be void or unenforceable under and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor. who agree that the Contract Documents shall be Section 00500—6u Edition AGREEMENT Page 5 of 7 reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Discrimination A. The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status,national origin, or actual or perceived sexual orientation,gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. Section 00500—6w Edition AGREEMENT Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed 6 copies of Agreement. Three counterparts have been delivered to Owner, two to Contractor and one to 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 (which is the effective date of the Agreement). This Agreement shall not be effective unless and until concurred by Funding Agency's (if any) designated representative.Owner slu Contractor t�(J or j Qo r lug r j BY ��f BY (Signature) '• ( ( ignature) Attest , • /A /��� 6 • Attest �-/- (Sgnature l •- (Signature) Address for giving notices: Address for giving notices: Co 6cs4 P �2 irv�t vi MT 5�1�� 1 7�, S9 71 y� Phone No. Phone No. d 6 L 9' Y FAX No. FAX No. y 6 SFG 2 O 3/ •fir . r �' •'��^_ (CORP'ORATE SEAL) (SEAL) (If OWNER is a public body„attach evidence Contractor Registration No. of authority to sign and resolution or other documents authorizing execution of Owner- Agent for service of process: Contractor Agreement. �� �T ��-�71y (If CONTRACTOk is a a rporation or a partnership, attach evidence of authority to sign.) Section 00500—6rh Edition AGREEMENT Page 7 of 7 Attachment A NOTICE OF AWARD Dated: August 22,2016 TO: Highland Construction,Inc. ADDRESS: 7400 Thorpe Rd.,Belgrade,MT,59714 PROJECT: Bozeman Creek Enhancements at Bogert Park CONTRACT FOR: Sitework and Landscaping You are notified that your Bid opened on August 2,2016, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:Bozeman Creek Enhancements Project. The Contract Price of your Contract is:.Four hundred forty-three thousand nine hundred five dollars($443,905.00). Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by September 6,2016. 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20), and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY O BOZEMAN,MONTANA ATTEST: °B0� � B BY: bP A� CITY MANAGER (CITY DATE: Attachment B CITY OF BOZEMAN Notice to Proceed Date: Sept.15, 2016 Project: BOZEMAN CREEK TOP PROJECT Owner: City of Bozeman Owners Contract No.: TOP 01 Contract: Bozeman Creek Enhancement at Bogert Engineer's Project No.:CBOZ.003 Park(325 S. Church Ave. 59715) Contractor: Highland Construction Services,LLC Contractor's Address: 7400 Thorpe Rd. PO Box 141 Belgrade,MT 59714 Phone:406-581-2467 You are notified that the Contract Times under the above Contract will commence to run on September 19,2016. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is December 26,2016 and the date of readiness for final payment is January 31,2017, subject to approval of extension of final completion for landscaping by the Project Manager. Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must attend the pre-construction meeting at Bogert Park on September 1,2016 at 1:00 PM. City of Bozeman("Owner") Mitch Overton `Director of Parks and Recreation Carolyn Pedsant Project Manager Copy to Engineer: Ty Traxler Confluence Consulting,Inc. EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 ofl HIGHCON-07 CSCHNEIDENBA__i CERTIFICATE OF LIABILITY INSURANCE DAT/17/2D/YYYY) 8/17/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bozeman Office NAME: PHONE 406 58 Pa newest Insurance,Inc. A/c No Ext:( ) 6-3351 FAX No:(406)586-0437 1283 North 14th Avenue E-MAIL Bozeman,MT 59715 ADDRESS: INSURER($)AFFORDING COVERAGE NAIC# INSURER A-,Montana State Fund t 19 INSURED INSURER B: Highland Construction Services,LLC INSURERC: PO Box 141 INSURER D: Belgrade,MT 59714 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MWDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE [::]OCCUR E-T 0-RENTI PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO-OTHER: ❑ JECT LOC PRODUCTS-COMP/OP AGG 1$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LtAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X❑ STATUTE UT A ANY PROPRIETOR/PARTNER/EXECUTIVE --N 034185462 06/21/2016 06/21/2017 E.L.EACHACCIDENT $ 500,0C" OFFICER/MEMBER EXCLUDED? N iA (Mandatory In E.L.DISEASE-EA EM PLOYE $ 500,0C Ryes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Is 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS, Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Z AC HALLCON-02 CSCHNEIDENBACH CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8/47/2016 FREPRESENTATIVE ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED VE OR PRODUCER,AND THE CERTIFICATE HOLDER. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to d conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bozeman Office NAME: PHONE PayyneWest Insurance,Inc. /vc No Ext:(406)586-3351 ac No,mna%586-0437 1283 North 14th Avenue E-MAIL Bozeman,MT 59715 ADDRESS: INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Western National Assurance CO INSURED 24465 INSURERS: Hall Construction Services INSURERC: Highland Construction Services LLC P O Box 141 INSURER D: Belgrade,MT 59714 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER I POLICY EFF POLICYXP I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE OCCUR X CPP107638303 06M6/2016 06/16/2017 PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY N ET LOC GENERAL AGGREGATE $ 2,000,00 OTHER: PRODUCTS-COMP/OP AGG $ 2,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT AEa accident $ 1,000,00 ANY AUTO X CPP107560903 06/16/2016 06/16/2017 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE $ Peracgtlent) X UMBRELLA LIAR X OCCUR A EXCESS UAB EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE X UMB101262503 06/16/2016 06/16/2017 AGGREGATE $ 1,000,000 DED X RETENTION$ 1 O,000 ----- -- WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY Y/N STATUTE OOTTH ANY PROPRIETOR/PARTNER/EXECUTIVE ER OFFICERIMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT (Mandatory in NH) $ If yes,describe under E.L.DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Owner,Engineer,and Engineer's Consultants are Additional Insured per Endorsment WNGL49 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 59771 AUTHORIZED REPRESENTA7^1VE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD / �� v Bond No. CSB0004771 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond SURETY: CONTRACTOR: (Amine,legal statits andprincipal place of business) (Name,legal status and address) Contractors Bonding and Insurance Company 9025 N. Lindbergh Drive Highland Construction Services, LLC Peoria, IL 61615 This document has important legal PO Box 141 Mailing Address for Notices consequences.Consultation with Belgrade, MT 59714 an attorney Is encouraged with PO Box 3967 respect to Its completion or modification. OWNER: Peoria, IL 61612-3967 Any singular reference to (Xame,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Bozeman, Montana plural where applicable. 121 N. Rouse Ave. Bozeman, MT 59771 CONSTRUCTION CONTRACT Date: Amount:$ 443,905.00 Four Hundred Forty Three Thousand Nine Hundred Five Dollars and 00/100 Description: Nance and location) Bozeman Creek Enhancements at Bogert Park BOND Date: September 1, 2016 (Not earlier than Construction Contract Date) Amount:$ 443,905.00 Four Hundred Forty Three Thousand Nine Hundred Five Dollars and 00/100 \\\o1DINGq �/' Modifications to this Bond: ❑ None X❑ Scc Section 16 ®Qye•'••®• ••.�SG'° va® G®RPpR CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: ? at Seal]0 Highland Construction Services, LLC Contractors Bonding and Insurance Company % S�1\ Signature: Signal Name �E 1-l`�-(,( Name udith C. Kaiser-Smith and Title: and Title: Attorney-in-Fact ©G��s (Any additional signatures appear on the last page of this Peifonnance Bond.) (FOR INFORALITIONOjVL1'—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) PayneWest Insurance, Inc. 501 N. Riverpoint Blvd., Suite 403 Spokane, WA 99202 509-838-3501 §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-,vhen applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .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 O%ner,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 Section 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; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .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 Section 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 die Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 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; §6.3 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 exccudon by the Owner and a contractor selected with the Owner's 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 Section 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: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 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 Section 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 Section 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 .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .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 Section 5;and .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 Section 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. §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 period of limitation 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 §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 to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.`fhe agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform.and complete or comply with the other material terms of the Construction Contract. §14.6 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: In this document,substitute"Subcontractor"for"Contractor"and substitute"Contractor"for"Owner". (Space is provided below for additional signatm es of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address !`i -C Bond No. CSB0004771 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond SURETY: CONTRACTOR: (Nance,legal status and principal place of business) (Nance,legal status and address) Contractors Bonding and Insurance Company 9025 N. Lindbergh Drive Highland Construction Services, LLC Peoria, IL 61615 This document has important legal PO Box 141 Mailing Address for Notices consequences.Consultation with Belgrade, MT 59714 an attorney Is encouraged with g PO Box 3967 respect to Its completion or modification. OWNER: Peoria, IL 61612-3967 Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Bozeman, Montana plural where applicable. 121 N. Rouse Ave. Bozeman, MT 59771 CONSTRUCTION CONTRACT Date: Amount:S 443,905.00 Four Hundred Forty Three Thousand Nine Hundred Five Dollars and 001100 Description: (Nanne and location) Bozeman Creek Enhancements at Bogert Park BOND Date: September 1, 2016 (iVot earlier than Construction Contract Date) Amount:$ 443,905.00 Four Hundred Forty Three Thousand Nine Hundred Five Dollars and 00/100 Modifications to this Bond: None xj See Section 18 CONTRACTOR AS PRINCIPAL SURETY `��``QS®®t4®tN'AN Company: (Corporate Seal) Company: ( rolcite�518LWf'®,�, °.�G9 Highland Construction Services, LLC Contractors Bonding and Insurance Company z® A 2® 9 ® 0 . 0 E. ta ' Signature: Signatur . . �`°�``; Name .1 C— cc\) Namo um it Kaiser-Smith Nots 0 and Title: and Title: Attorney-in-Fact ����`""""""`+ ` s J (Any additional signalin•es appear on the last page of this Payment Bond.) (FOR INFO&VUTION ONLY—Maine,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) PayneWest Insurance, Inc. 501 N. Riverpoint Blvd., Suite 403 Spokane, WA 99202 509-838-3501 Q , §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Ciaimanthas satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement, If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)flrst occurs.if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims 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.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been fiimishcd 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. §15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fiirnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipmenf'that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 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. §18 Modifications to this bond are as follows: In this document,substitute"Subcontractor"for"Contractor"and substitute"Contractor"for"Owner". (Space is provided beloiv for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address to Aff R L ® elde POWER OF ATTORNEY an RLI Company RLI Insurance Company 9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company Phone:(800)645-2402 1 Fax:(309)689-2036 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: James E.Maieskey,H,Walter W.Wolf,Judith A.Rapp,Judith C.Kaiser-Smith,Shawn Wilson,Shelly Donovan,iointly or severally in the City of Spokane Valley , State of Washington ,as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 29th day of Januajy,2015. OGANO '' `""" """'' RLI Insurance Company -`�yp•Go�poggT�992�;' `¢;�SGOPPogQ Contractors Bonding and Insurance Company �,+ ppTT •.fi_ ,v, pp77 ••,•yZ. State of Illinois 1 zo° °_ Roy C.DieL,) Vice President I SS hr I4 1...S 41 N��5,,•` County of Peoria CERTIFICATE On this 29th day of January 2015 I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Roy C. Die , who Contractors Bonding and Insurance Company, each Illinois being by me duly sworn, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 1st day ofSep tembe>; 2016 - RLI Insurance Company Jacqu ine M.Bockler Notary Public Contractors Bonding and Insurance Company "OFFICIAL SEAL" �,P3y Roy C.Die Vice President =STATEOF JACQUELINE M.BOCKLER auNors COMMISSION EXPIRES 0111411 4677560020212 4 �� A005911_ Section 00600 State of Montana Prevailing Wages for Heavy Construction Services 2016 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 www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated(MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required that each employer pay(as a minimum) the rate of wages, including fringe benefits,travel allowance,zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406) 444-5600 or TDD(406)444-5549. In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549, PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS " M0NTANA PREVAILING WAGE REQUIREMENTS: � A. Date ofPublication -----'.---------------'�-----�— �---'�---------� 3 � B. Definition uf 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 for Multiyear Contracts ----'_--- -'..—'--. -'-..� ------ -. -.� 3 G. Fringe Benefits .......................................—........... .........—........ ..........-------....... ...... .... —. 4 H. Dispatch City ......—...... ............................... -- ...................... ........ ----................ ...................� 4 yi Zone Pay .........--- .................................... — ...... --- .......... --. —~' 4 � J. SompuhngT�voBonaO� -----------------------------..''-. ..--^..-..' 4 K. Per Diem ------------------------------------------'---' 4 L. Apprentices ............................ — .......... ............ .......... ......................---............ ............. ........ 4 � K8. Posting Notice of Prevailing Wages ................ -- ....... — ...... --............... ....... ............ ---- � 5 � N. Employment Preference ----------------� .--------------------' ..- 5 [\ Welder Rates — ............. ...................--' —' --------------------------� 5 P. Foreman Rates .........------.........------------------------------- 5 » WAGE RATES: BOILERMAKERS ---------------------------------------------' 0 BRICK, BLOCK,AND STONE MASONS ................ ....... .................-- ............... ............................ ---' 8 � CARPENTERS ........ ........................................................... -----------------------' O CEMENT MASONS AND CONCRETE FINISHERS ....... ------.... ....-- .........—'^----_-----' 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ...—.....................--------------------------------.� 7 � OPERATORS GROUP 2 ................ ........... ..................... ............-------------------_ 7 � OPERATORS GROUP 3 .......... ..................... .................. .....----_-----------------. 7 OPERATORS GROUP 4 ....................... --- ........................ ----.-----_---------- 8 OPERATORSGROUP 5 ....................... ................................... ---------------------� 8 � OPERATORS GROUP 8 -------------------------------' -----' 8 « OPERATORS GROUP 7 --�—� ....... ......... ................ ----------------------------� 8 CONSTRUCTION LABORERS LABORERS GROUP 1 -----------------------------------------� D x LABORERS GROUP 2 ----� —' S � ----------'------.--�---------------� LABORERS .............. -- ................... —� '_---------'_------------- S LABORERS GROUP 4 ........... .... ....... ............ ----------------------------� 9 DIVER ....................... ..................................... ...........------ .... ............. —............. ..............—� 10 UDIVER TENDER ......... ......... ........................ ...................... --...... ............. — .......... ...... .................... 10 � ELECTRICIANS ________________________________—___---------- 10 HEATING AND AIR CONDITIONING ........ ........... ........ ................. ...............--- .................... ........ ...... 10 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ......-- ..................... ---......... ...... ---...... 11 � IRONWORKERS-STRUCTURAL STEEL AND REBARPLACERS ........ — .............--- .....---- ........--� 11 � LINE CONSTRUCTION EQUIPMENT OPERATOR .....................—............ ----------------------------� 11 GROUNDMAN ......... ..................................................... ------------------------' 11 � LINEMAN ----------------------- 12 � MILLWRIGHTS ------------------------- ........ ..................................................... ...... _------ ................ __... .... _............... ....... 12 PAINTERS ............. — .......... ........----................ -------------........... —......----... 12 PILEBUCKS ........... ---.......... ...... ...— ............... ---------------- ........... —........ ' 12 � PLUMBERS, P|PEFITTER8'AND STEAMF|TTERS ------ - ----------' 12 vSHEET METAL WORKERS ........................................................ ...........—......-- ............... ... — ..... ... — 13 TEAMSTERS GROUP 1 (Pilot Car Drivers) ....................................... --..................—..................... ............................. 13 TEAMSTERS GROUP 2 (Truck Drivers) .... ..................................—.........---_ ................. ........ ............... 13 2 A. Date of Publication January,2 2016 B. Definition of Heavy Construction The Administrative Rulcs of Montana(ARM). 24.17.501(4)—(4)(a),states "Heavv const•rtelion projects include, hilt are not limited to, those projects that crre not properly clussi fled cis either 'building construction', or 'highu,cly construction, ' Meaty construction projects include, bill cn•e not limited to, untenna towers, bridges (mayor bridges designed,lbr• eon7lnercictl navigation), brecikwaters, eai.ssons (other Chun building or highwuv), canals, channels, channel cut-offi, chemical complexes or faicilitie.s (other than btrildhrgs), cofferdcims, coke ovens, dams, demolition (not incidental to construction), dikes, clocks, diwinage projects, dredging pr•gjects, electrification projects(outdoor), fish hatcheries,flood control projects, indust•icil incinerators(other thus building), irriguton projects,jetties, kihrs, land dr•ctillage (not incidental to other construction), land levelilTg(1701 incidental to other construction), land reclumaticnn, levees, locks and waterivaYs, oil relineries (other than buildings),pipe lines,ponds,pumping stations (prefabriccited drop-nl/units—not buildings), railroad construction, reservoirs, revelments,sewage collection c11761 disposal lines•, Seu'et•s (scniitcmv, starrnr, etc.), shoreli170 nictinlenance, ski tows, storage tanks, swilivnimT pools (outdoor), subways(other than buildings), tipples, noinels, unsheltered piers and tirhurves. viaducts• (otherthU17 highwa)), water inuins, wuter7rav construction, water supply lilies (not incidental to building), irate/•cord seircge Ir•eatrnent plants (other than buildings) and wells. " C. Definition of Public Works Contract Section 18-2-401(1 1)(a), MCA defines "public works contract"as "...a contruct/bl'COr7Stl'ttetOr7 services let by the stute, c01117ty, nnmieipalitl', school district, or political subdivision or,for lT0rtc011St7•T7Ctiol7 services let by the slate, county, nTtmiciptdity, orpolitical subdivision in which the total cost gfthe confreref is in excess ol-S2 ,000... 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, I lighway Construction and Nonconstruction Services occupations can be found on the internet at `vww.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549, G. Rates to Use for Projects ARM,24.17.127(I)(c),states "The irage rates applicable to a particular public works project are those in gffect at the time the hid.specifications are adver lised" F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: "(1),=fnv public irorks co17n•uct thut btu the terms of the original contract culls f n-more than 30 nionlis•to fully perforin /lilts/ include a provision to adjust, cls provided in subsection (2), the standard prevailinng rate gf wages to he paid to the workers per lbr m if ig the contract. (2) The standard prevailing rate gfivages paid to workers under a eol7t7'act subject to this section must he udjusted 1? months ufier the date of the award of the public works contract. The Crnu)ur7t oflhe ucfjustment must he a 34;increase. The crdjustnent trust he 177ude a17d applied every 12 months for•the/erm ol'the contract. (3)All'14170rease in the standard rate of prevailing gages fill workers tinder this section is the sole responsibilitY of the contractor cold any subcontractors and not the contracting agency. " 3 G. Fringe Benefits Section 18-2-412, MCA states: "(1) To fur fill the obligation...(I contractor'or•subcontractor null': (u)Put'the amount of ft'it7ge benefits and the basic hourly rate of put/that is part of'the standord 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 ftmd,plan, or program that meets the requirements ofthe Employee Retirement Income SecuritvAct o1`1974 or that is a bonafide progmin upprovecl by the U. S. department of labor;of (c) inake payments using at?v conibinution of methods set forth in subsections (1)(a) and(1)(h)so that the uPggl'egate of payments and col7iPtbllttot7S is not less than the stunduTdpTevailing rate Of ht'agc'S, i17Cl1IdiI7g.f'inge belie fltS and IrcrVel allowances, applicable to the district for-the pur'ticular(vpe of icork being perforined. (2) T17e fi'ir7ge benc1fit fiaul,plan, or pt'ograin described in subsection (1)(b) must pl'ovicle benefits to workers or employees .for health care,Pensions on retireinent or clectth, life insurance, disability and sickness iWiti-ance, or honer fide progiwins that ineet the requirements of the Employee Retirement Mcoine Security Act of 1974 or thal cure approvec 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. It. Dispatch City ARM, 24.17.103(11),defines dispatch city as "...the courthouse in the city born the following list which is closest to the center of thejob: Billings, Bo_enrcrn, Butte, Great Fulls, Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...crr7 amount added to the hose pen':the combined sum Then becomes the nevv hose]wage rate to be paid.foi-all hours sworked on the project. Zone pal,irnt.st be determined by measiu'ing the roodiniles one barony over the shortest/practical inuintained route furor,the dispatch city to the enter of'the job. " See section H above foi•a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22),states—Ti'crvel puiy, 'crlsn referred to ors 'tr-mVl crllotivunce, 'is cold must be paid for travel both to c117d froin the job site, except those with special provisions listed under the classifkxitioil. The rate is deternhiiheci by measuring the roud miles one direction over the shortest pructcal maintained mutu ftom the dispatch citY or the emplgvee'.s home, awhichevel. is closer', to the center of the job." See section H above for a list of dispatch cities. K. Per Diem ARM,24.17.103(18),states "'Per dieni'typiccdly covers costs associate(!with hoard cuid lodging expet7ser. Per diem is paid whM aii emplovee is required to work at a loccttI017 outside the daih'conmnrting distcnlce U10 is requn'ed to stay at that location oveiwn ght or longer. " L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, "...The full aniount of ally applicable fringe benefits must be Pahl to the appi—entice while the upprentiec is working On the public works contract. " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriatejourney level prevailing wage rate when working on a public works contract. 4 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors,subcontractors, and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N. Employment Preference Sections t 8-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.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 WAGE "TES BOILERMAKERS Wage Benefit Travel: $30.00 $30.30 0-120 mi. free zone >120 mi.federal mileage rate/mi. in effect when travel Duties Include: Bulk storage tanks and bolted steel occurs. tanks. Special Provision: Construct, assemble, maintain, and repair stationary Travel is paid only at the beginning and end of the job. steam boilers and boiler house auxiliaries. Per Diem: 0-70 mi.free zone >70-120 mi.$55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.40 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 Zone Pay: $28.00 $11.86 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 Zone Pay: $21.43 $9.41 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.58 $11.80 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane,A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler,All Except Cranes/Shovels; Pumpman. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $25.07 $11.80 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. 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; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine;Washing/Screening Plant CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.90 $11.80 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt Paving Machine;Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single,Twin,or Pulling Belly-Dump; YO-YO Cat. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.90 $11.80 0-30 mi.free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. AsphaltlHot Plant Operator; Cranes,25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $28.90 $11.80 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.90 $11.80 0-30 mi,free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $30.90 $11.80 0-30 mi.free zone >30-60 mi. base pay+$3.501hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add$1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $20.68 $8.04 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. >60 mi. base pay+$5.50/hr. 8 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.07 $8.04 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman;Tail Hoseman;Tool Checker and Houseman and Traffic Control Worker. CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.94 $8.04 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.60 $8.04 0-30 mi.free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Hod Carrier***; Water Well Laborer; Blaster;Wagon Driller; Asphalt Raker; Cutting Torch;Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws (Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock& Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Are. 9 DIVER Wage Benefit Zone Pay: Stand-By $36.72 $14.00 0-30 mi. free zone Diving $73.44 $14.00 >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft, free zone >25-300 ft. $1.00 per ft. DIVER TENDER Wage Benefit Zone Pay: $35.02 $14.00 0-30 mi. free zone >30-50 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >50 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage Benefit Travel: $31.39 $12.76 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 Travel: 0-50 mi. free zone Duties Include: >50 mi. Testing and balancing, commissioning and retro- ■ $0.25/mi. in employer vehicle commissioning, of all air-handling equipment and duct • $0.65/mi. in employee vehicle work. Per Diem: $65.00/day Corrected 01/22/2016 10 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $32.92 $18.47 All Districts 0-30 mi. free zone Duties Include: >30-40 mi. $20.00/day Insulate pipes, ductwork or other mechanical systems. >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 Travel: $26.90 $20.99 0-45 mi. free zone >45-60 mi. $30.00/day Duties Include: >60-100 mi.