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HomeMy WebLinkAbout20- Contract Documents - Front Street Interceptor CITY OF BOZEMAN FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 1~ CITY OF BOZEMAN CIP PROJECT #: WWIF 11 I WPCSRF PROJECT #: C302253 hl PREPARED FOR: CITY OF BOZEMAN 121 N. ROUSE AVENUE, SUITE 200 I BOZEMAN, MT 59715 I PREPARED BY: Zffi v STAHLY ENGINEERING & ASSOCIATES, INC. 851 BRIDGER DRIVE, SUITE 1 STAH LY BOZEMAN, MT 59715 1970 (406) 522-8594 �`�fOCIR0, I CONTRACT DOCUMENTS JUNE 2020 CITY OF BOZEMAN FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT TABLE OF CONTENTS A. BIDDING REQUIREMENTS Call for Bids Instructions to Bidders Bid Form/Schedule of Items Bid Bond Non-Discrimination Affirmation Form B. CONTRACT FORMS Notice of Award Agreement Form Performance Bond Payment Bond Contractors Insurance Notice to Proceed JI Change Order Work Change Directive Application for Payment Certificate of Substantial Completion I C. OTHER CONDITIONS OF CONTRACT Standard General Conditions of the Construction Contract Supplementary Conditions to the General Conditions Funding Agency Special Provisions for Montana Public Facility Projects Montana Prevailing Wage Rates Federal Davis-Bacon Prevailing Wage Rates ID. SPECIAL PROVISIONS E. CONSTRUCTION PLANS (ATTACHED SEPARATELY) F. GEOTECHNICAL EVALUATION REPORT G. PERMITS OBTAINED BY OWNER H. ADDENDA I I A. BIDDING REQUIREMENTS i CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Front Street Interceptor Sanitary Sewer Main Replacement Separate sealed Bids for Construction of City of Bozeman Front Street Interceptor Sanitary Sewer Main Replacement will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m. (local time) on April 7, 2020 and then publicly opened and read aloud. Original copies must be submitted- no faxed or electronic bids will be accepted. 4 The physical address is: City Clerk's Office, Suite 200, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 200, City Hall, P.O. Box 1230,Bozeman, Montana 59771. The work includes construction of approximately 7,625 lineal feet of 24, 21, and 18- proposed inch diameter gravity sanitary sewer mains, associated manholes, two jack and bore installations (at railroad spur and East Main Street), and all-weather access surfaces along with restoration of surfaces affected by construction activities. The Contract Documents may be examined at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana, (406) 582-2280. The Contract Documents j may be examined and obtained at the offices of Stahly Engineering & Associates, 851 Bridger Drive, Suite 1, Bozeman, MT 59715 (406) 522-8594, in accordance with the Instructions To Bidders. In accordance with Article 2.1 of Instructions to Bidders, a hard copy package of project documents consisting of one (1) set of full-size Drawings, one (1) set of half-size Drawings, and one (1) Project Manual may be obtained from Stahly Engineering & Associates for a non- refundable fee of $100.00 per package. Payment of an additional $50.00 per package is required for express mail. An electronic package of the project documents may be obtained l from Stahly Engineering & Associates for a non-refundable fee of $25.00. Only CONTRACTORS obtaining documents from Stahly Engineering & Associates will be placed on the Planholder's List. There will be a Pre-Bid Conference at the City Shops, 814 North Bozeman Avenue, Bozeman, Montana at 10:3 0 a.m. (1 o c a l t i m e) o n M a r c h 2 5, 2020. Interested CONTRACTORS f are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry INVITATION TO BID J Pagel of 2 I � l (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling(406) 444-7734. 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 9 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 certificates of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 15th day of March 2020. Mike Maas, MPA Bozeman City Clerk Published Legal Ad,Bozeman,Montana March 15, 2020 March 29,2020 1 S INVITATION TO BID Page 2 of 2 I i SECTION 00200 INSTRUCTIONS TO BIDDERS y ARTICLE 1 -DEFINED TERMS 1.1 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. "Bidder" -The individual or entity who submits a Bid directly to OWNER. B. "Issuing Office"- The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. "Successful Bidder" -The lowest responsible Bidder submitting a responsive Bid to whom OWNER(on the basis of OWNER's evaluations as hereinafter } provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Invitation to Bid may be obtained from Stahly Engineering & Associates, Inc. 851 Bridger Drive, Suite 1, Bozeman, Montana, 59715 (Issuing Office). The deposit will not be refunded. 2.2 Complete sets of Bidding Documents must be used in preparing Bids;neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and ENGINEER,in making copies of Bidding Documents available on the above terms, do so only for purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.1 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of OWNER's request, Bidder shall submit written evidence, such as financial data, previous i experience in performing comparable work,present commitments and other such data as may be called for in the Project Manual. I 3.2 In determining the lowest responsible bid,the following elements will be considered: whether the BIDDER involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d)has appropriate 00200-1 i i technical experience. 3.3 Each BIDDER may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No BIDDER will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The BIDDER shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. 3.4 BIDDER is advised to carefully review those portions of the Bid Form requiring d BIDDER's representations and certifications. ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE 4.1 Subsurface and Physical Conditions A. The Special Provisions identify: 1 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents (if any exist). 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents (if any exist). 4.2 Copies of reports and drawings referenced in paragraph 4.02.A will be made available by OWNER to any BIDDER on request. Those reports and drawings are not part of the Contract Documents,but the"technical data" contained therein upon which BIDDER is entitled to rely as provided in paragraph 4.02 of the General Conditions has been j identified and established in paragraph 4.02 of the Supplementary Conditions. BIDDER ` is responsible for any interpretation or conclusion BIDDER draws from any "technical data"or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.3 Underground Facilities I A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless 6 expressly provided otherwise elsewhere. 00200-2 I 4.4 Hazardous Environmental Condition A. The Special Provisions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any BIDDER on request. Those reports and drawings are not part of the Contract Documents, but the "technical data"contained therein upon which BIDDER is entitled to rely as provided in the Special Provisions has been identified and established in paragraph 4.06 of the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion BIDDER draws from any"technical data" or any other data,interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERS with respect to subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02,4.03, and 4.04 of the General 1 Conditions. Provisions concerning responsibilities for the adequacy of data furnished to f prospective BIDDERS with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous e, Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.6 Upon request, OWNER will provide BIDDER access to the site to conduct such examinations,investigations, explorations,tests, and studies as BIDDER deems necessary for submission of a Bid. BIDDER shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations,tests, and studies. BIDDER shall comply with all applicable Laws and Regulations relative to excavation and utility locates. d A. Reference is made to the Special Provisions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. B. Paragraph 6.13.0 of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Special Provisions. R 00200-3 I f Ili I 4.7 It is the responsibility of each BIDDER before submitting a Bid to: li cA. Examine and carefully study the Bidding Documents including any Addenda and " the other related data identified in the Bidding Documents; fB. Visit the Site and become familiar with and satisfy BIDDER as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work; including but not limited to those general and local conditions affecting f transportation, disposal, handling and storage facilities, availability of labor, water,power,roads, climactic conditions and seasons,physical conditions at the work Sites and project area as a whole,job site topography Y an a h d ground J conditions, equipment and facilities needed preliminary to and during work prosecution; l C. Become familiar with and satisfy BIDDER as to all Federal, State and Local Laws and Regulations that may affect cost,progress, or performance of the Work; D. Carefully study all 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 carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site ( which have been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study(or assume responsibility for doing 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, and safety precautions and programs incident thereto; F. Agree at the time of submitting its Bid that no further examinations, investigations, exploration, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicted in the Bidding Documents; 1 00200-4 f I I H. Correlate 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; I g I. Promptlyive ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to the BIDDER; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.8 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means,methods, techniques, sequences or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in Bidding Q Documents and the written resolutions thereof by ENGINEER are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 -PRE-BID CONFERENCE 5.1 A pre-bid conference will be held at the time and place listed in the Invitation To Bid. Representatives of OWNER and ENGINEER will be present to discuss the project. " BIDDERS are encouraged to attend and participate in the conference. ENGINEER will I transmit to all prospective BIDDERS of record such Addenda as ENGINEER considers I, necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6- SITE AND OTHER AREAS 6.1 The Site is identified in the Bidding Documents. All additional lands and acce ss thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easement for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. I00200-5 ARTICLE 7-INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.3 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the BIDDER for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. ARTICLE 8-BID SECURITY F 8.1 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent(10%) of Bidder's maximum Bid price and in the form of a cashier's check, certified check,bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond (on a form attached if a form is prescribed) issued by a surety authorized to do business in Montana meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.2 The Bid Security of the Successful BIDDER will be retained until such BIDDER has executed the Contract Documents and furnished the required contract security and met j the other conditions of the Notice of Award, whereupon the Bid security will be returned. (, If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen(15) days after the Notice of Award, i OWNER may annul the Notice of Award and the Bid Security of that BIDDER will be forfeited. The Bid Security of other BIDDERS whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of (7) seven days after the Effective Date of the Agreement or(61) sixty-one days after the Bid opening,whereupon Bid Security furnished by such BIDDERS will be returned. 8.3 Bid security of other BIDDERS whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after Bid opening. 00200-6 f 1 ARTICLE 9 - CONTRACT TIMES 9.1 The number of days within which, or the dates by which, the Work is to be(a) Substantially Completed and(b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS i 11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or equal"items. Whenever it is indicated in the Bidding Documents that a substitute or"or equal"item of material or equipment may be furnished or used by CONTRACTOR if E acceptable to ENGINEER, application for such acceptance shall be submitted per the I{ procedures set forth in Paragraph 6.05 of the General Conditions and supplemented in Section 23 of the Special Provisions. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.1 If the Special Provisions require or the OWNER would request the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful p Bidder, and any other BIDDER so requested, shall will within five(5) days after Bid opening submit to OWNER a list of all such Subcontractors, Suppliers, individuals or entities proposed for those portions of the Work for which such identification is required. i Such list shall be accompanied by an experience statement with pertinent information f regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or j ENGINEER, after due investigation, has reasonable objection to any proposed ` Subcontractor, Supplier, individual or entity OWNER may,before the Notice of Award is given,request apparent Successful Bidder to submit a substitute, without an increase in f the Bid. 12.2 If the apparent Successful Bidder declines to make any such substitution, the OWNER I may determine such BIDDER to be non-responsive and reject the Bid. Declining to make requested substitution will not constitute grounds for forfeiture of the Bid Security of any BIDDER. Any Subcontractor, Supplier, individual or entity so listed and against which OWNER and ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in IParagraph 6.06 of the General Conditions. 00200-7 12.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13- PREPARATION OF BID C13.1 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the ENGINEER. Bids shall be strictly in accordance with the prescribed forms in the Project Manual. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.2 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein, or the words"No Bid", "No Change", or"Not Applicable"entered. ` 13.3 A Bid by a corporation must be executed in the corporate name by the president or a ivice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation,which is signed by a person other than a corporate officer must be accompanied by evidence of authority to sign. 13.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to t sign. The official address of the partnership must be shown below the signature. 13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. i 13.6 A Bid by an individual shall show the BIDDER'S name and official address. I 13.7 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid Form. The official address of the Joint Venture must be shown y below the signature. 13.8 All signatures are to be in ink and names must be typed or printed in ink below the signature. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature(s). 13.9 The Bid shall contain an acknowledgment of receipt of all Addenda(the numbers of which must be filled in on the Bid Form). Bids in which all issued addenda are not I acknowledged will be considered incomplete and will not be read. 00200.8 i 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 Current Montana Contractor's registration number, if any, must be shown. 13.12 The Bid must include a completed and signed non-discrimination affirmation form. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.1 Bids A. BIDDERS shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump } sum items, and alternates, as shown on the Bid Form. Bids and totals shall be lshown legibly in their proper locations. The total amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form Ishall be manually signed. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit price will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. I D I I 00200-9 p ARTICLE 15- SUBMITTAL OF BID 15.1 Each prospective Bidder is to execute one copy of the Bidding Documents. The Bid form I is to be completed and submitted with the Bid security along with additional documents, if any, as identified in the Special Provisions. The entire Project Manual must be submitted. 15.2 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope and addressed to either: Physical address: Bozeman City Hall Attn: Robin Crough, City Clerk 121 N. Rouse Avenue, Suite 200 Bozeman, MT 59715 or Mailing address: Bozeman City Hall Attn: Robin Crough, City Clerk P.O. Box 1230 Bozeman,MT 59771 The envelope shall also contain the following information: a) Name of Project b) Name and Address of Bidder c) Montana Certificate of Contractor Registration Number d) Acknowledge Receipt of Addendum No.: , e) In lower left-hand corner of the envelope print or type: BID DOCUMENTS—DO NOT OPEN UNTIL 2:00 pm local time ON April 7,2020. 15.3 A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone,telegraph, fax or other telecommunication systems will not be 00200-10 i I ' i considered. D. The Bid will not be considered unless the Bid Form is executed. I ARTICLE 16- MODIFICATION AND WITHDRAWAL OF BIDS I 16.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be ' submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.2 If, within twenty-four (24) hours after Bids are opened any BIDDER files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that BIDDER will be disqualified from further bidding on the Work. ARTICLE 17- OPENING OF BIDS 17.1 Bids will be opened at the time and place set for opening in the Invitation to Bid and,unless obviously non-responsive,read aloud publicly. An abstract of the amounts of the base Bids and major alternates(if any)will be made available to BIDDERS after the opening of I Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE I 18.1 All bids will remain subject to acceptance for sixty(60) days after the day of the Bid opening,but OWNER may, in its sole discretion,release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.1 OWNER reserves the right to reject any and all Bids, including without limitation, nonconforming, non-responsive,unbalanced or conditional Bids. OWNER further reserves the right to reject the Bid of any BIDDER whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER reserves the right to reject the Bid of any BIDDER if OWNER believes it would not be in the best interest of the Project to make an award to that BIDDER whether because Bid is not responsive or the BIDDER is i unqualified or of doubtful financial ability or fails to meet any other pertinent standard or l criteria established by OWNER. I 00200-11 I i l 19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any BIDDER has an interest in more than one Bid for the Work may be cause for disqualification of the BIDDER and the rejection of all Bids in which that bidder has an ` interest. 19.3 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates,unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.4 In evaluating BIDDERS, OWNER will consider the qualifications of BIDDERS and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work. 19.5 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications and financial ability of BIDDERS,proposed Subcontractors, Suppliers, individuals or entities to perform the Work in accordance with the Contract Documents. 19.6 If the Contract is to be awarded, OWNER will award the Contract to the responsible BIDDER whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors Considered. The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. ARTICLE 20 - CONTRACT SECURITY 20.1 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Performance Bond, Payment Bond, and certificates of insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance. ARTICLE 21 - SIGNING OF AGREEMENT J 21.1 When OWNER gives a Notice of Award to the Successful Bidder, it shall be I accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver at least six (6) counterparts of the Agreement and attached documents to OWNER. Within fifteen { (15) days thereafter OWNER shall deliver one fully signed counterpart to Successful } 00200-12 l I Bidder with a complete set of the Drawings and Specifications. ARTICLE 22 -STATE LAWS AND REGULATIONS 22.1 All applicable laws, ordinances and the rules and regulations of authorities having I jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, contractor registration, V employment preference to Montana contractors and Montana residents, and gross receipts i tax. 22.2 A public contract for the purchase of goods, construction, repair or public works to be awarded to the lowest responsible BIDDER without regard to residency. However, a resident BIDDER must be allowed a preference on a contract against the Bid of a nonresident BIDDER from any state or country that enforces a preference for a resident BIDDER equal to the preference given in the other state or country. The Montana preference applies whether the law requires advertisement for bids or not. A BIDDER on a public contract for goods who claims a preference shall either have on file with or submit to the City of Bozeman with its bid an affidavit specifying in detail on the basis on which the BIDDER claims the preference pursuant to rules adopted by Montana Department of Labor and Industry. 18-1-113, M.C.A. 22.3 BIDDER must give preference to the employment of bona fide residents of Montana in the performance of the work. 22.4 Prevailing wage rates must meet the requirements as indicated in Article 23 of this Section. 22.5 The CONTRACTOR and subcontractors must maintain payroll records in a manner readily capable of being certified for submission under 8-2-422, MCA, for not less than three (3) years after the completion of the work on a project. 22.6 CONTRACTOR shall post in a prominent and accessible place on the site of the work a legible statement of all wages and fringe benefits to be paid to the workers on the project. 22.7 The successful BIDDER will maintain required workers' compensation coverage. The Contractor is to provide either proof of Worker's Compensation and Unemployment Insurance certificates of insurance attached or a certificate showing an exemption obtained from the Montana Department of Labor pursuant to 39-71-401(3) and 39-51-204(2) Montana Code Annotated (MCA). i 22.8 In accordance with Title 15, Chapter 50,MCA,the OWNER shall withhold,in addition to other amounts withheld as provided by law or specified herein, one percent (1%) of all payments due to the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. 00200-13 i b I-OOZ00 •pwinbw suuol jaglo put, pig oql glim Suiuodo piglo auitl aql lu luauualnls uoiluogIvao luouuugop aqi api^oad lsnw lappig InlssaoonS agl puu loofozd sigl uo pozililn 5uiaq si 1?uipunl luapod •luauuugaQ ftpngo-d uoilu3gila33 of loodsw glim 00600 uotloaS Io [szalluW X3titgisuodsa21 aagl0 pun uoisuodsnS `luauuugaQ BuipmBo-d uoilu3g!:voD] £'S'I g'I0I.L2IV of paloaatp sl uoquailo S,2IgQQI9 NOILVDIALLURD ,LMEMUVggQ •a^isuodsaa-uou so pa;aafa.i aq o; piq aq; asnva Buui«;ao33a q;tg3 pooh„9 2u►Mogs aauapina;iiagns o;aanl!L3`Z'S'i aioT.Ijd 00600 uotloaS glim aouupi000n ul •lou4uoo uoilorulsuoo agl piumu of uogVzuoglnu plogglim put, loafoid aql jol spunl plogglim of uiur5ocd pund gui^io^a2l alnlS bg(IW agl joI spunoiS oq Xnui -IgQQIg oqi Xq slaojjo uoilultoilos ggCl olunbapuul •pamollu ;ou si S,ggQ Io uoueagp.iaa 31aS •suoilnlnSa-d uzuaBoad luauidola^aQ ssautsng (u)8 syoiluilstuTuxpV ssautsng IiuuiS Puv loV ssautsng iiuLuS agllo (9) pun (S) (u)8 uoiloas aapun asogl golnui nualuo ztagl papt^ozd `uoiluziuu5z0 alu^ud luapuodapui zo `Iuool `aluls u Aq ao (Vdg jo `uoilnlaodsuuzZlo luaugndaQ agl`uoiluusimmov ssautsng iinuiS ag;`•5•a)Xouaft,Iucapal ao aluls u Xq guns su pall!poo aq isnut gg(l V •puodsai of suug ggQ pardtlunb .col auzil luaioglns mollu of olgissod su pouad 2uippiq oql ui Xlzua su uuol isonbai olonb oqi lltugns pun lno IIg Pinogs XgQQIg aq L '/l aqP/^o 'iT 'lPw' vH:s g lu S2igQQIg of aignitn^u i si uuol lsonbaa olonb ggCl ouiluo uV '00600 uoiloaSlo [££I30 Ot JO sutnuBozd Koua2V uotloaload Inluauzuoai^ug salulS paliufl ul sasudaalug (gaa) ssautsng pa&ulun^pusiQ Sg uoiludioilaud aoI aouupinO] Z'S'I FI IDIL-dV ut paluaol on sivauzajinbaa uoilultoilos ggQ SRSRId2IgZNg SSHMISflg RDV,LNVAQVSIQ SZ9 i i Puu `8 i S i I `8St i I `papuaure su gj7ZI i 'ON saapaO a^ilnoaxg s,luopisaad oql giim Xlduxoo of paainbaa aq Ilim 3Iaom stgl uo saappig •suapt luoililod ao `aft, `snluls Iuluuuz`xas `uiifuo luuoilnu u012I131 `zoloo `oot'i atagl Io osnuoaq lsuiuin paluuiuiuosip lou on luauL�olduia aoI slunoilddu puu soaxolduia lugl 2uunsuo aoj luauiazinbaa aqi `00600 uoiloaS Io [sluauiaatnba21 uoil1V a^tluuui JV puu )fliun4aodd0 lu3LuXolduzg Iunbg] I'S'I g'IDI.L-dV of paloazip si uoiluallu Sc2IgQQIg A,LINfl,LIIOddO,LKHWAO'IdWH'IVfl g 'uiajagl saloiw olquoilddu Ilu qjim Xldutoo Ilugs 2IgQQIg Inlssaoons oqZ •sluaumooQ loualuo0 osagl jo (sioafoid Xlilian,I ollgnd uuuluow JOJ suotsi^oad luioodS X=D2V 2uipun3) 00600 uoiloaS of paloaatp st uoiluallu S,2IgQQIg S.LNgI HHlflbgH UHS) QNII3 DNIA'IOAHU gZV.LS—£Z g'IDIIHV I Ob-Z-8 i VDW ut pougop sn `sluopisaz uunluolg apg uuoq air loafoid oqi uo jognl 2uiuuolaad sn3liom s,zolouiluoo agl to %OS lsual lu lugl aansua Ilugs 2I0,LDV d LN0D 60t,-Z-8 i `VOW giim oouupi000u uI 67Z 1 s I-oozoo I I I I OOZ00 NOI,I33S AO QUH (uzjo•luauua.un atsre uipunj sltre /no •LI a•.talLIm//: u aas) aouuptn2 Vdg olquotlddt? 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Unit Prices have been computed in accordance with paragraph 11.03.13. of the General Conditions. f B. BIDDER acknowledges that estimated quantities are not guaranteed, and are ! solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 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 i this Contract. i D. The OWNER reserves the right to reject any or all bids. I 6.01 BIDDER agrees that the Work will be substantially completed and competed 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. i 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 h Bidders. I B. AGENCY required certifications. (Refer to Special Provisions, for AGENCY certifications and requirements.) C. Any requirements per Special Provisions, including: (1)tabulation of Subcontractors, Suppliers, and others; (2) individuals and entities required to be i identified in this Bid; (3)required BIDDER qualifications statement with supporting data; and, i D. City of Bozeman non-discrimination affirmation form. i { 00300-5 1 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions To Bidders, General Conditions,and the Supplementary Conditions. SUBMITTED on 9 0-11 (� i 22020. Montana Contractor's Registration# 55-4 0 Employers Tax ID No. 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.: 00300-6 A Corporation: (PVT �-Lc (Corporation Name) State of Incorporation: (;W-a 11cy Type(General ess, Pr f ssional, Service, Limited Liability): ��1n►�.�� (2;2�j;, �� By: E r (SiAnature of person authorized to sign) Title: Attest: Zla a (Si ature) IBusiness Address: c���l ! t t���+ _ i5 i ( � n OVI 1 I Phone No.: 106- FAX No.: `�U(F S "TRl1 S6 9a b "w1y •. 1 0 Cam`'• .MO Date of Qualification to do Business Is: d R ORAT d I (CorpoA t Se'�S'►• C j r A Joint Venture: Each Joint Venture Must Sign 4 Joint Venturer Name: r�I .•• ,�, " (Name) i By: (Signature of Joint Venture Partner) Name: (Name,printed or typed) Title: Business Address: IPhone No.: FAX No.: 00300-7 Joint Venturer Name: By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) I END OF SECTION 00300 4 f 9 a I 00300-8 I ! '' °G'(�a Lr!��' 9170C�;,r�' Mm or Wommm DEPARTMENT OF LABOR 1c INDUSTRY II CONSTRUCTION CONTRACTOR r—GISTRATION UNIT CO V T 1 1 AC T (l.l� R .1��1 ILA G'JVi LY r!. !l\1.f-11 1L � `ll� �� RE02001MAVE O►v [MO. 55440 COP CONSTRUCTION LLC PO BOX 20913 BILLINGS, MT 59104 Effective Date: October 6, 2018 Expiration Date: October 5, 2020 Employer 1 . I - Additional in formation on back. Please notify this agency of any changes within io days. TYPES OF CONTRACTOR REGISTRATION CERTIFICATES Below are the definitions of the four types of contractor registration certificates. The definitions show the extent to which certificate holders can work in the construction trade and whether the certificate covers employees. General contractors can check the certificate type to ensure the subcontractors they hire are working in the capacity in which they are registered. Customers can check contractors' certificates for the same reason. NO EMPLOYEES, MAY HIRE EXEMPT WORKERS ONLY This means the contractor does not carry workers' compensation coverage on any employees. EMPLOYEES ONLY This means the contractor carries workers' compensation coverage on employees. The certificate holder is registered to have employees. LEASE[ EMPLOYEES This means the contractor uses employees from an employee-leasing firm. These employees are presumably covered with workers' compensation and unemployment insurance through the'leasing company. BID ONLY This means the contractor is registered only to bid construction work in Montana and cannot perform actual work. To work the contractor must upgrade the certificate to one of the above. FOR MORE INFORMATION CALL (406) 444-7734 ' I I COP CONSTRUCTION LLC P.O.BOX 20913 BILLINGS,MONTANA 59104 406.656A632 FAX 406-656A808 I (' C(:Ac AIIIIIIIIIIIIIF ,:ommltment-Opportunity-People J It I 1• December 10, 2018 To Whom It May Concern: Jason Fenhaus is authorized to sign and execute bid documents and contract documents on behalf of COP Construction LLC. Sincerely, COP Construction LLC 7 I Edward W. Bedell President G i i F f HEAVY,HIGHWAY,MUNICIPAL-UTILITIES SINCE 1947 9 An Equal Employment Opportunity Employer PENAL SUM FORM 131 D BOND Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable, BIDDER(Name and Address): COP Construction LLC PO Box 20913, Billings, MT 59104 SURETY(Name and Address of Principal Place of Business): Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 OWNER(Name and Address): City of Bozeman 121 N Rouse, Suite 200, PO Box 1230, Bozeman, MT 59771-1230 BID Bid Due Date: April 10, 2020 Description(Project Name and Include Location): Front Street Interceptor Sanitary Sewer Main Replacement, Bozeman, Montana BOND Bond Number: Bid Bond Date(Not earlier than Bid due date): April 10, 2020 ilTen Percent of Amount Bid $ 10% •'G,- ^.