$55.00/day Structural steel erection; assemble prefabricated metal >100 mi. $75.00/day buildings; cut, bend,tie,and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $31.82 $13.11 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $24.85 $12.38 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations II LINE CONSTRUCTION—LINEMAN Wage Benefit Zone Pay: $41.54 $14.20 0-25 mi. $40.00/day Duties Include: >25 mi. $60.00/day All work on substations MILLWRIGHTS Wage Benefit Zone Pay: $31.00 $11.86 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. PAINTERS Wage Benefit Travel: $24.25 $16.24 No free zone. $0.60/mile. Per Diem: $80.00/day PILE BUCKS Wage Benefit Zone Pay: $28.00 $11.86 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. Duties Include: >50 mi. base pay+$6.00/hr. Set up crane: set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $33.66 $16.01 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 SHEET METAL WORKERS Wage Benefit Travel: $27.33 $15.39 0-50 mi.free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- a $0.65/mi, in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.59 $9.16 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 Zone Pay: $27.69 $9.16 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr_ This group includes but is not limited to: >60 mi. base pay+$4.70/hr. 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. * Corrected 01/22/2016 13 This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Lmvs and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by --- ACECG i^i �z National Society of "SCEAmerican Society professional Engineers Of CIV►i Engineers Professional Engineers in Private Practice AMERICAN COUNCIL.OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AML-RICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCI'ION SPECIFICATIONS INSTITUTE EJCDC G700 Standard General Conditions of the Construction Contract Copyright©2007 National S,x iety of Professional Engineers for E,ICDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright©2007 National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314-2794 (703)684-2882 www.nsi2e.org American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202) 347-7474 www.acec.orQ American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 201914400 (800)548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308 (703)548-3118 www.agc,ore The copyright for this EJCDC document is owned jointly by the four FJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Cop}Tight©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Section 00700 Standard General Conditions of the Construction Contract EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article I —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology........................................................... ..................... ...............5 Article2—Preli mi nary Matters.........................................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6 2.02 Copies of Documents....................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed...............................................................6 2.04 Starting the Work..........................................................................................................................7 2.05 Before Starting Construction........................................................................................................7 2,06 Preconstruction Conference; Designation of Authorized Representatives........................ .........7 2.07 Initial Acceptance of Schedules....................................................................................................7 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................8 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.....,.,..................................................,........9 3.05 Reuse of Documents................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ 10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands................................................................................................................... 11 4.02 Subsurface and Physical Conditions........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions.................. .......................................................... 12 4.04 Underground Facilities................................................................................................................ 13 4.05 Reference Points.......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article 5—Bonds and Insurance...................................................................................................................... 16 5.01 Performance,Payment,and Other Bonds...................................................................................16 5.02 Licensed Sureties and Insurers.............................____............................................................ 16 5,03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor's Insurance................................................................................................................ 17 5.05 Owner's Liability Insurance.................................._.......___........................._...........___.....- _ 19 5.06 Property Insurance,...................................................................................................................... 19 5.07 Waiver of Rights.........................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds............................ ....... .............21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.09 Acceptance of Bonds and Insurance;Option to Replace...........................................................21 5.10 Partial Utilization,Acknowledgment of Property Insurer..........................................................22 Article 6-Contractor's Responsibilities...........................................................................-..........................22 6.01 Supervision and Superintendence...............................................................................................22 6.02 Labor; Working Hours................................................................................................................22 6.03 Services, Materials,and Equipment............................................................................................)2 6.04 Progress Schedule....................................................................................................................-23 6.05 Substitutes and"Or-Equals'................. 23 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................25 6.07 Patent Fees and Royalties................................................... ............. ................................ ........27 6.08 Permits........................................................................................................-..............................27 6.09 Laws and Regulations..................................,..............................._............................................... 6.10 Taxes...........................................................................................................................................28 6.11 Use of Site and Other Areas........................................................................................................28 6.12 Record Documents......................................................................................................................29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative..................................................................................................................30 6.15 Hazard Communication Programs....-.......................................................................................30 6.16 Emergencies................................................................................................................................30 6.17 Shop Drawings and Samples......................................................................................................31 6.18 Continuing the Work...................................................................................................................32 6.19 Contractor's General Warranty and Guarantee..........................................................................33 6.20 Indemnification............................................................................................................-............33 6.21 Delegation of Professional Design Services...............................................................................34 Article7-Other Work at the Site.......................................................................................-..,.......................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships.....................................................................................................................36 Article 8-Owner's Responsibilities...............................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer............................................................................................................36 8.03 Furnish Data...............................................................................................-..............................36 8.04 Pay When Due.............................................................................................................................36 8.05 Lands and Easements;Reports and Tests...................................................................................36 8.06 Insurance......................................................................................................................................36 8.07 Change Orders.............................................................................................................................37 8.08 Inspections,Tests,and Approvals..............................................................................................37 8.09 Limitations on Owner's Responsibilities...................................................................................37 8.10 Undisclosed Hazardous Environmental Condition..............................................-.--.............37 8.11 Evidence of Financial Arrangements..........................................................................................37 8.12 Compliance with Safety Program..................................................................................... -......37 Article 9-Engineer's Status During Construction.........................................................................................37 9.01 Owner's Representative..............................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site................................................................................................................................37 9.03 Project Representative.................................................................................................................38 9.04 Authorized Variations in Work..................................................................................................38 9.05 Rejecting Defective Work...........................................................................................................38 9.06 Shop Drawings, Change Orders and Payments..........................................................................39 9.07 Determinations for Unit Price Work..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program...............................................................................................40 Article 10-Changes in the Work;Claims .40 10.01 Authorized Changes in the Work...............................................................................................40 10.02 Unauthorized Changes in the Work.............................................................,..............................41 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety..................................................................................................................41 10,05 Claims..........................................................................................................................................41 ' Article I l -Cost of the Work;Allowances; Unit Price Work........ ....... ....... ................ ........................_..42 11.01 Cost of the Work.........................................................................................................................42 11.02 Allowances..................................................................................................................................45 11.03 Unit Price Work..........................................................................................................................45 Article 12-Change of Contract Price;Change of Contract Times..........................................................--46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times..........................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections;Correction, Removal or Acceptance of Defective Work.......................48 13.01 Notice of Defects.........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................49 13.04 Uncovering Work...............................................................,................................,.........,.............49 13.05 Owner May Stop the Work.........................................................................................................50 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work...................................................................................................511 13.09 Owner May Correct Defective Work.........................................................................................52 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments ......................................................................................................................52 14.03 Contractor's Warranty of Title....................................................................................................55 14.04 Substantial Completion...............................................................................................................55 14.05 Partial UtiIization........................................................................................................................56 14.06 Final Inspection...........................................................................................................................57 14.07 Final Payment..............................................................................................................................57 14.08 Final Completion Delayed..........................................................................................................58 EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims........................................................................................................................58 Article IS—Suspension of Work and Termination........................................................................................59 15.01 Owner May Suspend Work.........................................................................................................59 15.02 Owner May Terminate for Cause...............................................................................................59 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work or Terminate...........I......­­........ ...................1­1............... ...........W Article 16—Dispute Resolution..................................................... .................................................................61 16.01 Methods and Procedures.............................................................................................................61 Article17—Miscellaneous..............................................................................................................................61 17.01 Giving Notice..............................................................................................................................61 17.02 Computation of Times.,........... ........................ ................................... ........................__.....62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............—........................................—..................................................62 17.05 Controlling Law..........................................................................................................................62 17.06 Headings............................................................................ .........................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terns of the Contract. A demand for money or services by a third party is not a Claim. 1. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Cop}'right©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page I of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Titnes—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii)achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The tenn Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 24. Laws and Regulations,Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Alilestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner---The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedede—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole,or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Cop}'right©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directii,e—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in i the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed." "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or detennination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: I 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: I. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner,Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: l. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract,and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws,and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer,or any of their officers,directors, members,partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract CoPyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies I A. Reporting Discrepancies: l. Contractor's Rei4eir of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code,or(c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by {one of the methods indicated in Paragraph 3,04, II 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. ResoNing Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: I a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents);or i b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). j 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. I B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3);or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants,including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents,or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies(also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days,after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Proressional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be perfonned and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: I. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers,directors, members, partners, employees, agents,consultants,or subcontractors with respect to: I. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any`technical data"on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid)until receipt of written order to do so. B. Engineers Review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: I. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A;and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other-project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner,during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or hldicated: I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 i consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any,of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers, directors, members, partners, employees,agents,consultants,or subcontractors with respect to: l. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors,Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whorn Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that Such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely.If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both,as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions or the Construction Contract CoP3Tight©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants,and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4,02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payrrlent, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents.These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations,and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01_B and 5.02, 5.02 Licensed Sureties and hisurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shalt also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. j 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease,or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any personas a result of an offense directly or indirectly related to the employment of such person by Contractor,or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: I. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. all rights reserved. Page IS of 62 5.05 Owner's Liability Insurance I A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions,Owner shall purchase and maintain L. 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 the Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water darnage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; i 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 or 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors,or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance,and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all tosses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any toss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of thern for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 . loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner;and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make i settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance;Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy,the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract CoP)Tight©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests,or approvals required by the Contract Documents except: 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C;and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work- A, If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all necessary labor, material,and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. if it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner Mai•Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph I3.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective,or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2M National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner Mat,Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any other provision of the Contract Documents, Owner may,after seven days written notice to Contractor,correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor,and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair,or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The arnount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: I. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. in the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and any other qualifications stated in the recommendation);and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Cop}'right©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because; a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due,and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended;or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.BS.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 i final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially i complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partutl Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: I. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially I complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request 1 Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment., I. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b, consent of the surety, if any,to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Revieir ofApplication and Acceptance: I. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Pa anent Becomes Due; 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages,will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 River of Clainis A. The making and acceptance of final payment will constitute: I. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees i specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C•700 Standard General Conditions of the Construction Contract Cop3Tight©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 I ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work- A. At anv time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 5.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: I. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: I. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere;and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims,costs, losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Cop)Tight©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of i Paragraphs 15.02.13 and 15.02.C. 15.03 Oirner Mav Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): l. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers,and others;and 4. reasonable expenses directly attributable to termination. j B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii)Owner fails for 30 days FJCDC C•700 Standard General Conditions of the Construction Contract l Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same tenns as provided in Paragraph 15.03. B. In lieu of tenninating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless,within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions;or 2. agrees with the other parry to submit the Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Cop3Tight©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 L delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to,and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right,and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 Section 00810 Supplemental Conditions to the General Conditions SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC-2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC—2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC-2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.0l.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810—60i Edition Supplementary Conditions to the General Conditions Page 1 of 12 SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.0l.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC - 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special Provisions. Section 00810—601 Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC—4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A 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 and the Engineer and their agents and employees from claims for bodily injury, or 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 Section 00810—66i Edition Supplementary Conditions to the General Conditions Page 3 of 12 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. SC—5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: I. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810—60i Edition Supplementary Conditions to the General Conditions Page 4 of 12 6. Broad Form Property Damage will include explosion, collapse,blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed$5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. I of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability,Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810—60i Edition Supplementary Conditions to the General Conditions Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 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.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. 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: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or 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 materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. 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); 4. 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; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810—60i Edition Supplementary Conditions to the General Conditions Page 6 of 12 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810—6°i Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.131 of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or- men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810—60'Edition Supplementary Conditions to the General Conditions Page 8 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROTECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.0l.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810—6°i Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a 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 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.i.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810—60i Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC—14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 00810—66i Edition Supplementary Conditions to the General Conditions Page 11 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810—60'Edition Supplementary Conditions to the General Conditions Page 12 of 12 Contractor's Application for Payment Form C-620 Note: An excel spreadsheet is preferable,to include all of the information indicated. The City of Bozeman Accounts Payable form must be signed and submitted with all invoices. Cl U ° v u ° N O 0 +� d o a c 1✓ W } C G U ��y o � a U ` � vE•'i �'� F v� V (� «c,. c1L�7 w is LR3 -Z 5s G o A E w .. �{ �F ? � O A o � o W d a J � � Q (? o •'� � �'A O E a U O c z z z V Q � �q 50 y 0 O Z U F U � d 2, 11a E u > U F c OO °�� a° y•� ON � px V •� � � � ��,� v v w Y, fX•^ O iy 0 < z I w U U naU �l}C. ow.- p o G •R p Q O u� ,.,?,, i � Oak A V s rO� y� 1 V •C! Q � -6 E u Lu oU '�Om n I z u Uc vG z Rill Oo O v 1 F a O < U rasa3cavv � i I a 0 � U o 'd F >.A o G W � o 5 � o L: y iz 0 U 3 G o °U 5 t5 r� E w (34. cu a ° 'G z y o i G O •a A H Q Ni W N] o a O C A � � � •g z w° 4 � § � J � ■ . a) {a . ( f / m / \/j � i » ± [ G2 } 2 « Q � ( . < ' . \ } i £ � . § � � 2 - 2 w a ON + y � x o 0 E � d i4 V � � z n as w 0 'G ai Q O V-, O w d ei C 9 v w � to C y 4+ O 0 U A o tad � 0 o z V A � is C� a � � z � � o i CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 • Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT , I , I TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Certificate of Substantial Completion Form C-625 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive]Certificate of substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A Itentativel (definitive) list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall he as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Comnuttee and endorsed by the Construction Specifications Institute. Page 2 of 2 Work Change Directive Form C-940 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency(if applicable): Date: EJCDC C-940 work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Change Order Form C-941 Change Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments (list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $ Ready for final payment(days or date): [Increase] [Decrease]from previously approved [Increase] [Decrease] from previously approved Change Orders Change Orders No. to No. No. to No. Substantial completion (days): $ Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ Ready for final payment(days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ Ready for final payment(days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ Ready for final payment(days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature.) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Change Order Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary di sputes. If Milestones have been listed in the Agreement,any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner,or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times,cross out the part of the tabulation that does not apply. EJCDC C-941 Change Order Prepared by the Engineers John Contract Docwnents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Field Order Form C-942 Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) /Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted),at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will(will not)continue to be charged during the period work is suspended. (See General Conditions,Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Suspend Work—Page 1 of 1 VrIA -0': w ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The(revised)contract completion date is 20_ Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Resume Work—Page 1 of 1 CONTRACT SPECIFICATIONS DIVISION I-GENERAL REQUIREMENTS DIVISION II-SITE WORK SPECIFICATIONS CONSTRUCTION SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS SECTION 01000 SPECIAL PROVISIONS (Reference City of Bozeman Modifications) 1. GENERAL All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications, Sixth Edition (MPWSS-6th), published April, 2010, including all addenda, which by this reference are hereby included as part of this specification as modified herein by the City of Bozeman. All correspondence and official authorization concerning the work shall be with the Engineer/Inspector or his designated representatives as identified at the preconstruction meeting. Any changes in the work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractor's risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsible Bidder whose bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the bid, that his bid has been accepted and that he has been awarded a contract. The bid schedules may be awarded as a single total combined contract or in any combination of schedules which result in the lowest project cost to the Owner. 3. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the contract time shall be stated in a written NOTICE TO PROCEED written by the Engineer to the Contractor. In establishing the date when contract time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. The contract time will expire automatically the number of calendar days stated as contract time, except as the contract time may be extended by change order. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 4. LIQUIDATED DAMAGES Subject to the provisions of the contract documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. 01000 - 1 The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $100.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 5. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the bid opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 6. NAMES PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 7. APPROVAL OF EQUIPMENT AND MATERIAL The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 8. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the Superintendent shall be reason for the Owner to stop all work on the project. 9. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 01000- 2 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the Engineer/Inspector the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in bar graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. 11. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision, on-site inspection, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, traffic control and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 12. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Not withstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 13. UTILITIES The Contractor shall be responsible for checking with the Owners of the underground and overhead utilities such as the City, County, power and telephone companies, etc., as to the location of their installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. This project includes relocating power poles, guy wires, and other facilities that must be accomplished by the utility companies. Any cost of this work shall be included in the Contractor's bid, and will not be paid independently by the Owner. 01000 - 3 It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (811)has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. 14. EASEMENTS, RIGHTS-OF-WAY ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the City park, easements and rights-of-way unless written approval is secured from the Owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 15. TRAFFIC CONTROL A. GENERAL The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of City streets and park areas affected by the work. Exact procedures in this respect shall be established in advance of construction with the Engineer/Inspector. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana, latest edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor shall be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures, the plan shall include specific details on traffic detours and estimated duration of the closures. Details of signing, barricades, flagging and other traffic control devices shall be included, and the TRAFFIC CONTROL PLAN shall be approved by the Engineer/Inspector or his designated representative prior to construction. B. TRAFFIC ACCESS Construction work shall be programmed by the Contractor so that local pedestrian, bicycle and vehicular traffic will have continuous access to and from Bogert Park during construction. It shall be the responsibility of the Contractor to notify all residents in the area of programmed work of street closures, parking requirements and restriction, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. WARNING SIGNALS All streets, roads, sidewalks, trails and other public thoroughfares which are closed to pedestrian, bicycle and vehicular traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located on each side of the blocked section. 01000 -4 All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over, and obstructions, including but not limited to material stockpiles and equipment, shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. STREET, ALLEY, PARK, TRAIL AND SIDEWALK CLOSURES Prior to any closure, the contractor shall provide the City of Bozeman Parks, Engineering and Street Departments with a signage plan and if necessary a detour route. No closures will be allowed until the plan has been approved by these City departments. 16. DISPOSAL, EROSION, WATER POLLUTION AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all local, state, and federal laws and regulations pertaining to erosion control, fill in wet lands, and floodplains. The Contractor shall dispose of all refuse and discarded material in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Environmental Quality and other State oi• Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. Contractor's responsibility shall include all cleanup, restoration, etc., of any detention or discharge areas. 01000 - 5 17. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner directed by the Engineer. 18. OPERATION OF EXISTING AND NEW VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. When new or existing valves are used to take water from the City of Bozeman water distribution system, they shall be operated by City of Bozeman personnel only. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to a site specified by the City of Bozeman. Should the City of Bozeman choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. 20. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers or records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 21. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 22. TESTS AND INSPECTIONS A. Scope - All work will be tested and inspected to insure compliance with the contract documents. Complete payment will not be made until Contractor has demonstrated that the work is complete, and installations will perform as required. B. Equipment and Systems Tests — The Contractor will be responsible for providing all personnel and equipment necessary to complete tests on completed work. 23. CONSTRUCTION SURVEYS The Owner will provide construction staking for the project and associated work. Construction staking includes staking one time only . The Owner's surveyor will stake this project in five trips 01000 - 6 to the site. Any additional staking the Contractor needs must be provided by the Contractor, at his expense. Before the Contractor requests staking, the site must be clear and ready for staking. The total number of stakes to be provided by the Owner is: • Trip 1: Owner's surveyor will stake the limits of the access agreements on the west side of the creek at 20 points. Owner's surveyor will also stake the centerline alignment of the Channel Realignment and bank stabilization (station 3+30 to 7+00)with 2 offset hubs and stakes on the east side of the creek. The stakes will be set at 14 of the stations listed in Table 1 on Sheet C9 of the plans, and will include the stations at the beginning and ending points of the revetments and at other important stations along that alignment. A staking sheet showing cuts/fills to each of the elevations listed in said Table l will be provided to the Contractor. • Trip 2: Owner's surveyor will stake the centerline alignment of the High Flow Swale and rock revetment(station 0+15 to 2+78) with 2 offset hubs and stakes on the east side of the creek. The stakes will be set at 10 of the stations listed in Table 2 on Sheet C9 of the plans, and will include the stations at the beginning and ending points of the bridge revetment and at other important stations along that alignment. A staking sheet showing cuts/fills to each of the elevations listed in said Table 2 will be provided to the Contractor. • Trip 3: Owner's surveyor will stake the new bridge with 2 centerline offset hubs and stakes on the east and west ends of the bridge, with cuts/fills to the top of the bridge deck. • Trip 4: Owner's surveyor will stake the edge of the playground,the gravel trail, the new irrigation line, and the relocation of the power pole. They will stake the gravel trail east of the creek with 1 centerline offset stake at 30 points with no vertical information, and will stake the concrete walk west of the creek with 2 offset hubs and stakes at 7 points with cuts/fills to finish grade. The edge of playground will be staked with 1 offset stake at 10 points. No vertical information on these stakes will be provided. The irrigation line will be staked with 2 offset stakes at 4 points, and the new location of the power pole will be staked with 2 offset stakes. • Trip 5: Owner's surveyor will stake the rain garden with 2 offset hubs and stakes at 5 points with cuts/fills to the top and bottom of the pond. These stakes will only be set once, in 5 trips to the site. All trees and shrubs will be field located (no stakes required). The cost of replacing any of the above stakes, or staking anything outside of the above scope of work will be up to the Contractor. The Contractor must provide the Owner's surveyor a minimum of one week's notice prior to need for construction stakes. 24. PRESERVATION OF SURVEY MARKERS AND MONUMENTS The Contractor shall carefully protect from disturbance all control points, monuments, property pins, block corners and other survey monuments or markers. Any survey marker or monument that is disturbed or destroyed by the Contractor shall be replaced by a licensed land surveyor in compliance with Montana Codes Annotated 70-22-115, Monument Preservation. A properly 01000 - 7 filed Corner Record shall be provided to the Engineer for all installed monuments to property corners or lines. If the markers are specifically called out for removal and replacement on the drawings, the Contractor shall notify the Owner in writing at least 2 days in advance of the marker or monument being removed. If there are markers or monuments that must be removed for construction, but are not called out specifically for removal on the drawings the Contractor shall arrange and pay for the proper referencing of the monument by a licensed land surveyor prior to removal, and for its proper installation after all construction activities are completed. Survey notes for the referencing shall be provided to the Engineer prior to any disturbance of the monument vicinity. 25. REGULAR WORK HOURS The regular work week shall consist of five working days, Monday through Friday, with regular working hours between 7:00 a.m. and 7:00 p.m. Written requests to perform work outside the regular work week or normal working hours must be delivered to Owner and Engineer no less than 48 hours before work outside regular work hours. 26. PERMITS AND REGULATORY REQUIREMENTS Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to project work performance. Contractor shall secure and pay for all permits, licenses, and fees necessary to perform the work. Contractor shall perform all the work in accordance with regulatory requirements. Any conflict between Contract Documents and regulatory requirements shall be brought to the immediate attention of the Engineer. 27. SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements and regulations of the local and Montana Department of Environmental Quality. 28. GEOTECHNICAL INFORMATION No specific geotechnical investigations were made for this project. 29. WEEKLY PROJECT MEETINGS Contractor's project superintendent shall be required to attend weekly progress meetings. Construction progress, difficulties, coordination and schedule issues will be discussed at each meeting. Weekly meetings will be held each Monday morning at 8:00 a.m. with the location to be determined at the preconstruction conference. Contractor will prepare a weekly schedule identifying the construction activities planned for the week. Ten copies of each weekly schedule will be delivered to the Inspector during each Monday meeting. 30. PROTECTION OF ADJACENT PROPERTIES 01000 - 8 Contractor shall be responsible for protecting buildings and other properties adjacent to the work. It is the contractor's responsibility to repair damages to buildings or properties caused by Contractor, Sub-contractor, or agent thereof. 31. MEASUREMENT AND PAYMENT 31.1 General. The project bid proposal consists of unit prices with brief descriptions for all work items. The brief descriptions do not necessarily name all the items required by the Contractor to complete the work. Five percent retainage will be withheld from payment of each bid item until the project is complete and final payment made. 31.2 Incidentals. The following measurement and payment sections do not necessarily name all the 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. 31.3 Precedence. The following measurement and payment sections take precedence over the short descriptions listed with each bid item in the Bid Proposal and replace Part 4 of each section in the Montana Public Works Standard Specifications. 31.4 Measurement and Past Schedule 1. Channel and Bridge * General: This bid item shall include all mobilization and demobilization, bonding, insurance, permitting, and cleanup; all work shown on the drawings and specifications with the exception of work included in the other schedules (2 through 6). * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Traffic control, utility coordination, 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; • Installation of erosion control and Best Management Practices; • Project cleanup. * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of the work installed. Schedule 2. Rain Garden * General: This bid item shall include the work necessary to construct the rain garden and outlet (subsurface gravel drain) to the lines and grades as noted in 01000 - 9 the specifications and drawings. Sheet C3 and detail 2 on sheet C9 provide a description of the work. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of the work installed. Schedule 3. Stream Acess and Trails * General: This bid item shall include the work necessary to construct the stream access and trails to the lines and grades as noted in the specifications and drawings. This schedule includes installation of the boulders, dry stacked boulder wall, bark mulch, and edging, but not the trees and shrubs. Detail 1 on sheet LA301 and Details 3, 7 and 8 on sheet LA501 generally show the work in question, but other plans describe this work as well. This schedule includes the area inside the loop trail, near the stream access. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of the work installed. Schedule 4. Playground and Benches * General: This bid item shall include the work necessary to construct the playground and benches as noted in the specifications and drawings. This schedule includes installation of the improvements shown on sheet LA105 with the exception of the trees, shrubs, trails, dry stack boulder wall, stream access and other stream work. Other plans and details describe this work as well. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of the work installed. Schedule 5. Trees, In Place * General: This bid item shall include providing and installing the trees shown on the plans. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be per each new tree planted, in place. * Payment: Payment shall be at the contract unit price per each new tree planted, in place. 01000 - 10 Schedule 6. Shrubs, In Place * General: This bid item shall include providing and installing the shrubs shown on the plans. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be per each new shrub planted, in place. * Payment: Payment shall be at the contract unit price per each new shrub planted, in place. Schedule 7. Buck and Pole Fence * General: This bid item shall include the work necessary to construct the buck and pole fence as noted on the plans. * Work Included: All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of the work installed. 01000 - 11 SECTION 01050 FIELD ENGINEERING 1.1 GENERAL A. ENGINEER has established primary control with control points adjacent to the Work as shown in the Contract Documents. ENGINEER shall develop and make all detailed surveys needed for construction such as slope stakes, batter boards, and other working points, lines, and elevations for all other work on this project. 1.2 PRESERVATION OF REFERENCE POINTS: A. Carefully preserve bench marks, reference points, lot corners, section corners, and stakes (other than those specifically designated for removal on the Drawings) and in case of destruction the CONTRACTOR shall be charged for the resetting of such points and shall be responsible for correcting any mistakes that may be caused by their unnecessary loss or disturbance at contractor's expense. PART 2 -PRODUCTS None PART 3 -EXECUTION None END OF SECTION 01050 01050 - 1 SECTION 01060 PERMITS PART 1 - GENERAL 1.1 WORK INCLUDED Except as otherwise noted, the OWNER will, obtain, and pay for all requisite permits to work within the project watercourse. It is the responsibility of the CONTRACTOR to maintain, and proceed in conformity with all required permits for the Work. The following permits will be the responsibility of the CONTRACTOR if applicable: A. Montana Pollution Discharge Elimination System Construction Dewatering General Permit' The following permits will be the responsibility of the OWNER: 1. US Army Corps of Engineers 404 permit 2. MFWQ SPA 124 Permit 3. DEQ 318 Authorization 4. DEQ 410 Certification 5. DEQ Stormwater Discharge Permit Associated with Construction Activity 6. City of Bozeman Floodplain Development Permit 7. City of Bozeman Storm Water Management Permit B. CONTRACTOR represents it will perform all work in strict accordance with all Permit requirements, and will fully cooperate and timely comply with all directions of OWNER or other responsible agencies related to the Permit requirements. C. CONTRACTOR represents by submitting its Bid that it has familiarized itself with all Permit requirements and will strictly comply therewith. Any fines, penalties, or other costs incurred by the OWNER arising out of or relating to the Work and/or the Permits therefore will be fully repaid to the OWNER by the CONTRACTOR. D. CONTRACTOR shall obtain copies of all Permits necessary for the completion of the Work. Any costs associated with Permits that must be obtained by CONTRACTOR shall be included as part of the Contract Price and no change order will be issued to increase the Contract Price because of costs associated with Permits. Prior to proceeding with the work authorized by the Permit, the CONTRACTOR shall supply to the OWNER a copy of all Permits obtained. CONTRACTOR must comply with all Permits regardless of whether or not the 01060 - 1 Permit is held in its name. CONTRACTOR shall perform all compliance testing required by the permits. 1.2 SUBMITTALS: Copies of all permits obtained by CONTRACTOR. Results of compliance testing shall be submitted to ENGINEER for OWNER'S records. PART 2 - PRODUCTS None PART 3 - -EXECUTION None END OF SECTION 01060 01060 - 2 SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PART 1 - GENERAL 1.1 DEFINITIONS A. Quality Control - planned and specific actions or operations necessary to produce a product that complies with the contract documents. Quality control consists of actions, inspections, sampling and testing necessary to ensure the work is in compliance with the contract documents and to control production and construction processes. Quality control is keyed to the construction sequence to quickly determine when the work is out of compliance with the contract documents and to respond to correct the situation and bring the work into compliance. Quality control is the responsibility of the CONTRACTOR. B. Quality Assurance — planned and systematic observations, testing and actions to verify that the work complies with the contract documents. Quality assurance includes oversight of the CONTRACTOR's quality control, verifying the results of the CONTRACTOR's testing and additional assurance sampling and testing. Quality assurance will not be adequate for the CONTRACTOR's production and placement needs. The ENGINEER will provide quality assurance. C. Verification/Compliance Testing — sampling and testing which is carried out independent of the CONTRACTOR's quality control testing to confirm/verify that the work complies with the contract documents. The frequency of verification/compliance testing will be determined by the ENGINEER and may not be adequate for the CONTRACTOR's production and placement needs. Verification/compliance testing will not be used to determine construction procedures or operations (i.e. rolling patterns, lift thickness, etc.). Verification/compliance testing will be provided by the ENGINEER. 1.2 SUBMITTALS A. Submit records of all CONTRACTOR tests to the ENGINEER within 24 hours of the testing. The Quality Control laboratory is to notify the CONTRACTOR and ENGINEER promptly of irregularities or deficiencies observed in the Work during performance of the Quality Control Testing. 01400 - 1 PART 2 -PRODUCTS None PART 3 -EXECUTION 3. 1 GENERAL A. Quality control testing frequency is at CONTRACTOR discretion, except where tests are specifically required for individual materials/products. CONTRACTOR is responsible to determine the type and quantity of testing necessary for adequate quality control to provide completed WORK in compliance with these specifications. 3.2 COOPERATION WITH QUALITY ASSURANCE A. Assure that the OWNER's personnel and ENGINEER have access to all work areas at all times work is in progress. Provide any special facilities or equipment to access work areas at CONTRACTOR'S expense. B. Notify the ENGINEER when the work is ready for quality assurance testing. Establish and update the construction schedule to provide the ENGINEER estimated sampling/testing dates and times. OWNER may choose to obtain a split and comparison test of any samples collected for quality control testing. Provide adequate notice of testing plans to coordinate collection of samples. END OF SECTION 01400 01400 - 2 CONSTRUCTION SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS SECTION 01570 CONSTRUCTION TRAFFIC CONTROL (TD&H Engineering Modification to the City of Bozeman Modifications to MPWSS) Modifications: PART 3 -EXECUTION. Paragraph 3.1.F ADD: Traffic control devices to be utilized during hours of darkness shall be lighted in addition to the requirements of Section 0 15 70. PART 4—MEASUREMENT AND PAYMENT. Paragraph 4.1 DELETE and ADD: No separate measurement will be made for the various components and work items related to construction traffic control. The cost of all work related to construction traffic control shall be merged and included in the contract unit price for other items. Payment shall be full compensation for the cost of all signs, lights, traffic control devices, flag persons, water for dust control and other items necessary for traffic control. END OF SECTION 01570 - 1 SECTION 02105 CLEARING AND GRUBBING PART 1-GENERAL 1.1 SECTION INCLUDES: A. Clearing: Removal of trees, shrubs, brush, branches,downed timber,weeds,tall grass, and similar vegetation. B. Grubbing: Removal of rocks,boulders, stumps, roots, and other vegetation below ground level, including debris and existing structures. PART 2-PRODUCTS NONE PART 3-EXECUTION 3.1 REQUIREMENTS A. Clearing 1. Remove all trees, shrubs, brush, grass, weeds and other vegetation in conflict with the Work. Refer to the construction plans to identify trees to be removed. 2. Perform all clearing in a safe, prudent and lawful manner and only within the construction limits indicated on the Drawings. 3. Brush and small trees may be mowed or chipped, removed and stockpiled as part of topsoil stripping, and incorporated into the topsoil for reclamation. Do not compost noxious weeds and associated soil. B. Grubbing 1. Remove all rocks, boulders, and vegetation below ground level, all debris, pipes, structures, pavements, base course, fences and other obstructions left within the work limits after clearing, unless designated to remain. 