�O'• (Words) (Figures) A VKnd Mdo,mnding to be legally bound hereby,subject to the terms set forth below,do each cause this � lBid Hwa l -duly 'ecuted by an authorized officer,agent,or representative. 1p4ik SURETY nSt[ LC (Seal) Fidelity and Deposit Company of Maryland (Seal) Bidder d Corp to S Surety's Name and Corporate Se-al 13y Si=a are re(Atteh Power ofAttorney) ,►.ti',AF�pm►Or'tr r 3eom i Gerber Print Name Name 9�s-iM4nnld Aflnmw A rney-in-Fact Title itle, Attest: Fz Attest: S' ature r � ignatA L cy Normandeau Witness Title Title Surety Phone No. Note:Above addresses are to be used for giving any required notice. Provide execution by any additional parties,such as joint venturers, ifnecessary. FJCDC C-430 Bid Bond(Pcnnl Snot Form) Prepattd by the Eo&tm Joint Contract Domments Committee. Pop I.of 2 PENAL SUM PORIvI I. Bidder and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the pearl sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time rcquimd by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any cxtenslon thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by tho Bidding Documents,or 3.2 All Bids are rciccwd by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time spccifed in the bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph S hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,seal,and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from.this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable, F.JCDC C430 Md Dnnd(Penal Sum Form) Frcpercd by the Eugtncen Joint con"abnenmthts Committee, page 2 of 2 Bond Number Bid Bond Obligee City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Naomi Gerber .its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 86At. By: Robert D.Murray Vice President By: Dawn E.Brown .a Im Secretary � 44 * - „M State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saM,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. �duiwu,� Q. J l°,�'�y t Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this loth dayof April ,2020 . 0SU4, a o = SEAL Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims�c�r�,zurichna.com 800-6264577 a I � t NON-DISCRIMINATION AFFIRMATION FORM �,(�� I .(�►,_1«Yt1Ci on [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed,sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity,or disability in the performance of work 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 as des�5ribed above and that this prohibition shall apply to the hiring and treatment of the �1-C D✓15�/(cI�'l� [name of entity submitting] employees and to all subcontracts it enters into in the performan a of the agreement with the City of Bozeman. 1 Signature of Bidder: I Person authorized to Wn on behalf of the Bidder I I I I ( I I I - 1 I l B. CONTRACT FORMS 1 Notice of Award IDate: (0 ' '.A0 ao ± Project: Front Street Interceptor Sanitary Sewer Main Replacement Owner: City of Bozeman Owner's Contract No.: Contract: Front Street Interceptor Sanitary Sewer Main Replacement Engineer's Project No.: 2709-00218 Bidder: COP Construction LLC Bidder's Address: 242 S. 64th St.West, Billings, MT, 59106 NI You are notified that your Bid dated 4/10/2020 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Front Street Interceptor Sanitary Sewer Main Replacement I The Contract Price of your Contract is: $3,126,126.00 (Three Million One Hundred Twenty-Six Thousand One Hundred Twenty-Six Dollars and Zero Cents) [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] 3 copies of the proposed Contract Documents(except Drawings)accompany this Notice of Award. 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[15]days of the date you receive this Notice of Award. 1. Deliver to the Owner[3 ]fully executed counterparts of the Contract Documents. I 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions(Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award,and declare your Bid security forfeited. Within ten days after you comply with the above conditions,Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman f Owner By: ` A o ' =gna Ct Title Copy to Engineer EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute, Page 1 of I f �I SECTION 00500 AGREEMENT FORM This Agreement is dated as of the_�Z kA day of I�6t in the year 2020,by and between the City of Bozeman,hereinafter called "OWNER" and , 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 work is generally described in the Invitation to Bid and is described in detail in the Contract Document, which includes full size detailed drawings. Article 2. 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: Construction of sanitary sewer gravity mains. Article 3. ENGINEER: 3.01 The Project has been designed by: Stahly Engineering and Associates, Inc. Gregory Steckler, P.E. 851 Bridger Drive, Suite 1 Bozeman, MT 59715 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 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. 00500-1 4.02 Days to Achieve Substantial Completion I A. The work will be substantially complete within 120 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 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 Five Hundred dollars ($500.00) for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. Section 4.03 does not include unscheduled work of the ENGINEER as specified in Section 24 of the Special Provisions. Article 5. CONTRACT PRICE: 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract 1 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 Schedules of the Bid Form. 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 6. PAYMENT PROCEDURES: I 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 1 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 00500-2 1 progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedules 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 by documentation satisfactory to Owner as provided in paragraph 14.02 of the General Conditions). c. The Owner shall withhold one percent(1%) of the amount of each payment as a Gross Receipt Tax as provided in section 10.07 of this Agreement. 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: J 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. 1 B. Contractor has visited the site and become familiar with and is satisfied as to the 00500-3 l general, local and Site conditions that may affect cost,progress,performance or furnishing of the Work. r 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 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 employed by Contractor including applying 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 thereto. 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. k I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or V 00500-4 i 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 A. The Contract Documents consist of the following: 1. This Agreement(Pages 1 to 9, inclusive); 2. Performance Bond (pages I to 3, inclusive); 3. Payment Bond (pages I to 3, inclusive); 4. Other Bonds (pages 1 to 2, inclusive); a. Bid Bond (pages 1 to 2,inclusive); 5. Certificate(s) of Insurance; 6. Invitation to Bid (pages 1 to 2, inclusive); 7. Instructions to Bidders (pages I to 15,inclusive); 8. General Conditions (pages 1 to 62, inclusive)—From Montana Public Works Standard Specifications Sixth Edition dated April, 2010; i 9. Supplementary Conditions (pages 1 to 12,inclusive)—From Montana Public Works Standard Specifications Sixth Edition dated April, 2010; 10. Funding Agency Special Provisions for Montana Public Facility Projects; 11. Special Provisions (pages 1 to 20, inclusive); 12. By Reference: Montana Public Works Standard Specifications, Sixth Edition (MPWSS) and the City of Bozeman Modifications to MPWSS with all addenda, March 31, 2011. 13. Specifications as listed in the table of contents of the Project Manual; 14. Drawings consisting of a cover sheet and sheets numbered T1.0 through C3.9 with each sheet bearing the following general title: l 00500-5 it s Front Street Interceptor Sanitary Sewer Main Replacement Bozeman, MT 15. Addenda(Numbers_to_, inclusive); 16. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages 1 to 1, inclusive); b. Contractor's Bid(pages 1 to 8,inclusive); c. Documentation submitted by Contractor prior to Notice of Award (pages to ,inclusive); d. Certificate of Substantial Completion(pages 1 to 2 inclusive); I 17. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). 18. Non-discrimination affirmation form. f B. The documents listed in paragraph 9.01.A. are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. I D. 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 I' may come due and moneys that are due may not be assigned without such consent 1 (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no { assignment will release or discharge the assignor from any duty or responsibility 1 under the Contract Documents. 00500-6 I 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 respect of all covenants, agreements and obligations contained in the Contract Documents. 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 reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to iexpressing the intention of the stricken provision. I10.05 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 the performance of the Work, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness,disease,or death,or to injury to our destruction lof tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. 10.06 Non-Discrimination Policy A. CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the City of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. 10.07 Gross Receipt Tax A. In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, one percent (1%) of all payments due the Contractor and shall remit such monies to the Montana Department of Revenue. 00500-7 I 1 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Six (6) copies of Agreement. One (1) counterparts have been delivered to OWNER, One (1) to CONTRACTOR and Four (4) 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 , 2020 (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 CONTRACTOR rCity of Bozeman Lp— I (�2� BY— - _ — BY Attest I Ia M 0,6-CN Attest Abrr"2L&a Address for giving notices: Address for giving notices: Qv2J2w�an �'tT "71 l l ////ll Phone No. qt)(, ljr a a�2 c7 Phone L "zf -Q3 I FAX No. FAX No. ....... 0 � O ...Atoo .. (CORPORATES �� (SEAL) RPOR WT4 4§EAL F:<�n. o ; (If OWNER is a pii6� -Wd ac nce Contractor Registration No. o� of authority to sign as er 'q '• ''P��' e documents authorizing e ui -of' Agent for service of process: Owner—Contractor Agreement.) Contractor Registration No. (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 00500-8 Owner's Designated Representative: Contractor's Designated Representative: Name: Name: ErlCC ,Sm)1h Title: Title:� llboaef Address: Address: h - Phone No.: Phone No.: 1/up �� Z/& FAX No.: FAX No.: I AGENCY CONCURANCE: As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder,the Agency hereby concurs in the form, content, and execution of this Agreement. 1 By: (Agency Official's Signature) Title: Date: By: (Agency Official's Signature) Title: Date: END OF SECTION 00500-9 COP CONSTRUCTION LLC P.O.BOX 20913 BILLINGS,MONTANA 59104 406.656-4632 FAX 406.656-4808 MA/STRUCT/O/V March 6,2018 i TO WHOM IT MAY CONCERN: i Eric Smith,Project Manager,is authorized to sign and execute documents as needed on behalf of COP Construction, LLC. Sincerely COP Construction, LLC Edward W. Bedell President `�ocurr+v M ,4" HEAVY,HIGHWAY,MUNICIPAL-UTILITIES SINCE 1947 An Equal Employment Opportunity Employer PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): COP Construction LLC PO Box 20913 Fidelity and Deposit Company of Maryland Billings, MT 59104 1299 Zurich Way, 5th Floor OWNER(Name and Address): Schaumburg, IL 60196-1056 City of Bozeman 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT J_ Effective Date of Agreement: (4?, Amount:$3,126,126.00 Three Million One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Description(Name and Location): Front Street Interceptor Sanitary Sewer Main Replacement, Bozeman, Montana BOND Bond Number: 9347452 Date(Not earli r t an Effective Date of Agreement): Amount: $3,12 ,1 6.00 Three Million One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause t ond to be duly executed by an authorized officer, agent, or representative. PRINCIPAL SURETY e 9 UfPp * COFJ Crnstructioj- > LC (Seal) Fidelity and Deposit Company of Maryland , 1% ` .0 's NA nd-E rporate Seal Surety's Name and Corporate Seal • 3t OF M By ''"'-Signature Signature (Attach Power of n.ttor q � �Z2/A Naomi Gerber Print Name Print Name 1+6 1,61Z Attorney-in-Fact Title Title Attest: Attest: Signature Signature Allan Hultgren 0 &2k,,r1v Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 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 Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. 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 Contractor Default or within two years after Contractor ceased working or within two years after 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions ith�s Bond shall beconstrued as to such aa statutory bond ry and not as hall be a comemed mon incorporated herein. The intent is law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. and Contractor identified on the signature page, 11.2 Contract: The agreement between Owner including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. IFOR INFORMATION ONLY—(Name,Address and Telephone) Surety Agency or Broker: Owner's Representative En ineer or otherparty): Stahly Engineering and Associates, Inc. PayneWest Insurance, Inc. 3289 Gabel Road 851 Bridger Drive, Suite 1 Billings, MT 59102 Bozeman, MT 59715 l 406-238-1914 EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 l PAYMENT BOND Any singular reference to Contractor, Surety,Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name, and Address of Principal Place of COP Construction LLC Business): PO Box 20913 Fidelity and Deposit Company of Maryland Billings, MT 59104 1299 Zurich Way, 5th Floor y oq((Name and Address): Schaumburg, IL 60196-1056 I y o o eman 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $3,126,126.00 Three Million One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Description (Name and Location): Front Street Interceptor Sanitary Sewer Main Replacement, Bozeman, Montana BOND Bond Number: 9347452 Date (Not earlifr tPan Effective Date of Agreement): 41 ZL 20 Amount: $3,126,126.00 Three Million One Hundred Twenty Six Thousand One Hundred Twenty Six Dollars and 00/100 Modifications to this Bond Form: ntractor, intending to be legally bound hereby, subject to the terms set forth below, do each 'G.eause this Pnt Bond to be duly executed by an authorized officer,agent, or representative. RP ? ,!' o. QQpig GCONTRACg6 AS PRINCIPAL SURETY • �� �r t�;F1h&strucAioh LLC (Seal) Fidelity and Deposit Company of Marvian 1 Contractor! , 'me an Corporate Seal Surety's Name and Corporate SeRiOFM By.----------Siy: Si nature Signature(Attach Power ol"Aftom g Erl-L Naomi Gerber Print Name Print Name I Attorney-in-Fact Title Title Attest: Attest: a� Signature Signature Allan Hultgren lt)4&1) Witness Title f Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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 Contract, whichever of (1) or (2) first 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and 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. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other): PayneWest Insurance, Inc. Stahly Engineering and Associates, Inc. 3289 Gabel Road 851 Bridger Drive, Suite 1 Billings, MT 59102 Bozeman, MT 59715 406-238-1914 EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 Bond No. 9347452 Obligee City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, d the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT I COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Naomi Gerber ,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. I The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By- Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 31st day of December,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 31st day of December, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. W TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ��c,uur�tr, Constance A.Dunn,Notary Public M Commission Expires:July 9,2023 } ��r�rrrr cccccp 1 1 1 . EXTRACT FROM BY-LAWS OF THE COMPANIES $ "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may,by g! written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations, undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney g is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still Iin force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney..-Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors 1 of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. $TIMONY_1ZMEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this �0 day of AV IV , 2020 F�v CLtpy.� �� �► � � '•�� 88A� I � I. By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT l INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zuriclina.com 800-626-4577 l ACOROI DATE(M�1)DJ 20Y) �� CERTIFICATE OF LIABILITY INSURANCE 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 have ADDITIONAL INSURED provisions or 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 w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). rn PRODUCER CONTACT Aon Risk Services Central, Inc. NAME: Chicago IL Office A/c No.Ext): (866) 283-7122 ac.No.: (800) 363-0105 v o E-MAI 200 East Randolph L = Chicago IL 60601 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURED INSURERA: The Travelers Indemnity Co. 25658 BNSF Railway company INSURER B: 4200 Buckingham Road, Suite 110 Fort Worth TX 76155 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570082057586 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 TERMSI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE ❑OCCUR DAMAGETO R Ea RENTED PRElAISES occurrence MED EXP(Any one person) PERSONAL&ADV INJURY ,D m GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 'O uI —JI I�I PRO- o POLICY I I�— I JECT LOC PRODUCTS-COh1P/OP AGG OTHER. o n ut A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY a accident) ANY AUTO BODILY INJURY(Per person) C OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS PROPERTY DAMAGE HIREDAUTOS NON-OWNED Per accident ONLY AUTOS ONLY Y d) UMBRELLA LUIB H OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION - WORKERS COMPENSATION AND PER STATUTE OTH EMPLOYERS'LIABILITY / ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS belon 1 A RR Protect Liab SPs4P432786IND 06/22/2020 06/22/2021 Railroad Protective $10,000,000 RRP Railroad Protective S5,000,000 DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Project: Front Street Interceptor sanitary sewer Main Replacement - COP Project No. 20105, Submission No. 153803, Project Description: Sewer Mainline Installation, the proposed sewer main is generally parallel to the tracks, 24" Bore and lack, Engineer's Project No. 2709-00218. CERTIFICATE HOLDER CANCELLATION ■ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. aalAJ COP Construction LLC AUTHORIZED REPRESENTATIVE 242 South 64th Street Billings MT 59106 USA Z�ra_Nc ©1988-2016 ACORD CORPORATION.All rights reserved. l ACORD 26(2016/03) The ACORD name and logo are registered marks ofACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/05/2020 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 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 w I certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Iv PRODUCER CONTACT 9 AOn Risk Services Central, Inc. NAME: Chicago IL Office (ac No.Ett): (866) 283-7122 ac.No.: (800) 363-0105 v 200 East Randolph I E-MAIL = Chicago IL 60601 USA ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# INSURED INSURERA: The Travelers indemnity co. 25658 Montana Rail Link INSURER B: P. 0. Box 16390 Missoula MT 59808 USA INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570082057579 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 TERM$ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR Ty PE OF INSURANCE ADDL SUER wynPOLICY NUMBER POLICY EFF POLICY E%P LIMITS ITR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE RENTED CLAIMS-MADE � PREMISES (OCCUR PREMI Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY m GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE � PRO- 0 POLICY �JECT C—I LOC PRODUCTS-COhIP/OPAGG ob OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS S AUTOS ONLY PROPERTY DAMAGE V HIREDAUTOS NON-OWNED Peraxident ONLY AUTOS ONLY d UMBRELLA LIAB OCCUR EACH OCCURRENCE t,.1 EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER STATUTE OTH i EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L DISEASE.EA EMPLOYEE It yes,describe under E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS belov A RR Protect Liab SPS41D4327981ND 06/22/2020 06/22/2021 Railroad Protective $10,000,000 RRP Railroad Protective $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached It more apace Is required) ' RE: Project: Front Street Interceptor Sanitary Sewer Main Replacement - Cop Project No. 20105, Submission No. 153803, Project -.{,a Description: sewer Mainline Installation, the proposed sewer main is generally parallel to the tracks, 24" Bore and Jack, Engineer's Project No. 2709-00218. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. aat. cop construction LLC AUTHORIZED REPRESENTATIVE 242 South 64th Street LN Billings MT 59106 USA c.a4'asa � ���.rd�c cJs>Gc*ac�ef0 r.'�.bitLtaG✓97a 1 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ACO® CERTIFICATE OF PROPERTY INSURANCE DATE 06/05/2020 05/2020 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. CONTACT PRODUCER AX Aon Risk services Central, Inc. H ONE (866) 283-7122 `/c No) (800) 363-0105 Chicago IL office a. . k 200 East Randolph E-kV IL �y Chicago IL 60601 USA PRODUCER CUSTOlAER 570000076926 d INSURER(S)AFFORDING COVERAGE NAIC N 1. INSURERA: AGCS Marine Insurance Company 22837 .n INSURED O COP Construction, LLC. INSURERS: INSURER C: 242 S 64 west Billings MT 59106 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570082054611 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Athch ACORD 101,Additional Remarks Schedule,If more space Is required( RE: Project: Front Street Interceptor Sanitary sewer Main Replacement - COP Project No. 20105, Submission No. 153803, Project Description: Sewer Mainline installation, the proposed sewer main is generally parallel to the tracks, 24" Bore and lack, Engineer's Project NO. 2709-00218. 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 -i-I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ID EXCLUSIONSAND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSR POLICY EFFECTIVE POLICY EXPIRATION N TYPE OF INSURANCE POLICY NUMBER COVERED PROPERTY LIMITS DATE(MM/DD/YYYY) DATE(MMIDDfYYYY) 00 LTR O BUILDING O PROPERTY PERSONALPROPERTY CAUSES OF LOSS DEDUCTIBLES BASIC BUILDING BUSINESS INCOME EXTRA EXPENSE I BROAD LU CONTENTS RENTAL VALUE SPECIAL BLANKET BUILDING Z Z EARTHQUAKE BLANKET PERS PROP W WIND BLANKET BLDG&PP U_ I FLOOD LL LU W U I X I INLAND MARINE TYPE OF POLICY X Umd $10.000,000 Builders Risk CAUSES OF LOSS X Deductible $2,500 POLICY NUMBER A NAMED PERILS SML93020608 07/01/2019 07/01/2020 X Other CRIME TYPE OF POLICY BOILER MACHINERY EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached If more apace is required) City of Bozeman, MT, Stahly Engineering & Associates, Engineer's Consultants, owner, Contractor, Subcontractors, Sub-Subcontractors Engineer, entities identified in the supplementary Conditions, respective officers, directors, members, I partners, employees, agents, consultants, and subcontractors are included as Additional Insured in accordance with the policy J{ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bozeman, MT r- 121 North Rouse Avenue, Suite 200 A �1�/�/(_��//J��/j_/�,J-'�s /(/J Bozeman MT 59715 USA AUTHORIZED REPRESENTATIVE /�// {(/�(�(�L VIK/�W �_ I ©1995-2016 ACORD CORPORATION.All rights reserved. ACORD 24(2016103) The ACORD name and logo are registered marks ofACORD AGENCY CUSTOMER to: 570000076926 LOC#: ACC)J?"® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. COP Construction, LLC. POLICY NUMBER see Certificate Number: 570082054611 CARRIER NAIC CODE see Certificate Number: 570082054611 EFFECTNE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance LOCATION OF PRE611SES I DESCRIPTION OF PROPERTY SPECIAL CONDITIONS I OTHER COVERAGES provisions of the Builder's Risk policy. I 1 I I 1 1 ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 06/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS IL 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 LD on REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 endorsemenl(s). PRODUCER NAME: 'C Aon Risk Services Central, Inc. PHONE (g66) 283-7122 FAX (800) 363-0105 4) Chicago I L office (ac.No.EXI): ac N. o. 200 East Randolph E-MAIL c Chicago IL 60601 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: zurich American Ins CO 16535 COP Construction LLC INSURERB: American Zurich Ins Co 40142 P.O. Box 20913 INSURERC: Allied World National Assurance Company 10690 Billings MT 59104 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570082030164 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. Limits shown are as requested POLICY EXP INSR TYPE OF INSURANCE I9D WUVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY POLICY EFF LIMITS LAR X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $2,000,000 CLAIMS-MADE ❑X OCCUR PREMISES Eaoceurrence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 G EN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 0 m POLICY X ❑PRO- ❑LOC PRODUCTS-COMP/OP AGG $4,000,000 cm JECT ao 0 CDOTHER: A AUTOMOBILE LIABILITY BAP 3486756-16 04/01/202004/01/2021 COMBINED SINGLE LIMIT $2,000,000 A BAP 4373312-11 04/01/2020 04/01/2021 Ilia accident) ANY AUTO BODILY INJURY(Per person) C I XI OWNED SCHEDULED BODILY INJURY(Per accident) r1 AUTOS ONLY AUTOS PROPERTY DAMAGE 0 X HIRED AUTOS X NON-OWNED Per accident ;= ONLY AUTOS ONLY Gl I C X UMBRELLA LIAB X OCCUR 03100734 04/01/2020 04/01/2021 EACH OCCURRENCE $3,007000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED I X RETENTION$10,000 B WORKERS COMPENSATION AND WC348676016 04/O1/2020 04/O1/2021 X PER STATUTE ERH- EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE ;1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000- DESCRIPTION OF OPERATIONS below -_ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Q� RE: Front street interceptor Sanitary sewer Main Replacement - COP Project No. 20105, Submission No.: 153803, Project - Description: Sewer Mainline Installation, The proposed sewer main is generally parallel to the tracks, 24" Bore and Jack, V Engineer's Project No.: 2709-00218. city of Bozeman, MT, stahly Engineering & Associates, Engineer's Consultants, owner, Contractor, Subcontractors, sub-subcontractors Engineer, entities identified in the supplementary Conditions, respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such are included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and umbrella Liability policies. General Liability policy evidenced herein is Primary to other insurance available to Additional 24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 51 City Of Bozeman, MT AUTHORIZED REPRESENTATIVE r 121 North Rouse Avenue, Suite 200 Bozeman MT 59715 USA eXKOf� i �G�V >sa;t 4C1A� EGAO�GL�4 �� 1 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000076926 LOC#: ACORD® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Central, Inc. cop Construction LLC POLICY NUMBER see certificate Number: 570082030164 CARRIER NAIC CODE Pee Certificate Number: 570082030164 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: Insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of Owner and Contractor and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them subcontractors and Engineer, and all 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) in accordance with the policy provisions of the General Liability, Automobile Liability and workers' Compensation policies. 1 I I I I 1 I ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL03 4 8 6 7 5 716 Effective Date: 4/1/2020 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10(10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury"arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage"caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. I 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or Ib. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, ° U-GL-2162-A CW(02/19) Page 1 of 4 t Includes copyrighted material of Insurance Services Office,Inc.,with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (1) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (II) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and t (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense Ioccurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the"products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury"or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW(02/19) Page 2 of 4 j Includes copyrighted material of Insurance Services Office,Inc.,with its permission. i (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 4( B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence"or offense that may result in a claim; (2) We receive written notice of a claim or"suit'as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (2) Emergency cardiopulmonary resuscitation (CPR) or first aid services performed by any other employee of yours who is not a licensed medical professional. B. Additional Insureds—Lessees Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and c. Ends when the person or organization ceases to lease or rent premises from you. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph B.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph B. shall not increase the applicable Limits of Insurance shown in the Declarations. C. Additional Insured—Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the"products-completed operations hazard": Section II—Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph C.as vendor)who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor 2. With respect to the insurance afforded to these vendors,the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; U-GL-1114-A CW (10/02) Page 2 of 9 1 i (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4)or(6)above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. C. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to these vendors under this Paragraph C., the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph C.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2., Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c.through n. do not apply to damage by fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; vandalism; weight of snow, ice or sleet; leakage from fire extinguishing equipment, including sprinklers; or acC.idPntal di$C_.harJQ or leakage of water or steam from any part of a system or appliance containing water or steam to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III— Limits Of Insurance. I 2. Paragraph 6. of Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or 1 in the case of damage by one or more covered perils to any one premises, while rented to you or temporarily occupied by you with permission of the owner. E. Limited Contractual Liability Coverage—Personal and Advertising Injury 1. Exclusion e. of Section I—Coverage B—Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions IThis insurance does not apply to: 1 1 U-GL-1114-A CW (10/02) Page 3 of 9 e. Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for"personal and advertising injury" if: (a) The"personal and advertising injury"arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The"personal and advertising injury"occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"personal and advertising injury"described in Paragraph (a) above, provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I—Supplementary Payments—Coverages A and B is replaced by the following: d. The allegations in the"suit"and the information we know about the"occurrence"or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. 3. The following is added to the paragraph directly following Paragraph 2J. of Section I—Supplementary Payments—Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2)of Section I—Coverage B—Personal And Advertising Injury Liability, such payments will not be deemed to be damages for"personal and advertising injury"and will not reduce the limits of insurance. F. Medical Payments—Increased Reporting Period Paragraph 1. a. of Section I -Coverage C—Medical Payments is replaced by the following; a. We will pay medical expenses as described below for"bodily injury"caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or J (3) Because of your operations; provided that: (a) The accident takes place in the"coverage territory"and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. G. Supplementary Payments The following changes apply to Supplementary Payments—Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: U-GL-1114-A CW(10/02) Page 4 of 9 i b. Up to$2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. H. Broadened Property Damage 1. Elevator Property Damage a. The following is added to Exclusion j. of Section I—Coverage A—Bodily Injury And Property Damage Liability: Paragraphs (3)and (4)of this exclusion do not apply to"property damage" arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III—Limits Of Insurance: Subject to Paragraphs 2., 3. and 5.above, the most we will pay under Coverage A for damages because of "property damage"to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is$25,000 any one "occurrence". 2. Property Damage To Borrowed Equipment a. The following is added to Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4)of this exclusion does not apply to"property damage"to equipment you borrow from others at a jobsite. b. The following is added to Section III—Limits Of Insurance: Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of "property damage"to equipment you borrow from others at a jobsite is$25,000 any one"occurrence". I. Expected or Intended Injury or Damage Exclusion a. of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. J. Definition—Bodily Injury Definition 3. in Section V—Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death sustained by a person which results from that bodily injury, sickness or disease. I K. Insured Status—Amateur Athletic Participants Section II—Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for. I a. "Bodily injury"to: (1) Your"employee", "volunteer worker"or any person you sponsor while participating in such amateur athletic activities; or (2) You, any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company)while participating in such amateur athletic activities; or b. "Property damage"to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your"employee", "volunteer worker" or any person you sponsor; or i U-GL-1114-A CW(10/02) Page 5 of 9 (2) You, any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company). L. Aircraft,Auto Or Watercraft Exclusion g.of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury" or"property damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto"on, or on the ways next to, premises you own or rent, provided the"auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract"for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment". M. Definitions—Leased Worker,Temporary Worker and Labor Leasing Firm 1. Definitions 10. and 19. in Section V-- Definitions are replaced by the following: 10. "Leased worker"means a person leased to you by a"labor leasing firm" under a written agreement between you and the"labor leasing firm", to perform duties related to the conduct of your business. "Leased worker"does not include a"temporary worker". 19. "Temporary worker' means a person who is furnished to you to support or supplement your work force during "employee"absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short-term workload conditions. "Temporary worker"does not include a"leased worker'. 2. The following definition is added to Section V—Definitions: "Labor leasing firm"means any person or organization who hires out workers to others, including any: I a. Employment agency, contractor or services; b. Professional employer organization; or C. Temporary help service. I N. Definitions—Your Product and Your Work Definitions 21.and 22. in Section V—Definitions are replaced by the following: 21. "Your product": a. Means: 1 U-GL-1114-A CW(10/02) Page 6 of 9 (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of"your product"; and (2) The providing of or failure to provide warnings or instructions. C. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of"your work"; and (2) The providing of or failure to provide warnings or instructions. O. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II—Who Is An Insured or an "employee"authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence"to the workers compensation carrier of the Named Insured and this"occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence"to us at the time of the"occurrence"shall not be deemed to be a violation of this condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. P. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV—Commercial General Liability Conditions are replaced by the following: 4. Other Insurance { If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of E this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is also primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and U-GL-1114-A CW(10/02) Page 7 of 9 (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance,whether primary, excess, contingent or on any other basis: (1) That is property insurance, Builder's Risk, Installation Risk or similar coverage for"your work'; (!I) That is property insurance purchased by you (including any deductible or self insurance portion thereof)to cover premises rented to you or temporarily occupied by you with permission of the owner; (ill)That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of.Section I—Coverage A—Bodily Injury And Property Damage Liability; or (v) That is property insurance(including any deductible or self insurance portion thereof) purchased by you to cover damage to: (i) Equipment you borrow from others at a jobsite; or (ii) Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof)available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance,whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. Q. Unintentional Failure to Disclose All Hazards Condition 6. Representations of Section IV—Commercial General Liability Conditions is replaced by the following: I6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: 1 U-GL-1114-A CW(10/02) Page 8 of I. Fail to disclose all hazards existing at the inception of this policy; or ii. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. R. Transfer Of Rights Of Recovery Against Others To Us/Waiver of Right of Subrogation Condition 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions is renamed and replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us/Waiver of Right of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. S. Liberalization Condition The following condition is added to Section IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. I I 1 I U-GL-1114-A CW(10/02) Page 9 of 9 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. AP 3486756-16 4/1/2020 4/1/2021 4/1/2020 30-380000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. lB. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. I (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a J day because of time off from work. l U-CA-424-F CW(04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section If—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total"loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for 1 loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04/14) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However, the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph BA.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto"at the time of"loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such 'loss". 4 U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph 13.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all"loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the "insured"to notify us of any"accident", claim, "suit"or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit'; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 1 U-CA-424-F CW(04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A.Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay Ionly for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. l l l l U-CA-424-F CW(04/14) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 0 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. AP 4373312-11 4/1/2020 4/1/2021 4/1/2020 30-380000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. I (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total'loss"to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04/14) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any of i the following: I (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. I (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph BA.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an"insured"; and J (b) Are in a covered "auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such 'loss". l l U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph 6.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all"loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice { of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the "insured"to notify us of any"accident", claim, "suit" or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's" name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident"or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards 1 The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: I (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not Iprovided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an"auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay l only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. IAll other terms, conditions, provisions and exclusions of this policy remain the same. 1 1 1 U-CA-424-F CW(04/14) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required in a written contract or a written agreement with the insured, executed prior to the Accident or Loss, that waiver of subrogation be provided under this policy for work performed by you for that person and/or organization I This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. 1 (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2020 Policy No. WC348676016 Endorsement No. Insured COP Construction, LLC. Premium$ Insurance Company American Zurich Ins Co I Countersigned by WC124(4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance,Inc. Uniform FormsTM 19 Notification to Others of Cancellation ZURICH Policy No. I Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. AddT Prem Return Prem. BAP3486756-16 04/01/2020 04/01/2021 06/12/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Organ lzation s : City of Bozeman, Montana 121 North Rouse Avenue, i P.O. Box 1230, 45 l Bozeman, Montana 59771-1230 1 All other terms and conditions of this policy remain unchanged. 1 l U-CA-812-A CW(05/10) Confidential\Non Personal Data Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 9 Notification to Others of Cancellation ZURICH Policy No. I Eff. Date of Pol. I Exp. Date of Pol. I Eff.Date of End. I Producer No. AddT Prem Return Prem. BAP4373312-11 04/01/2020 04/01/2021 1 06/12/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Organ izatio n s : City of Bozeman, Montana 121 North Rouse Avenue, P.O. Box 1230, 45 Bozeman, Montana 59771-1230 All other terms and conditions of this policy remain unchanged. U-CA-812-A CW(05/10) Confidential\Non Personal Data Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 9 Notification to Others of Cancellation ZURICH Policy No. Eff. Date of Pol. I Exp. Date of Pol. I Eff.Date of End. I Producer No. Add'I.Prem Return Prem. GL03486757-16 04/01/2020 1 04/01/2021 1 06/12/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Organ ization s : City of Bozeman, Montana 121 North Rouse Avenue, P.O. Box 1230, 45 Bozeman, Montana 59771-1230 All other terms and conditions of this policy remain unchanged. i U-GL-1446-A CW(05/10) Confidential\Non Personal Data Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Or anization s : City of Bozeman, Montana 121 North Rouse Avenue, P.O. Box 1230, 45 Bozeman, Montana 59771-1230 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/12/2020 Policy No.WC 3486757-16 Endorsement No. Insured COP Construction LLC Premium $ American Zurich Insurance Company WC 99 06 33 ConfidentitL�&o05e►pg)al Datincludes copyrighted material of National Council on Compensation Insurance,Inc.with its permission. Page 1 of 1 POLICY NUMBER: GL0348675716 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project except a construction project for which a consolidated (wrap-up)or similar insurance program has been provided Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To I 2. The Designated Construction Project General You and Medical Expense continue to apply. ` Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- I "property damage" included in the "products- cable Designatedgregate Construction Project Gen- completed operations hazard", and for medi eral- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". I 1 CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Pagel of 2 Wolters Kluwer Financial Services I Uniform FormSPA B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. I 1 I I I I l l I I Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 POLICY NUMBER: GL0348675716 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: Any railroad where required in a written contract or a written Any Job site when required by written contract agreement with the Named Insured executed prior to the or written agreement executed prior to loss. Accident or Loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site, the contract or agreement: definition of "insured contract" in the Definitions sec- (1) That indemnifies an architect, engineer or tion is replaced by the following: surveyor for injury or damage arising out 9. "Insured Contract" means: of: a. A contract for a lease of premises. However, (a) Preparing, approving or failing to that portion of the contract for a lease of prepare or approve maps, shop premises that indemnifies any person or or- drawings, opinions, reports, surveys, ganization for damage by fire to premises field orders, change orders or draw- while rented to you or temporarily occupied ings and specifications; or by you with permission of the owner is not an (b) Giving directions or instructions, or "insured contract"; failing to give them, if that is the pri- b. A sidetrack agreement; mary cause of the injury or damage; c. Any easement or license agreement; (2) Under which the insured, if an architect, d. An obligation, as required by ordinance, to engineer or surveyor, assumes liability for indemnify a municipality, except in connection an injury or damage arising out of the with work for a municipality; insured's rendering or failure to render e agreement; professional services, including those . An elevator maintenance a g listed in Paragraph (1) above and super- tl f. That part of any other contract or agreement visory, inspection, architectural or engi- II pertaining to your business (including an in- neering activities. demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con- tract or agreement. 1 CG 24 17 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 1 1 � Notice to Proceed Date: Project: Front Street Interceptor Sanitary Sewer Main Replacement Owner: City of Bozeman Owner's Contract No.: ( Contract: Engineer's Project No.: 2709-00218 P Contractor: i Contractor's Address: [send Certified Mail, Return Receipt Requested] I q I • I You are notified that the Contract Times under the above Contract will commence to run on . 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 , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is I Before you may start any Work at the Site, Paragraph 2.013 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds 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: [add other requirements]. Owner Given by: Authorized Signature Title t Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 U"A1Nkx : UAVE c No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER`s Contract No. ENGINEER ENGINEERs Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) ! CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: I (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No. _to Orders No. to No._ Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease) of this Change Order: Net increase(decrease)this Change Order: i Substantial Completion: $ Ready for final payment: (days) i Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work,additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items,except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. I CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date i EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 Q:\Backup\Forms\COB Change Order Form.doc 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 disputes. 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. Page 2 of 2 QABackup\Forms\COB Change Order Form.doc 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 M O N i m a 0 � 0 O Z c c 0 0 co m m E» �rva va ��� tflts�ts � vr o 0 a N 0 0 L C C 0 O O rz L O C m m Z 'r C C m m m o a 0 d d 'C c 0 N m t m •CL w c �.0 O CL Q mmQ CL Q C NO Y CD d E w � ►. i v a i r � C0 a) oa) Q > w i C o� � W c U) W ycc � zQc0 o cn � OF- co w m Q L LSO to Cwz 0) J w J J C C C F- 0) F- U) �m � o°'c a CL a N ER w d3 O LL t7f W } N Q m Q W rn x tm- co U) tm U v W O \ c W U) o = Z o LL. IL U �VaLL z5 ° wF-O � QO0 � c Q a Z 0 cQ »° 2w w 0 C 'o n Z O W J Z OQC a) Zz C >. t � Q :; ~ cn U) 7 0 O (D dip Ow W W � Q O d O O O0 > z OZ V HVOC 6d UJJ tCQmV V a O U to L (b C. �O 0 a) r N M [t' to t0 00 C. N ILQ O •O y 7 a ro cmn tons . m c 0 0 as c 0 0 0 n �° x - y bN rn to d V 0 � . c O O YO « O `C a) V EC > 'C >. 'OE C a y dmN >Q ' C0 ° w a E t vE Q U U c0 aC. cc > o0 E �OY0 � yM > CDO cUn O y p E i Y O i y E C L ai C' p t t O 0 = E 0 3 O C m0 (i o 6 N v " L = m V 00 0 0 - m v m 0 m C y v c m m o - - s 3 N c y 00 0 c = L 00 10 C ' C c E b i Z d to O Y o. (D 0 MQ E 0 cz cud U) a a _0 c m 0 � o = :: tea aUi Nc n Ca y ° c - � 3 � a N - o 0 00 ,0 'v_ � � c `- >%o cu c LL 3 � :3>," E mm � m �U° o E z c gy p ._ n " c >, o t° J 0 -- ° .5 N`= -m m UO c n a �U) N0Y CQ. U) nWc MCD > m Lr CO o coL 2 '2 Q W c � C0nd � � 'o o c ' owo wrp Zw aia _ U x a) cc y >m � noL > O m ° O 0 00 bb� LL Q � U co .Q = � o Yc� > m C V r- C 3 v C OZ U E U W i L m O V — C. O i m U ov a 0Z wz � � c � ap °� QMMm - M z " � O aviLLQ U L Z = Z0E ` EQ ° N � � °� v� Uabi J o 0 3 0. U p � o �,0 3 - ' n 3 '0 c0> Q o O ¢ I- U 0. W, n m w0 m to m U a 2 00 ww ¢ c � o S \ \ m \ NCO } .0 = 2 = CL Q � � ate\ { 2 \\\ # ° 0 F- w � \ b e0 LU I � 2s \7 kf \ kC CL \ / \ 2 2 \ § c § \ / \\ k \ IL < < / C) 4 t § Q.Q. § < M '0 a) 2 � L) \ ( j ] � } \ \ \ \ { / / 2 \ \ ] < / \ /U \ e gr ) \k§ LU \ ccm 2 � D 1 � \ / /\ / 5 $ 0 Q c \ § CL 2 < U)\ / i / M i.. 0 o LL Co b V m 0 LL CL Q Q m a U) i 2 � O LL aD w ++ a'O + ETp + i U co n U ++ 0 cp � � �U w o � C N � U) 0 a- w !n i� H t Z p W ~ C C a O O In N (� O .0 + U U U Q cr a Q C O U o U 76 E — O CL LL Q N � N 00 °' a N M U TS U) b ti Q O O 0 'b U C U U C P. CU C) O O '� U O U Q r- a) .Y O � � U O Q U cUJ N Q � C C O � o c U o O O uvi W N It y.r p 00 y CO U W '0 O cy 0 rl W y O U�1)� U d C �O t N O O T C7 o o Z Z abi o O U.o quo i v n m tU a LL ¢ cn is i Certificate of Substantial Completion Project: Front Street Interceptor Sanitary Sewer Main Replacement Owner: City of Bozeman Owner's Contract No.: Contract: Construction of Sanitary Sewer Main Replacement Engineer's Project No.: 2709-00218 This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: []The following specified portions of the Work: I 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 [tentative] [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, P t3' p utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑Not Amended IOwner's Amended Responsibilities: Contractor's Amended Responsibilities: i 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 I 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. Y Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date I 1 I I I I I I } i jEJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 c. OTHER CONDITIONS OF CONTRACT Standard General Conditions of the Construction Contract From Montana Public Works Standard Specifications Sixth Edition Dated April, 2010 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by Uu� ACEC F .\m:n .<o . 0 of I.ontpixc C'oarvar. IY[IR f K l u � INgO■1� PON ASCE American Society National Society of of Civil Engineers professional Engineers Prolessional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by 10V CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 standard General Conditions of the Construction Contract Copyright©2007 National society of Professional Engineers for EJCDC. 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.nspe.org American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202) 347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston,VA 20191-4400 (800) 548-2723 www.asce.or� Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society, of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article 2—Preliminary 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.......................................................................................8 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........................................................................................................... 10 4.01 Availability of Lands ..................................................................................................................10 4.02 Subsurface and Physical Conditions .......................................................................................... 11 4.03 Differing Subsurface or Physical Conditions.............................................................................11 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............................................................................................................. 16 5.04 Contractor's Insurance................................................................................................................ 17 5.05 Owner's Liability Insurance.......................................................................................................18 5.06 Property Insurance......................................................................................................................18 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 D 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.........................................................21 Article 6-Contractor's Responsibilities........................................................................................................22 6.01 Supervision and Superintendence...............................................................................................22 6.02 Labor; Working Hours................................................................................................................22 6.03 Services, Materials, and Equipment...........................................................................................22 6.04 Progress Schedule.......................................................................................................................23 6.05 Substitutes and"Or-Equals".......................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others..................................................... 6.07 Patent Fees and Royalties...........................................................................................................27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations.................................................................................................................27 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......................................................................................................30 6.18 Continuing the Work...................................................................................................................32 6.19 Contractor's General Warranty and Guarantee..........................................................................32 6.20 Indemnification...........................................................................................................................33 6.21 Delegation of Professional Design Services ..............................................................................34 Article 7-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.............................................................................................................................36 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 9.02 Visits to Site................................................................................................................................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 9.03 Project Representative................................................................................................................38 9.04 Authorized Variations in Work ..................................................................................................38 9.05 Rejecting Defective Work ..........................................................................................................38 9.06 Shop Drawings, Change Orders and Payments..........................................................................38 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 ...........................................................................................40 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety..................................................................................................................41 10.05 Claims..........................................................................................................................................41 Article 11 -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..................................................................................................................48 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...................................................................................................51 13.09 Owner May Correct Defective Work.........................................................................................51 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 Utilization........................................................................................................................56 14.06 Final Inspection...........................................................................................................................56 14.07 Final Payment..............................................................................................................................57 14.08 Final Completion Delayed..........................................................................................................58 14.09 Waiver of Claims........................................................................................................................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 Article 15—Suspension of Work and Termination........................................................................................58 15.01 Owner May Suspend Work........................................................................................................58 15.02 Owner May Terminate for Cause...............................................................................................58 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work or Terminate..................................................................................60 Article16—Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 Article17—Miscellaneous..............................................................................................................................61 17.01 Giving Notice..............................................................................................................................61 17.02 Computation of Times................................................................................................................61 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. C1. 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. I 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. r6. 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 terms of the Contract. A demand for money or services by a third party is not a Claim. 11. 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 Copyright©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. Conti-act Times—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 term 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; Laivs 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. Milestone—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 i 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 j oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—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. f 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the f 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 Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Di-mvings—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 Directive—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©2007 National Societe,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 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 determination 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: 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 i 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). E. Furnish, Install, Perform, Provide: 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 1. 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 oflnsurance: 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. Ali 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: 1. 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 i 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 f A. At least 10 days before submission of the first Application for Payment a conference attended by jContractor, 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 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of 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 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 1. 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. 3.03 Reporting and Resoh)ing Discrepancies A. Reporting Discrepancies: 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 1. Contractor's Review 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. 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. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of n in resolving an conflict error, ambiguity, or the Contract Documents shall take precedence g y discrepancy between the provisions of the Contract Documents and: 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 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). 3.04 Amending and Supplementing Contract Documents lA. 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. 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: 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 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 3. Engineer's written interpretation or clarification. 3.05 Reuse ofDocuments 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 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 performed 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: 1. 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: 1 1. 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. 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 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 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 m 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. Engineer's 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: 1. 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 i£ 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 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 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 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: 1. 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 Indicated.• 1. 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Societ- y of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 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: 1. 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. 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 whom 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 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 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 lor entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold lharmless 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 j Contractor 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 of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 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, Payment, 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 5.013, 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 5.013 and 5.02. 5.02 Licensed Sureties and Insurers 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 shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 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. 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 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: j l. 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: a. by any person as 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: 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 1. 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. 5.05 Owner's Liability Insurance 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 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 1. 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 damage (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; 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, 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. 1 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 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 losses 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 loss 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 them for: 1. 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 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 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 oflnsurance 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 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 2.01.13. 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 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. l EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 l I 1 ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,method,technique, sequence,or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services,materials, equipment,labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 22 of 62 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results J imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in 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 23 of 62 2. Substitute Itenis: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance,repair, and replacement services; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete,which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. l ( F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 i II other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the 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,relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 I 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, I consultants, and subcontractors 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 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. 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 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, fdesign,process,product,or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 27 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. 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 any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 28 of 62 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the i Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when j prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 29 of 62 I D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 } 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services,materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and r Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. f 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop i 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means,methods,techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. ' complete the Work in accordance with the Contract C. Contractor's obligation to perform and g p Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. 6.20 Indemnification A. 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 the performance of the Work,provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys,Change Orders, designs,or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by 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 34 of 62 ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. 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 that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work: Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and l3. the extent of such authority and responsibilities will be provided. fB. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 I 7.03 Legal Relationships A. Paragraphs 7.0I.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any,with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 36 of 62 II II 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design i professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits lEJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times,or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated,installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services,if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. f B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity,or to any surety for or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants,if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 1 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. i 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data i shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall I be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineers Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. i b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. I c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, I assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. 1 e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 I f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Conti-actor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 1 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. } B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, i initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. i B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the i actual quantities and classifications of Unit Price Work performed by Contractor will be made by lEngineer subject to the provisions of Paragraph 9.07. Each unit rice will be deemed to include an amount considered b Contractor to be adequate to C. ac p Y eq cover Contractor's overhead and profit for each separately identified item. I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 � l D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3,the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Societe'of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs I1.0l.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e,inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. I B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this j Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as a contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions,or acts of God. ' B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being f essential to Contractor's ability to complete the Work within the Contract Times. 1 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Societe'of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 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 13.043 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in 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 48 of 62 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, I 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. 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. I 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. 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 13.05 Owner May 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 13.07, 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: 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 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. 13.09 Owner May 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 i Contractor from all or part of the Site, take possession of all or part of the Work and suspend 1 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 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 I 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 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 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 Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review ofApplications: 1. 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 � p q ty q tY performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or i 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 j 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 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.B.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. 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 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. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.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.1 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 i 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 i 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 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 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 ichanges from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. l 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 i 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 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 Partial 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: 1. 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 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 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. 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. 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 I 14.07 Final Payment A. Application for Payment: 1. 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 i 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 Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final i inspection, and Engineer's review of the final Application for Payment and accompanying 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 i 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. Payment Becomes Due: 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 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 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. 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 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. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any 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. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 1. 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 I Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: I 1. 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 Iconversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner Ihas paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. IC. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price I 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, I 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 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. lD. 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 J 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 Iliability. IEJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 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 Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May 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): 1. 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. 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 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 terms as provided in Paragraph 15.03. B. In lieu of terminating 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 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 party 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: 1. 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, i such day will be omitted from the computation. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 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 1 l 1 I Supplementary Conditions to the General Conditions From Montana Public Works Standard Specifications Sixth Edition Dated April, 2010 , I I I I I 1 l I I 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 I1.O1.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—6'h 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 11.01.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.B and replace with Special Provisions. Section 00810—6 h Edition Supplementary Conditions to the General Conditions Page 2 of 12 ZI 30£ 35rd suoq!puoD ltuouag oqj of suopipuoj kimuauzaiddnS u0111pg M9—01800 uonoas pogpiao jo siopuiq glim `aoun.insui jo sajnoTjTliao pun pouirigo uaaq snit aounansui cans ITlun Iu3umii?V sigl iopun xiom aouatutuoo IOU Iings .iolonaluoD �uatuaai�V sigl .iapun suoTln.iodo palaldtuoo pun suoTln.iodo tuo.ij asizn XLw goTgm a2uwup Siiodo.id Jo `kinfui Xllpoq .ioj swiPlo tuoij sooSoldtua pun slu02n .iiagI pun .i33ui2ug aqj pun aaum0 aqI `sioloriIuoogns jo slon snoT.inain aql `.iolon.iluoD oql loalo.id llim Sr `IA `-V Jo «3uiing Isog 'W-V„ tuntuiuiw tll!m `nunjuoW jo alms oql uT aoun.insui olrim of paziaoi Inn (saTuudwoo .zo) Xundtuoo aoun.insui up tuoij aoun.insui dons uipluim pun ainoos Iings .zolon.iluoD `.iolon.iluoD ;)ql jo s3ilipgvi.I io suopn2ilgo .iaglo atll jo Xun 2up wil �noq�T , V•ZO•S gduiSn.md 3o pua oqj of 2uimollo3 aql ppV S2HMISMII (INV S21IZa2Hf1S QHSNIHaPI Z0'S -as ••••••••••spodaz asogj XJ!IUapT suoisino id InToadS 3q L :sSiam a puti sa.roday •V :smolloj su pna.i oI V tldn.i2n.ind jo xmojuos ls.iij aqj oftugD HZIS IV NOIIIUN03 'IVJLN21WN HOIAAIH SfIO(IHVZVH - 90T- DS •njnp jo uoTlntuiojuT dons jo ssoualaldtuoo jo Xoninoon oqj.ioj olgTsuodsai lou air aaauigug pun .iaum0 `dons sn pun `uopn.ioldxo plan Inogjim sapTlTonj oqj jo s.ioumo oqj tuoi3 pouTpjgo nlnp pun uoilntuaojui uo pasnq sT sapTiTonj punoAiopun Rupsm of podsai glTm sluatunooQ Ion.ijuoD aqj uT paanorpuT 10 umogs uoTIntu.i0JUT aqd, •sapilTonj punoi2.iapun dons jo s.ioumo atll Mim NJOAk atll aanuTpi000 pun saTIi.ITonj punoi2.iapun jo s.ioumo iin Xjpou `109-t-69 VDW oI 2uTp.'noon Iings iolon.iluo:) oql `uoiannnoxa Xun 2uiuui2oq a.zojaq sXvp ssouisnq 01 uugl aiotu IOU Inq Z iseal IV £ •Z•V•t,0•t,gdni2nznd.101Jn XjojuipatutuT gdn.i2n.ind mou 2uTmollo3 oql ppV SdIZIZIaV3 QNfj0 HO2HH(jNf1 - 170'b - DS •pamolloj 1ou aan £0-t gdn.iBn.md siill jo sainp000.id jT suoTITpuoo Inois.fgd .io aonjinsgns i?ur.iaJJrp .ioJ pilnn oq IITm (souoIsoj!W io) satup Ion.iluoo .io aoiid Ion.ijuoo oqj ui juatulsnfpn up JOJ taTnlo ON •anogn palms sn aonjinsgns aqI 2uiq.inlsTp aiojaq pun Xianoosip Jo sXnp sI Ulgllm suopTpuoo Inois,fgd jo omjjnsgns guiiajjip Inoqu fuiliim ui Iaauifug pun .iaump XJpou oI JOIon.IluoD •V•£0•I, sgdn.i2n.ind jo pua oqI of i?uimollo3 aqI ppV SNOLLIGNOD 'IV3ISAHd HO HDVAHflSSfHS 9NIH2133IQ - COT—DS 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 WV Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810—6 h 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 F 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. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810—6 h Edition Supplementary Conditions to the General Conditions Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.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—6`h 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 b 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'h Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION r Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F 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—6`'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 PROJECT 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 rat 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`b 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 11.03.13.1 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.1.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—6`h 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—6 h 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—6`h Edition Supplementary Conditions to the General Conditions Page 12 of 12 Funding Agency Special Provisions for Montana Public Facility Projects Section 00900 July 2016 SECTION 00900 FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS This section supplements Division 0 of the Montana Public Works Standard Specifications, Sixth Edition, dated April, 2010. Included herein are supplemental general conditions that are required by Montana public facility funding programs or agencies listed in 1.1 below but are not included in the Montana Public Works Standard Specifications, Division 0. ARTICLE 1. SPECIAL PROVISIONS 1.1 FUNDING AGENCIES This project is being funded with funds from one or more of the following public facility funding programs or agencies: Renewable Resource Grant and Loan Program (RRGL) 1 Treasure State Endowment Program (TSEP) United States Department of Agriculture Rural Development(USDA/RD) Community Development Block Grant Program (CDBG) Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF) 1.1.1 Applicable Funding Agency Special Provisions j In addition to Section 1.2 below, the following sections also apply as indicated: p Section 1.3(Additional USDA/RD Requirements) Section 1.4(Additional CDBG Requirements) X Section 1.5(Additional SRF Requirements) X Exhibit A (Project Sign Detail) Exhibit B (HUD Form 4010) X Exhibit C (Federal Labor Standards Provisions) Exhibit D (Reserved) X Exhibit E (American Iron and Steel Forms) 1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES The following requirements pertain to all of the funding programs or agencies listed in 1.01 above. If project funding sources include any of the programs or agencies listed, the following general requirements must be met in addition to those required in the Montana Public Works Standard Specifications, Division 0: 1.2.1 Reports, Information,and Access to Records The contractor, at such times and in such form as required by the owner(defined herein as the entity for which the project is being constructed)shall furnish reports pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. The owner and any federal, state or local governmental agency having a valid interest in this project shall be permitted by the contractor to have full access to and the right to examine pertinent documents of the contractor involving transactions related to this contract during the period of the project and for three(3)years from the date of final payment or until all findings have been resolved to the satisfaction of the funding agencies. 1 Section 00900 July 2016 1.2.2 Contractor Eligibility and Certification Regarding Debarment The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to 18-2-432(2), MCA. For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension"(24 CFR 24.505). 1.2.3 Contractor Registration and Worker's Compensation Requirements Title 39, Chapter 9, Parts 1 and 2 MCA stipulate contractor registration requirements for the State of Montana. Pursuant to 39-9-201 MCA, each construction contractor must be registered with the Montana Department of Labor and Industry. In accordance with 39-9-102 MCA, "construction contractor" means a person,firm, or corporation that, in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid for construction. No bid shall be considered that does not carry the bidder's Montana Contractor's Registration Number on the bid form. Registration forms and additional information may be obtained by contacting the Montana Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 8011, Helena, MT 59604-8011, or by calling 406-444- 7734. The contractor must provide certification that workers'compensation insurance will be maintained as required by the Montana Workers'Compensation Act(39-71-101 MCA). 1.2.4 Minimum Wage Requirements Unless superseded by federal law, 18-2-401 MCA and 18-2-402 MCA require that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable for the work being performed, as provided in the current Montana Prevailing Wage Requirements as determined by the Montana Department of Labor and Industry. The current wage determination(s) must be included in the contract documents. If the SRF Loan Program is funding the project in whole or in part, federal and state laws require that each employer pay, as a minimum, prevailing wages for each classification in accordance with the Federal Labor Standards Provisions (Davis-Bacon)(Exhibit C) or Montana Prevailing Wage Requirements, whichever is greater. If the CDBG Program is funding the project in whole or in part, HUD Form 4010-Federal Labor Standards Provisions(Exhibit B) must be included in the contract documents. 1.2.5 Compliance With State and Federal Laws and Regulations All applicable laws, ordinances, rules and regulations of authorities having jurisdiction over construction of the project shall apply to the contract throughout. The contractor must comply with all applicable state and federal occupational disease and health and safety laws and regulations. 1.2.6 Project Sign All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: 2 Section 00900 July 2016 "The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4'X8'X3/" exterior plywood (A-B) and shall be supported by and bolted to two (2) 4"X4" posts with the bottom of the sign at a point at least two (2)feet above the ground line. The project sign shall be maintained in a good condition until project completion. j The sign will be edged, painted and lettered as shown on Exhibit A. The letters shall be approximately three (3) inches in height. I The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. A statement indicating all agencies participating in the financing of the project shall be included on the sign. I The sign shall be subject to agency approval prior to being erected. 1.2.7 Gross Receipts Withholding Requirements Pursuant to Section 15-50-206(2)(3), MCA, the owner is required to withhold one percent(1%) of all payments due the contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%)from payments to subcontractors. 1.2.8 Clean Air and Clean Water Acts, Executive Order 11738 and EPA Regulations: If this Contract exceeds$100,000, Contractor shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act(42 USC 1857(h)); Section 508 of the Clean Water Act(33 USC 1368); Executive Order 11738; and Environmental Protection Agency Regulations(40 CFR Part 15). 1.3 ADDITIONAL SPECIAL PROVISIONS FOR USDA/RD 1.3.1 The following documents shall be attached to and made a condition of the contract documents for any project funded, in whole or in part, by Rural Development: If the bid amount exceeds $10,000, signed Compliance Statement(RD 400-6). Refer to specific equal opportunity requirements set forth in paragraph 18.10 of the General Conditions; If the bid amount exceeds$25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions(AD-1048); and If the bid amount exceeds$100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to paragraph 18.11 of the General Conditions. 1.3.2 Free and Open Competition All procurement transactions will be conducted in a manner that provides maximum free and open competition. Examples of what are considered to be restrictive of competition include but are not limited to.- employment preferences to Montana Bidders or Montana Contractors and Montana residents. 