2. Remove all tree stumps. Remove all roots larger than 1/2-inch in diameter. When removal of roots endangers the stabilityor survival of a tree, contact engineer prior to removing the tree. 02105 - 1 3. Perform grubbing in advance of grading operations. Backfill holes created by removal of stumps and boulders with native materials. C. Disposal 1. Unless indicated otherwise, dispose of all material removed as a result of clearing and grubbing off-site in a legal manner according to local, State, Tribal, and Federal regulations. 3.2 PROTECTION A. Protect all trees, structures, utilities and other features beyond areas identified on the plans to be cleared. B. Do not trespass beyond construction limits. C. Do not remove trees identified on the plans as trees "to remain' without the approval of ENGINEER. END OF SECTION 02105 02105 -2 SECTION 02250 EARTHWORK PART 1 - GENERAL A. The Contractor shall perform all site grading and excavation work required on the site to the lines, dimensions, contours and elevations as indicated on the drawings or as otherwise required to complete the construction. This work shall include topsoil stripping, topsoil stockpiling, site grading, preparation of subgrade, materials removal and disposal, stabilizing subgrades, including stripping and compacting, final grading, dressing and cleanup of the site as required by the drawings and specifications. PART 2 -APPLICABLE PUBLICATIONS. The publications listed below form a part of these specifications to the extent referenced. The publications are referred to in the text by the basic designation only. American Association of State Highway and Transportation Officials (AASHTO). AASHTO T-88 Particle Size Analysis of Soils AASHTO T-89 Determining the Liquid Limit of Soils AASHTO T-90 Determining the Plastic Limit and Plasticity of Soils AASHTO T-99 Moisture-Density Relation of Soils using a 5.5-lb. Rammer and a 12-In. Drop PART 3 - PRODUCTS. 3.1 General Borrow. A. Where borrow excavation is necessary, the material shall be obtained from borrow areas approved by the Engineer. For off site borrow, the Contractor shall make all necessary arrangements to obtain borrow material, including all royalty and other charges involved. No additional payment will be made to the Contractor for imported borrow. Borrow material shall be selected to meet the requirements and conditions for backfill or embankment for which it is to be used. All borrow material shall be approved by the Engineer prior to depositing on the site. Upon completion of the work, all borrow areas, whether on or off site, shall be left in a neat and workmanlike condition. All borrow areas shall be left free draining with the approval of the property owner. 3.2 TYPE C ROCK A. Type C Rock will be naturally rounded in shape and will have a naturally 02250 - 1 smooth surface, such as rockthat has as its source a former stream, river or glacial deposit. Rock will be hard and durable rock with less than 35 percent wear when tested for resistance to abrasion in conformance to ASTM C535. Bulk density will not be less than 165 pounds per dry cubic foot. The least dimension of any one piece will not be less than 1/3 the greatest dimension. Shot quarry rock, crushed Rock, broken concrete or recycled construction products will not be allowed. Each load of Rock will be reasonably well graded from the smallest to the maximum size specified. B. All Rock less than 18-inch diameter (as measured on the B-Axis) will be measured along the B-axis, which is the second largest dimension of the Rock. That is, use the dimensions of length, height, and width to describe the Rock; with length being the A-axis and the longest dimension of the Rock,then the B-axis is the longer of the height and width dimensions. C. The Rock Type specified herein will achieve the desired gradation. However, the ENGINEER will coordinate with the CONTRACTOR to review Rock sources and mixtures and adjust gradations to achieve a desired overall gradation. As such, the Rock Type gradations provided herein should not be considered overly strict, conservative or limiting. The contractor is encouraged to suggest variations to the gradations of this rock Type to achieve a suitable overall rock gradation. Material shall meet the gradation requirements specified in the table below. TABLE 02250-1 Type C Rock Gradation % of Total Weight Particle Size (in.) That Must Be Smaller Than Given Size 20 100 I 1 70 -100 6 35 - 80 2 10 - 65 <2 0 - 25 3.3 TOPSOIL Topsoil specifications are provided in Sections 02930 and 02940 of these specifications. 02250 -2 PART 4 -EXECUTION. 4.1 TOPSOIL STRIPPING A. In all locations where grading is proposed on the site, as shown on the plans or described in the specifications, topsoil shall be removed to a point were organics are absent from the soil. Removed topsoil shall be stockpiled and conserved for potential placement in landscaped and nonstructural areas. An area for stockpiling topsoil will be shown on the plans, if a specific location is required. 4.2 EXCAVATION TO GRADE A. Excavation shall be made to the grade, dimensions and cross sections as shown on the drawings. Care shall be taken to insure that no excavation is made below grade or beyond the dimensions of the planned excavations. In the event that excavating is made beyond the above limits, the Contractor shall replace the excavated materials and compact the replaced material in accordance with subsection 4.3 at no additional cost to the Owner. 4.3 GENERAL FILL A. Where fill is required, the fill shall be composed of sound earth, sand or gravel, free from organic matter or other objectionable foreign material. No rocks having a maximum dimension greater than six inches shall be placed in a fill. The area to receive fill shall be stripped of all vegetation and other unsuitable material before fill is placed. Slopes shall have surfaces broken up in such a manner that fill material will bond with existing surface. The fill shall be placed in layers not exceeding six inches. In structural areas, the material in each layer shall be moistened-conditioned and shall be compacted to at least 95 percent of the maximum dry density as determined by AASHTO T-99. In nonstructural areas, such as landscaping, compaction to 85 percent is required. Wherever possible, all fill material shall be obtained from the excavation area. Borrow shall be taken from a source approved by the Engineer. 4.4 IN STREAM CHANNEL AND FLOODPLAIN EXCAVATION/FILL. A. In-stream channel excavation and fill including channel grading and construction shall be conducted as shown on the drawings and directed by the ENGINEER. B. Type C Rock will be used for the construction of riffles and floodplains as shown on Project Plans. 02250 - 3 C. It is anticipated that existing alluvial gravels will be sufficient for the construction of pools and no additional fill will be required. ENGINEER shall be on-site to verify suitability of gravels. D. For clean sands, gravel, and cobble fill materials to be placed in the channel, no compaction other than that obtained by placement is required, unless compaction is needed to ensure void areas are completely filled. 4.6 FINISH GRADING OF SITE A. Promptly after completion of channel and bridge construction, the areas next to the improvements shall be shaped in accordance with the typical section or contours shown on the drawings, and brought to a uniform, smooth grade. Fill material placed in such areas shall be free from stones, sticks or other materials which will be objectionable for seeding or sodding purposes. The Contractor shall maintain the area until final acceptance of the project. 4.7 DISPOSAL OF EXCESS MATERIAL B. Excess material such as excavation, rock, broken concrete, bituminous materials, debris or other materials not suitable for backfill or fill as determined by the ENGINEER, shall be removed from the site and wasted in an approved manner. Disposal costs shall be borne by the Contractor. 4.8 CLEANUP A. Excess material will not be permitted to be accumulated and shall be removed concurrently with the finishing operation. Care will be taken to prevent the entrance of the material into drainage structures, other waterway, or storm sewers during the construction period. END OF SECTION 02250 02250 - 4 SECTION 02255 ROCK REVETMENT PART 1 - GENERAL 1.1 DESCRIPTION: A. Work shall consist of furnishing all equipment, materials, labor and performing all operations in connection with placement of rock revetment for as shown on the drawings. 1.2 MATERIALS SUBMITTAL A. CONTRACTOR shall either submit samples of borrow source materials for verification of appropriate materials or provide location of borrow source to allow ENGINEER to evaluate materials. PART 2-PRODUCTS Construction materials shall conform to the requirements shown on the drawings, or as specified. 2.1 TYPE A ROCK (RIPRAP) A. Provide rock that is hard, dense, durable, reasonably well-graded, angular in shape, resistant to weathering and water action, free of cracks, seams, overburden, spoil, shale, structural defects, and organic material and defects that would accelerate degradation by water and/or frost action. Each rock must have its greatest dimension not greater than three times its least dimension. Do not use rounded rock or boulders from a streambed source as riprap. Material shall meet the gradation requirements specified in the design drawings and provided in the table below. %of Total Weight of Rock Equivalent Spherical Weight That Must Diameter* Be Smaller Than Given Size 700 pounds 2.00 ft 100 500 pounds 1.79 ft 70-90 200 pounds 1.32 ft 40-60 20 pounds 0.61 ft 0-10 02255 - 1 2.2. TYPE B ROCK A. Rock will be naturally rounded in shape and will have a naturally smooth surface, such as Rock that has as its source a former stream, river or glacial deposit. Rock will be hard and durable rock with less than 35 percent wear when tested for resistance to abrasion in conformance to ASTM C535. Bulk density will not be less than 165 pounds per dry cubic foot. The least dimension of any one piece will not be less than 1/3 the greatest dimension. Shot quarry rock, crushed Rock, broken concrete or recycled construction products will not be allowed. Each load of Rock will be reasonably well graded from the smallest to the maximum size specified. B. TYPE B ROCK will be used to construct the riverbank toe revetment. The Rock Type specified herein will achieve the desired gradation. However, the ENGINEER will coordinate with the CONTRACTOR to review Rock sources and mixtures and adjust gradations to achieve a desired overall gradation. As such, the Rock Type gradations provided herein should not be considered overly strict, conservative or limiting. The contractor is encouraged to suggest variations to the gradations of this rock Type to achieve a suitable overall rock gradation. Material shall meet the gradation requirements specified in the table below. TABLE 02255-2 Type B Rock Gradation % of Total Weight Particle Size (in.) That Must Be Smaller Than Given Size 21 100 17 84 14 50 12 30 8 15 PART 3—EXECUTION Rock for the riverbank toe and riprap revetment shall be placed to the grades and in the location indicated on the plans. The ENGINEER will provide field oversight on all rock work. 02255 - 2 3. 1 TYPE A ROCK(RIPRAP)AND TYPE B ROCK APPLICATION A. The construction of the rock revetment shall be in accordance to the plans. Installation will be overseen by the engineer. B. Place geotextile fabric in accordance with Project Plans and Specification Section 2925. C. Place riprap from the base of the slope upward. The freefall height of riprap in no case shall exceed one foot. D. Install Soil Encapsulated Coir Lift in accordance with Project Plans and Specification Section 2260. END OF SECTION 02255 02255 - 3 SECTION 02260 SOIL ENCAPSULATED COIR LIFTS 1. GENERAL A. This special provision describes constructing riverbank stabilization, consisting of fabric encapsulated soil lifts (FES) lifts as shown on the plans, as directed by the engineer, and as described herein. 2. PRODUCTS. 2.1 WOOD STAKES A. Wood Stakes shall be used to anchor all coir fabrics. Stakes shall be solid and free of knots or defects. Chemical treated lumber will be rejected. Stakes shall be 18" in length. Stakes shall be wedge shaped with a minimum equivalent diameter equal to 1.5"at the top and should come to a point at the bottom. Stakes should be constructed by cutting a standard grade 2"x 4" lumber lengthwise along the diagonal to create wedge shaped stakes, or by some other method resulting in a stake of dimensions approved by the ENGINEER. 2.1.1 WIRE STAPLES A. Wire staples shall be 0.091-inch in diameter or greater and have a "U" shape with legs 6-to 8-inches in length, with a 1- to 2-inch crown. For slopes steeper than three horizontal to one vertical (3:1), use staples with a minimum length of 8 inches. 2.2 SOIL MIX A. The soil mix used is specified in Section 02940 of these specifications. 2.3 STONE TOE A. Material requirements for Type B ROCK for toe are specified in Section 02255. 2.4 SEED A. Seed mixture applied in FES lifts is "Native Stream and Floodplain Seed Mix" specified in Section 02930, 2.2A. 02260 - 1 2.5 EROSION CONTROL FABRICS TYPE B AND C A. Erosion control fabrics applied in FES lifts are specified Section 02925 of these specifications. 3. EXECUTION 3.1 FES LIFTS A. The number of lifts shall be the same along the entire project reach. Lifts shall be 0.6 to 1 feet in height so that the top of bank elevation along the entire project reach is met per the Plans. The elevation of lifts to be installed shall be in accordance to the plans. Installation will be overseen by the engineer. Care shall be taken to maintain integrity of fabric material, and minimize seams. Disturbed banks within each river cut should be limited to the length of work that can be completed within a single day to minimize the area exposed to potential flooding. B. Construction shall only occur during times of low flow to reduce any need for dewatering. Perform all shaping of subgrade to the elevations, lines and grades, as shown. Shape, trim, and finish slopes of channels to conform with the subgrade lines, grades, and cross sections as shown. The subgrade shall be graded to a smooth condition free from depressions and protruding rocks, sticks, and other debris which may prevent a smooth application or that may damage the fabric. Grout toe rock with soil grout sufficient for plant growth. Care shall be taken to remove all objects that would interfere with application or damage the coir fabrics. The finished subgrade will be approved by the Engineer prior to placement of any new material. C. Note that lifts are intended to curve as shown in the plans to maintain a more naturalized bank appearance. Degree of curvature will be adjusted in the field by the engineer, to match limits suitable to maintain the integrity of the FES lift. Rigid forms, if used, may need modification to achieve this. Place forms along the bank in locations to achieve the lines and grades shown on the Plans. D. End transitions shall be secured by burying not less than five linear feet of both the inner and out fabrics under the subgrade, properly staked and toed in, then backfilled smooth for placement of rip rap over top. Transitions are sensitive areas and some adjustments should be expected to ensure smooth and stable transitions from rock to fabric occur. E. Following completion of each fabric encapsulated lift bank installation, review the installation for areas of loose fabric or locations of voids between fabrics 02260 -2 and soil. Secure these areas with supplemental stakes or staples to ensure that fabrics are tight and in solid contact with the underlying soil. The ENGINEER will review fabric staking prior to project completing, and may request additional staking in identified areas of loose fabric or voids. END OF SECTION 02260 02260 - 3 SECTION 02925 GEOTEXTILE AND EROSION CONTROL FABRIC PART 1 - GENERAL 1.1 DESCRIPTION: A. This work consists of furnishing and placing a geotextile fabric as a permeable separator between dissimilar materials, such as between subgrade and subbase/base, subgrade and gabions, permanent erosion control measure, sediment control device or subsurface drainage fabric, and to aid in stabilizing poor subgrade soils. This work also includes the furnishing and placing of bio-degradable erosion control fabric used to provide temporary stability to soils to prevent erosion until permanent vegetation is established. 1.2 SUBMITTALS: A. Manufacturer's specifications that include at a minimum the properties contained in the Tables shown herein. PART 2-PRODUCTS 2. 1 TYPE 1 GEOTEXTILE FILTER FABRIC A. Filter fabric geotextile shall be Propex Geotex 801 or approved equal that meets the average roll values in Table 02925-1. 1. Fibers used in the manufacture of geotextiles, and the threads used in joining geotextiles by sewing, shall consist of long-chain synthetic polymers,composed of at least 85%by weight polyolefins, polyesters,or polyamids. They must be formed into a network so the filaments on yarns retain dimensional stability relative to each other, including selvedges.All non-woven geotextile shall be needle punched. Heat-bonded or resin- bonded geotextiles shall not be used. Geotextile materials shall meet the physical requirements of Table 02925-1. 02925 - 1 TABLE 02925-1 Non-woven Geotextile Filter Fabric Minimum Average Roll Values Property Test Method Value Units Tensile Strength ASTM D 4632 Grab test 205 lbs Puncture Strength ASTM D 4833 525 lbs Elongation at Failure ASTM D 4632 >50 % Trapezoidal Tear ASTM D 4533 80 lbs Ultraviolet light(% ASTM D 4355 70 % residual tensile strength) 150-hr exposure Permittivity ASTM D 4491 1.5 sec 2 Water Flow Rate ASTM D 4491 110 gal/min/ft2 Apparent Opening Size ASTM D 4751 #80 max. U.S. Sieve Size 2.2 TYPE A EROSION CONTROL FABRIC A. Biodegradable Erosion Control Blanket shall be North American Green C125BN, or an approved equal by the Engineer, and shall conform to the properties in Table 02925-2 and 02925-3. 1. The blanket shall be of consistent thickness with the coconut evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom sides with 100% biodegradable woven natural organic fiber netting.The netting shall consist of machine directional strands formed from two intertwined yarns with cross directional strands interwoven through the twisted machine strands(commonly referred to as Leno weave) to form an approximate 0.50 x 1.0 in(1.27 x 2.54 cm)mesh. The blanket shall be sewn together on 1.50 inch(3.81 cm)centers with degradable thread. The blanket shall be manufactured with a colored thread stitched along both outer edges(approximately 2-5 inches [5-12.5 cm] from the edge)as an overlap guide for adjacent mats conditioned and shall be compacted to at least 95 percent of the maximum dry density as determined by AASHTO T-99. In nonstructural areas, such as landscaping, compaction to 85 percent is required. TABLE 02925-2 Type A Erosion Control Material Content Component Material Value Units Matrix 100% Coconut Fiber .5 Lbs/sq yd Netting Leno Woven 100% 9.3 Lbs/1000 biodegradable jute sq.ft Thread I Biodegradable 02925 - 2 TABLE 02925-3 Type A Erosion Control Minimum Average Roll Values Property Test Method Value Units Thickness ASTM D6525 .23 In. Resiliency ECTC Guideline 85 % Water Absorbency ASTM D1117 365 % Mass/Unit Area ASTM 6475 9.79 Oz/sy Swell ECTC 40 Guidelines Smolder Resistance ECTC Guidelines Yes Stiffness ASTM D1388 .11 Oz-in Light Penetration ASTM 36567 16.2 % Tensile Strength—MD ASTM D6818 206.4 Lbs/ft Elongation MD ASTM D6818 15.3 % Tensile Strength—TD ASTM D6818 145.2 Lbs/ft Elongation TD ASTM D6818 12.9 % Biomass Improvement ASTM 7322 473 % Permissible Unvegetated Shear 2.35 Psf Stress Permissible Unvegetated 10.0 Ft/s Velocity Roll Size 8 x 112 ft 2.3 TYPE B EROSION CONTROL FABRIC A. Biodegradable Erosion Control Blanket shall be North American Green S7513N, or an approved equal by the Engineer, and shall conform to the properties in Table 02925-4 and 02925-5. 1. The short-term single net erosion control blanket shall be a machine produced mat of 100% agricultural straw with a functional longevity of up to 12 months. (Note: functional longevity may vary depending upon climactic conditions. Longevity, soil, geographical location, and elevation. The blanket shall be of consistent thickness with the straw evenly distributed over the entire area of the mat. The blanket shall be covered on 02925 - 3 the top side with a 100%biodegradable woven natural organic fiber net. The netting shall consist of machine directional strands formed from two intertwined yarns with across directional strands interwoven through the twisted machine strands (commonly referred to as a Leno weave)to form approximate 0.50 x 1.0 in. (1.27 x 2.54 cm) mesh. The blanket shall be sewn together on 1.50 inch (3.81 cm)centers with degradable thread. The blanket shall be manufactured with a colored thread stitched along both outer edges (approx.. 2-5 inches) from the edge as an overlap guide for adjacent mats. TABLE 02925-4 Type B Erosion Control Material Content Component Material Value Units Matrix 100% Straw Fiber .5 Lbs/sq yd Top side only: Leno 1000 Netting Woven 100% 9.3 Lb q s .ft biodegradable jute q.ft Thread Biodegradable 02925 -4 TABLE 02925-5 Type B Erosion Control Minimum Average Roll Values Property Test Method Value Units Thickness ASTM D6525 .29 In. Resiliency ECTC Guideline 81.4 % Water Absorbency ASTM D1117 440 % Mass/Unit Area ASTM 6475 9.12 Oz/sy Swell ECTC Guidelines 15.7 % Smolder Resistance ECTC Guidelines Yes Stiffness ASTM D1388 6.92 Oz-in Light Penetration ASTM 36567 9.1 % Tensile Strength—MD ASTM D6818 146.4 Lbs/ft Elongation MD ASTM D6818 10.9 % Tensile Strength—TD ASTM D6818 109.2 Lbs/ft Elongation TD ASTM D6818 14.3 % Biomass Improvement ASTM 7322 398 % Permissible Unvegetated Shear 1.6 Psf Stress Permissible Unvegetated 5 Ft/s Velocity Roll Size 6.67 x 108 ft 2.4 TYPE C EROSION CONTROL FABRIC A. Biodegradable Erosion Control Blanket shall be Geocoir Dekowe 700, or an approved equal by the Engineer. , and shall conform to the properties in Table 02925-6. 1. The short-term single net erosion control blanket shall be a machine produced inat of 100%biodegradable spun coir fabric for longevity of up to 48 months. (Note: functional longevity may vary depending upon climactic conditions. Longevity, soil, geographical location, and elevation. 02925 - 5 TABLE 02925-6 Type C Erosion Control Minimum Average Roll Values Property Test Method Value Units Thickness ASTM D6525 .4 In. Water Absorbency ASTM DI 117 184 % Mass/Unit Area ASTM 6475 18.96 Oz/sy Light Penetration ASTM 6567 36 % Tensile Strength—DryASTM D 4595-86 112 Lbs/ft Elongation MD—Dry ASTM D6818 51 % Permissible Unvegetated Shear 4.46 Psf Stress Permissible Unvegetated 10 Ft/s Velocity Roll Size 9.83 X 165 ft PART 3-EXECUTION 3. 1 GENERAL: A. Replace or repair all fabric that is torn, punctured, or muddy. Remove the damaged material and place a patch of the same type of fabric overlapping 3 feet (0.9m) beyond the damaged area. 2.5 EROSION CONTROL FABRIC STAPLES A. Staples are specified in Section 02260. 3. 2 TYPE I GEOTEXTILE FILTER FABRIC APPLICATIONS: A. Store, handle, and deploy filter fabric in accordance with manufacturer recommendations and as specified herein. Place filter fabric between the prepared subgrade and rock or riprap, as shown on the Drawings. Subgrades will be subject to approval by the ENGINEER prior to placement of filter fabric. Place filter fabric by unrolling the fabric parallel with the bank. Overlap successive geotextile sheets in such a manner that the upstream sheet is placed over the downstream sheet and/or up slope over down slope. Overlap adjacent seams a minimum of 2 feet when over compacted subgrade. Make seam overlaps 3 feet in areas of poor subgrade compaction. Provide a minimum offset of 5 feet between adjacent roll ends. Anchor fabric or otherwise hold firmly in place to prevent movement during construction. Pins or other methods that puncture the fabric are not allowed. Place filter fabric and secure against the prepared 02925 - 6 subgrade surfaces such that the geotextile is in continuous (smooth) contact between the geotextile and subgrade with no void areas or wrinkles. 3. 3 TYPE A and B EROSION CONTROL FABRIC APPLICATIONS: A. Store, handle, and deploy filter fabric in accordance with manufacturer recommendations and as specified herein. B. The subgrade for Surface Fabric Treatment shall be graded to a smooth condition free from depressions and protruding rocks, sticks, and other debris which may prevent a smooth application or that may damage the fabric. Care shall be taken to remove all objects that would interfere with application or damage fabrics. C. Apply Seed per Project Plans to the prepared subgrade prior to placement of fabrics. D. Unroll fabric on subgrade and fasten fabric with staples in accordance with Project Plans. E. Damaged fabric shall be repaired or replaced. If damaged fabric has a tear of 6 inches or less, scrap fabric may be placed beneath damaged woven fabric such that it extends 24 inches beyond the damaged area in all directions. Stake around the tear with 4 wooden stakes on 12 inch centers. Fabrics with tears greater than 6 inches shall be replaced at the Contractor's expense. 3.4 TYPE C EROSION CONTROL FABRIC APPLICATIONS: A. Type C Erosion Control Fabric shall be used in conjunction with Type B Erosion Control Fabric as specified on the Project Plans and Specifications Section 2260. END OF SECTION 02925 02925 - 7 SECTION 02930 TURF AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.2 DESCRIPTION The work contained within this section consists of all items and products necessary to install the proposed turf and grasses planting areas as drawn on the plans. These delineated areas include, but are not limited to: A. Native stream bank and floodplain seed areas B. Native upland seed areas within stream floodway and 50-foot watercourse set- back C. Salvaged wetland sod mats D. Turf grass seed and sod areas 1.3 RELATED WORK DESCRIBED ELSEWHERE A. Site Clearing Section 02105 B. Earth Moving Section 02250 C. Irrigation Section 02950 D. Exterior Plants Section 02940 1.4 DEFINITIONS A. Finish Grade: Elevation of finished surface of the planting soil B. Manufactured Soil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or plant- ing soil. C. Planting Soil: Standardized topsoil; existing, native surface topsoil, existing, in place surface soil, imported topsoil, or manufactured topsoil that is modified with soil amendments to produce a soil mixture optimized for plant growth. D. Soil Amendments: Organic and non-organic material, additives, and mixtures which augment the performativity of planting soil in a manner conducive to plant 02930- 1 growth. Examples include, but are not limited to, soil pep, sandy loam, gravel fines, fertilizer, manure, perlite, and compost. E. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill immediately beneath planting soil. F. Turf: Bluegrass/Fescue seed mix for use in pedestrian, play, and general open spaces of the park. Seed/sod roll mix as specified on drawings by landscape ar- chitect or wetland vegetation specialist. G. Native Seed/Sod Mix:Seed mixture of native grasses that would historically be found near or adjacent to streams, wetlands, and their associated buffers. Seed mixes as specified on drawings by landscape architect or wetland vegetation spe- cialist. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful turf and native seed mix establishment, related to streams, wetlands, and/or their associated buffers, within 100 miles of the project site during the past 5 years. B. Installer Field Supervision: Installer is required to maintain an experienced, full- time supervisor on the project site at all times when planting is in progress C. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the Montana State Department of Agriculture, with the experience and capabil- ity to conduct the testing indicated herein. D. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stat- ing percentages of organic matter, gradation of sand, silt, and clay content, cation exchange capacity, sodium absorption ratio, deleterious material, pH, and mineral and plant nutrient content of topsoil. Soil analysis shall report suitability of topsoil for turf growth, and shall state rec- ommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. E. Planting Stock Standards: All live planting stock(sod, sprigs, plugs) shall conform to the following stand- ards: 1. Percent Live Matter: a. Pure living sprigs (minimum by count) 90.0% b. Other living plants (maximum by count) 1% C. Total objectionable weeds' (maximum) None 02930- 2 d. Common Bermudagrass, Canada Thistle, Bindweed, Bentgrass, Perennial 2. Sorrel, Annual Bluegrass(Poa annua) a. Premium Grade: Planting stock shall contain only the species and variety of grass as shown on the invoice slip, and shall contain no weeds or foreign grasses. It may have no visible signs of disease or insect stress. Sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked-up and handled without damage. F. Seed Certification Standards: All seed shall be blue-tag certified, and shall contain no noxious weed seed. Seed older than I year shall not be used. G. Seed Germination Standards: All seed mixes will conform to the following standards: 1. Minimum 95 percent germination 2. Minimum 85 percent pure seed 3. Maximum 0.5 percent weed seed H. Soil Amendment Standards: Topsoil and soil amendments shall be free of slag, cinders, stones, lumps of soil, sticks, roots, trash, or other extraneous materials larger than 1.5 inches in diameter. Topsoil must also be free of viable plants or other plant parts. 1.6 PRODUCT HANDLING A. Time Limitations All live planting stock (sod, sprigs, and plugs) shall be harvested, delivered, and installed/transplanted within a period of 24 hours, unless a suitable preservation method is approved prior to delivery. Turfgrass sod not transplanted within this period shall be inspected and approved by the inspecting officer or her representative prior to its installation. B. Live Plant Stock Delivery and Off-Loading: Turfgrass sod shall be delivered to the specified site and off-loaded using equipment furnished by the turfgrass sod supplier. Palletized or large-roll turfgrass sod shall be off-loaded at the locations designated for this purpose at the installation site. C. Seed/Packaged Materials Delivery and Off-Loading: All seed and other dry, packaged materials shall be delivered in original, unopened containers showing weights, certified analysis, name and address of manufacturer, and indication of conformance with state and federal laws, when applicable 02930-3 D. Storage: All live planting stock awaiting installation shall remain in a shaded area on-site, isolated from wind and dust, and shall be intermittently watered to prevent drying. All seeds shall be stored in a cool, dry, elevated location and shall be protected from premature exposure to moisture. 1.7 SUBMITTALS A. Product Data: For each type of product identified, include a denotation of plant/seed quantities, square footages, and other relevant data(labels, manufacturer's instructions). B. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer or seed/sod grower C. Qualification Data: Include qualifications and list of successful projects with imagery for the landscape installer. D. Material Test Reports: For existing surface soil and imported topsoil. E. Certification of Grass Seed: From seed vendor for each grass-seed mono-stand or mixture stating the botanical and common name, percentage by weight of each species and variety, and percentage of purity, germination, and weed seed, including the year of production and date of packaging. Certification of each seed mixture for native seed mixes shall be included. Identify name and telephone number of supplier. All species substitutions shall be pre-approved, in writing, by the wetland vegetation specialist. PART 2 - MATERIALS 2.1 SUBSTITUTIONS A. No substitutions shall be permitted without prior written agreement from both the landscape architect and the wetland plant specialist 2.2 SEED 02930-4 A. Native Grass and Turf Grass Seed Mixes Seed of grass species as follows: 1. Native Stream and Floodplain Seed Mix #1 (Zones 2 & 3, Saturated & Emergent) Common Name Scientific Name Pounds/Acre* Slender wheatgrass Agropyron trachycaulum 10.0 "Sodar" streambank wheatgrass Agropyron riparium 3.0 Tufted hairgrass Deschampsia cespitosa 3.0 Fowl bluegrass Poa palustris 0.25 American mannagrass Glyceria grandis 0.25 Slender rush Juncus tenuis 0.06 *Based on a drill-seeding rate of approximately 16.56 pounds PLS per acre. The rates will be doubled for hand broadcast seeding, which is 33.12 pounds PLS per acre. Arctic rush (Juncus arcticus) can be substituted for slender rush. 2. Native Upland Seed Mix#2 (Zone 1, Transition) Common Name Scientific Name Pounds/Acre" Slender wheatgrass Agropyron trachycaulum 4.0 "Sodar" streambank wheatgrass Agropyron riparium 5.0 Canada wildrye Elymus Canadensis 4.0 Covar sheep fescue Festuca ovina 1.0 Western wheatgrass Agropryon smithii 4.0 *Based on a drill-seeding rate of approximately 18.0 pounds PLS (pure live seed) per acre. The rates will be doubled for hand broadcast seeding, which is 36.0 pounds PLS per acre. 3. Turf Grass Seed Mix(ABC Lawn Mix by Circle S Seeds, Manhattan, MT) Common Name % of Mix Kentucky Bluegrass 60 Perennial Ryegrass 25 Creep Red Fescue I *Based on a drill-seeding rate of approximately 5 pounds PLS (pure live seed) per acre. The rates will be doubled for hand broadcast seeding, which is 10 pounds PLS per acre. 2.3 SOD A. Transplanted Wetland Sod: The wetland sod source will be identified by the wetland plant specialist. The wetland sod harvest will be conducted under the supervision of the wetland plant 02930- 5 specialist. In the event an adequate sod source is not available, the lower stream banks and floodplain areas will be seeded with native stream and floodplain seed mix#I identified in section 2.a 2.4 TOPSOIL A. Topsoil: Topsoil shall conform with ASTM D 5268, with a pH range of 5.5 to 7, a minimum of 5% organic matter by weight, and shall be free of stones 1 inch or larger in diameter. 1. Topsoil Source: Reuse surface soil stockpiled on-site if suitability is verified by stream construction and/or wetland vegetation specialist. Verify suitability of stockpiled surface soil to produce topsoil according to 3 of Section E. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. 2. Topsoil Amendments: Supplement with imported or manufactured topsoil from off-site sources when quantities are insufficient. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural land, bogs or marshes. Topsoil source must have approval of wetland vegetation specialist before transportation to project site PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection Prior to all work of this section, carefully inspect the installed work of all other trades and verity that such work is complete to the point where this installation may properly commence. Ensure that surface conditions comply with requirements stated within this section and proceed only when unsatisfactory conditions have been rectified. B. Discrepancies In the event of a discrepancy, immediately notify the project manager and do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. C. Debris Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, 02930- 6 gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area. 3.2 FIELD MEASUREMENTS Make all necessary measurements in the field to ensure precise planting of sod and seed as specified in plan. 3.3 PROJECT CONDITIONS A. Scheduling Seed and sod to be installed within the below specified dates. Any changes or plantings outside of the specified timeframes must be approved in writing by the wetland planting specialist. 1. Transplanted Wetland Sod Harvest wetland mats between May 1 and June 30 when the soil is not excessively wet and the mats maintain their shape. Sod can also be salvaged in late fall, late October to early November, before the ground is frozen and just prior to the onset of snowfall. Install salvaged wetland sod mats within 24 to 48 hours of harvesting. 2. Seeding Seed mixes #1 and #2 between October 15 and May 20 provided that the ground is not frozen. 3. Weather Limitations Proceed with seeding and sodding only when existing and forecasted weather conditions permit and when beneficial and optimum results may be obtained. Do not seed into excessively wet soil. 3.4 SITE PROTECTION A. Site Protection Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. B. Erosion Control Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. Ensure that all erosion control measures comply with relevant city codes. 02930- 7 3.5 GRADING A. Native and Turf Seedbed Limit native seed subgrade preparation to areas to be planted 1. Newly Graded Subgrades Loosen subgrade to a minimum depth of 4 inches. Remove stones larger than I inch in any dimension, and remove any sticks, roots, rubbish, or other extraneous matter. All material removed shall be legally disposed off-site. Spread topsoil to a depth to a maximum depth of 8 inches, but not less than required to meet finish grade as per plan. Do not spread topsoil if subgrade is frozen, muddy, or excessively wet. 2. Finish Grading Grade planting areas to a smooth, uniform surface plane with loose, uni- formly fine texture. Grade to within plus or minus %2 inch of finish eleva- tion. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be immediately planted. 3. Erosion Restore areas if eroded or otherwise disturbed before planting. B. Wetland Sod: Limit wetland sod subgrade preparation to areas to be planted 1. Newly Graded Subgrades Loosen subgrade to a minimum depth of 4 inches. Remove stones larger than I inch in any dimension, and remove any sticks, roots, rubbish, or other extraneous matter. All material removed shall be legally disposed off-site. Spread topsoil to a depth to a maximum depth of 4 inches, but not less than required to meet finish grade as per plan. Do not spread topsoil if subgrade is frozen, muddy, or excessively wet. 2. Finish Grading Grade planting areas to a smooth, uniform surface plane with loose, uni- formly flne texture. Grade to within plus or minus ''/z inch of finish eleva- tion. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be immediately planted. 02930- 8 3. Erosion Restore areas if eroded or otherwise disturbed before planting. 3.6 FERTILIZER Do not apply fertilizer to grasses within 50 feet of the floodway of Bozeman Creek. A. Application Apply soil amendments and initial fertilizers required for establishing new turfs and mix thoroughly into top 4 inches of existing soil. B. Rate Apply a starter fertilizer at the following rates a. lb P/M/year b. 0.5 lb N/M/year C. In K/M/year 3.7 INSTALLATION A. General Conditions Examine areas to be seeded for compliance with requirements and other conditions affecting performance. Do not mix or place soils and soil amendments in frozen, wet, or muddy conditions. Suspend soil spreading, grading, and tilling operations during periods of excessive soil moisture until the moisture content reaches acceptable levels to attain the required results. Uniformly moisten excessively dry soil that is not workable and which is too dusty. B. Native Grass Seeding 1. General Conditions Do not use wet seed or seed that is moldy or otherwise damaged. Do not seed against existing trees. Limit extent of seed to outside edge of 02930- 9 planting saucer. Rake or harrow seed lightly into top '/4 to %2 inch of soil and water with fine spray. 2. Hand Broadcast Seeding Native seed mixes 41 and #2 must be hand-broadcast seeded at the rates listed in 2.02. a. Native Stream and Floodplain Seed Mix#1: Mix #1 will be seeded in Zones 2 and 3 in the saturated and emergent areas of the floodway located 18 inches or less above the post-peak surface water elevation (July) and as shown on the Typical Planting Cross-section. b. Native Upland Seed Mix#2: Native Upland Seed Mix #2 will be seeded in Zone I in the transition zone at the outside edge of the floodway in areas located at 18 inches or more above the post-peak surface water elevation (July) and as shown on the Typical Planting Cross-section. C. Turf Grass Seeding 1. General Conditions Do not seed if ground is frozen or muddy. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer. Rake or har- row seed lightly into top '/4 to % inch of soil and water with fine spray. 2. Manual Spreader Seeding Sow seed with manual spreader at rate listed in 2.02. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. D. Turf Grass Sod 1. General Conditions Do not lay sod if ground is frozen or muddy. Sod shall be from a commer- cial sod farm located in the Gallatin Valley. Sod type, condition, and source shall be approved by landscape architect and project manager. 2. Installation 02930- 10 Lay sod in a running bond pattern, ensuring that seams do not line up. Handling of sod shall be done in a manner that will prevent tearing, break- ing, drying, or any other damage. Only install sod cut within the previous 24 hours. Older sod may only be installed with the written consent of the landscape architect or wetland planting specialist. E. Wetland Sod 1. General Conditions: Do not lay sod if ground is frozen or muddy. Sod shall be from a commer- cial sod farm located in the Gallatin Valley. Sod type, condition, and source shall be approved by landscape architect and project manager. 2. Installation: Lay sod in a running bond pattern, ensuring that seams do not line up. Handling of sod shall be done in a manner that will prevent tearing, break- ing, drying, or any other damage. Sod mats must be installed to ensure that there are no air pockets between the mats and graded soil surface. Mats must be installed so as to ensure a contiguous surface without gaps to the extent possible. Mats must be compressed with the backhoe bucket or drum after placement to ensure adequate contact between the sod mat and soil surface. The uphill edge of the mats will be secured with com- pacted soil. Exposed edges of the sod mats at the up- gradient and down- gradient ends of the constructed floodway will be secured with compacted soil. 3.8 CLEANUP A. During Construction: I. Promptly remove soil and debris created by turf work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks or other paved areas. 2. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period and remove after turf is established. 3. Renovate existing turf both inside and outside the Project Limit Line that is damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles. B. Following Construction 02930- 11 1. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel, and other construction materials, and replace with new topsoil. 2. Mow, de-thatch, core aerate, and rake existing turf. 3. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation, and turf, and legally dispose of them off Owner's property. 3.9 MAINTENANCE A. The CONTRACTOR shall, for a period of one week, saturate all sod to maintain moist soil at a minimum depth of 1.5 inches below sod unless there is sufficient precipitation to keep sod mats moist for two to three weeks after installation. B. The CONTRACTOR shall reseed mixes #1 and #2 as needed to establish a healthy, viable stand of native grasses, and shall roll, re-grade, and reseed bare or eroded areas. C. The CONTRACTOR shall apply chemical herbicide and biological control agents in accordance with authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with owners operations and others in proximity to the area receiving chemical inputs. Notify owner before each application is performed. Only aquatic-labeled herbicides shall be used within 50 feet of Bozeman Creek. END OF SECTION 02930 02930- 12 SECTION 02940 EXTERIOR PLANTS PART1 -GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.2 DESCRIPTION The work contained within this section consists of all items and products necessary to install the proposed turf and grasses planting areas as drawn on the plans. These delineated areas include, but are not limited to: A. Trees B. Shrubs C. Topsoil D. Soil Amendments E. Fertilizer F. Mulches G. Tree Stabilization H. Planting Soil Mix 1.3 RELATED WORK DESCRIBED ELSEWHERE A. Site Clearing Section 02105 B. Earth Moving Section 02250 C. Irrigation Section 02950 D. Turf and Grasses Section 02930 02940- 1 1.4 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than sizes indicated, wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. C. Finish Grade: Elevation of finished surface of planting soil. D. Manufactured Topsoil: Soil produced off-site by homogeneously blending min- eral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. E. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. F. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. G. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. B. Qualification Data: For qualified landscape Installer. C. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following: 1. Manufacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. D. Material Test Reports: For existing surface soil and imported topsoil. E. Planting Schedule: Indicating anticipated planting dates for exterior plants 02940-2 F. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expira- tion of required maintenance periods. G. Warranty: Sample of special warranty. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants related to streams, wetlands and/or their associated buffers, within 100 miles of Project Site during the past 5 years. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. 2. Wetland Plant Specialist Supervision: Require that Wetland Plant Specialist be present to verify final location for trees and shrubs installed within Bozeman Creek floodway. B. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. C. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for plant growth. State-recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. D. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." 1. Selection of exterior plants purchased under allowances will be made by Wetland Plant Specialist. E. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inchesabove the ground for trees up to 4- inchcaliper size, and 12 inches above the ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip- to-tip. 02940- 3 F. Observation: Wetland Plant Specialist may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Wetland Plant Specialist retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. All materials judged to be defective shall be removed and replaced at the Landscape Contractors expense. 1. Notify Wetland Plant Specialist of sources of planting materials seven days in advance of delivery to site. G. Pre-Installation Conference: Conduct conference at Project site. 1.7 DELIVERY, STORAGE, AND HANDLING A.Deliver exterior plants freshly dug. 1. Immediately after digging up bare-root stock, pack root system in wet straw, hay, or other suitable material to keep root system moist until planting. B. Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling. C. Handle planting stock by root ball. D. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants and trees in shade, protect from weather and mechanical damage, and keep roots moist. All trees and shrubs not immediately planted must be set in mulch bed that completely covers root ball and watered with a temporary automatic drip irrigation system. 1. Heel-in bare-root stock. Soak roots that are in dry condition in water for two hours. Reject dried-out plants. 2. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 3. Do not remove container-grown stock from containers before time of planting. 02940- 4 4. Water root systems of exterior plants stored on-site with a temporary automatic drip irrigation system. Water as often as necessary to maintain root systems in a moist condition. 1.8 PROJECT CONDITIONS A. Planting Restrictions: Native dormant stock planting shall occur in late spring, usually April to late May, or fall, usually late September to late October, with a one-year warranty from the Date of Substantial Completion. Native plant stock can be planted during the summer months provided manual or permanent irrigation is available during extended periods (greater than one week) of high daily temperatures (greater than 75 degrees F.)and low precipitation. B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturer's written instructions and warranty requirements. C. Coordination with Lawns: Plant trees and shrubs after finish grades are established and before planting lawns unless otherwise acceptable to Wetland Plant Specialist and Landscape Architect. 1. When planting trees and shrubs after lawns, protect lawn areas and promptly repair damage caused by planting operations. 1.9 WARRANTY A. Special Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period, at no cost to the Owner. 1. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. C. Faulty operation of tree stabilization. 2. Warranty Periods from Date of Substantial Completion: a. Trees and Shrubs: One year. 3. Include the following remedial actions as a minimum: a. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. b. Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. 02940- 5 C. A limit of one replacement of each exterior plant will be required except for losses or replacements due to failure to comply with requirements. d. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period. 1.10 MAINTENANCE SERVICE A. Initial Maintenance Service for Trees and Shrubs: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and well established, but for not less than maintenance period below. 1. Maintenance Period: 12 months from date of planting completion. B. Continuing Maintenance Proposal: From Installer to Owner, in the form of a standard yearly (or other period) maintenance agreement, starting on date initial maintenance service is concluded. State services, obligations, conditions, and terms for agreement period and for future renewal options. PART2 -PRODUCTS 2.1 TREE AND SHRUB MATERIAL A. General: Furnish nursery-grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning as indicated on the drawings. Provide well-shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Wetland Plant Specialist or Landscape Architect, with a proportionate increase in size of roots or balls. C. Root-Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1. Root flare shall be visible before planting. D. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. 02940-6 2.2 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on-site if possible. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. If not possible to use onsite soil, refer to Section 2.2 A.2 a. Supplement with imported or manufactured topsoil from off-site sources when quantities are insufficient. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. Top soil source must have approval of Wetland Vegetation Specialist before bringing to Project Site. 2. Topsoil Source: Import topsoil or manufactured topsoil from off- site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inchesdeep; do not obtain from bogs or marshes. Top soil source must have approval of Wetland Vegetation Specialist before bringing to Project Site. 2.3 INORGANIC SOIL AMENDMENTS A. Lime: ASTM C 602, agricultural limestone containing a minimum of 80 percent calcium carbonate equivalent and as follows: 1. Class: T, with a minimum of 99 percent passing through No. 8 sieve and a minimum of 75 percent passing through No. 60 sieve. 2. Provide lime in form of dolomitic limestone. B. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum of 99 percent passing through No. 6 sieve and a maximum of 10 percent passing through No. 40 sieve. C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated. E. Perlite: Horticultural perlite, soil amendment grade. F. Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate. 02940- 7 G. Sand: Clean, washed, natural or manufactured, free of toxic materials. H. Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight. I. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight. 2.4 ORGANIC SOIL AMENDMENTS A. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1/2-inchsieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic Matter Content: 50 to 60 percent of dry weight.. B. Peat: Sphagnum peat moss, partially decomposed, finely divided or granular texture, with a pH range of 3.4 to 4.8. C. Peat: Finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed-sedge peat and having a water-absorbing capacity of 1100 to 2000 percent. D. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chips, stones, sticks, soil, or toxic materials. 1. In lieu of decomposed wood derivatives, mix partially decomposed wood derivatives with ammonium nitrate at a minimum rate of 0.15 lb/cu. ft.of loose sawdust or ground bark, or with ammonium sulfate at a minimum rate of 0.25 lb/cu. ft.of loose sawdust or ground bark. E. Manure: Well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth. 2.5 FERTILIZER A. Bonemeal: Commercial, raw or steamed, finely ground; a minimum of 4 percent nitrogen and 10 percent phosphoric acid. B. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural 02940- 8 organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: I. Composition: Nitrogen, phosphorous, and potassium in amounts recom- mended in soil reports from a qualified soil-testing agency. D. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency. 2.6 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of one of the following: 1. Type: Shredded cedar. Medium chip size. 2.7 TREE STABILIZATION MATERIALS A. Stakes and Guys: 1. Upright and Guy Stakes: Rough-sawn, sound, new hardwood, redwood, or pressure-preservative-treated softwood, free of knots, holes, cross grain, and other defects, 2-by-2-inch nominal by length indicated, pointed at one end. 2. Guys and Tie Wires: ASTM A 641/A 641M, Class I, galvanized-steel wire, 2-strand, twisted, 0.106 inch in diameter. 3. Hose Chafing Guards: Reinforced rubber or plastic hose at least 1/2 inch in diameter, black, cut to lengths required to protect tree trunks from damage. 4. Flags: Standard surveyor's plastic flagging tape, white, 6 incheslong. 2.8 PLANTING SOIL MIX A. Planting Soil Mix: Mix topsoil with the following soil amendments and fertilizers in the following quantities: 1. Equal parts of topsoil, sand, compost and peatmoss. 2. Fertilizer: Slow release Fertilizer Tablet: Agriform 21 gram tablets with 20-10-5 (NPK) by Sierra Chemical Company, 4080263-8080, or approved equal. Quantity and application per plant as per manufacturer's recommendations. 02940- 9 3. Granular Fertilizer: Complete fertilizer, 50 percent of the nitrogen to be derived from natural organic sources or urea-form. Available phosphoric acid must be from superphosphate, bone or tankage. Potash must be derived from muriate of potash containing 60 percent potash: a. 16%Nitrogen. b. 6% Phosphoric Acid. C. 8% Potash. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. B. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual tree and shrub locations and areas for multiple plantings within floodway and watercourse setback. Stake locations, outline areas, adjust locations when requested, and obtain Wetland Plant Specialist acceptance of layout before planting. Make minor adjustments as required. D. Lay out exterior plants within floodway and watercourse setback directed by Wetland Plant Specialist. Stake locations of individual trees and shrubs and outline areas for multiple plantings. 3.3 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to a minimum depth of 6 inches Remove stones larger than I inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 02940- 10 1. Thoroughly blend planting soil mix off-site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. 2. Spread planting soil mix to a depth of 8 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. a. Spread approximately one-half the thickness of planting soil mix over loosened subgrade. Mix thoroughly into top 4 inchesof subgrade. Spread remainder of planting soil mix. B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. C. Before planting, restore planting beds if eroded or otherwise disturbed after finish grading. 3.4 EXCAVATION FOR TREES AND SHRUBS A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. 1. Excavate approximately three times as wide as ball diameter for balled and burlapped stock. 2. Excavate at least 12 inches wider than root spread and deep enough to accommodate vertical roots for bare-root stock. B. Subsoil removed from excavations may be used as backfill. C. Obstructions: Notify Wetland Plant Specialist if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Drainage: Notify Wetland Plant Specialist if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. 3.5 TREE AND SHRUB PLANTING A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. B. Set balled and burlapped and containerized stock plumb and in center of pit or trench with top of root ball or container soil surface flush with adjacent finish grades. 02940- 11 1. Remove burlap and wire baskets from tops of root balls and partially from sides, but do not remove from under root balls. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Cut away and remove container including container base prior to placement in pit. 3. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. 3.6 TREE AND SHRUB PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. 3.7 TREE STABILIZATION A. Trunk Stabilization: Unless otherwise indicated, provide trunk stabilization as follows: 1. Upright Staking and Tying: Stake trees of 2- through 5-inch caliper. Stake trees of less than 2-inch caliper only as required to prevent wind tip- out. Use a minimum of 2 stakes of length required to penetrate at least 18 inches below bottom of backfilled excavation and to extend at least 72 inches above grade. Set vertical stakes and space to avoid penetrating root balls or root masses. 2. Use 2 stakes for trees up to 12 feet high and 2-1/2 inches or less in caliper; 3 stakes for trees less than 14 feet high and up to 4 inches in caliper. Space stakes equally around trees. 3. Support trees with bands of flexible ties at contact points with tree trunk. Allow enough slack to avoid rigid restraint of tree. 4. Support trees with two strands of tie wire encased in hose sections at contact points with tree trunk. Allow enough slack to avoid rigid restraint of tree. B. Guying and Staking: Guy and stake trees exceeding 14 feet in height and more than 3 inches in caliper unless otherwise indicated. Securely attach no fewer than 3 guys to stakes 30 inches long, driven to grade. 