1.3.3 Contractor's Retainage No payments will be made that would deplete the retainage nor place in escrow any funds that are required for retainage or invest the retainage for the benefit of the contractor. 3 Section 00900 July 2016 1.4 ADDITIONAL SPECIAL PROVISIONS FOR CDBG 1.4.1 Equal Employment Opportunity Provisions a. Equal Employment Opportunity(Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (iii)The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv)The contractor will comply with all of the provision of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (v)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (vi) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. b. Title VII of the Civil Rights Act of 1964. Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. c. Section 109 of the Housing and Community Development Act of 1974. "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the 4 Section 00900 July 2016 benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." d. Section 3 of the Housing and Community Development Act of 1968. The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG- assisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. e. Minority Business Enterprise. Under the provisions of Executive Order 11246 contractors on federally- funded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. f. Nondiscrimination Provision in all Public Contracts Pursuant to Section 49-3-207, MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 1.4.2 Uniform Federal Accessibility Standards(UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD". 1.4.3 Certification of Compliance with Federal Clean Air and Water Acts(Applicable to Federally Assisted Construction Contracts and Related Sub-Contracts Exceeding$100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. 1.4.4 Preconstruction Conference After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated. 1.4.5 Contract Pricing The cost plus a percentage of cost method of contracting shall not be used. 5 Section 00900 July 2016 1.5 ADDITIONAL SPECIAL PROVISIONS FOR SRF 1.5.1 Equal Employment Opportunity and Affirmative Action Requirements on Federally Assisted Construction Contracts NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the"Equal Opportunity Clause"and the"Standard Federal Equal Employment Specifications"set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 3.3% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work(whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on page 11). 4. As used in this Notice, and in the contract resulting from this solicitation, the"covered area" is the Billings Economic Area. This notice shall be included in,and shall be a part of,all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part 60-1.4(b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts.The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause,whether or not it is physically incorporated in such contracts. In addition to the clause described above, all federal contracting officers,all applicants, and all non-construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of$10,000 to be performed in geographical areas designated by the 6 Section 00900 July 2016 Director pursuant to§60-4.6 of this part and in construction subcontracts in excess of$10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS(EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority"includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic(all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a)through (p)of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 7 Section 00900 July 2016 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under(7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site.A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 8 Section 00900 July 2016 h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or I anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment I source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(7)(a)through (p). The efforts of a contractor association,joint contractor- union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under(7)(a)through (p)of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority ` groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). 9 Section 00900 July 2016 10. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status(e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 10 1 I C CO O O a) O IO N a. T E Q U m `� M E 1 r w a a) _ ttoo� rJ i U zt= D I Q? � N Q U Rj Ltd O a NaIt0 "a a) LU0 m o .M ow ❑ XU m, co � °O � w coo � p � mm > o o moo m D z ci w n W C) ❑ o � W c i o CL z (D Q ca O o Q o Oz o v) O z CL W O U V U 6 MJ m "- I 1 0 w 0 w LL .0 -in L U O E 0 D z z z O ° w O �I O 3 0 Q oU) ` I ww M Cb E J Un CV z w -a ,J 4 y w 3 w Q O - m O zz w Q L N C .4 zy} o a 3 ° -- o rn Z c U N o � o U w E n5 CD — Q g Z Section 00900 July 2016 1.5.2 Guidance for Participation By Disadvantaged Business (DBE) Enterprises In United States Environmental Protection Agency Programs of 40 CFR 33. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business(DBEs)enterprises primarily through outreach, recruitment,and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities including placing DBEs on solicitation lists and soliciting them whenever they are potential sources; b. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, when the requirements of the work permit,which will encourage participation by DBEs; c. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs; d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2 %MBE's and 3 %WBE's. C. DEFINITIONS 1. Minority Business Enterprise(MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Individuals who certify that they are members of named groups(Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans,Asian-Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). 12 Section 00900 July 2016 (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: (b) Hispanic American(with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American(American Indian, Eskimo,Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China,the Philippines, Vietnam, Korea, Samoa, Guam, the U.S.Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy the third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3)A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making;and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a"useful business function according to custom and practice in the industry."The purpose of this approach is to discourage the use of MBE"fronts"and limit the creation of an artificial supplier and broker marketplace. 2. Women's Business Enterprise(WBE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women,who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Objective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and WBEs, taking into account experience on EPA-funded projects and other comparable projects in the area.A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and WBEs to achieve the fair share objective. 13 Section 00900 July 2016 4. Small Business (SBE). Any business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part 121. 5. Small Business in a Rural Area. A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient.A party receiving SRF financial assistance. 7. Proiect. The work financed through an SRF loan. 8. Bidder.A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/offeror means efforts to attract and utilize SBEs, MBEs, and WBEs (DBEs) primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. a. Include qualified SBEs, MBEs, and WBEs on solicitation lists. (1) Maintain and update a listing of qualified SBEs, MBEs, and WBEs and SBRAs that can be solicited for supplies, construction and/or services. (2) Provide listings to all interested parties who requested copies of the bidding or proposing documents. (3) Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. (4) Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA-Office of Small and Disadvantaged Business Utilization (OSDBU)and the Department of Transportation. (5) Have the State environmental agency personnel review this solicitation list. b. Ensure that SBEs, MBEs, and WBEs are solicited. (1) Conduct meetings, conferences, and follow-ups with SBEs, MBEs,WBEs, and SBRAs, small, minority and/or women's business associations, minority media, etc.,to inform these groups of opportunities to provide supplies, services, and construction. (2) MBE utilization is facilitated if the recipient or prime contractor advertises through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (3) Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs,WBEs, and SBRAs. (4) Provide bidders and offerors with listings of qualified SBEs, MBEs, WBEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. (5) Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. 14 Section 00900 July 2016 (6) Provide interested SBEs, MBEs,WBEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (7) Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. (8) Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. c. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, where requirements of the work permit,which will encourage participation by SBEs, MBEs, WBEs and SBRAs. (1) Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. (2) Develop realistic delivery schedules which may provide for greater SBE, MBE,WBE or SBRA participation. (3)Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date d. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs,WBEs and SBRAs. (1) Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs. (2) Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs,WBEs and SBRAs. (3)Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs,WBEs and SBRAs maximum participation. (4) Encourage contracting with a consortium of SBEs, MBEs,WBEs, and SBRAs when a contract is too large for one of these firms to handle individually e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. (1) Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', WBEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. (2) Seek out Minority Business Development Centers(MBDCs)to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. f. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs a. through e. of this section. D. ADDITIONAL CONTRACT PROVISIONS 1. The prime contractor must pay its subcontractors for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to any termination of a DBE subcontractor for convenience. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor, even if the fair share objectives have already been achieved. 15 Section 00900 July 2016 E. REPORTING 1. Bidders/offerors shall demonstrate compliance with"good faith"efforts in order to be deemed responsible. Efforts could include maintaining phone/mail logs(see attached MBENVBE Subcontractor Solicitation Sheet), submitting proof of DBE solicitation advertisements, completion of the on-line DBE quote request form located at https://app.mdt.mt.gov/dbegt/,etc.. The owner may specify other methods of demonstrating compliance. 2. Documentation of a"good faith"effort should be submitted with the bid, or within seven (7)calendar days of the bid opening. 16 AFFIDAVIT OF PUBLICATION 352268 2004489 STATE OF MONTANA ) )SS. COP CONSTRUCTION County of Gallatin ) ATTN: CORINNA GERMAN 242 S. 64TH STREET WEST BILLINGS MT 59106 I f being duly sworn, deposes and says; that he/she is legal ad clerk of the Bozeman Daily Chronicle, PUBLIC NOTICE i a newspaper of general circulation, printed and COP Construction LLC re- I published in Bozeman, Gallatin County, Montana; quests quotes from qualified and that the notice here unto annexed MBE/WBE/DBE subcontrac- #104067-FRT ST INTERCEPTO tors and suppliers from all PUBLIC NOTICE COP CONSTRU trades for the construction of has been correctly published in the regular and the "Front Street Interceptor Sanitary Sewer" project for entire issues of every number of said paper for the City of Bozeman. Bid date 1 insertions. is April 7th, 2020 at 2:oo PM. Bids are due by April 6th, •2020 at•5:00 PM. Types of work needed include, but are not limited to: Traffic Control, Trucking, Paving, Concrete Flatwork. Contact Christian Duffus at cduffus@copcon- struction.com or at COP Con- Said notice was published on: struction LLC, 242 S. 64th St 04/01/2020 West, Billings, MT 59106, 406-656-4632 or by fax at 406-655-9286. Plans and specifications are available at online at https://www.copcon- struction.com/plan-room/ or may be obtained at Billings Builders Exchange, Bozeman Plan Exchange, Butte Subscribed and sworn to before me this Builders Exchange, Great 1st day of April 2020 Falls Builders Exchange, He- �1 lena Copy Center and Mis- soula Plans Exchange. COP Construction LLC is an EEO company. 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Q t `> C 0 _ C C Y It o � v ¢_ �� A t c a cn cn 2 D Ln N (N N Ln D M N N N Cl) M L") M M M M M Ln Ln in 0 M M M M M m O M M L") 00 O O LL O co O 0 a) U- co Lei Ili Lei_ LL1 LO OJ Ln M Ln Ln Ln Ln �-' Ln r Ln t t IQ M M m M M M O a, V 00 N N Q M M M M LO M 0M MO M m M N m M MM M M M M O (n 10 N 00 M 10 .o 10 N M M M M M L`7 1" M 0Ln OM ON ON C. 00 O MM M_M MM MM MM MM M M t M In M 00 a_MM MM MM MLM L")M MM Um U r UP UoT Urn UI, tM tM tM tM tM tM Section 00900 July 2016 1.5.3 Certification Regarding Debarment,Suspension and Other Responsibility Matters A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for$25,000 or more. The status of prospective individuals or organizations can be checked at: http://www.sam.gov/ A prospective prime contractor must submit a completed certification (see form on the following page) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. 18 Section 00900 July 2016 SRF Project Number United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment,Suspension,and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State, or local)terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to$10,000 or imprisonment for up to 5 years, or both. Typed Name&Title zed Representative Signature of Authoriz d Representative Date am unable to certify to the above statements. My explanation is attached. 19 Section 00900 July 2016 1.5.4 Prohibition against Listed Violated Facilities A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act(33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act(42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act(42 U.S.C. 1857c-7(d)). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act(33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act(33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. 1.5.5 Discovery of Archaeological and other Historical Items In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. 20 Section 00900 July 2016 (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment. 1.5.6 Williams-Steiger Occupational Safety and Health Act of 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. (2)These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s) , including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910-Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part 1926-Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926-Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5)This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein 21 Section 00900 July 2016 1.5.7 Wage Determination The Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Please refer to EXHIBIT C for Federal Labor Standards Provisions for Federally Assisted Construction Contracts. If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.), you should contact the Labor Standards Bureau Wage and Hour Unit of the Montana Department of Labor and Industry or visit their website: http://dli.mt.gov/ 1.5.8 Access 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator, the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit, examination, excerpts, copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records. 1.5.9 Construction Site Erosion and Sediment Control Measures Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances,the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible,topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems(temporary and permanent systems)will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. 22 Section 00900 July 2016 1.5.10 American Iron and Steel (AIS) Requirements On January 17, 2014, H.R. 3547, "Consolidated Appropriations Act, 2014," (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for"Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act(33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act(42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. The term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L. 113-76) and as further interpreted by applicable EPA guidance (see http://water.epa.gov/grants funding/aisreguirement.cfm). AIS CERTIFICATION FORMS—The Contractor must ensure that all qualifying iron and steel components used in the project have met the AIS requirements. To verify AIS compliance, the Contractor must obtain a "Manufacturer Certification" form (or equivalent statement)from the product manufacturer. Upon completion of the project, the Contractor shall provide the Owner with the"Contractor Certification"form and copies of all "Manufacturer Certification"forms and/or statements. The referenced certification forms are located in Exhibit E of Section 00900. AIS WAIVERS-A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. NATIONAL AIS WAIVERS -The EPA has issued the following national waivers; 1) De Minimis (April 15, 2014); 2) Product Waiver for Pig Iron and Direct Reduced Iron (February 18, 2015); 3) Minor Components in Iron and Steel Products (October 27, 2015); and 4) One-Year Extension of Stainless Steel Nuts and Bolts used in Pipe Couplings, Restraints, Joints, Flanges and Saddles(February 22, 2016). 1.6 Exhibits 23 Section 00900 July 2016 EXHIBIT A (Required for All Projects) Project Sign Detail f ;T : C: ! _ ' M .0 w U Z a 1 a QZ � cn T O C od ' DMZ U �C o XCL Z ' Qoa. > W m Ozwu Q > Jao a 1 D Im J wW0� CL W o�W 1 fyao(j)a Zoo • • w C)ww • a 0 0:0 w WOW • 1 ' aLL (L0 N � ' ' QO m ' • m • • Wa _m a_ w goo 0 • LU H w0.LL t� i, • a co � � ' C: a • C C: oa a O w a� c ow J Y U m U Lr YW W?X N m v <m w J EXHIBIT B (Required for CDBG Projects) HUD Form 4010-Federal Labor Standards Provisions EXHIBIT C (Required for SRF Projects) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Title 29, Chapter I, Part 5, Subpart A(29 CFR 5.5) Section Name: Contract provisions and related matters. (a)The Recipient shall assure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the applicable FY appropriation requirements, the following clauses: (1) Minimum wages. (i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii) (B) or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the(Agency or SRF program) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g.,the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5(a)(3)(ii)of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic(including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of this section available for inspection, copying, or transcription by authorized representatives of the loan or grant recipient or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (1) Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10)and such other clauses as the SRF program may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: Debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs(b)(1), (2), (3), and (4)of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a)or 4.6 of part 4 of this title.As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1)of this section. (3) Withholding for unpaid wages and liquidated damages. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2)of this section. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security number,correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the loan or grant recipient and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. hftp://www.dol.gov/dol/allcfr/ESA/Title 29/Part 5/29CFR5.5.htm i i C I i I 4 I 9 EXHIBIT D (Required for SRF Projects) Reserved EXHIBIT E American Iron and Steel (AIS) Forms CONTRACTOR CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, "Consolidated Appropriations Act, 2014," (Public Law 113-76, Section 436)was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for"Use of American Iron and Steel," in Sec. 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act(33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act(42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. As the general contractor for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of do hereby certify that all materials and supplies used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name DEQ Loan Project Number Authorized Signature Date Title Print Name MANUFACTURER CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, "Consolidated Appropriations Act, 2014," (Public Law 113-76, Section 436)was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for"Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act(33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. This certification applies to the following specific iron and steel products to be incorporated into this project: Manufacturer Name: Material/Product Description: Location of factory where these products will be manufactured: As a manufacturer for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of , do hereby certify that all qualifying iron and steel products purchased for or used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name DEQ Loan Project Number Authorized Signature , Date Title Print Name . I f f l . 4 f I l I Montana Prevailing Wage Rates { t f f MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2020 Effective: January 2, 2020 Steve Bullock, Governor State of Montana Galen Hollenbaugh, 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 406-444-6543 The department 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 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.mtwaciehourbopa.com or by contacting the department at(406)444-6543. 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 department at(406)444-6543. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy Construction ................................................................................................................ 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK, AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 .........................................................................................................I................... 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORS GROUP 3 ............................................................................................................................ 8 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERS GROUP 3 ............................................................................................................................ 10 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 DRYWALLAPPLICATORS ............................................................................................................................... 11 HEATING AND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ........................................................................... 12 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ............................................................................................ 14 SHEETMETAL WORKERS ........................................................................................................................... 14 SOLAR PHOTVOLTAIC INSTALLERS ................................................................................................................................ 14 TRUCKDRIVERS .................................................................................................................................................................. 15 2 A.Date of Publication January 2,2020 B.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction. ' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities(other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredgingprojects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators(other than building), irrigation projects,jetties, kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries(other than buildings),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers(sanitary, storm, etc), shoreline maintenance, ski tows, storage tanks, swimmingpools(outdoor), subways(other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts(other than highway), water mains, waterway construction, water supply lines(not incidental to building), water and sewage treatment plants(other than buildings) and wells." C.Definition of Public Works Contract Section 18-2-40 1(1 1)(a),MCA defines"public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...... D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at(406)444-6543. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." IF.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: 11 (1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The Iadjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the f contractor and any subcontractors and not the contracting agency." I 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amotint of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor;or (c)make payments using any combination of methods set forth in subsections(1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefitfund,plan, orprogram described in subsection (1)(b)mustprovide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. " I 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. A.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I.Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J.Computing Travel Benefits ARM,24.17.103(22),states " 'Travel pay,'also referred to as 'travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " Per diem'typically covers costs associated with board and lodging expenses.Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 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 underpublic works contracts, as provided in thispart, shallpost in aprominent and accessible site on the project or staging area, not later that the first day of work and continzting for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the enployees. " N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heai�,construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes stru.htm Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $33.17 $30.88 All Districts 0-120 mi. free zone Duties Include: >120 mi. federal mileage rate/mi. Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, Special Provision: pressure vessels and penstocks. Bulk storage tanks Travel is paid only at the beginning and end of the job. and bolted steel tanks. Per Diem: All Districts 0-70 mi.free zone >70-120 mi. $65.00/day >120 mi. $80.00/day T Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $33.68 $14.89 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day T Back to Table of Contents CARPENTERS i Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi.free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents I 6 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $22.85 $12.64 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. j Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $27.91 $13.55 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. r Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $28.70 $13.55 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 j Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $29.45 $13.55 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. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $30.45 $13.55 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\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $31.45 $13.55 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. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $32.45 $13.55 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). T Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $33.45 $13.55 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, 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. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $23.08 $10.94 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. >60 mi. base pay+$4.85/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $25.90 $10.94 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+ $4.85/hr. General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. T Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $26.04 $10.94 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+ $4.85/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $26.76 $10.94 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+ $4.85/hr. Hod Carrier'; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller& Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $41.23 $16.88 0-30 mi.free zone Diving $82.46 $16.88 >30-60 mi. base pay+$4.00/hr. >60 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. T Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $40.23 $16.88 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+ $6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. I Back to Table of Contents DRYWALL APPLICATORS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi.free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $34.08 $14.56 District 4 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day r Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $30.09 $18.83 0-50 mi.free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $70/day j Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $37.77 $19.87 0-30 mi. free zone >30-40 mi. $25.00/day Duties Include: >40-50 mi. $35.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $45.00/day >60 mi. $60.00/day plus • $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $90.