1. Attach flags to each guy wire, 30 inches above finish grade. 3.8 TREE AND SHRUB BROWSE PROTECTION 02940- 12 A. Place temporary caging around tree and shrub clusters to prevent wildlife, particularly deer, browse. 3.9 LANDSCAPED PARK PLANTING BED MULCHING A. Mulch backfilled surfaces of landscaped park planting beds and other areas indicated. Provide mulch ring around trees in lawn areas. Do not use mulch on native trees and shrubs planted within floodway and watercourse setback. 1. Organic Mulch: Apply 3-inch average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. 4.0 PLANT MAINTENANCE A. Tree and Shrub Maintenance: Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports and root-ball stabilization, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of insects and disease. Restore or replace damaged tree wrappings. 4.1 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. B. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 4.2 DISPOSAL A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 02940 02940- 13 SECTION 02950 IRRIGATION SYSTEM PART 1 - GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of each Contract, including General Conditions and Supplementary Conditions, apply to work of this section. 1.2 DESCRIPTION The work of this section consists of all items necessary to install the proposed irrigation system as indicated on the plans, and the protection and splicing required to maintain all parts of the existing irrigation system in operation, with the exception of those parts designated to be removed or abandoned. This includes required sleeves for pipe and wire, back-flow prevention devices, reconnections, and miscellaneous modifications to the existing irrigation distribution lines including, but not limited to: A. Automatic controller and remote control valves. B. Lawn and planting beds sprinkler system. C. Connection to proposed irrigation water source and power supply. 1.3 RELATED WORK DESCRIBED ELSEWHERE A. Site Clearing Section 02105 B. Earth Moving Section 02250 C. Exterior Plants Section 02940 D. Turf and Grass Section 02930 1.4 QUALITY ASSURANCE A. Qualifications of Installer Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials of installation and who shall direct all work performed under this section.All work of this section and related work listed above shall be performed by the same CONTRACTOR. B. Codes and Standards 1. In addition to complying with all pertinent codes and regulations, comply with the latest rules of the National Electrical Code for all electrical work 02950 - 1 and materials. 2. Comply with National Plumbing code at all connections to potable water systems. 3. Where provisions of pertinent codes and standards conflict with the requirements of this section of these Specifications,the more stringent provisions shall govern. 1.5 SUBMITTALS A. Material List Before any irrigation system materials are delivered to the job site, submit to the Owners Representative a complete list of all irrigation system materials to be furnished and installed. 1. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, and furnish the manufacturer's recommendations as to method of installation. Where materials proposed differ from those specified, furnish complete shop drawings and design calculations to demonstrate equivalent performance of the proposed installation. 2. Do not permit any irrigation system component to be brought onto the job site without prior approval by the Owners Representative. Provide one sample of each element of the system to the Owners Representative for approval (sprinkler heads, valves, couplings, etc.). These samples will be returned to the CONTRACTOR, and if approved, may be used in the project. B. Shop Drawings CONTRACTOR shall submit Five (5) copies of the proposed sprinkler layout in a schematic form to the Owners Represenative for approval. Any modifications to these proposed drawings will be returned to the CONTRACTOR for the preparation of five (5) copies of the final revised layout. The material list will be coordinated with the final shop drawings by the CONTRACTOR. Show all sleeve locations. C. Field Verification CONTRACTOR shall field verify all dimensions, existing and proposed conditions, and as required to provide one complete and operable system. Proposed system shall be laid out above ground using locate flags to show location of all sprinkler heads, valves, and sleeve locations. This layout shall be signed off on by Project Manager before any excavation shall begin. D. As-built Drawings 02950- 2 Provide a complete set of Mylar reproducible as-built shop drawings to the Owners Representative for approval prior to final payment. 1.6 PRODUCT HANDLING A. Protection Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installed work and materials of all other trades. B. Replacements In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owners Representative and at no additional cost to the OWNER. 1.7 PERFORMANCE REQUIREMENTS A. Minimum Requirements The following shall be the minimum requirements of the system. They are not intended to limit the overall intent, which is to obtain a fully operational and completely automatic sprinkler system. Specific requirements of this project manual shall apply to all elements typically. Conflicts between the drawings and the project manual or between specific and general performance of material requirements shall be assumed to be the most expensive. B. Project Zones Refer to the drawings for the general zones to be served by this system. 1. Irrigation layout must be adaptable to the future modification of the system to smaller heads, more intense head arrays and minimal spraying over the sidewalks. This should be accomplished by running the laterals near sidewalk edges whenever possible, and by positioning the mains with this future intent. 2. CONTRACTOR will advise himself of all existing and proposed site conditions and related planting and grading as required to coordinate and schedule with the work of other contractors. 3. Heads shall be positioned to prevent damage from spraying on the building envelope and/or causing inside flooding in any and all cases. 4. Organiz zones to allow walking across the area on dry sidewalk while the irrigation system is on. PART 2 -MATERIALS 02950 - 3 2.1 SUBSTITUTIONS A. See Section 01 6000—Product Requirements 2.2 PIPE A. Plastic Pipe I. Plastic pipe shall be rigid non-plasticized Schedule 40 PVC IPS solvent- welded conforming to ASTM D-1784 and D-2241 standard specifications for PVC plastic pipe. The pipe shall be homogeneous throughout and free from visible cracks, holes, foreign materials, blisters, deleterious material, wrinkles, and dents. 2. All pipes shall be continuously and permanently marked with the following information: Manufacturer's name or trademark, size, schedule and type of pipe, working pressure at 73 deg. F and National Sanitation Foundation (N.S.F.) approval. 3. All main lines shall be a minimum of one and a half inches (2") in diameter. 4. All lateral lines shall be a minimum of one and one-half inches (I-'/z") in diameter. 5. All plastic pipefittings to be installed shall be molded fittings manufactured of the same material as the pipe, rated as a pressure fitting (no DWV fittings shall be allowed) and shall be suitable for solvent weld, slip joint ring-tite seal, or screwed connections. All pipe six inches (6") in diameter and above shall be Schedule 40 PVC IPS gasket end. All smaller pipes shall be Schedule 40 PVC IPS solvent-welded. 6. Slip fitting socket taper shall be so sized that a dry unsoftened pipe end, conforming to these specifications, can be inserted no more than halfway into the socket. Plastic saddle and flange fittings will not be permitted. Only schedule 80 pipe may be threaded. 7. When connection is plastic to metal, plastic male adapters shall be used. The male adapter shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be Teflon Tape on Water Based Teflon Paste. 8. All mainline pipes shall be traceable via purple or blue-colored 14 gauge single strand direct burial wire attached to the pipe. The tracer wire shall surface at and be secured to the controller. This is not necessary for lateral pipelines with irrigation heads attached. 02950-4 B. Pipe Sleeves Pipe sleeves shall be Schedule 40 PVC pipe, four-inch (4") diameter unless noted otherwise, or equal approved by PROJECT MANAGER. 1. Installation Provide empty sleeves along all pathways as noted on the drawings or every 100 feet. Extend sleeves at least one foot(F) beyond pavement(or alternate path material) on both sides. Sleeves shall be installed 18 inches below finished grade. Cap ends of empty sleeves with duct tape. 2. Sleeve Location Marking a. New Pavement The location of each sleeve must be marked along both of the extreme edges of any new pavement installed over the sleeve. This shall be accomplished by pressing the end section of a two-inch (2")pipe into the uncured pavement surface to make an imprint. b. Existing Pavement For sleeves pushed under existing pavement, sleeve locations shall be marked along the extreme edges of the pavement on both sides where the sleeve emerges from under the pavement. Markings shall consist of scoring the surface of the existing pavement with a A � - 2"O.D. core drill just enough to make the impression of a circle in the pavement surface. 2.3 RISERS/SWING JOINTS A. Flexible Risers Stationary Pop-up and Surface Sprinkler Heads shall be installed using"funny pipe" or four-piece swing joints. Sprinkler Heads with one-half inch (1/2") and/or three-quarter inch (3/4") inlets shall connect with "funny pipe"exclusively, in lengths no longer than three feet (3'). Sprinkler Heads with one-inch (1") inlets shall connect with four-piece swing joints only. 1. Installation with "funny pipe", which is one-half inch (1/2") low density, polyethylene pipe, rated 80 PSI at 100 deg. F, must use Teflon-taped barbed street ells. Use of flexible pipe such as "funny pipe" is limited to connecting laterals to irrigation heads. 2. Four-piece swing joints shall consist of an assembly using three (3)one inch (1") Marlex street elbows, with a 1" SCH 80 Nipple of required length to set head at grade. 02950 - 5 B. Rigid Risers All risers for shrub spray heads, bubblers, etc., that are in shrub or flowerbed areas and planters, shall be schedule 80 PVC plastic pipe, unless otherwise specified or shown on the plans. The risers shall be of sufficient height so as not to cause any interruption of the stream from the sprinkler nozzle when the plant material has reached its optimum growth. 2.4 VALVES C. Ball Valves 1. All manual ball valves, sizes 1-1/2" inches and smaller, shall be all bronze double with integral taper seats and with rising stem. 2. All valves 2" and larger shall be gate valves. 3. All ball valves shall be full port, with chromium or stainless ball with Teflon seats 150 PSI rated, Hammond, or approved equal. D. Pressure Reducing Valves Provide pressure-reducing valves on main lines only, Watts, Series U5, U513 %2" to 2" Standard Capacity, or approved equal. E. Gate Valves 1. All manual gate valves, sizes four-inch(4") and smaller, shall be made in the U.S.A., brass body, threaded, non-rising stem, full port, 200 PSI/13.8 bar non-shock cold working pressure up to 180 deg. R/82 deg. C., NSF/ANSI 61-8 compliant: NIBCO model TI-8 or approved equal. 2. All gate valves of 6-inch (6") size or larger shall be at least 150 PSI rated, AWWA-0509 resilient wedge gate valve, made in the U.S.A., featuring non-rising stem, iron body, epoxy coated interior, mechanical joint with appropriate size gaskets for corresponding pipe as per drawing. F. Quick-Coupler Valves Provide Rain Bird#3 DNP Quick Coupler valves or approved equal. G. Automatic Remote Control Valves Automatic control valves shall consist of: 1. Rain Bird PESB Series, 24 volt, contamination resistant valve with a pressure operating range of 20-200 psi and a 0.25 to 200 gpm flow range. Glass-filled nylon construction, one-piece solenoid with captured plunger, flow control handle adjusts, manual internal and external bleeds, nylon screen scrubber and purple flow control handles for easy identification of non-potable water systems or approved equal. 02950 - 6 H. Back-Flow Preventers Back-flow on potable systems only shall be Rain Bird Model DCA2-0-OR or approved equal. 2.5 VALVE BOXES All remote control valves, pressure regulating valves, manual control valves, zone shut-off valves, gate valves or globe valve filters and drains, unless otherwise indicated, shall be installed in a valve access box of proper size as required for easy access to the valve. Valve box to be Carson, with round, locking green cover ten inches (10") in diameter for quick coupler valves, and 10"x 15"standard for all others unless described otherwise in the contract drawings, or approved equal. All round valve boxes shall be supported underneath the bottom edges with two bricks (minimum). All rectangular valve boxes shall be supported underneath the bottom edges with three bricks (minimum). 2.6 AUTOMATIC IRRIGATION CONTROLLER A. Controller Type Existing irrigation controller to be used if possible. Coordinate controller needs with Project Representative. Any new controller must be compatible with MaxiCom systems. B. Electrical Power Power for the controllers shall be the responsibility of the sprinkler installer. Meet all electrical specifications for installation of controllers and power to the controllers. The controllers must be wired to the power source in the pedestal or wall via an Isobar Ultra 4 surge protector and a two-receptacle Ground Fault Interrupter (GFI) outlet. A pigtail that can reach from the controller to the outlet is required. Power source must be pre-approved by Owner prior to connection. C. Sleeves 1. Provide minimum of-six inches (6") diameter sleeves under paved areas as necessary to run all control wiring and piping for sprinkler zones. Coordinate with concrete work prior to forms being set. 2. No sleeving shall be put in tunnel walls. All main lines fed from the tunnel shall be cored, and sized to fit link seals for that pipe size. Each mainline shall be sealed using 2 link seals, one on the inner wall and one on the outer wall. No fittings allowed within 3'-0"of outer tunnel wall. D. Location After pre-approval by the PROJECT MANAGER and OWNER, locate controllers on outside walls of buildings or on pedestals at locations that will maximize the view of the zones serviced by each controller. Verify locations with the PROJECT MANAGER to avoid compromising buildings systems and/or 02950 - 7 appearance concerns. Pedestals controllers must be mounted to a concrete slab of dimensions 1.5'x 1.5' x 0.33'. Each pedestal slab shall have a minimum of 2 electrical sweep 90's poured into it. First; one I"sweep shall hold 120V direct bury power wires, second, one 2" sweep shall hold valve control and flow meter wires- additional or larger sweeps shall be installed as needed to avoid wire damage. Two bollards consisting of three inch (3") steel pipe filled with concrete and anchored in concrete shall be installed against the edge of the slab in front and in back of the controller. The bollards shall be primed and painted with a black, epoxy-based paint. The concrete at the top of the pipe must be domed and finished to a smooth, even surface, without concrete residue on the outside surface of the pipe. E. Certified Installation All MaxiCom components must be ordered and installed by a MaxiCom-certified installer. 2.7 IRRIGATION HEADS A. Rotary Sprinklers All rotary sprinkler heads shall be Model 1-20-04R, manufactured by Hunter Industries, San Marcos, California, or Rain Bird 5004 PLPCSAMNP, 5505 NP, 7�O�NPL, or 8005NP Series, manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora California or approved equal. B. Spray Heads All spray head sprinklers shall be Rain Bird Model Nos. 1804 SAM or 1812 SAM with variable arc nozzles (VAN) or MPR nozzles, manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora California or approved equal. C. Bubblers All bubbler zones must be controlled by a Rain Bird PESB Series Valve incorporating a Rain Bird PRS regulator. There must be a Rain Bird WYE Filter System installed directly downstream of the valve, located inside the valve box in a manner that allows easy maintenance. The bubbler heads must be Rain Bird 130OA-F Series mounted on Rain Bird 1804 SAM Spray Bodies or approved equal. D. Drip Irrigation No drip irrigation is specified as part of this project. 2.8 CONTROL CABLE 02950 - 8 A. Type All electrical control and ground wire shall be Baron irrigation control cable or approved equal, 14-gauge unless otherwise indicated on the drawings. All wiring to be used for connecting the automatic remote control valve to the automatic controllers shall be Type "UF", 600 volt, solid copper, single conductor wire with PVC or polyethylene insulation and bear UL approval for direct underground burial feeder cable. B. Insulation Insulation shall be four-sixty-fourths inch (4/64")thick minimum covering of ICC-100 compound for positive waterproofing protection. All control or"hot" wires shall be red and all common or"ground"wires shall be white.A black extra wire shall be included in the wiring run for every four(4) wires installed. C. Code Compliance Verification of wire types and installation procedures shall be checked to conform to local codes. D. Splices All splices are to be completed within valve boxes using one-piece,jelly-filled, water-proof wire connectors with 20 expansion coils per splice, allowing work to be completed at ground level. All splices shall be located on as-built drawings. E. Trench Installation 1. Tape and bundle all wiring at ten-foot (10') intervals. 2. Attach tracer wire to main line pipe only at ten-foot(10') intervals. 3. All 120 volt wiring shall be in conduit with marker tape installed in the ditch six inches (6") above the conduit. 4. All wiring under pavement and through sleeves shall be in conduit. 5. Tie a loose twenty-inch (20") loop in wiring at all changes in direction greater than 30 degrees. Untie all loops after making connections. 2.9 VAULTS A. Water Service Connection A vault shall be installed at domestic water service connection. Vault shall house domestic water back-flow preventers, blowout assembly and isolation valves. Vault must comply with applicable code(s). 02950 - 9 B. Location Review location of vault with PROJECT MANAGER prior to installation. 2.10 OTHER MATERIALS A. Tools To Be Furnished 1. Supply as part of this contract the following tools: a. Two keys for each automatic controller b. Two quick-coupler keys, Rain Bird Model 33K with matching hose swivels. 2. The above equipment shall be turned over the OWNER at the conclusion of the project. Before final inspection can occur, evidence that the OWNER has received materials must be shown to the PROJECT MANAGER. B. Concrete Provide and coordinate installation of all concrete thrust blocks. Refer to Division 3 for concrete requirements. Provide thrust blocks for all lines larger than 3-inch diameter, at all tees and ells. C. Other Materials All other materials not specifically described but required for a complete and proper irrigation system installation, shall be new, first quality of their respective kinds, and subject to the approval of the PROJECT MANAGER. PART 3 -EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that such work is complete to the point where this installation may properly commence. 2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies 1. In the event of discrepancy, immediately notify the PROJECT MANAGER. 02950 - 10 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.2 FIELD MEASUREMENTS Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. 3.3 TRENCHING AND BACKFILLING A. General 1. Perform all trenching required for the installation of items where the trenching is not specifically described in other sections of these specifications. 2. Make all trenches in accordance with OSHA Requirements with sufficient width to provide free working space at both sides of the trench and around the installed item as required for gluing,joining, backfilling, and compacting while minimizing width of trenches. 3. The CONTRACTOR will be required to conduct his work so that trenches will remain open a minimum possible time. B. Depth I. Trench as required to provide the elevations shown on the Plans. 2. Trench to sufficient depth to give a minimum of eighteen inches (18") of fill above the top of the pipe measured from the adjacent finished grade under driveways and sidewalks. 3. All mainline and control cables shall have a minimum cover of eighteen inches (18") above the pipe or wire. All laterals shall have a minimum cover of twelve inches (12") above the pipe. 4. All sleeves shall be installed at a depth on line and grade with existing or proposed irrigation lines. Sleeves with excessive or shallow invert depth will be rejected. C. Correction of Faulty Grades Where trench excavation is inadvertently carried below proper elevations, backfill with material approved by the PROJECT MANAGER and then compact to provide a firm and unyielding sub grade to the approval of the PROJECT MANAGER and at no additional cost to the OWNER. D. Trench Bracing 02950 - 11 1. Properly support all trenches in strict accordance with all pertinent rules and regulations. 2. Brace, sheet, and support trench walls in such a manner that they will be safe and that the ground alongside the excavation will not slide or settle, and that all existing improvements of every kind will be fully protected from damage. 3. In the event of damage to such improvements, immediately make all repairs and replacements necessary to the approval of the PROJECT MANAGER and at no additional cost to the OWNER. 4. Arrange all bracing, sheeting, and shoring so as to not place stress on any portion of the completed work until the general construction thereof has proceeded far enough to proved sufficient strength. E. Removal of Trench Bracing Exercise care in the driving and removal of sheeting, shoring, bracing, and timbering to prevent collapse or caving of the excavation faces being supported. F. Grading and Stockpiling Trenched Material 1. Control the stockpiling of trenched material in a manner to prevent water from running into the excavation. 2. Do not obstruct surface drainage but provide means whereby storm and wastewater are diverted into existing gutters, other surface drains, or temporary drains. G. Methods 1. All trench excavation shall be made by open cut. During excavation, material suitable for backfilling shall be piled in an orderly manner, a sufficient distance from the banks of the trench to avoid overloading, and to prevent slides or cave-ins. All material not required for backfill or not suitable for backfill shall be removed from the site by the CONTRACTOR. Banks of trenches shall be kept as nearly vertical as possible, and shall be properly sheeted and braced as may be necessary to prevent caving. 2. The CONTRACTOR shall provide, place and maintain all necessary barricades, warning signs, and other safety devices to prevent pedestrians from falling in open trenches. 3. Trench widths in paved streets or in areas where proximity to other structures requires vertical cuts, shall not be wider than is required for proper handling,jointing and bedding of the pipe. 02950 - 12 4. The bottom of the trenches shall be accurately graded to line and grade, and provide uniform bearing and support for each section of the pipe on undisturbed soil, at every point along its entire length. Depressions for joints shall be dug after the trench bottom has been graded, and shall be only of such length, depth, and width as required for properly making the particular type joint. Care shall be taken not to excavate below the depths indicated. 5. Where rock occurs in trench excavation, the rock shall be removed to a depth of six inches (6") below the established grade line, and to a width of twelve inches (12")greater than the outside diameter of the pipe to be installed in the trench. 6. No water shall be permitted to rise or stand in trenches not yet backfilled until after the pipe has been placed, tested and covered with backfill for a depth of at least ten inches (10"). Any pipe having its alignment or grade changed as a result of a flooded trench shall be removed and re-laid after the trench is graded once again at not additional cost to the OWNER. H. Pavement Removal 1. Where excavation of trenches requires the removal of pavement, the pavement shall be cut in a straight line along the edge of the excavation by use of a spade-bit air hammer, concrete saw or similar approved equipment to obtain straight, square and clean break. After backfilling and sub grade preparations are completed, the pavement section and surfacing shall be replaced. 2. Excess material, including rock, broken concrete, bituminous materials, debris, or other materials not suitable for backfill, shall be removed from the site and disposed of by the CONTRACTOR. 3.4 BORING A. Locations Boring shall be used to route pipe, wiring, or both under structures such as walks or curbs where trenching is impractical. Sleeves shall be installed in all bored holes. B. Method Boring shall be accomplished with a drill, auger, water jet, or any other instrument approved by the PROJECT MANAGER capable of producing a precise hole. Boring shall not disturb overlaying structures or cause settlement and damage to those structures. 3.5 SLEEVES 02950 - 13 A. Locations Sleeves shall be installed wherever routing of a pipe, wiring, or both crosses a paved area or passes through a bored hole. B. Methods 1. Sleeves laid in open trenches shall be uniformly and evenly supported by undisturbed soil on the trench bottom. Backfill shall conform to standards hereinafter specified. 2. Sleeves installed in borings shall be forced through and shall have a snug fit throughout the length of the bored hole. Sleeves cracked or broken shall not be accepted. 3.6 BACKFILL A. Material Backfill material shall be free of clods, lumps of frozen material, or stones larger than one-inch (1") in their maximum dimension. The bedding and select material under, around and six inches (6") above the top of the pipe shall be placed by hand in maximum layers of six inches (6") and carefully compacted in a manner which will not displace the pipe. Compaction of the select backfill shall be at least ninety percent(90%)of the maximum density as determined by AASHTO T- 180. Water settling will not be allowed. B. Inspection The trenches shall not be backfilled until inspection has been completed and the pipe installation, including the grade, alignment and jointing has been found to be in compliance with the requirements of the plans and specifications. C. Around and Over the Pipe 1. Select backfill material consisting of sand, fine gravel or select earth, free of large lumps or rocks larger than three-quarters of an inch (1/4") shall be used in backfilling around and over the installed pipe. 2. The select material shall be obtained from the excavation material removed from the trench and shall be processed by screening, sifting, or selective sorting, so as to produce the type of backfill herein specified. The CONTRACTOR may at his option and expense provide an acceptable imported material. 3. This backfill material shall be carefully deposited around and over the pipe in layers not more than six inches (6")thick, loose measurement, unless otherwise permitted by the PROJECT MANAGER, wetted to optimum moisture content and uniformly compacted to at least ninety-five percent(95%) of the maximum density obtainable at optimum moisture 02950- 14 content as determined by ASTM D698 (latest revision), until the pipe has a cover depth of at least one foot(1'). D. Remainder of Trench Backfill 1. The remaining depth of the trench shall be backfilled with excavation material removed from the trench, which shall be wetted or dried to near optimum moisture content. 2. This material shall be carefully deposited in layers not to exceed six inches (6") in compacted thickness and compacted to at least ninety-five percent (95%)of the maximum density as determined by ASTM D698 (latest revision). The method of compaction selected by the CONTRACTOR shall not cause damage of any nature to the installed pipe. Replace topsoil on trench fill and compact to eighty-five percent(85%) of maximum density at optimum moisture. 3. The use of water settlement for this portion of the trench backfilling is permissible if the specified density can be obtained and the backfill material is suitable for this type of trench compaction. 3.7 INSTALLATION OF PIPING A. General 1. Layout the piping system in strict accordance with the Plans. 2. Where piping is shown on the Plans to be under paved areas but running parallel and adjacent to planted areas, the intention is to install the piping in the planted areas. B. Line Clearance 1. All lines shall have a minimum clearance of four inches (4") from each other, and six inches (6") from lines of other trades, except through pipe sleeves. 2. Parallel lines shall not be installed directly over one another. C. Inspection of Pipe and Fittings Carefully inspect all pipe and fittings before installation, removing all dirt, scale, and butts and reaming as required; install all pipe with stamped markings oriented up to allow visual inspection and verification. D. Plastic Pipe 1. Plastic pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. 02950 - 15 2. All plastic pipe joints shall be solvent-weld joints or gasket fit joints. Only the solvent cement recommended by the pipe manufacturer shall be used and it must be a two-part system consisting of primer and cement.No single part cement system shall be used. All plastic pipe and fittings shall be installed as outlined and instructed by the pipe manufacturer and it shall be the CONTRACTOR's responsibility to make arrangements with the pipe manufacturer for any field assistance that may be necessary. The CONTRACTOR shall assume full responsibility for the correct installation. 3. All plastic (PVC)to metal joints shall be made with plastic threaded male i adaptors into metal threaded female fittings. 4. The solvent-weld joints shall be made on dry pipe. 5. The solvent-weld joints shall be allowed to set at least 24 hours before pressure is applied to the system on PVC pipe. E. Copper Pipe Direct buried copper pipe connections shall be made using silver solder. F. Thrust Blocks Provide concrete thrust blocks for all pipes as shown on the plans. All thrust blocks shall bear directly on undisturbed earth. Center the pipe in the middle of the thrust block. 3.8 INSTALLATION OF EQUIPMENT A. General 1. All fittings, valves, etc., shall be carefully placed in the trenches with concrete thrust blocks, placed where required. 2. All sprinklers, having adjustable nozzles, shall be adjusted for proper and adequate distribution of the water over the coverage pattern of the sprinkler. 3. All nozzles on stationary pop-up sprinklers or stationary spray heads shall be tightened after installation. All sprinklers having an adjusting screw, adjusting stem or adjusting friction collars shall be adjusted as required for the proper arc of coverage, radius, diameter and/or discharge. 4. All control wires shall be clearly labeled by station, using weatherproof material, at the controller and at the valve ends. Mark the underside of all valve box covers, indicating the valve controller station number. All 02950 - 16 markings shall be made in a neat and legible manner using white enamel paint. 5. All control or"hot"wires shall be red and all common or"ground"wires shall be white. A black extra wire shall be included in the wiring run for every four(4)wires installed. B. Sprinkler Heads 1. Install lawn sprinkler heads where indicated on the plans and in strict accordance with the manufacturer s recommendations and as necessary to provide complete uniform coverage and precipitation. 2. Upon completion of installation, reset all lawn sprinkler heads flush with grade and firmly anchored with soil. C. Master Automatic Control Valves A master automatic control valve shall be installed at the point of connection to the main for any remotely controlled portion of the irrigation system. In cases where there are multiple points of connection, a master valve shall be installed for each, with no more than three points of connection allowed. 3.9 TESTING AND INSPECTION D. Covering or Enclosing Work Prior to Inspection Do not allow or cause any of the work in this section to be covered up or enclosed until it has been inspected, tested, and approved by the OWNER's Representative. E. Flushing Before backfilling the mainline, and with all control valves in place, but before lateral pipes are connected, completely flush and test the mainline and repair for all leaks; flush out each section of lateral pipe before sprinkler heads are attached. F. Testing 1. Make all necessary provisions for thoroughly bleeding the line of air and debris. 2. After valves have been installed, test all live water lines hydrostatically for leaks at a pressure of one hundred fifty (150) psi for a period of two (2) hours, with all couplings exposed and with all pipe sections center loaded. 3. Furnish all necessary testing equipment and personnel. 4. Correct all leaks and retest until acceptance by the PROJECT MANAGER. 02950 - 17 G. Final Inspection 1. Thoroughly clean, adjust, and balance all systems. 2. Demonstrate the entire system to the PROJECT MANAGER and OWNER, proving that all remote control valves are opening and closing on command,that all heads are properly adjusted for radius and are of coverage, that all emitters are functioning, and that the installed system is workable, clean, and efficient. 3. Existing irrigation system(s) or portions of systems which have had their performance altered by any of the work related to this project shall be repaired or adjusted using materials and installation methods in accordance with this specification and in a manner to restore head-to-head sprinkler coverage, uniform precipitation rates, control zone integrity, and elimination of the spraying of water on building walls and sidewalks. 3.10 PAVEMENT REPLACEMENT Pavement replacement shall utilize the same materials and design as the original pavement. 3.11 CLEANUP Upon completion of the work, the entire site shall be cleared of all debris, and ground surfaces shall be finished to smooth, uniform slopes and shall present a neat and workmanlike appearance. Cleanup shall be considered an incidental item, and no additional payment shall be made for any cleanup item. All improvements or other obstructions removed during construction shall be replaced in a condition at least equal to their existing condition. 3.12 MAINTENANCE A. The CONTRACTOR shall, for a period of one (1)year after completion and final acceptance of the work, maintain and repair any trench or boring settlement which may occur, and shall make suitable repairs to any pavements, or other structures which may become damaged as a result of settlement. All such maintenance and repair shall be at the CONTRACTOR's expense. B. The CONTRACTOR shall inform the OWNER of the location and the nature of all damage done to the existing irrigation system not slated for demolition within eight hours of the occurrence of the damage. C. The CONTRACTOR shall maintain the existing and proposed irrigation system in operation during the construction period. Upon completion of the proposed irrigation work the CONTRACTOR shall balance and adjust the entire (new and existing) system. 3.13 AS-BUILT DRAWINGS, CHARTS AND EQUIPMENT MANUALS 02950- 18 D. Record Drawings 1. Record accurately on one set of black and white prints of the site plan all installed work including both pressure and non-pressure lines. 2. Upon completion of each increment of work, transfer all such information and dimensions to the print. The dimensions shall be recorded in a legible and workmanlike manner. 3. Dimension from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.). Locations shown on as- built drawings shall be kept day-to-day as the project is being installed. All dimensions noted on drawings shall be one-eighth-inch (1/8") in size (minimum). 4. Show locations and depths of the following items: Point of connection Routing of pressure lines (max. dimension=one hundred feet {100'} along lines) Gate valves Sprinkler control valves Quick coupling valves Routing of control wires Sprinkler heads Other related equipment 5. Maintain as-built drawings on site at all times. 6. Make all notes on drawings in pencil (no ball point pen). E. Controller Charts 1. PROJECT MANAGER must approve as-built drawings before charts are prepared. 2. Provide one controller chart for each controller supplied showing the area covered by automatic controller, of the maximum size controller door will allow. 3. The chart is to be a reduced drawing of the actual as-built system. 4. Chart shall be black line print and different colored shading used to show area of coverage for each station. 5. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic. 02950- 19 6. The chart shall be mounted using Velcro or equal type of semi-permanent fastening device. 7. These charts must be completed and approved prior to final acceptance of the irrigation system by the OWNER. F. Operation and Maintenance Manuals 1. Prepare and deliver to the PROJECT MANAGER within ten calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in two (2) individually bound copies of the operations and maintenance manual. The manual shall describe the material installed and shall be in sufficient detail to permit operating personnel to understand, operate and maintain all equipment. Spare parts lists and related manufacturer information shall be included for each equipment item installed. Each complete, bound manual shall include the following information: a. Index sheet stating CONTRACTOR's address and telephone number, duration of guarantees period, list of equipment with names and addresses of local manufacturer representatives. b. Complete operating and maintenance instructions on all major equipment. C. System start-up and shut down instructions. 2. In addition to the above maintenance manuals, provide the maintenance personnel with instructions for system operation and show written evidence to the OWNER at the conclusion of the project that this service has been rendered. 3.14 GUARANTEE G. Warranty 1. The entire irrigation and water system shall be guaranteed to give satisfactory service for a period of one year from the date of acceptance by the OWNER. 2. Should any trouble develop within the time specified above due to inferior or faulty materials or workmanship, the trouble shall be corrected at no expense to the OWNER. 3. Any and all damages resulting from faulty materials or workmanship shall be repaired by the CONTRACTOR to the satisfaction of the OWNER, at no cost to the OWNER. 02950 - 20 END OF SECTION 02950 02950 - 21 SECTION 02960 PLAY EQUIPMENT AND STRUCTURES PART 1 GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of each contract, including general conditions and supplementary conditions, apply to work of this section 1.2 DESCRIPTION The work of this section consists of all items necessary to install the proposed playground structures and equipment as indicated on the plans, manufactures documentation and specification, and documentation regarding recommended maintenance schedules for all equipment specified herein. 1.3 REFERENCES ASTM F1487 (2011) Playground Equipment for Public Use ASTM 1292 Impact Attenuation of Surface Systems Under and Around Playground Equipment CPSC Pub No 325 (2010) Handbook for Public Playground Safety 1.4 DEFINITIONS A. Linked Structure: Two or more play structures, attached via direct adjacency or functionally linked, to create one integral unit. B. Designated Play Surface: Any surface for standing, walking, sitting or climbing located within the designated boundaries of the play area, as defined by ASTM F1487 C. Maximum Equipment Height: The highest point on the equipment D. Protective Surfacing: Material to be used within the use zone that meats the fall attenuation requirements of section 32 18-16.13 (Playground Protective Surfacing) E. Use Zone: The area beneath and immediately adjacent to a play structure or equipment that is designated for unrestricted circulation around equipment, and on whose surface it is predicted that a user would land when falling from or exiting the equipment. 02960-1 1.5 RELATED WORK DESCRIBED ELSEWHERE A. Site Clearing Section 02105 B. Earth Moving Section 02250 1.6 QUALITY ASSURANCE A. Qualifications of Installer Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials and installation practices specified herein, and who shall direct all work performed under this section. All work of this section and related work listed above shall be performed by the same CONTRACTOR 1.7 SUBMITTALS A. Manufacturers Product Literature and Specification Data B. Manufacturers written instructions for recommended maintenance practices. C. Manufacturers written instructions and details for product installation D. Color samples for customer verification E. Written manufacturer's warranty F. If requested, provide a product liability insurance certificate showing project owner as certificate owner G. ASTM 1292- If a critical fall height is required, impact attenuation test results shall be submitted to the requiring agency prior to the installation of the play equipment and play surface. The results shall be submitted on the letterhead of the independent testing lab. Impact attenuation results must comply with ASTM 1292 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment for the critical fall height of the equipment. 1.8 PRODUCT HANDLING A. Protection: Use all means necessary to protect equipment materials before, during, and after installation, and use caution to protect the installed work and materials of all other trades 02960-2 B. Replacement: In the event of damage, immediately make all replacements necessary to the owner's representative PART 2 -MATERIALS 2.1 SUBSTITUTIONS No substitutions are permitted without the express written consent of the owner or the landscape architect. 2.2 PRODUCTS A. Structures 1. Landscape Structures Swing Model #177332 Single Post Swing Frame 2. Landscape Structures Swing Model#177332 Single Post Swing Frame Extension Bay 3. Landscape Structures Seat Model #176038 Full Bucket Seat with Chains 4. Landscape Structures Seat Model#174018 Belt Seat with Chains 2.3 MATERIALS A. Protective Surfacing 1. Shredded Bark Mulch B. Anchoring 1. 3/4' Minus Washed Aggregate 2. 4000 psi Concrete PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection I. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that such work is complete to the point where this installation may properly commence. 02960-3 2. Verify that play structures are to be installed in strict accordance with all pertinent codes and regulations,the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies In the event of a discrepancy, immediately notify the project manager. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.2 FIELD MEASUREMENTS Make all necessary measurement sin the field to ensure precise fit of items in accordance with the original design 3.3 INSTALLATION All equipment to be installed per manufacturer's documentation as specified in 1.07.C. (Landscape Structures Document#1844810 3.4 CLEANUP Upon completion of the work, the entire site shall be cleared of all debris, and ground surfaces shall be finished to smooth, uniform slopes and shall present a neat and workmanlike appearance. Cleanup shall be considered an incidental item, and no additional payment shall be made for any cleanup item. All improvements or other obstructions removed during construction shall be replaced in a condition at least equal to their existing condition. 3.5 MAINTENANCE A. The CONTRACTOR shall, for a period of one (1)year after completion and final acceptance of the work, maintain and repair any settlement which may occur. B. The CONTRACTOR shall perform scheduled maintenance as per manufacturers documentation specified in 1.07.13 3.6 GUARANTEE A. Warranty All installed products shall be covered by their respective manufacturers warranty as per 1.07.E END OF SECTION 02960 02960-4 ' PERMITS AND STORM WATER POLLUTION PREVENTION PLAN BOZEMAN CREEK ENHANCEMENT AT BOGERT PARK DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,O DISTRICT HELELENA REGULATORYY OFFICE 10 WEST 15TH STREET,SUITE 2200 REPLY TO HELENA,MONTANA 59626-9 ATTENTION OF January 19, 2016 Regulatory Branch Montana State Program Corps No. NWO-2015-02162-MTH Subject: City of Bozeman (Confluence Consulting) Bogert Park Stream and Park Improvements- Bozeman Creek City of Bozeman Attn: Carolyn Poissant 121 North Rouse Ave P.O Box 1230 Bozeman, Montana 59771-1230 Dear Ms. Poissant: We have reviewed the Montana joint application submitted for restoration of 1900 linear feet of banks along Bozeman Creek. The proposed project site is located in Section 7, Township 2 South, and Range 6 East in Gallatin County, Montana. Specifically, you requested authorization for the following work: Item Work Reconstruct approximately 800 linear feet of incised, channelized, and down cut bed and bank while creating riffles, point and lateral bars and inset floodplains with native and donor materials; construct approximately 100 linear feet of new high flow a' channel meander constructed with encapsulated coir lifts and natural stream bed materials graded and shaped into natural riffle/pool configurations; restore channel elevation at bridge replacement using excavated gravel, sod, and class 2 rock. Approximately 400 cubic yards of native cobble, 49 cubic yards of class 2 rock and b. 157 cubic yards of native sod will be used in the project along with native vegetation plantings. Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S. include the area below the ordinary high water mark of stream channels and lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man- made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case-by-case basis. The Corps of Engineers (Corps) prepared the enclosed preliminary jurisdictional determination (JD)for the sites. A preliminary JD is a written indication that waterways and wetlands within your project area may be waters of the U.S. These waters were treated as jurisdictional waters of the U.S. for the purposes of determining project impacts and compensatory mitigation requirements. Preliminary JDs may not be appealed. -2- If you believe the preliminary JD is inaccurate, you may request this office complete an approved JD prior to your commencement of any work in a water of the U.S. An approved JD is an appealable official determination regarding the presence or absence of waters of the U.S. Completion of an approved JD may require coordination with the U.S. Environmental Protection Agency. If you believe the preliminary JD is accurate and do not want the Corps to complete an approved JD, please sign the preliminary JD and return it to the letterhead address within two weeks. If you agree with the preliminary JD, you may proceed with the proposed project in accordance with the terms and conditions of DA NWP 27 found in the February 21, 2012 Federal Register (76 FR 9174), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes the NWP and lists the General and Regional Conditions that must be complied with. In addition to conditions referenced above, the following Special Conditions apply: Condition Description 1 Perform all work during periods of low water and in accordance with submitted tans. 2 All earthwork operations will be carried out in such a manner that sediment runoff and soil erosion are controlled. Monitor the stream sites post project after the first full growing season to verify attainment of expected improved conditions and channel stability. Include 3 representative channel cross sections. Include photographic monitoring of the stream projects. Additional monitoring may be required if improved conditions are not demonstrated. Submit the monitoring data to the Helena Regulatory Office by December 31, one growing season post project. Although an Individual DA permit involving a public interest review will not be required for the project, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal, and local permits as required. The Montana Department of Environmental Quality issued CWA Section 401 water quality certification for this project. A copy with conditions is attached to this letter. This does not eliminate the need to obtain other permits that may be required by that agency. You are responsible for all work accomplished in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be accomplishing the work authorized by the NWP in your behalf, it is strongly recommended that they be provided a copy of this letter and the enclosed conditions so that they are aware of the limitations of the applicable NWP. Any activity that fails to comply with all of the terms and conditions of the NWP will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until March 18, 2017. In compliance with General Condition 30, the enclosed Compliance Certification form must be signed and returned to the address listed upon completion of the authorized work and any required mitigation. Should you at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area, you must immediately notify this office. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at http://pert.nwr,.usace.army.rnil/survey html. If -3- you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. Please contact Jess Davies at (406) 441-1365 if you have any questions and reference the Corps File Number listed above. Since,el Todd N. Tillinger Montana Program Manager Copy Furnished: Ty Traxler Confluence Consulting Inc. P O Box 1133 1115 N 7th Ave., Suite 1 Bozeman, Montana 59771-1133 Enclosures: Compliance Certification Form Preliminary Jurisdictional Determination NWP 27 Fact Sheet with Montana Regional Conditions Montana DEQ 401 with Conditions -4- COMPLIANCE CERTIFICATION Corps File Number: NWO-2015-02162-MTH Name of Permittee: City of Bozeman County: Gallatin County, Montana Date of Issuance: January 19, 2016 Corps Project Manager: Jess Davies Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps of Engineers Helena Regulatory Office 10 West 15th Street, Suite 2200 Helena, Montana 59626-9705 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. - -- ---- --- --- ---- - -- ----- -- I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be"waters of the United States on the subject project site,and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: A. Report Completion Date for Preliminary Jurisdictional Determination(JD): 01/19/2016 B. Name and Address of Person Requesting Preliminary JD: City of Bozeman C. District Office, File Name, and Number: Omaha District, NWO-2015-02162-MTH D. PROJECT LOCATION(S), BACKGROUND INFORMATION, AND WATERS: State: MT City: Bozeman County: Gallatin Name of nearest waterbody: Bozeman Creek, a tributary to the Gallatin River, a TNW Identify amount of waters in the review area: (Table 1 identifies the impacts). Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: Table 1 -Waters of the U.S. Estimated Estimate amount of d amount Class of Stream Cowardin aquatic of Site# Latitude Longitude Flow Class resources aquatic aquatic in review resource resource area impact 1 45.67549 -111.03179 rpw riverine >800 If 800 if Non tidal E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office(Desk) Determination. Date: 1/19/2016 Field Determination. Date(s): 1 F. SUPPORTING DATA: Data reviewed for preliminary JD(check all that apply-checked items should be included in case file and,where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: . ❑ National wetlands inventory map(s). Cite name: . ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: X Aerial (Name & Date): or❑Other(Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information(please specify): Regulatory District Omaha County State Gallatin, MT Zip Code 59715 Congressperson Closest GNIS Waterway Name Bozeman Creek Approx.straightline dist to waterway .006 mi Latitude(NAD83) 46.6755095195078 Longitude(NAD83) 111.031795026732 UTM Y Coordinate 5057996.89423532 UTM X Coordinate 497623.686611126 UTM Zone 2 PLSS Meridian Principal PLSS Township 2 S PLSS Range 6 E PLSS Section 7 USGS 124K Quad Name MT-BOZEMAN Project Location Error 2 IMPORTANT NOTE:The information recorded on this fonn has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. s 6 3 DAVIESASSJAM E« 1" �" � DAVIES�E55JAMES.tp7966ae22 W 145,wU.S;GrrM.m t,—D.D. ES.1079668822 .=AVIESJE55JAMES 1079668822 C7atr.2016013210:1731�06'00' A Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) G. EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD)for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit(NWP) or other general permit verification requiring "pre-construction notification"(PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1)the permit applicant has elected to seek a permit authorization based on a preliminary JD,which does not make an official determination of jurisdictional waters; (2)that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3)that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4)that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6)accepting a permit authorization(e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an approved JD or a preliminary JD,that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 M VL iE Montana Department of Environmental Quality December 17, 2015 Carolyn Poissant City of Bozeman Department of Parks and Recreation PO Box 1230 Bozeman, MT 59771 RE: Final Determination for Permit No: MT4010987(NWO-2015-0216-2401H) Applicant: City of Bozeman Waterway: Bozeman Creek, Gallatin County, Montana Dear Ms. Poissant: The Montana Department of Environmental Quality (DEQ) reviewed your application for 401 Water Quality Certification received on December 7, 2015. The following outlines DEQ's final determination: Description of the Proposed Project: The project is to enhance Bozeman Creek through Bogert Park by altering the alignment of the channel, expanding floodplain capacity, and establishing a vegetated riparian corridor adjacent to the channel. The project will include construction of an overflow swale to improve floodplain conveyance. An existing bridge will be replaced with a new bridge that will span the active channel and overflow channel. Approximately 270 linear feet of bank will also be stabilized in the project area by installing a rock toe and soil encapsulated coir lifts. Beneficial Use Designations: Bozeman Creek is classified as a B-1 water(ARM 17.30.623) and is to be maintained suitable for drinking, culinary,and food processing purposes after conventional treatment; bathing, swimming, and recreation; growth and propagation of salmonid fishes and associated aquatic life, waterfowl, and furbearers; and agricultural and industrial water-supply. In addition, ARM 17.30.623 details the specific narrative water quality standards for B-1 waters including: "No increases are allowed above naturally occurring concentrations of sediment or suspended sediment, settleable solids, oils, or floating solids which will or are likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, welfare, livestock, wild animals, birds, fish, or other wildlife." Steve Bullock,Governor I Tom Livers,Director I P.O.Box 200901 1 Helena,MT 59620-0901 1 (406)444-2544 1 www.deq.mt.gov Status of Affected Waters: Bozeman Creek has not been assessed, so it is unknown whether it is supporting its beneficial uses. 401 Water Quality Certification General: Section 401 of the Federal Clean Water Act provides DEQ the jurisdiction to implement the Montana Water Quality 401 Certification. 401 Certification is a federal/state cooperative program that increases the role of the state in decisions regarding the protection of natural resources. The program gives the state authority to review proposed activities affecting state waters and deny or place conditions on federal permits or licenses that authorize if the proposed may violate state water quality standards. State water quality standards were adopted to protect, maintain, and improve the quality of water, including uses for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses. State water quality standards include the beneficial uses of a waterbody;the-numeric and narrative water quality criteria that are necessary to protect the uses of the waterbody, and a nondegradation policy. In the event beneficial uses, such as aquatic habitat or aquatic life are unavoidably impacted or lost, conditions of the 401 certification may require'the applicant to provide compensatory mitigation for the impacts or losses. Project Specific Conditions: Construction Conditions: 1. Construction Timing: All in-channel and wetland work shall occur during periods of low flow. 2. Minimize Water Quality Impacts: All work in and near waters of the state shall be done so as to minimize turbidity, erosion, and other water quality impacts. All disturbed areas on the streambank and adjacent areas created by the construction activity shall be protected with temporary erosion control during construction activities. These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. Construction stormwater, sediment, and erosion control Best Management Practices (BMPs) suitable to prevent exceedances of state water quality standards shall be in place before clearing, filling, and grading work and shall be maintained throughout construction. Examples of erosion and sediment control BMPs can be found here: hftp://www.mdt..mt-gov/research/proiects/env/erosion.shtml 3. Machinery in Watercourse: The use of machinery in the watercourse shall be avoided unless absolutely necessary. 4. Aquatic Invasive Species Prevention: Inspect, clean and dry all machinery, equipment, materials and supplies to prevent spread of Aquatic Invasive Species. 5. Washing Vehicles: A separate contained area for washing down vehicles and equipment shall be established that does not have any possibility of draining to surface waters or wetlands. No wash water containing sediments, oils, grease, or other hazardous materials resulting from wash down of the work area, tools, and equipment shall be discharged into state waters. 6. Stockpiling: No construction materials shall be stockpiled in the floodplain for longer than needed during the installation period. 