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. T Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $28.00 $26.40 0-45 mi.free zone >45-60 mi. $45.00/day Duties Include: >60-100 mi. $70.00/day Structural steel erection; assemble prefabricated metal >100 mi. $90.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; Special Provision: handrail fabrication and ornamental steel. When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. T Back to Table of Contents LINE CONSTRUCTION— EQUIPMENT OPERATORS Wage Benefit Travel: $35.04 $16.45 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Travel: $27.36 $15.60 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION — LINEMAN Wage Benefit Travel: $45.74 $17.60 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $34.00 $13.57 0-30 mi.free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit Travel: $25.00 $0.00 No travel or per diem established. T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. Duties Include: >60 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. T Back to Table of Contents 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $36.46 $18.71 0-70 free zone >70 mi. Duties Include: ■ On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may ■ On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. T Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $30.09 $18.83 0-50 mi. free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $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 $70.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. T Back to Table of Contents SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit Travel: $34.08 $14.91 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi.federal mileage rate/mi. >60 mi. $75.00/day T Back to Table of Contents 14 TRUCK DRIVERS Pilot Car Driver Zone Pay: No Rate Established All Districts 0-30 mi.free zone Wage Benefit >30-60 mi. base pay+ $3.05/hr. Truck Driver $31.28 $9.37 >60 mi. base pay+ .$4.85/hr. Group 2: Special Provision: Combination Truck and Concrete Mixer and Transit Zone pay only applies to the Truck Driver Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; classification. No zone pay was established for Dump Trucks and similar equipment; Dumpster; Flat Pilot Car Driver. 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. 15 Federal Davis-Bacon Prevailing Wage Rates "General Decision Number: MT20200075 01/03/2020 Superseded General Decision Number: MT20190075 State: Montana Construction Type: Heavy Counties: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Meagher, Powell, Silver Bow and Yellowstone National Park Counties in Montana. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 BRMT0001-004 06/01/2018 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 28.71 14.79 ---------------------------------------------------------------- BRMT0005-002 06/01/2018 GALLATIN COUNTY Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 28.71 14.79 ---------------------------------------------------------------- BRMT0006-005 06/01/2018 BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL PARK COUNTIES Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 28.71 14.79 ---------------------------------------------------------------- ELECO044-003 06/01/2018 Rates Fringes LINE CONSTRUCTION (1) Lineman. . . . . . . . . . . . . . . . .$ 45.74 4.75%+13.26 ---------------------------------------------------------------- ELECO233-018 06/01/2019 BEAVERHEAD, DEER LODGE, GRANITE, 3EFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 31.10 15.16 ---------------------------------------------------------------- ELECO233-020 06/01/2019 BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 32.00 14.54 ---------------------------------------------------------------- ELEC0322-003 06/01/2017 YELLOWSTONE NATIONAL PARK Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 29.59 14.13 ---------------------------------------------------------------- ENGI0400-009 05/01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (Zone 1) (1) A-frame truck Crane, oiler (except crane). . . . . . .$ 23.47 10.40 (2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction) . . . . . . . . . . . . . . . . .$ 23.94 10.40 (3) Mechanic, Scraper. . . . . . .$ 24.34 10.40 (4) Cranes, 25 tons - 44 tons. . . . . . . . . . . . . . . . . . . . . . . .$ 27.00 11.40 (5) Cranes, 45 tons to and incl. 74 tons. . . . . . . . . . . . . . .$ 28.00 11.40 (6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All) . . . . . . . . . . . . . . .$ 29.00 11.40 (7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all) . . .$ 30.00 11.40 ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50 ---------------------------------------------------------------- * IRON0732-018 06/01/2019 Rates Fringes IRONWORKER: Reinforcing and Structural. . . . . . . . . . . . . . . . . . . . . . .$ 28.24 22.76 ---------------------------------------------------------------- LAB01686-011 05/01/2019 Rates Fringes LABORER (2) Mason Tender. . . . . . . . . . . .$ 25.90 10.89 (3) Pipelayer. . . . . . . . . . . . . . .$ 26.04 10.89 ZONE DEFINITIONS FOR LABORERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following listed town to the center of the job: Billings, Bozeman, Butte, Helena, Great Falls, Missoula, Kalispell TRAVEL ZONES: ZONE 1: 0 to 30 miles, Base Pay ZONE 2: 30-60, add $3.05 to Base Pay ZONE 3: Over 60 miles, add $4.85 to Base Pay ---------------------------------------------------------------- SUMT2011-051 02/08/2011 Rates Fringes CARPENTER (Form Work Only) . . . . . . .$ 24.30 7.80 CARPENTER, Excludes Form Work. . . .$ 21.13 7.00 LABORER: Common or General. . . . . .$ 18.11 5.90 LABORER: Landscape and Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 15.14 1.30 OPERATOR: Backhoe. . . . . . . . . . . . . . .$ 24.16 8.05 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 21.99 8.55 OPERATOR: Excavator. . . . . . . . . . . . .$ 23.12 7.81 OPERATOR: Grader/Blade. . . . . . . . . .$ 24.69 8.40 OPERATOR: Loader (Front End) . . . .$ 24.20 7.84 TRUCK DRIVER: Dump Truck. . . . . . . .$ 18.84 5.92 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION D. SPECIAL PROVISIONS SPECIAL PROVISIONS ` Contents: 1. SCOPE OF WORK 19. WARRANTY 2. PROJECT MEETINGS 20. CONTRACT DOCUMENT 3. RAILROAD LICENSES AND DISCREPANCIES REQUIREMENTS 21. SITE CLEANUP 4. UTILITIES AND BARRIERS 22. TEMPORARY UTILITIES 5. REPAIR AND REPLACEMENT QUALITY 23. GEOTECHNICAL 6. GENERAL CONSTRUCTION CONDITIONS REQUIREMENTS 24. DIVISION 11 "OR EQUAL" 7. ENGINEERING INTERPRETATIONS PROCEDURES 8. REJECTED WORK 25. UNSCHEDULED 9. QUALITY CONTROL EMPLOYMENT OF 10. CONSTRUCTION SURVEYS ENGINEERING SERVICES 11. FIELD ENGINEERING 26. COMMISSIONING 12. SANITARY SEWER AND WATER 27. STARTUP/EXISTING SERVICE INTERUPTIONS SYSTEM ABANDONMENT 13. REGULAR HOURS AND WEATHER 28. ACCESS & TRAFFIC DAYS CONTROL REQUIREMENTS 14. MATERIAL SOURCES & EXCESS 29. WINTERIZATION MATERIAL 30. MPWSS DEFINED 15. ENVIRONMENTAL PROTECTION 31. PROPERTY 16. WEED CONTROL PINS/MONUMENTS 17. PERMITS AND REGULATORY 32. NOISE IMPACT REQUIREMENTS 33. MEASUREMENT AND 18. EXCAVATION DEWATERING PAYMENT/BASIS OF BID i 1. SCOPE OF WORK The work can generally be described as follows: • Construction of approximately 7,820 feet of new gravity sanitary sewer main. • Two Jack and Bores. • All other work as described in the Contract Documents. 2. PROJECT MEETINGS 1 Pre-Construction Conference. After the Contract has been awarded, but before the start of construction, a pre-construction conference will be held at a time and place mutually agreed to by CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 1 i the parties. The conference shall be attended b the following: the Contractor and his p Y g superintendent; the principal subcontractors; representatives of principal suppliers and manufacturers, as appropriate; the Engineer and his construction observer; representatives of the Owner, and others as appropriate. Unless previously submitted,the Contractor shall bring the following submittals to the conference: list of proposed Subcontractors; proposed construction schedule; schedule for submitting shop drawings and other submittals; schedule procurement dates; construction technique submittal forms (as applicable);preliminary payment schedule; and tentative schedule of values. Work shall not start prior to the Engineer's receipt of these submittals. The Engineer will preside at the conference and will arrange for keeping the minutes and distributing copies of the minutes to all Ipersons attending the meeting. 3. RAILROAD LICENSES AND REQUIREMENTS Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of all Montana Rail Link Pipeline Licenses. The contractor shall secure and pay for Railroad Protective insurance (RRP) as required by the Pipeline Licenses. 4. UTILITIES AND BARRIERS Notification. The Contractor shall contact,in writing, all public and private utility companies that may have utilities that may be encountered during excavation. The notification shall include the following information: • The nature of the work that the Contractor will be performing; • The time, date, and location that the Contractor will be performing work that may conflict with the utility; • The nature of the work that the utility will be required to perform such as moving a power pole, supporting a pole or underground cable, etc,; and • Request for field location and identification of utilities. A copy of the letter of notification shall be provided to the Engineer. During the course of construction,the Contractor shall keep the utility companies notified of any change in schedule or nature of work that differs from the original notification. Identification. All utilities that may conflict with the work shall be the Contractor's responsibility lto locate before any excavation is performed. Field markings provided by the utilities shall be preserved by the Contractor until actual excavation commences. All utility locations on the Drawings should be considered approximate, should be verified in the field by the Contractor, and lmay be incomplete. The Contractor shall also be responsible for locating all utilities that are not CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT J 2 E located on the Drawings. The Contractor shall contact the owner(s) of private property to locate private utilities prior commencement of any construction activities on said property. Conflicts with Existing Utilities. Unless specifically excepted on the Plans or elsewhere in these Specifications,where existing utilities are damaged or must be relocated,removed,or temporarily isupported to allow performance of the work, the Contractor shall contact the utility's owner and make all arrangements and pay all costs associated with the repair, relocation, removal or temporary support of the utility. The Contractor shall comply with all requirements of the utility's owner. Striking or damage of known, marked, or exposed utilities will result in no payment for the utility crossing bid item. Barriers. The Contractor shall temporarily remove all fences, barricades, minor structures, and other obstructions that interfere with the prosecution of the work. Removal shall not extend beyond designated construction limits or right-of-way without first obtaining written authorization from the owner of the barrier. Fences and barricades used for the confinement or exclusion of livestock,animals,or persons shall be replaced at the end of each work day to the extent necessary to perform the restrictive intent of the barrier. Unless otherwise directed by the Engineer or indicated on the Drawings, all barriers so removed shall be replaced following the completion of the work to as good or better condition than existed prior to the start of work. The requirement applies to small trees and decorative shrubs as well as fences,barricades, and minor structures. 5. REPAIR AND REPLACEMENT QUALITY General. Items requiring repair or replacement due to damage or removal or otherwise necessitated in the course of pursuance of the work and which are not otherwise specified herein, shall be repaired or replaced to the following levels of quality. Paved and Gravel Roads,Driveways,and Sidewalks. Repair or replacement shall be to a thickness and grade matching the existing condition. See Construction Plans for typical asphalt,gravel, and roadside restoration cross sections. l Water and Sewer Main and Services. Repair or replacement shall be in a manner consistent with the existing condition using materials conforming to the Uniform Plumbing Code, the current 1 editions of the DEQ 1 and DEQ 2 circulars, American Water Works Association Standard 1 Specifications, the requirements of the Montana Department of Environmental Quality, and the requirements of the City of Bozeman. Construction shall also comply with the current edition of the Montana Public Works Standard Specifications. Repair or replacement will not be allowed J CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT l 3 with materials like the existing installation if they do not conform to the above-referenced standards. Electrical, Telephone, Cable TV, Petroleum, and Natural Gas Lines. replacement or Repair shall p be to the standards required by the utility owner and at the utility owner's option may be performed by the utility owner with full cost assessed to the Contractor. Excavating in certain areas may require the stabilization of a nearby power pole. In this event, the Contractor shall coordinate this work directly with the local electric utility according to the above requirements. Damage to Electrical, Telephone, Cable TV, Natural Gas, and Petroleum Lines sustained on private property during construction will not be considered for payment. The Contractor will be responsible for said damages and repairs in accordance to the above requirements. + Fences. All fences adjacent to any work site are to be maintained to the satisfaction of the abutting 1! property owners. The Contractor shall notify the landowners of the need to temporarily remove or relocate fences for access to the work and shall coordinate such activities with the respective I landowners in regards to removal,relocation,and restoration of fences prior to commencing work. Any fence removed, damaged, or destroyed during the course of the Contract shall be reinstalled or reconstructed in like kind at no cost to the Owner or the landowner. The cost for this work shall be considered incidental and no additional compensation will be allowed. 6. GENERAL CONSTRUCTION REQUIREMENTS Quality Assurance. The Engineer will monitor the construction of work covered by this section to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or the means to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the l Drawings and Specifications, and laws and regulations applicable to the work. All buried work items shall be installed in the presence of the Engineer or may not be considered for payment. ( Grade and Alignment. The Engineer will provide construction staking as identified on the Plans. l If Contractor deems that this construction staking scope is insufficient to construct the work, Contractor, at their expense, may request additional construction staking. Any re-staking of the provided staking shall be at the Contractor's sole expense. Construction staking & survey must be conducted by or under the direct supervision of a Montana Professional Land Surveyor in accordance with MCA 37-67-101. Tolerances. Construction tolerances for the work shall be as outlined in the Specifications. Construction Limits. Outside of wetlands, construction limits are within existing easements and 1 rights-of-ways. Within Montana Rail Link property, construction limits are a 30' width. 1 CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 4 1 Disturbance and equipment access beyond this limit is not allowed without the written approval of both the Engineer and the owner of the affected property. If so approved, disturbance beyond construction limits shall meet all requirements imposed by the landowner; this includes existing roads used and/or improved as well as the construction of new access roads. Special construction, reclamation, or post-construction road ripping or other closure provisions required by the landowner on access roads beyond the construction limits shall be performed by the Contractor at no additional cost to the Owner. Within wetlands, construction limits are as allowed by the wetland permits previously obtained. This is generally described as the limits of fill required for the 12' all-weather access, or approximately 14' wide. Wetland fill extents will be staked out by the Engineer. i Areas of Disturbance. Approved areas of disturbance are those areas disturbed by construction activities within the construction limits and along designated or approved access routes. Such areas shall be fine graded to blend with the existing terrain. Other areas that are disturbed by the Contractor's activities outside the limits noted above will be considered as site damage or I unapproved areas of disturbance subject to the repair and replacement quality as specified herein. Such areas will also require the reclamation operations noted above and as specified herein, but costs of such work shall be borne by the Contractor.This includes areas selected by the Contractor outside the defined construction limits for mobilization, offices, equipment, or material storage. 7. ENGINEERING INTERPRETATIONS EEngineering Decisions. It is realized that timely engineering decisions on construction activities or results have an important bearing on the Contractor's schedule. On this project, the Engineer will make every effort to have a Project Inspector readily available to the project during the construction schedule, who has the authority to make judgment calls on matters dealing with interpretation of the plans and specifications,with one qualification: that he shall have the right to take twenty-four(24)hours to confer with other Engineers before giving said decision. When the decision affects a plan design or specification change, it should be realized that more time may be required than twenty-four(24)hours to gain the necessary Owner and funding source participation in the decision process including time for formal change order preparation as required. ! 8. REJECTED WORK ` Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration on the warranty periods shall be removed and replaced by work which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on Contractor's submittals CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 5 shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work that does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials or equipment. This includes work completed during non-working hours as specified in section 25 of the Special Provisions. The Owner will then promptly provide the Contractor with the list of defective work and nonconforming materials or equipment. I 9. QUALITY CONTROL M, Scope. All work will be tested and inspected to insure compliance with the Contract Documents. Complete payment will not be made until the Contractor has demonstrated that the work is complete and will perform as required. Performance of Tests and Inspections. The Contractor, Owner, Engineer, and representatives of funding and regulatory agencies will perform periodic inspections and tests to determine compliance with the Contract Documents. The Contractor shall provide qualified manufacturer's representation during tests of equipment and special procedures as required by the Contract Documents. Notification. The Contractor shall provide the Engineer with a written schedule indicating dates for specific testing and inspection services to be performed. The schedule shall be updated as required to give the Engineer at least a week's advance notice. The Contractor shall notify the f Engineer immediately of any change or shall be subject to pay engineering fees as herein described. 1 Inspection. The Contractor shall inspect the work as it is being performed. Any deviation from 1 the requirements shall be immediately corrected. Prior to any scheduled inspection by the Engineer, the Contractor shall again inspect the work and certify to the Engineer that he has inspected the work and it meets the requirements of the Contract Documents. The Engineer's representative will observe work and compare the quality of the work with the requirements of the Contract Documents. Any discrepancies noted shall be brought to the I' Contractor's attention, who shall immediately correct the discrepancy. Failure of the Engineer to detect a discrepancy will not relieve the Contractor of his ultimate responsibility to perform the work as required. Should the Engineer incur additional costs to make additional observation as a result of unacceptable work, the Contractor shall reimburse the Owner for additional engineering fees at I the Engineer's rates at the time. Observation by the Engineer's representative shall not be considered as authorization to proceed with the work. Work progress and the performance of CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 6 i V i I quality work are the Contractor's responsibility. The Engineer's observation is for the purpose of determining what work will be paid for and what work will not be paid for. If the Engineer detects l a discrepancy between the work and the requirement of the Contract Documents at any time,up to ` and including final inspection, such work will not be completely paid for until the Contractor has corrected the deficiency. The work will be subject to review by the Owner and funding agency representatives whose findings shall be as valid as those of the Engineer. The results of all such observations shall be directed to the Contractor through the Engineer. Equipment and System Tests. Testing will be performed by the Engineer and Contractor as V indicated in the Contract Documents. The Contractor shall provide equipment,materials,supplies, manufacturer's representation, and incidentals necessary to perform certain tests on completed I work as indicated by the Contract Documents as their responsibility. Additionally,the Contractor to pay for any Engineer's retests required due to failing test results. For Contractor performed tests, the Contractor shall notify the Engineer, in advance, when, where, and on what portion of the work a test will be performed and shall perform the test in the presence of the Engineer. The Engineer's presence during the test will not relieve the Contractor of his responsibility to provide equipment and systems meeting all the requirements of the Contract Documents and to warrant the work as required. Should any tests performed in the presence of the Engineer fail to meet the requirements of the Contract Documents or should the Contractor fail to provide adequate notice of a change in scheduling tests, the Contractor shall reimburse the Owner for additional resultant engineering fees. 10. CONSTRUCTION SURVEYS Construction staking&survey must be conducted by or under the direct supervision of a registered Montana Professional Land Surveyor in accordance with MCA 37-67-101. 11. FIELD ENGINEERING Engineering Services Provided by the Owner. The Owner shall provide the following engineering i services at no cost to the Contractor except as required for certain tests and retests as defined in the Contract Documents. • Review of submittals and shop drawings as defined in the Specifications. • Periodic inspections by the Engineer and its representative(s)as deemed appropriate by the Owner and Engineer. CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 7 i C Independent Services Provided by the Contractor. The Contractor shall provide the following services at no additional cost to the Owner. • Preparation and certification of all required shop drawings and submittals. • Performance of certain tests as required by the Contract Documents. • Maintenance of project drawings, accurately marked up with changes. • Design of all temporary construction falsework, bracing, shoring, support, or other ! structural work necessary for the permanence of the work. En ing eering Services Paid for by the Contractor. The Contractor is advised that certain I engineering services required by the Contract Documents will be performed by the Engineer and paid for by the Contractor. In general, these services include retests by the Engineer of tests that have failed,repeated review of submittals and shop drawings that have not been approved, and other services that are within the Contractor's control to avoid. Specific determination of chargeable engineering services can be found under individual sections of the Specifications. Payment of engineering services shall be made by invoice to the Contractor or deducted from partial payments,whichever is necessary. 12. SANITARY SEWER AND WATER SERVICE INTERUPTIONS Any interruption of residential sewer or water services will be limited to a duration 8-hours unless written approval is issued by the Engineer. No interruption of water and sewer service is allowed for businesses unless written permission from the business is obtained. The Engineer shall be notified a minimum of 48-hours in advance of any permitted sewer or water service interruption. 13. REGULAR HOURS AND WEATHER DAYS Regular Hours. The regular work week shall consist of five working days,Monday through Friday with regular working hours of 7:00 a.m. to 5:00 p.m. unless otherwise approved by Engineer. Written requests to perform any work outside of the regular work week or normal working hours I must be delivered to the Owner and Engineer no less than 48 hours prior to the planned start of the extra work or deviation from normal work schedule. If the Engineer is retained as a Sub-Contractor, the sub-contracted hours completed by the ` Engineer will follow the specified schedule above. Additional hours worked which exceed the outline schedule above, by either sub-contracted work of the Engineer or inspection by the Engineer of work completed by Contractor, will be deemed Unscheduled Employment of CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 8 Engineering Services. Payment for Unscheduled Employment of Engineering Services will be assessed the overtime rate and paid by the Contractor,refer to Section 25 of the Special Provisions. Weather Days. In the event inclement weather or the aftermath of inclement weather prevents the Contractor from performing the sequence of operations that should be in progress at that time for a minimum of 60% of the normal daily schedule being worked, he may request a time credit for that day. No credit for inclement weather will be allowed on non-working days(Saturday, Sunday, and Holidays). Determination of the number of credit days will be made between the Contractor and the Engineer Y g at the end of each calendar month. 14. MATERIAL SOURCES &EXCESS MATERIAL Material sources to be secured by Contractor and are incidental to bid items requiring such material. Excess material to be removed from site and placed in approved location. Removal of material is incidental to bid items requiring such removal. Excess soil spoils left over from pipe installation shall be removed from the project site and disposed of by Contractor at Contractor's expense. I15. ENVIRONMENTAL PROTECTION The Contractor shall comply with all laws and regulations of the United States Corps of Engineers and Environmental Protection Agency, Montana Department of Fish, Wildlife and Parks, Department of State Lands, Department of Environmental Quality, the Department of Natural Resources and Conservation, and with all other Federal, State, and Local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with soils, sediments, fuels, oils, ' bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Contractor to pay any fines resulting from their non-compliance with the permits. I The Contractor also agrees to comply with the requirements of all permits obtained for the project by the Owner. The obtained permits include a flood plain permit, an Army Corps of Engineers (ALOE)wetland permit,railroad occupancy permits,and a Montana Department of Transportation f (MDT) Memorandum of Agreement for encroachment permits. Copies of these permits are included in Section G.A wetlands restoration monitoring plan is a condition of the wetlands permit and is pending approval by the ACOE. Montana Department of Environmental Quality and City I of Bozeman approvals are in progress. A construction Dewatering Discharge Permit,issued by the Department of Environmental Quality, is required if water from construction is discharged to state waters. The Department of CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 9 f P Environmental Quality must be contacted immediately if either contaminated soil or contaminated 1 groundwater is encountered. The Contractor shall be responsible for creating and submitting a storm water pollution prevention plan (SWPPP) and obtaining a storm water discharge permit from the Montana Department of Environment Quality if required. The cost of any erosion control measures or other work required by the permit shall be included in the bid and are considered incidental to the project. The Contractor shall maintain the permit, in force, and maintain all necessary correspondence and fee payment(s) until the agency approves its closeout. Contractor shall also obtain all required stormwater permits from the City of Bozeman. The existing sanitary sewer is asbestos-cement(AC) pipe. All AC pipe that is encountered and disturbed during construction to be removed and must be handled and disposed of according to Montana Department of Environmental Quality guidelines and any other applicable regulatory agency laws, codes, or guidelines. The Contractor shall be responsible for obtaining any required permits for the handling and/or disposal of AC pipe. 16. WEED CONTROL Prior to mobilizing equipment to the project site, the Contractor shall clean his equipment and vehicles to assure no weeds are imported to the project sites. 