7. Excavation: Excavated material will be placed so that it is isolated from the stream edge and not placed where it could re-enter waters of the state uncontrolled. 8. Deleterious Waste Materials: All construction debris, excess sediment, and other solid waste material shall not be stockpiled below the Ordinary High Water Mark (OHWM) and shall be properly managed and disposed of in an upland disposal site approved by the appropriate regulatory authority. 9. Spill Prevention: Vehicles must be fueled, operated, maintained, and stored in upland areas that minimize disturbance to habitat and prevent contamination to any surface water. a. No petroleum products, fresh concrete, lime, wash water, chemicals, or other toxic or harmful materials shall be allowed to enter state waters. b. All equipment is to be inspected for oil, gas, diesel, antifreeze, hydraulic fluid and other petroleum leaks.All such leaks will be properly repaired and equipment cleaned prior to being brought on site. The equipment is not allowed to-continue operating-upon discovery of the leak and will be removed from the project area until it is repaired. 10. Unauthorized Discharge to State Water. If, at any time, an unauthorized discharge to surface water(including wetlands, rivers or streams) occurs, or any water quality problem arises, the associated project activities shall cease immediately until adequate BMPs are implemented. DEQ shall be notified promptly and in no case more than 24 hours after the unauthorized discharge or water quality problem arises. Vegetation Conditions 1. Revegetating Impacted Areas:All disturbed riparian areas of Bozeman Creek shall be revegetated with non-invasive native wetland, riparian, or upland species seed mix or plants as specified in the project revegetation specifications. Control of invasive weeds on disturbance areas shall be with herbicides rated for safety near aquatic areas. 401 Water Quality Certification: DEQ certifies that this project in its current form will not violate water quality standards. Certification of this proposal does not authorize the Applicant to exceed applicable state water quality standards. Please contact Water Protection Bureau Staff at(406)444-3080, if you have questions. Sincerely, VKeingg Jo Bureau Chief Water Protection Bureau Department of Environmental Quality cc: Jess Davies— USACE Todd Tillinger— USACE I I f oottarta Tisklp WtWe C& TariCs Fisheries Management, 1400 South 19th Avenue, Bozeman, MT Phone: (406)994-6938 email: davemoser@mt.gov Stream Protection Act(SPA 124)Permit Date: 26 January 2015 Applicant Name: City of Bozeman, Carolyn Poissant Address: PO. Box 1230 121 North Rouse Bozeman, MT 59771 Permit#: SPA I24_Bogert_Park 2016 W aterbody: Bozeman Creek Project Name: Bozeman Creek Enhancement, Bogert Park Project Description: The overall plan for enhancing Bozeman Creek through the park involves altering the alignment of the channel,expanding floodplain capacity,and establishing a vegetated riparian corridor adjacent to Ate channel. The project will include construction of an overflow a swale to improve floodplain conveyance. An existing bridge spanning the channel will be replaced with a new bridge capable of spanning the active channel and the overflow Swale. Construction of the new meander will result in improved aquatic habitat complexity in the form of pool features. A hardened access site will be constructed to allow people to reach the stream channel safely. The riparian corridor will be densely vegetated with native species to prevent unlimited access to the channel and reduce erosion from sampling. An eroding segment of the channel adjacent tot he park pavilion will be stabilized by installing a stone toe and constructing a bioengineered coir fabric bank. Montana Fish,Wildlife& Parks has reviewed the proposed project.The project is approved provided it is carried out in accordance with the information supplied in the application, all general conditions listed on page 3 of this permit, and any special conditions listed below. Expiration: This permit is valid for 1 year(s)from the date of issuance. Timing Restrictions: No ) Yes 0 if yes see below. No in-stream work between and Special Conditions: 1. Complete work during low flow conditions. 2. Use BMP'S to minimize sediment delivery to stream. 3. Work should be completed with oversight by engineer(s) experienced in stream restoration. 318 Authorization Review I have reviewed the above project on behalf of the Montana Department of Environmental Quality (DEQ) pursuant to the Montana Water Quality Act Short-term Water Quality Standards for Turbidity 75-5-318 MCA: This project will not increase turbidity if completed according to the conditions listed Q in the 310 or 124 permit. Therefore, application to DEQ for a 318 authorization is not required. Impacts to the physical and biological environment from turbidity generated as a result of this project are uncertain. Therefore, the applicant must contact the Montana Department of Environmental Quality, 1520 East Sixth Avenue, Box 200901, Helena, MT 59620-0901, (406 444-3080) to determine project specific narrative conditions required to meet short-term water quality standards and protect aquatic biota. Turbidity generated from this project is expected to be short-term and have only temporary and minor impacts on the physical and biological environment. Therefore, compliance with the conditions stated in the attached letter outlining DEQ's Short Term Water Quality Standard for Turbidity Related to Construction Activity, as well as other conditions listed in the 310 or 124 permit, are appropriate for this project. Issuing Biologist: David Moser f Signature: v? _ ` � 2 Stream Protection Act 124 Permit General Conditions 1. Complete work affecting a streambed or stream bank in an expeditious manner to avoid unnecessary impacts to the stream. 2. Limit the clearing of vegetation to that which is absolutely necessary for construction of the project.Take precautions to preserve existing riparian vegetation. Salvage and reuse native vegetation where possible. 3. Install and maintain erosion control measures where appropriate to protect aquatic resources. Do not clear and grub land adjacent to streams prior to installing proper erosion and sedimentation controls.Conduct all work in a manner that minimizes turbidity and other disturbances to aquatic resources. d. Plan temporary construction facilities to: a. Minimize disturbance to stream banks, stream bank vegetation,and the streambed by locating staging or storage facilities at least 50' horizontally from the highest anticipated water level during construction; b. not restrict or impede fish passage in streams;and c. not restrict any flow anticipated during use. 5. Provide sediment controls for drainage from topsoil stockpiles,staging areas,access roads,channel changes,and instream excavations. 6. Isolate work zones from flowing and standing waters to prevent turbid water and sediments from being discharged into streams or other drainages that flow directly into the stream. Divert flowing waters around the work zone. 7. Do not spill or dump material into streams. Store and handle petroleum products,chemicals, cement and other deleterious materials in a manner that will prevent their entering streams. 8. Do not permit wash water from cleaning concrete-related equipment or wet concrete to enter streams. 9. Do not operate mechanized equipment in any stream or flowing water unless special authorization is obtained. If special authorization is granted, the following conditions apply: a. Powerwash all equipment allowed in a stream prior to entering the stream channel. b. Clean and maintain all equipment so that petroleum-based products and hydraulic fluids do not leak or spill into the waterway. 10. Reclaim streambeds and stream banks as closely as possible to their pre-disturbed condition. 11. Restore disturbed stream banks to their natural or pre-disturbed configuration to match adjacent ground contours or as specified in the project plans. Stabilize,reseed, and re-vegetate disturbed areas. Install and maintain long-term biodegradable erosion-control measures to protect these areas until adequate vegetation has been established. 12. Restore temporary access routes and any temporarily disturbed areas to original conditions, including original contours and vegetation. 13. Dispose of any excess material generated from the project above the ordinary high water mark and in an area not classified as a wetland. 3 SHORT-TERM WATER QUALITY STANDARD FOR TURBIDITY RELATED TO 1)o.pariment cif CONSTRUCTION ACTIVITY roo� I�Q / t� l�Y (318 Authorization) Dear Applicant: This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a 124 permit from Montana Fish, Wildlife and Parks. This authorization is valid for the time frame noted on your permit. This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or 124 permit as well as any other permits that apply to this proposed construction activity. This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality (DEQ),and Montana Fish, Wildlife and Parks(FWP). The applicant agrees to the comply with the conditions stated below,as well as other conditions listed in the 310 or 124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization. I. Construction activity in or near the watercourse are to be limited to the minimum area necessary,and conducted so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect aquatic life outside the immediate area of operation. 2. The use of machinery in the watercourse shall be avoided unless absolutely necessary. 3. All disturbed stream banks and adjacent areas created by the construction activity sliall be protected with erosion control measures during construction.These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. 4. Any excess material generated from this project must be disposed of above the ordinary high water mark, in an area not classified as a wetland, and in a position not to cause pollution of State waters. 5. Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. 6. This authorization does not authorize a point source surface water discharge. MPDES permit is required for said discharge. 7. Open cut creek crossings will not be allowed in flowing water. Stream water must be diverted around the open cut area(pump,flume etc.) 8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act (310 permit), the Stream Protection Act(124 permit)the Federal Clean Water Act(404 Permit),any MPDES permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement and Authorization (MAA)negotiated for this activity. The FWP representative has determined that this project is within the scope of the programmatic Environmental As essmentyqr pared by DEQ and FWP for the issuance of narrative turbidity standards. D �` � f ate. � Date: FWP presentative's Signatui4 Applicant's Signature Marne and location of project: SPA]24_Bogert_Park_2016 r SHORT-TERM WATER QUALITY STANDARD FOR TURBIDITY RELATED TO 'T- 4t >rtf,r��.t73l ,irt�i,r:nt. �,t' CONSTRUCTION ACTIVITY NVIRC)N9£N'iALQUALITY (318 Authorization) Dear Applicant: This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a 124 permit from Montana Fish,Wildlife and Parks.This authorization is valid for the time frame noted on your permit. This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or 124 permit as well as any other permits that apply to this proposed construction activity. This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality (DEQ),and Montana Fish, Wildlife and Parks(FWP). The applicant agrees to the comply with the conditions stated below,as well as other conditions listed in the 310 or 124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization. 1. Construction activity in or near the watercourse are to be limited to the minimum area necessary,and conducted so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect aquatic life outside the immediate area of operation. 2. The use of machinery in the watercourse shall be avoided unless absolutely necessary. 3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion control measures during construction.These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. 4. Any excess material generated from this project must be disposed of above the ordinary high water mark,in an area not classified as a wetland,and in a position not to cause pollution of State waters. S. Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. 6. This authorization does not authorize a point source surface water discharge. MPDES permit is required for said discharge. 7. Open cut creek crossings will not be allowed in flowing water.Stream water must be diverted around the open cut area(pump,flume etc.) 8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act (310 permit),the Stream Protection Act(124 permit)the Federal Clean Water Act(404 Permit),any MPDES permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement and Authorization(MAA)negotiated for this activity. The FWP representative has determined that this project is within the scope of the progra tic Environmental As essment prppared by DEQ and FWP.for the issuance of narrative turbidity standards Date: f / FWP Representative's Signature ' Applic n 's Sig at re Name and location of project: SPA I24_Bogert_Park_2016 ( ) � VART,y� Federal Emergency Management Agency Washington, D.C. 20472 ub S March 22,2016 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED Case No.: 15-08-1337R Community Name: City of Bozeman, MT Mr. Chris Kukulski Community No.: 300028 City Manager,City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 Dear Mr. Kukulski: We are providing our comments with the enclosed Conditional Letter of Map Revision(CLOMR)on a proposed project within your community that, if constructed as proposed,could revise the effective Flood Insurance Study report and Flood Insurance Rate Map for your community. If you have any general questions regarding the floodplain management regulations for your community•the National Flood Insurance Program (NFIP),or technical questions regarding this CLOMR, please contact the Director, Mitigation Division of the Federal Emergency Management Agency(FEMA) Regional Office in Denver,Colorado,at (303) 233-4830,or the FEMA Map Information eXchange(FN11X)toll free at 1-877-336-2627(1-877-FEMA NIAP). Additional information about the NFIP is available on our Web site at littp://\v\vtiv.fema.gov(national-flood-i nsurance-program. Sincerely, Patrick"Rick" F. Sacbibit, P.E., Branch Chief Engineering Services Branch Federal Insurance and Mitioation Administration List of Enclosures: Conditional Letter of Map Revision Comment Document cc: Mr. Stephen Story, P.E.. CFiVI Ms. Carolyn Poissam. MLA.A ICP Water Operations Bureau Chief Manager of Trails,Open Space,and Parks Design and Montana Department of Natural Development Resources and Conservation Department of Parks and Recreation City of Bozeman Mr. Brian Heaston, P.E. Senior Engineer Ms. Ronda Burns. P.E. City of Bozeman Water Resources Engineer and FiydroloLJst Confluence Consulting. Inc. Page 1 of 5 issue Date:March 22,2016 Case No,: 1"8-1337R CLOMR-APP Federal Emergency Management Agency Washington, D.C. 20472 ND 1; CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT COMMUNITY INFORMATION PROPOSED PROJECT DESCRIPTION BASIS OF CONDITIONAL REQUEST City of Bozeman BRIDGE FLOODWAY Gallatin County CHANNELIZATION HYDRAULIC ANALYSIS Montana CHANNEL RELOCATION UPDATED TOPOGRAPHIC DATA COMMUNITY COMMUNITY NO.: 300028 Bogert Park APPROXIMATE LATITUDE AND LONGITUDE: 45.675,-111.032 IDENTIFIER SOURCE: USGS QUADRANGLE DATUM: NAD 83 AFFECTED MAP PANELS TYPE: FIRM- NO.:30031CO816D DATE:September 2.2011 FIRM-Flood Insurance Rate Map TYPE: FIRM' NO.:30031CO817D DATE:September 2,2011 FLOODING SOURCE AND REACH DESCRIPTION Bozeman Creek—from approximately 220 feet upstream to approximately 1,300 feet upstream of East Olive Street PROPOSED PROJECT DESCRIPTION Flooding Source Proposed Project Location of Proposed Project Bozeman Creek Bridge Modification From approximately 870 feet upstream of East Olive Street. Channelization From approximately 600 feet to approximately 980 feet upstream of East Olive Street. Channel Relocation From approximately 600 feet to approximately 980 feet upstream of East Olive Street. SUMMARY OF IMPACTS TO FLOOD HAZARD DATA Flooding Source Effective Flooding Proposed Flooding Increases Decreases Bozeman Creek Floodway Floodway Yes Yes BFEs` BFEs Yes Yes Zone AE Zone AE Yes Yes Zone X(shaded) Zone X(shaded) Yes Yes BFEs-Base(1-percent-annual-chance)Flood Elevations COMMENT This document provides the Federal Emergency Management Agency's(FEMA's)comment regarding a request for a CLOMR for the project described above. This document is not a final determination,it only provides our comment on the proposed project in relation to the flood hazard information shown on the effective National Flood Insurance Program(NFIP)map_ We reviewed the submitted data and the data used to prepare the effective flood hazard information for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. Your community is responsible for approving all floodplain development and for ensuring that all permits required by Federal or StatelCommonwealth law have been received State/Commonwealth,county,and community officials,based on their knowledge of local conditions and in the interest of safety,may set higher standards for construction in the Special Flood Hazard Area(SFHA),the area subject to inundation by the base flood). If the StatelCommonwealth,county,or community has adopted more restrictive or comprehensive floodplain management criteria,these criteria take precedence over the minimum NFIP criteria. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX) toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse.847 South Pickett Street,Alexandria,VA 22304. Additional Information about the NFIP is available on the FEMA website at http ilwww.fema.govibusinesslnfip. Patrick"Rick"F.Sacbibit.P.E.,Chief Engineering Services Branch Federal Insurance and Mitigation Administration 1508-1337R 104 Page 2 of 5 Issue Date:March 22,2016 Case No.: 15-08-1337R CLOMR-APP x,y?, R Federal Emergency Management Agency Washington, D.C. 20472 l'1,1'p SF � CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION To determine the changes in flood hazards that will be caused by the proposed project,we compared the hydraulic modeling reflecting the proposed projec (referred to as the proposed conditions model)to the hydraulic modeling used to prepare the Flood Insurance Study(FIS)(referred to to the effective model). If the effective model does not provide enough detail to evaluate the effects of the proposed project,an existing conditions model must be developed to provide this detail. This existing conditions model is then compared to the effective mode(and the proposed conditions model to differentiate the increases or decreases in flood hazards caused by more detailed modeling from the increases or decreases in flood hazards that will be caused by the proposed project. The table below shows the changes in the BFEs: BFE Comparison Table Flooding Source: Bozeman Creek BFE Change(feet) Location of maximum change Existing vs. Maximum increase 3.2 Approximately 970 feet upstream of East Olive Street. Effective Maximum decrease 0.01 Approximately 600 feet upstream of East Olive Street. Proposed vs. Maxintum increase N/A N/A Existing Maximum decrease 1.3 Approximately 760 feet upstream of East Olive Street. Proposed vs, Maximum increase 2.3 Approximately 970 feet upstream of East Olive Street. Effective Maximum decrease 0.4 Approximately 600 feet upstream of East Olive Street. NFIP regulations Subparagraph 60.3(b)(7)requires conununitieS to ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances;therefore.responsibility for maintenance of the altered or relocated watercourse,including an) related appurtenances such as bridges,culverts,and other drainage structures,rests with your conunwnity. We may request that your community submit a description and schedule of maintenance activities necessary to ensure this requirement. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information exchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street.Alexandria,VA 22304. Additional Information about he NFIP is available on the FEMA website at http llvnvw fema gov/business/nfip Patrick"Rick"F Sacbibit,P E.,Chief Engineering Services Branch Federal Insurance and Mitigation Administration 15-08-1337R 104 Page 3 of 5 Issue Date:March 22,2016 Case No.: 15-08-1337R CLOMR-APP Yr.tzrt� Federal Emergency Management Agency Washington, D.C. 20472 l{.VD {� CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQUIRED FOR FOLLOW-UP LOMR Upon completion of the project,your community must submit the data listed below and request that we make a final determination on revising the effective FIRM l and FIS report. If the project is built as proposed and the data below are received,a revision to the FIR NI and FIS report would be warranted. •Detailed application and certification forms must be used for requesting final revisions to the maps. Therefore,when the map revision request for the area covered by this letter is submitted,Form 1,entitled"Overview and Concurrence Form,"must be included. A copy of this form may be accessed at http://wtivNv.fema.govlplan/prevent/thm('dl_mt-2.shtm. •The detailed application and certification forms listed below may be required if as-built conditions differ from the proposed plans. If required, please submit new forms,which may be accessed at http://a,vw.fenia.gov:,plarL,prevent/thnt/dl_mt-2.shtm,or annotated copies of the previously submitted forms showing the revised information. Form 2,entitled"Riverine Hydrology and Hydraulics Form." Hydraulic analyses for as-built conditions of the base flood,the 10- percent,2-percent,and 0.2-percent-annual-chance floods,and the regulatory floodway,must be submitted with Form 2. Form 3,entitled 'Riverine Structures Form." • A certified topographic work map showing the revised and effective base and 0.2-percent-annual-chance tloodplains and floodway boundaries. Please ensure that the revised information ties-in with the current effective information at the downstream and upstream ends of the revised reach. •An annotated copy of the FIR,YI,at the scale of the effective FIRN4,that shows the revised base and 0.2-percent annual chance floodplain and floodway boundary delineations shown on the submitted work map and how they tie-in to the base and 0.2-percent annual chance floodplains and floodway boundary delineations shown on the current effective FIRM at the downstream and upstream ends of the revised reach. •As-built plans,certified by a registered Professional Engineer,of all proposed project elements. •A copy of the public notice distributed by your community stating its intent to revise the regulatory floodway,or a signed statement by your community that it has notified all affected property owners and affected adjacent jurisdictions. •Documentation of the individual legal notices sent to property owners who will be affected by any widening or shifting of the base floodplain and/or any BFE increases along Bozeman Creek. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street,Alexandria,VA 22304. Additional Information about he NFIP is available on the FEMA Web site at http Uwww.fema govinational-flood-insurance-program. Patrick"Rick"F Sacb,bit,P E.,Chief Engineering Services Branch Federal Insurance and Mitigation Administration 15-08-1337R 104 Page 4 of 5 Issue Date:March 22,2016 -case No.: 15-08-1337R CLOMR-APP lti QA�hT a1,t. . rt Federal Emergency Management Agency c`.. Washington, D.C. 204-12 7D 5t("`. CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) DATA REQ(71RED FOR FOLLOW-('P LOUR(continue(l) •FENIA's fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps may be accessed at https://www.fema.gov/forms-documents-and-software/flood-map-related-fees. The fee at the time of the map revision submittal must be received before we can begin processing the request. Payment of this fee can be made through a check or money order,made payable in U.S,funds to the National Flood Insurance Program,or by credit card(Visa or MasterCard only). Please either forward the payment;along with the revision application,to the fallowing address: LOMC Clearinghouse Attention: LOMR.Manager 347 South Pickett Street Alexandria,Virginia 22304 or submit the LONIR using the LOMC portal at https:flhazards.fema.govi'femaportal;onlinetomcfsignin. After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FIS report. Because the flood hazard information(i.e.,base flood elevations,base flood depths,SFHAs,zone designations,and/or regulatory floodways)will change as a result of the project,a 90-day appeal period will be initiated for the revision,during which community officials and interested persons may appeal the revised flood hazard information based on scientific or technical data. This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street.Alexandria,VA 22304. Additional Information about he NFIP is available on the FEMA Web site at http:liwNw.fema.gov/national-flood-insurance-program. Patrick"Rick'F.Sacbibit,P.E.,Chief Engineering Services Branch Federal Insurance and Mitigation Administration 15-08-1337R 104 Page 5 of 5 Issue Date:March 22,2016 Case No.: 15-08.1337R CLOMR-APP ��4pAR 1 tt� F Federal Emergency Management Agency Washington, D.C. 20472 >a ytC CONDITIONAL LETTER OF MAP REVISION COMMENT DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) CONMUNITY RENIINDERS We have designated a Consultation Coordination Officer(CCO)to assist your community. The CCU will be the primary liaison between your community and FE 4A. For information regarding your CCO,please contact: N—Is.Jeanine P.Petterson Director,iVlitisation Division Federal Emergency Management Agency, Region VIff Denver Federal Center,Building 710 P.U. Box 25267 Denver.CO 80225-0267 (303)235-4830 This comment is based on the flood data presently available. if you have any questions about this document,please contact the FEMA Map Information exchange(FMIX) toll free at 1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street,Alexandria,VA 22304 Additional Information about the NFIP is available on the FEMA VVeb site at http://www fema.govinational-flood-insurance-program Patrick"Rick"F.Sacbibit.P.E.,Chief Engineering Services Branch Federal Insurance and Mitigation Administration 15-08-1337R 104 B©g�, THE CITY OF BOZEMAN 20 E.OLIVE•P.O. BOX 1230 * BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT 9�rN COOS PHONE: (406) 582-2280 FAX: (406) 582-2263 June 3,2016 Ms. Carolyn Poissant,TOPS Manager City of Bozeman PO Box 1230 Bozeman, MT 59771 i`E F 1oodplain Per{lilt Approva; Bozeman Creek Enhancement at Bogert Park Dear Carolyn: The City of Bozeman Floodplain Administrator upon review of materials provided to permit proposed stream restoration activities for a portion of Bozeman Creek at Bogert Park finds that the project satisfies applicable criteria of the City of Bozeman Floodplain Regulations(Chapter 38, Article 31 Bozeman Municipal Code)for floodplain permit issuance. The project proposes work that modifies and encroaches into the regulatory floodway of Bozeman Creek. Proposed modifications to the regulatory floodway have been approved by FEMA through the Conditional Letter of Map Revision process. The project engineer has certified that the proposed project has been designed in accordance with the city's floodplain regulations. This letter serves as formal written approval of the application for a Floodplain Development Permit for the above referenced project. The issuance of this Floodplain Development Permit is approved subject to the following conditions: 1) The applicant shall obtain an approved Letter of Map Revision(LOMR)from the Federal Emergency Management Agency. The LOMR application shall be submitted to FEMA within 6 months following project completion. The project work must conform to the approved project plans and specifications, including conditions of other approved stream permits required of the project. Any change in the approved plans and specifications shall be submitted to the City Engineer's Office for review and approval prior to construction. The project engineer or architect shall provide adequate project construction inspection and within 90 days of completion of the permitted work shall certify to the City Engineer that the project was completed in accordance with the approved plans. If the project will be completed in Phases, certification of completion of each phase shall occur, This approval is given with the understanding that the work within the 100-year floodplain will be initiated within l year of the date of this letter. if more than one year elapses before initiation of this project, it shall be necessary to resubmit the project plans for re-approval before beginning construction. One set of plans bearing the city's approval is enclosed. Please contact me if you have any questions, HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Sincerely, Brian Heaston, PEE Bozeman Floodplain Administrator Attachments cc: Traci Sears—DNRC Water Resources,Floodplain Management,PO Box 201601,Helena,MT 59620-1601 Ty Traxler,Confluence Consulting Inc.via email Rick Hixson,City Engineer via email Project File ERF