17. PERMITS AND REGULATORY REQUIREMENTS Jurisdiction. The performance of this work shall be under the jurisdiction of the following agencies, departments, and standards and compliance with the requirements thereof is required: Federal Level: United States Law State Level:Department of Environmental Quality;Department of Fish,Wildlife&Parks; Montana Department of Transportation; Montana Building Code Division; Uniform P Building Code; Uniform Plumbing Code; Uniform Mechanical Code; National Electric I Code; State annotations to these codes; and Montana State Law. Local Level: City of Bozeman Contractor's Res onsibilit . The Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to the performance of the work on the project. The Contractor shall secure and Y a for all permits, licenses and fees necessary for the P Y performance of the work. CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR i SANITARY SEWER MAIN REPLACEMENT l 10 1 The Contractor shall perform all work in accordance with the regulatory requirements. Any conflict between the Contract Documents and the regulatory requirements shall be brought to the immediate attention of the Engineer. 18. EXCAVATION DEWATERING The Contractor shall,at his option,either minimize the infiltration of natural water into excavations I and/or remove natural water from excavations as required to facilitate construction of the work. Contractor is advised to consult with the project geotechnical engineer and geotechnical report included with these documents to help him evaluate potential dewatering requirements and seasonal construction timing. All required permits for dewatering shall be obtained and managed by the Contractor. I19. WARRANTY Where not specified,the Contractor shall warranty all materials and equipment furnished and work I performed for a period of two(2)years from the date of final acceptance. The Contractor warrants and guarantees for a period of two (2) years from the date of final acceptance of the project that the project is free of all defects due to faulty material or workmanship and the Contractor shall promptly make such corrections as necessary by reason of such defects including repair or damage to other parts of the project resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event the contractor should fail to make such repairs, I adjustments,or other work that may be made necessary by such defects,the Owner may repair the defects and charge the Contractor the cost thereby incurred. The performance bond shall remain in full force for a period of two (2)years after final acceptance. I J 20. CONTRACT DOCUMENT DISCREPANCIES In the event that a provision of the Contract Documents conflicts with any other provision the Contract Documents, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: I • Agreement Addenda to Contract Documents o Proposal (Bid) o Bid Security ® Special Provisions I • Invitation to Bid I • Instructions to Bidders • Drawings (Plans) • Technical Specifications • MPWSS CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR f SANITARY SEWER MAIN REPLACEMENT 11 I • City of Bozeman Modifications to MPWSS • Supplementary Conditions • General Conditions i 21. SITE CLEANUP Requirements are specified in MPWSS Section 01700. In addition,before acceptance of the work by the Owner, the Contractor shall remove all of his equipment, tools, and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools, and supplies, the Owner shall have the right to remove them at the Contractor's expense and deduct all resulting costs from the final payment. 22. TEMPORARY UTILITIES Construction and temporary facility requirements are specified in MPWSS Section 01500. In addition, the Contractor shall provide: • all construction equipment and materials, • all dewatering and temporary water equipment as needed, • all bypass pumping facilities necessary to maintain sewer flow during construction, • all access improvements deemed necessary by Contractor but not shown in the Drawings, • all temporary heating, 1 • all safety and environmental protection equipment 1 • field office, • project sign 23. GEOTECHNICAL CONDITIONS lA geotechnical evaluation report for the Site was issued by SK Geotechnical on December 27, 2018. A copy of the report is bound with the Contract Documents. fThis report is made available to the Contractor solely for his information and convenience. The report does not constitute a part of the Contract. Neither the Owner nor the Engineer represents that the geotechnical report shows the complete range of conditions which will be encountered in j the construction of the project. The information furnished in the referenced document represents only the opinion of the Owner and the Engineer as to the character of materials encountered during i field investigations. All surface water and ground water levels indicated in the report refer to levels at the time of the field investigation only. The Owner and the Engineer disclaim responsibility for any opinions, conclusions, interpretations, or deductions that may be expressed or implied in any of the information and CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 1 12 I I data contained in the referenced document, it being expressly understood that the making of deductions interpretations and conclusions is the Contractor's sole responsibility. y 24. DIVISION 11 "OR EQUAL" PROCEDURES ZA. This Section supplements Article 6 of the Standard General Conditions of the Construction Contract paragraph 6.05 for all equipment specified in the Construction Plans and/or the Technical Specifications. B. No substitutions will be considered until after contract award. IC. If a proposed Substitute or"Or-Equal" is approved, the Engineer shall provide Contractor with a separate cost estimate for any required redesign services necessary for incorporating the Substitute or"Or-Equal" equipment into the design drawings. D. For each Substitute or"Or-Equal" equipment item proposed, Contractor shall submit all information described in paragraph 6.05 A.2 of the Standard General Conditions. Contractor shall also submit the following information: • A letter signed by an officer of the equipment supplier on company letterhead attesting to the full and complete compliance with the Specifications without exception. • A separate letter for each equipment item is required. • The appropriate specification number shall be referenced in the letter. The letter(s) shall clearly state that such equipment is approvable by and acceptable to the Montana Department of Environmental Quality (MDEQ). E. In the event Contractor requests the services of Engineer to obtain MDEQ, Funding Agency, Owner, or any other necessary approval of any Substitute or "Or-Equal"equipment item, Contractor shall completely reimburse Engineer on a time and expense basis as specified below. I25. UNSCHEDULED EMPLOYMENT OF ENGINEERING SERVICES A. Liquidated damages for the unscheduled employment of Engineering Services will be assessed against the Contractor necessitated by (1) the Contractor working beyond the specified contract time, (2) the Contractor working additional hours beyond the regular work week set forth in Section 13, (3) the Contractor working on Federal Holidays, (4) the Contractor utilizing material, supplies, or equipment that required the redesign or remspection of the project, (5) the Contractor CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 13 l N destroying or disturbing baselines and benchmarks, (6)the failure of the Contractor to maintain acceptable as-built records, (7) as resulting from the proposal of Substitutes per the "Or-Equal" Technical Specification Section 24, and (8) as otherwise provided in Article 6 of the Standard General Conditions. These unscheduled services are not included with the Liquidated Damages as stated in Section 4.03 of the Agreement. Liquidated damages for the unscheduled employment of Engineering Services shall be determined based on the following hourly rates: Straight Time Overtime Senior Project Engineer $135.00 $202.00 Project Engineer/ Structural Engineer $130.00 $195.00 1 Inspector/Engineer Technician $100.00 $150.00 j Surveyor $126.00 $189.00 Clerical $65.00 $97.00 lB. Additional hours worked which exceed the outline schedule in Section 13 of the Special Provisions will be deemed Unscheduled Employment of Engineering Services and paid by the Contractor at the above-specified overtime rate. Out of pocket expense for materials, equipment, supplies, transportation, lodging, and subsistence for Engineering Services shall be billed at actual cost. Liquidated damages for unscheduled employment of Engineering Services shall be deducted from monthly progress payments and the final payment as the damages are incurred. 26. COMMISSIONING The Contractor and his suppliers are responsible for commissioning. The Owner and Engineer shall be provided at least 48 hours notice of any commissioning activity. During this work phase,the various systems,processes and equipment will be individually tested and demonstrated. All deficiencies will be corrected by Contractor prior to startup. Commissioning activities include all tests, demonstrations, and conditions required by the Specifications and also include,but are not limited to, the following items and conditions: I • Wastewater line testing: Sewer mains and services shall be tested according to MPWSS Section 02730. CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR lSANITARY SEWER MAIN REPLACEMENT i 14 I i • Manhole testing: Manholes shall be tested according to ASTM C1244. • All O&M manuals delivered and on site; • All spare parts, special tools, and consumables delivered and on site. 27. STARTUP/EXISTING SYSTEM ABANDONMENT The system may not be started up until the commissioning is complete. Contractor shall notify Owner and Engineer in writing when commissioning is complete and shall request written ` authorization to proceed to the startup phase. Obtain Engineer's authorization at least 24 hours prior to startup. j Startup will occur immediately after the commissioning phase is complete. The system may be commissioned in sections upon approval by the Engineer as progress is made on the project. The Contractor shall terminate any temporary systems and allow the facility to operate. 4 28. ACCESS & TRAFFIC CONTROL REQUIREMENTS The Contractor shall maintain at least single lane traffic access to streets at all times. Where an J alley is the only means of access to a particular property,the alley must provide full drivable access at the end of each working day unless otherwise approved by the Engineer. The Contractor shall maintain a drivable street surface for the traveling public during construction. Additionally, the Engineer will have the authority to identify a road surface to be drivable or not. If the Engineer deems a roadway to not meet the above specified criteria, Contractor will have 24 hours to address the problem area(s). The Contractor shall not store materials or equipment on existing unimproved land at the construction site. All traffic control signs,materials,and costs are the sole responsibility of the Contractor. 29. WINTERIZATION IThe Contractor shall properly winterize all work as necessary during wintertime work or for winter shutdown if required. Per Montana Department of Transportation, winter shutdown is identified as all calendar days from November 16th through April 15th, inclusive. I30. MPWSS DEFINED lMPWSS means Montana Public Works Standard Specifications Sixth Edition dated April, 2010. The City of Bozeman Modifications and Addenda to the MPWSS are included. CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 15 I 31. PROPERTY PINS/MONUMENTS Contractor shall be responsible for replacement of all damaged or removed property boundary pins/monuments and right-of-way monuments. Known pin/monument locations are shown on the Construction Plans. 32. NOISE IMPACT To minimize construction noise impacts on the local residents, no construction activities will be allowed between the hours of 7:00 p.m. and 7:00 a.m. unless explicitly allowed by the Engineer. This allowance is not authorization of overtime costs. If by-pass pumping is required between 7:00 p.m. and 7:00 a.m., weekends, or holidays, the Contractor shall provide reduced noise equipment,producing no more than 80 dB, to minimize noise impacts to residents. 33. MEASUREMENT AND PAYMENTBASIS OF BID fAll items in these Special Provisions are incidental to the work and no separate payment is made for these items. SCHEDULE OF VALUES. The contract payment shall be by unit price schedule. Items have been quantified in accordance with the Montana Public Works Standard Specifications (MPWSS)where applicable. Where the items are not included in MPWSS or where an alternative quantification is used a brief description of the item and its measurement is provided below. The items below are sorted by item number from the unit price schedule. 101: Mobilization, Insurance, and Bonding [lump sum] j This item includes the cost of Contractor's mobilization of all equipment and f materials to and from the project site along with performance,payment and maintenance bonds. This item also includes Contractor's property and liability insurance. This item will be paid as a percentage of overall project completion. 102: Exploratory Excavation [hour] Per MPWSS 103: Erosion Control [lump sum] J This item is to be paid when the Contractor spends time with labor and machinery towards creation of SWPPP plans, applications, application payments, administration,record keeping,installation/maintenance of control CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT J 16 l structures, etc. in order to meet MDEQ requirements. This item will be paid as a percentage of overall project completion with Twenty percent (20%) of bid 1 item held until Contractor receives Notice of Termination. 104: Traffic Control [lump sum] This item includes all plan preparation,plan approvals,personnel,material, labor, etc to control traffic. Contractor shall minimize street/alley closures when safely possible. This item will be paid as a percentage of overall project completion. 2 105: Trench Dewatering [lump sum] This item consists of providing all dewatering required to complete the work. This item will be paid as a percentage of overall project completion. 106: Bypass Pumping [lump sum] This item is for all bypass pumping necessary to maintain uninterrupted p sanitary sewer flow throughout the project duration. This will cover all labor, ` machinery,parts, etc. needed to bypass the sewer during the project. This item will be paid as a percentage of overall project completion. 107: Water Main Conflict Crossing (Re-Route of Water Main) [lineal foot] This item is for supply of materials and installation necessary for re-routing of water main to pass under the new sanitary sewer main where the minimum of 18 inches of clearance is not otherwise achievable. 108: Water Service Conflict Crossing (Re-Route of Water Service) [lineal foot] This item is for supply of materials and installation necessary for re-routing of water service pipe to pass under the new sanitary sewer main where conflicts require re-routing. 109: Utility Crossings, Conflicts, and Protection [each] ` This item includes all materials, labor, equipment, etc necessary to cross, protect, or relocate utilities during construction of the project. This item does not include vertical realignment of water mains or services covered under Items 107 and 108. ICITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT J 17 l l 110: Culvert Crossings, Conflicts, and Protection [each] This item includes all materials, labor, equipment, etc necessary to cross, protect, or relocate culverts during construction of the project. I 111: Parallel Utility Conflicts and Protection [lineal foot] I This item includes all materials, labor, equipment, etc necessary to protect or I relocate utilities that are parallel and within seven feet of the new sewer main alignment during construction of the project. I112: Asphalt Pavement Restoration [lineal foot] This item is for restoration of asphalt surfaces affected by sanitary sewer construction. For asphalt-paved areas above sewer main installation, this includes the lineal feet of the sewer main under the asphalt unless the centerline of the trench is outside of the asphalt surface. If the centerline of the trench is outside of the asphalt surface,but asphalt must be removed to accommodate the trench, the pavement shall be saw-cut three(3) feet from the edge of pavement. 113: Curb and Gutter Restoration [lineal foot] This item is for restoration of concrete curb and gutter affected by sewer construction. 114: Gravel Surface Restoration [lineal foot] This item is for restoration of gravel surfaces and millings surfaces affected by sanitary sewer construction. Both gravel and millings surfaces are to be restored with gravel surfacing. For gravel-surfaced or millings-surfaced areas above the sewer main installation,this includes the length of the new sewer main under the affected zone. 115: Restoration of Non-Driving Surfaces [lineal foot] This item is for restoration of non-driving surfaces affected by sanitary sewer f construction. For non-driving surfaces above sewer installation, this includes the length of the new sewer main under the affected zone. 116: All-Weather Access Surfaces (Non-Wetland Areas) [square yard] This item is for material supply and installation of a 12-foot wide all-weather access road per the construction plans. The payment area will be calculated by multiplying the 12-foot width by the centerline length of the all-weather access road. Shoulder grading is incidental to this item. J CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 18 i 117: All-Weather Access Surfaces (Wetland Areas) [square yard] This item is for material supply and installation of a 12-foot wide all-weather access road per the construction plans. The payment area will be calculated by V multiplying the 12-foot width by the centerline length of the all-weather access Iroad. Shoulder grading is incidental to this item. 118: Lay Down Curb for Drive Approach (Including Curb Cut) [each] This item is for installation of lay down curb in existing curb lines for all- weather access approaches. 119: 8" SDR35 PVC Sewer Main [lineal foot] Per MPWSS. 120: 18" PS46 ASTM F679 PVC Sewer Main [lineal foot] Per MPWSS. This item also includes materials and construction of pipe b bedding cut-offs. 121: 21"PS46 ASTM F679 PVC Sewer Main [lineal foot] Per MPWSS. This item also includes materials and construction of pipe bedding cut-offs. 122: 24"PS46 ASTM F679 PVC Sewer Main [lineal foot] Per MPWSS. This item also includes materials and construction of pipe bedding cut-offs. 123: Jack and Bore (Including 36" Steel Casing Pipe) [lineal foot] This item is for materials and installation of 36" steel casing pipe via jack and bore. Includes all labor, materials, casing spacers, cathodic protection, etc. Restrained joint carrier pipe will be paid separately under Item 120. 124: Jack and Bore (Including 42" Steel Casing Pipe) [lineal foot] lThis item is for materials and installation of 42" steel casing pipe via jack and bore. Includes all labor,materials, casing spacers, cathodic protection, etc. Restrained joint carrier pipe will be paid separately under Item 121. 125: 60"Basic Sanitary Sewer Manhole [each] Per MPWSS. 1 126: Additional 60" Sanitary Sewer Manhole Depth [vertical foot] ICITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 19 l Per MPWSS. 127: 72"Basic Sanitary Sewer Manhole [each] Per MPWSS. 128: Additional 72" Sanitary Sewer Manhole Depth [vertical foot] Per MPWSS. 129: Type 2 Pipe Bedding [cubic yard] Per MPWSS. 130: Flowable Fill [cubic yard] Per MPWSS. 131: Connect to Existing Manhole [each] This item is for all materials and labor associated with connecting the new 24" sanitary sewer main to the existing manhole in Tamarack Street. 132: 12" Corrugated Metal Pipe (CMP) Culvert [lineal foot] Per MPWSS. 133: Asbestos Cement (AC)Pipe—Removal, Handling, and Disposal [lineal foot] This item is for the removal,handling, and disposal of asbestos cement(AC) pipe encountered during the project. 134: Miscellaneous Work [each] The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction,but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work,measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. CITY OF BOZEMAN SPECIAL PROVISIONS FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT 20 i i i i i i i � E. 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IVNOISS3d0?Jd w� • • •.. S31b'100SS`d'8 EAN33NION3 •, i .- Al Hd1S S�idr�os ~s I GEOTECHNICAL EVALUATION REPORT Proposed Front Street Sewer Interceptor Improvements Bozeman, Montana Project 18-3735G l l Submitted by SKE 2511 Holman Avenue P. O. Box 80190 Billings, Montana 59108-0910 Prepared for Stahly Engineering and Associates 851 Bridger Drive, Suite 1 Bozeman, Montana 59715 December 27, 2018 2511 Holman Avenue sfcEv P. O. Box 80190 Billings, Montana 59108-0190 p: 406.652.3930; f: 406.652.3944 www.skgeotechnical.com December 27, 2018 Project 18-3735G Mr. Greg Steckler, PE Stahly Engineering and Associates 851 Bridger Drive, Suite 1 Bozeman, Montana 59715 Dear Mr. Steckler: Re: Geotechnical Evaluation, Proposed Front Street Sewer Interceptor Improvements, Bozeman, Montana We have completed the geotechnical evaluation for the proposed sewer improvements for the above- referenced project authorized on August 17,2018. The purpose of this evaluation was to assist Stahly Engineering and Associates and other members of the design team in evaluating subsurface soil and groundwater conditions along the proposed sewer main, and in preparing plans and specifications for the proposed project. This evaluation was completed in general accordance with our revised proposal to you dated August 16,2018. Summary of Results A total of eight soil borings were completed along the proposed sewer alignment in Bozeman, Montana. The borings encountered a variable soil profile along the entire proposed alignment ranging from gravels to sands to clays. Gravels were generally more predominant along the west end of the alignment transitioning to sands and clay as the alignment moves east. The gravels are generally stable and the clays and loose sands are generally unstable. Groundwater was encountered in each of the borings at depths ranging from 1 to 15 1/2 feet. Summary of Analysis and Recommendations Variable subsurface soil conditions were encountered along the new sewer main alignment. The soils encountered at pipe invert depth at the boring locations generally ranged from dense gravels to very loose clayey sands to rather soft clays. We anticipate dewatering will be required for the entire pipeline alignment. Provided proper dewatering is performed,we anticipate the gravel soils will be suitable for Type 1 bedding and pipe support. Type 2 bedding will be required for the very loose sands and clays. We estimate up to about 70 percent of the new sewer main will require Type 2 bedding. It is our opinion the on-site soils can be used as backfill above the bedding. However,we wish to point out that these soils will be extremely wet and will require spreading out and drying to achieve a moisture content near optimum. It has been our experience that soils of this nature could take several weeks to dry to a moisture content near optimum. Another alternative is to waste the excavated material and replace it with a 3-inch minus sandy gravel material. This material will likely be easier to compact and reduce settlement of the trench backfill. In the wetland areas,we recommend all of the organic clay topsoil be removed and stockpiled separately from the underlying inorganic soils during excavations. The inorganic soils can then be used as backfill above the bedding. We recommend the trench backfill be placed up to the bottom of the organic clay Stately engineering and Associates December 27,2018 Project 18-373561 _ — — Page 2 topsoil,then replacing the organic clay topsoil with the stockpiled organic materials cxcavated from the trench. The plans indicate three areas of the project will require the use of trenchless installation methods. One under the north railroad crossing from about Station 23+05 to 24+60,one near the old railroad from about Station 35+90 to 37+10,and one beneath East Main Street from about Station 57+85 to 59+65. The plans indicate jack and bore methods will be used to install a 36-inch steel casing at these locations. The borings indicate this method is likely feasible,but cobbles,some boulders,and groundwater will be encountered. We anticipate the soils in the bottoms of the bore pits will generally not be suitable for direct support of construction equipment. Therefore, we recommend subexcavating 1 foot below bottom-of-bore pit elevation using a smooth bladed backhoe and placing a non-woven geotextile filter fabric followed by a Tenser TX-5 geogrid. We then recommend placing 12 inches of 1 1/2-inch minus crushed gravel base to create a stable working platform. The plans also indicate that a new proposed access road is planned between Station 24+80 to 33+85. The proposed access road will raise grade up to 3 feet over the proposed sewer main within the wetland area. The new fill will induce settlement in the compressible layers which will cause the sewer main below it to settle,causing a potential depression in the sewer main. We recommend constructing the access road prior to installing the pipeline and allowing it to settle for a period of one month prior to installation of the sewer main. For installation of the entire sewer main, significant dewatering will be required. For all excavations, we recommend drawing groundwater down a minimum of 2 feet below the bottom of the excavation prior to excavation. Groundwater piezometers were installed in four of the seven borings and were left in place for future observations by others. Additional recommendations related to dewatering are discussed later in this report. General Please refer to the attached report for more detailed results of our fieldwork,engineering analyses and recommendations. Thank you for using SK Geotechnical Corporation. if you have any questions regarding this report,or require our services during the construction phase of this project, please call Dustin Hutrenbiler or Cory Rice at(406)652-3930. Sincerely, -- rr Dustin P. uH tzenbiler,PE Geotechnical Engineer Cory ice, PE Reviewing Engineer Attachment: Geotechnical Evaluation Report Table of Contents Description Page A. Introduction.............................................................................................................................................1 A.I. Project............................................................................................................................................ 1 A.2. Purpose of this Evaluation............................................................................................................. 1 A.3. Scope ............................................................................................................................................. 1 A.4. Documents Provided......................................................................................................................2 A.5. Locations and Elevations...............................................................................................................3 B. Results.....................................................................................................................................................3 B.1. Logs...............................................................................................................................................3 B.2. Site Conditions...............................................................................................................................3 B.3. Soils ...............................................................................................................................................4 B.4. Groundwater Observations............................................................................................................4 B.5. Laboratory Tests............................................................................................................................5 C. Analyses and Recommendations.............................................................................................................6 C.I. Proposed Construction...................................................................................................................6 C.2. Discussion......................................................................................................................................6 C.3. Sewer Main....................................................................................................................................7 D. Construction..........................................................................................................................................12 D.1. Excavation................................................................................................................................... 12 D.2. Observations................................................................................................................................ 13 D.3. Testing......................................................................................................................................... 13 DA Cold Weather Construction......................................................................................................... 13 E. Procedures............................................................................................................................................. 13 E.I. Drilling and Sampling.................................................................................................................. 13 E.2. Soil Classification........................................................................................................................ 14 E.3. Groundwater Observations........................................................................................................... 14 F. General Recommendations.................................................................................................................... 14 F.1. Basis of Recommendations.......................................................................................................... 14 F.2. Review of Design......................................................................................................................... 14 F.3. Groundwater Fluctuations............................................................................................................ 15 F.4. Use of Report............................................................................................................................... 15 F.5. Level of Care................................................................................................................................15 Professional Certification Appendix Boring Location Sketches (3) Geologic Map Sanitary Sewer Main Plan and Profiles Descriptive Terminology Log of Boring Sheets BH-2P through BH-7P, and BH-9 I A. Introduction A.1. Project Stahly Engineering and Associates(SEA) is assisting the City of Bozeman in designing the proposed 1 Front Street Sewer Main Improvements. The sewer main improvements generally extend along Front 1 Street from East Tamarack Street to Village Downtown Boulevard. The sewer main then crosses an existing large wetland between Village Downtown Boulevard and I-90,north of East Main Street. It is planned to cross beneath East Main Street,then turning east and traveling parallel to Haggerty Lane and the eastbound I-90 on-ramp where the new sewer main will connect to the existing main. The new sewer main is planned to be an 18-to 24-inch diameter PVC pipe with cover depths ranging from about 6 to 13 feet,with some areas of deeper cover where the utility travels beneath existing embankments. A portion of the new sewer main is planned within Front Street. Three jack and bore locations are also planned to II cross beneath an existing active railroad structure, a former railroad alignment, and beneath East Main Street. The plan and profile sheets indicate project stationing extends from 0+00 at East Tamarack Street to 66+22 at the existing main between Haggerty Lane and East Main Street. As part of the project, a new access road is also planned from Station 24+80 to 33+85. A.2. Purpose of this Evaluation The purpose of the geotechnical evaluation was to assist SEA by providing general soil and groundwater conditions along the proposed sewer main alignment,and in preparing plans and specifications for the proposed project. This report presents our findings and recommendations related to the proposed sewer main improvements. AA Scope The desired scope of services was outlined in a request for a proposal from Mr. Ryan Rittal,PE,with SEA, dated June 27,2018. On July 2,2018,we submitted our proposal to perform the geotechnical work. On August 1,2018,the desired scope was amended to revise the desired boring locations to avoid encroachment into the railroad right-of-way(ROW). On August 16,2018,we submitted our revised proposal addressing the scope revisions,and on August 17,2018,we were authorized to proceed in accordance with the scope of services outlined in our revised proposal. Our scope of services for the sewer main was limited to: • Coordinating work with Montana Department of Transportation(MDT)and City of Bozeman representatives to submit appropriate permits. • Applying for appropriate permitting from MDT,the City of Bozeman and Montana Rail Link. Stably Engineering and Associates December 27,2018 Project 18-3735G Page 2 1 I0 Coordinating the staking of the boring locations with SEA. I • Conducting nine penetration test borings along the proposed alignment at locations selected and f staked by SEA personnel. IExtending the borings to a depth of 15 feet or auger refusal,whichever was encountered first. • Completing five of the nine soil borings as groundwater monitoring wells at the locations selected Iby SEA. I Returning the samples to our laboratory for visual classification and logging by a geotechnical engineer. I I • Conducting laboratory soil testing that included moisture content, Atterberg limits, grain size i analysis,and standard Proctor. • Analyzing the results and formulating recommendations for earthwork,trench backfill, bedding material, dewatering, and construction. • Submitting a geotechnical evaluation report containing logs of the borings showing subsurface soil and groundwater conditions at each boring location,our analysis of the field and laboratory Itests,and recommendations for earthwork for the proposed sewer main. On November 6,2018, after reviewing the field conditions, adjustments to the scope were discussed and the removal of Boring BH-1 from our original scope was requested to stay away from current construction occurring in the area of East Tamarack Street and Front Street. Additionally, it was desired to increase the depth of Borings BH-3P and BH-4 because the borings could not be accessed at the staked locations and needed to be moved into Front Street. Boring BH-4 was originally planned to be completed i as a piezometer, but it was desired to switch the piezometer to Boring BH-3P. While performing the fieldwork within the wetland, access to the proposed Boring BH-8P was not available due to active deep creeks and ditches flowing within the wetland. Snow on the roadway made l access for our transport semi difficult and would have posed a safety concern to the traveling public. Therefore,this boring was also removed from our scope. l AA Documents Provided SEA provided us with the following documents for our use. i Stably Engineering and Associates December 27,2018 Project 18-3735G Page 3 Bozeman Front Street Sewer Interceptor Geotech Investigation request including the desired Geotechnical Scope including boring locations and desired depths,dated June 27,2018. Exhibit A, Geotech Bore Exhibit,not dated. • Exhibit A,Revised Geotech Bore Exhibit, dated August 1, 2018. • 2014 Map Site Features for I-90 East Bozeman Mitigation, dated October 10,2014. • Front Street Interceptor Sanitary Sewer Main Plan and Profile Sheets,not dated. A.S. Locations and Elevations Borehole locations were selected and staked in the field by SEA personnel. Ground surface elevations for the borings were provided to us by SEA in an email dated December 17, 2018. B. Results B.1. Logs Log of Boring sheets BH-2P through BH-7P and BH-9, indicating the depth and identification of the various soil strata,the penetration resistances, laboratory test data,and water level information are attached. It should be noted the depths shown as boundaries between the strata are only approximate. The actual changes may be transitions and the depths of the changes vary between borings. Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types, blows per foot,and review of readily available geologic maps. A detailed evaluation of the geologic history of the site was not performed. 1 B.2. Site Conditions Portions of the proposed sewer main improvements will be constructed within or beneath active roadways. The remainder of the sewer main will be installed within mapped wetland areas. Between East Tamarack Street and North Plum Avenue along Front Street,the road is currently paved with existing asphalt pavement. From North Plum Avenue to Village Downtown Boulevard,the active l roadway is currently gravel surfaced. The sewer main then travels through a wetland area for about 3,000 feet until it travels below East Main Street,which have about 15-to 20-foot high embankments. According to readily available geologic maps,the proposed project limits are generally situated primarily within recent alluvial deposits with some upper Tertiary sediments near the end of the project. 1 i i i f J Stably Engineering and Associates December 27,2018 I Project 18-3735G Page 4 l r B.3. Soils SK Geotechnical performed seven borings for the proposed project at locations selected and staked in the field by SEA. In general,Borings BH-2P through BH-4 were performed along Front Street between East Tamarack Street and Village Downtown Boulevard. Borings BH-5P through BH-7P were performed 1 within an existing wetland between Village Downtown Boulevard and 1-90,north of East Main Street, cBoring BH-9 was performed on the south shoulder of East Main Street near the beginning of the eastbound I-90 on-ramp. The borings encountered a varying profile across the project alignment. R Boring BH-2P performed near Station 4+00 encountered about 2 feet of existing lean clay fill underlain by native lean clay to a depth of about 3 feet. Beneath the clays, clayey gravel with sand and poorly graded gravel with sand were encountered to the boring's termination depth of 15 1/2 feet. Borings BH-3P and BH-4 were performed near the existing railroad spur line near Village Downtown Boulevard between Stations 22+50 and 24+75. The borings encountered about 6 to 8 1/2 feet of existing fill consisting of lean clay, sandy lean clay,and poorly graded gravel with sand. Beneath the existing fill, mixed layers of lean clay, clayey sand,poorly graded sand with clay and gravel,and poorly graded gravel with clay and sand were encountered to the boring's termination depth of 20 1/2 feet. Boring BH-5 was performed just east of Village Downtown Boulevard near Station 34+00 in the wetland. The boring encountered about 3 1/2 feet of organic clay topsoil underlain by clayey sand to a depth of 6 1/2 feet. Poorly graded gravel with sand and silt and poorly graded sand with gravel were then encountered to the boring's termination depth of 15 1/2 feet. Boring BH-6 and BH-7 were also performed in the existing wetland between Stations 41+00 and 48+00,east of the old railroad alignment. The borings encountered about 3 1/2 to 4 feet of organic clay topsoil underlain by sandy lean clay,lean clay ` with sand, and clayey sand to depths of about 9 1/2 to 10 1/2 feet. Beneath the sands,poorly graded gravel with sand and silt was encountered to the borings'termination depth of 15 1/2 feet. Boring BH-9 was performed on the south shoulder of East Main Street near the beginning of the 1-90 eastbound on-ramp, at about Station 62+00. The boring encountered about 6 feet of existing fill consisting of poorly graded gravel with sand and lean clay with sand underlain by fat clay to the boring's termination depth of 15 1/2 feet. We wish to point out the boring depth terminated above proposed pipe invert elevation. B.4. Groundwater Observations Groundwater was encountered in all of the borings at the time of our fieldwork. Table 1 below indicates the depth of the groundwater and corresponding elevations at the time of our fieldwork. Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 5 Table 1. Groundwater Depths. Depth to Groundwater** Boring Surface Elevation (feet) Groundwater Elevation* BH-2P 4769.7 11.5 4758 BH-3P 4778.9 11.0 4768 BH-4 4777.0 9.5 4767 1/2 BH-5P 4771.8 1.0 4771 BH-6 4777.0 2.0 4775 BH-7P 4782.3 1.0 4781 BH-9 4801.0 15.5 4785 1/2 *Groundwater elevations rounded to the nearest 1/2 foot. I **Depth encountered during initial fieldwork. It should be noted, groundwater levels can and will fluctuate depending on snow melt, run-off, precipitation, irrigation, leaking utilities, and surface characteristics, and other factors not evident at the time of our fieldwork. This is especially true when considering the work is occurring within a wetland where groundwater fluctuations have resulted in standing water within the wetland bottoms. Based on the borings and the anticipated groundwater levels and fluctuations, groundwater will impact the design and construction of the new sewer main along the entire alignment. Therefore,dewatering will be necessary. J Dewatering is discussed in further detail later in this report. iB.5. Laboratory Tests The results of the laboratory tests are summarized on the Log of Boring sheets in the Appendix. The results are also discussed in more detail below. B.5.a. Classification Tests. Classification tests consisting of percent passing the No. 200 sieve and Atterberg limits were performed on the penetration test samples obtained from various borings at various depths. Table 2 below provides a summary of the classification tests. i Table 2. Sum ma of Laboratory Tests Depth Atterberg Limits P200 Boring (feet) LL PL PI M ASTM Symbol BH-2P 3-8 11 16 26 26 GC BH-3P 3-8 38 14 24 70 CL BH-9 15 72 2 8 44 87 CH Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 6 B.5.b. Moisture Content Tests. Moisture content profiles were performed on all of the samples obtained from the borings. The moisture contents of the soils ranged from 2.2 to 93.9 percent. They generally ranged from about 7 to 44 percent, indicating that the soils are wet to waterbearing. The results of the moisture content tests are presented on the boring logs in the Appendix. C. Analyses and Recommendations C.I. Proposed Construction The City of Bozeman is working to improve an existing sewer main along Front Street in Bozeman, Montana. The project will consist of installing a new 24-inch diameter PVC sewer main with bury depths generally ranging from about 6 to 13 feet below existing grades with some areas of deeper cover depths. These depths correspond to pipe invert depths of 8 to 15 feet below existing grades. The plans indicate y the majority of construction will use conventional trenching methods. However,three locations are planned with trenchless installation methods. As part of the project,a new access road is also planned between about Station 24+80 to 33+85. The proposed access road will require grade raises up to 3 feet. 1 If the invert elevations and bury depths of the new sewer main varies by more than 1 foot from the values indicated in the Sanitary Sewer Main Plan and Profile drawings provided, or if grade raises along the access road are more than 3 feet,we should be informed. Additional analysis and recommendations could lbe necessary. C.2. Discussion As previously mentioned,the borings encountered a variable soil profile ranging from very dense gravels to very loose sands and soft clays. At pipe invert depth in four of the boring locations,we anticipate Type I2 bedding will be required. Based on our review of the soil borings and the plan and profile sheets,we 1 recommend assuming 70 percent of the new sewer main alignment will require Type 2 bedding. The I remaining 30 percent will likely be suitable for direct Type 1 bedding and pipe support. To obtain proper compaction of the backfill, it will be necessary to spread out the on-site soils, if used,to allow them to reach a moisture content near optimum prior to replacement. The moisture content tests 1 performed on the individual samples indicate the soils are extremely wet to waterbearing. These types of soils, even spread out,require a significant amount of time to dry and a period of several weeks or more li could be required to properly dry these soils. Frequent rains often occur in Bozeman, which would further slow the drying process. Consideration should be given to replacing these soils with imported imaterials,which are typically drier and more readily worked with. I l Stably Engineering and Associates December 27,2018 Project 18-3735G Page 7 To obtain proper compaction of on-site soils, it will also be necessary to screen/separate the cobbles and i j boulders greater than 6 inches in diameter. If not separated, segregation can occur during placement, resulting in voids that can cause settlement over time. Also, it is difficult to compact clays, sands and smaller gravels adjacent to larger cobbles and boulders because compaction equipment rides on top of them rather than the surrounding matrix. For the sewer main installed along existing roads where i settlement is more of a concern, consideration should be given to replacing the existing soils with imported 3-inch minus sandy gravel,which is typically easier to work with during construction and less prone to settlement. If the wet soils are placed back in the trench and not properly moisture conditioned or compacted, several inches of settlement at the road surface could occur. For the access road between Stations 24+80 and 33+85, it is planned to raise grade up to 3 feet above current grades. This amount of fill on these types of soils can result in excessive settlement of the sewer main if the road is constructed after the new sewer main is installed. This can cause issues with the sewer main gradient resulting in depressions or"bellies"which can cause flow issues in gravity systems. Therefore,we recommend constructing the access road a minimum of one month prior to installation of the new sewer main to allow the majority of the settlement caused by the new fill to occur prior to sewer pipe placement. CA Sewer Main C.3.a. Open Excavations. Occupational Safety and Health Administration(OSHA)guidelines indicate cohesive soils with an unconfined compressive strength of less than 0.5 tons per square foot(tsf),granular soils such as sands and gravels, and all existing fill classify as Type C soils. Based on the results of our soil borings,we recommend all soils be considered Type C soils on the project. All earthwork and construction should be performed in accordance with OSHA guidelines. The project crosses through mapped wetlands which are very soft at the surface. Typical heavy rubber- tired construction equipment will likely be unable to work in the wetland areas and will likely become stuck. Therefore, low ground pressure equipment will likely be required. Additionally, standing water has been observed by others and is likely the result of fluctuating groundwater. The contactor should be f aware that even with low ground pressure equipment, difficulties during construction in the wetlands will lbe encountered. Consideration can be given to performing this portion of work in the later summer/fall months when weather and groundwater conditions are more favorable. C.3.b. Trench Sub grade. The trench sub grade along the sewer main will be variable and range from g g g g dense to very dense gravels to very soft and very loose sands and clays at pipe invert depth. Based on the results of our soil borings and invert elevations,more medium dense to dense gravels are anticipated on the western portion of the project near BH-2P and BH-3P. The gravels will generally be suitable for l I Ir11f Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 8 , direct support of Type 1 bedding. East of BH-3P, less suitable soils consisting of very loose sands oi•soft iclays will be encountered,that will be unstable,and Type 2 bedding is recommended. I Based on our borings and the proposed construction,it is our opinion about 70 percent of the alignment will require Type 2 bedding beneath Type 1 bedding. We recommend a minimum of 18 to 24 inches of Type 2 bedding be placed beneath Type 1 bedding where required. If native,stable gravels are encountered sooner,the amount of Type 2 bedding can be reduced. The amount of Type 2 bedding will I need to be determined by observations during construction. Additional recommendations related to Type 1 and Type 2 bedding are discussed in further detail later in this report. C.3.c. Trenchless Pipe Installation. The plans indicate that jack and bore trenchless pipe installation methods are planned at three crossings along the alignment. The borings indicate the soils in the bottom ` of the boring pits will likely be very loose to loose sandy soils,with some medium gravels possible. It is our opinion the soils anticipated in the bottoms of the boring pits will not be suitable to support the jack and boring construction equipment. To provide an adequate construction platform,we recommend subexcavating a minimum of 1 foot below bottom-of-boring pit elevation using a smooth-bladed backhoe to avoid excessive disturbance of the 1 subgrade. We then recommend placing a non-woven geotextile filter fabric followed by a Tensar TX-5 geogrid,then placing 12 inches of crushed gravel base to create a stable working platform for construction equipment. It is our opinion that medium dense to dense gravels in the excavations,where encountered,will be suitable for equipment support. However,we recommend anticipating a construction platform will be necessary for all boring pits along the project. C.M. Dewatering. Groundwater was observed in all of the borings at the time of the fieldwork at depths ranging from about 1 to 15 1/2 feet below existing grades. In particular, in the wetlands, groundwater was observed right near the surface during drilling. Due to the high groundwater, extensive dewatering will be required prior to and during installation of the utilities along the entire sewer main alignment. We recommend groundwater be drawn down a minimum of 2 feet below planned bottom-of- excavation depth prior to excavating. This should include the depth of subexcavation needed for installation of Type 2 bedding. t Based on the proposed project,we anticipate the dewatering will likely be a series of well points along the proposed alignment to draw groundwater down. We recommend the dewatering wells be designed in such a way to prevent piping of fines,which could result in subsidence and ultimately settlement of I nearby structures. We recommend the dewatering plan be designed by a qualified dewatering contractor I 1 Stably Engineering and Associates December 27,2018 lProject 18-3735G Page 9 or hydrogeologist to determine the appropriate plan. Plans should also determine the risk of subsidence and the its effect on nearby structures and be designed to prevent subsidence. C.3.e. Pipe Bedding. C.3.e.1. Type 1 Bedding. Montana Public Works Standard Specifications(MPWSS) specify Type 1 bedding is to be placed from 4 inches below the bottom of the pipe up to the spring line of the pipe and } then Select Type 1 bedding to 6 inches above the pipe. The purpose of the bedding is to provide uniform support of the pipe and prevent it from crushing. It is our opinion this is the preferred method of pipe support,however,we recommend using well graded sands and gravels as Type 1 bedding as described below. MPWSS indicates Type 1 bedding can have 1 1/2-inch minus gravel with no requirement on the percent- passing-the-200-sieve. Therefore,open graded washed rock or drainage aggregate can be used as bedding. These gravels do not contain sands and fines and therefore have significant voids between the gravels. Fluctuating groundwater can transport fines into voids,known as piping, resulting in settlement. To reduce this risk,the open graded bedding can be wrapped in a filter fabric to reduce/prevent piping, ' but this is difficult during construction. Another option is to use a well graded sand and gravel as bedding,which reduces the risk of piping and settlement. MPWSS actually addresses this option on Standard Drawing 02221-2 as a pipe bedding alternative which is recommended for the project. We anticipate 1-inch or 3/4-inch minus crushed base course(MPWSS Section 02235)will meet these i requirements,but submittals containing coefficients of uniformity(Cu)and coefficient of curvature(Cc) should be submitted for approval. iC.3.e.2. Type 2 Bedding. MPWSS indicates Type 2 bedding shall be granular material meeting a specific gradation. However, it is our opinion the Type 2 bedding as specified by MPWSS is also too open graded, and as described above,represents a risk of piping and/or settlement. We recommend well graded gravel with sand as Type 2 bedding. Well graded gravel with sand contains an even distribution of sand and gravel sized particles. Once placed and compacted, it does not contain excessive void spaces. To obtain compaction, it is critical groundwater be lowered a minimum of 2 feet below the subexcavation depth so the gravel base does not become saturated during placement,preventing compaction. As indicated above, crushed base course is a typical well graded gravel with sand material. If open graded Type 2 bedding is used, it should be completely wrapped in a filter fabric to reduce/prevent piping. C.31 Drainage and Impermeable Trench Plugs. It is critical good drainage of surface water be provided long term along the roadway. To reduce the risk of water flowing in bedding,we recommend placing low permeability trench backfill plugs along the sewer main alignment. We recommend the plugs I Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 10 I be placed at intervals determined to be appropriate by the civil engineer. We also recommend plugs be placed along each service connection. If the sewer main breaks,water could flow into residential service trenches,potentially causing settlement to adjacent structures. These plugs should meet the requirements of MPWSS Section 02222. C.3.g. Trench Backfill Above Bedding. C.3.g.1. Separation During Excavation. As previously indicated,we recommend separating the organic clay topsoil(ASTM Symbol OL)from the underlying inorganic clay, sand, and gravel during the excavation in the wetlands and they be stockpiled separately. After bedding, pipe, and trench backfill Ihave been placed,the organic clay topsoil should be replaced at the surface,matching the existing topsoil thickness. At the borings,the clay topsoil ranged from about 3 1/2 to 4 feet thick,but the actual depths will depend on observations during construction. C.3.g.Z Backfill and Compaction. It is our opinion the on-site soils excavated fi•om the trench can be used as backfill along the sewer main,but reuse will be difficult. These soils will be a mixture of clays, sands and gravels and be extremely wet to waterbearing and will be very difficult to work with. If these soils are used by the contractor, it will be necessary to spread these soils out and allow them to dry to a moisture content near optimum. These types of soils could take several weeks or more to achieve this moisture content and is dependent on favorable weather conditions,which can be difficult in Bozeman. Another alternative is to import material that is suitable as trench backfill. Imported material is typically near or below optimum and it is typically easier and faster to moisture condition these soils. We recommend consideration be given to importing a 3-inch minus sandy gravel to be used as trench backfill and wasting the unsuitable saturated soils excavated from the trenches. i Some soils excavated from the trench will likely be more suitable, such as the poorly graded gravel with sand near Boring BH-2P. These soils will likely dry out relatively quickly and be able to be used as trench backfill above the bedding. However,these gravels contain significant cobbles and some boulders. Additionally, imported sandy gravels could also contain some cobbles. Since construction is taking place within the active city streets,we recommend cobbles and boulders greater than 6 inches in dimension be I screened/separated and wasted to prevent segregation during placement. If the oversized material is not removed, it will tend to segregate during construction,resulting in voids within the backfill. This can cause settlement over time as surrounding fines infiltrate into the voids. The oversized material is f difficult to compact due to larger required lift thicknesses and difficulty with operating compaction j equipment riding on larger cobbles and boulders and not compacting the matrix in between. 1 I Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 11 j In order to reduce trench settlement,we recommend all trench backfill under roadways or other areas where settlement is of concern be compacted to meet MWPSS Type A trench backfill requirements. Compaction tests should be performed to evaluate densities. C.3.g.3. Trench Settlement. Trench settlement of utility excavations is a common problem and is often difficult to avoid. Even well compacted backfill will settle,in our opinion, and we anticipate normal trench settlement will be approximately I percent of the total trench depth. If the backfill is poorly compacted,excessively thick lifts are placed, large oversize materials are left in place, contains frozen materials, or surface water infiltrates into the trench,several inches of settlement could occur. Full-time inspection during placement of backfill helps reduce the risk of these issues occurring during Iconstruction. r CA. Manholes lMultiple manholes are planned along the alignment. Similar to the soils anticipated at pipe invert elevation,we estimate the very loose sands and soft clay soils,where encountered,will not be suitable for Idirect support of the manholes. 1 Where unstable soils are encountered,we recommend subexcavating 2 feet below bottom-of-manhole elevation with a smooth-bladed backhoe. The subexcavation should extend a minimum of 2 feet beyond the manholes. We recommend placing 2 feet of Type 2 bedding wrapped in geotextile filter fabric to i provide a stable platform for the manholes. o The manholes will also need to be designed to counteract buoyancy forces. For design purposes,we Irecommend assuming groundwater will extend to the existing ground surface for manholes planned between Station 24+00 and Station 58+00. For manholes outside the stationing,we recommend assuming I groundwater will extend to within 3 feet of the ground surface. The buoyant forces can be resisted by the weight of the concrete in the manholes. Provided the precast I manholes are structurally and integrally connected to the manhole mat,then buoyancy forces can also be i resisted by the weight of the backfill placed above the mat foundation where it extends beyond the outside edges of the manholes. The backfill actually creates a wedge formed by planes extending upward and outward from the top edges of the mat where it extends beyond the manholes at an angle of 20 degrees from vertical. Assuming on-site soils are used as backfill,we recommend using a submerged unit weight of 50 pounds per cubic foot(pcf)for the weight of backfill below groundwater and 115 pcf for the weight of backfill above the groundwater. 1 { Stably Engineering and Associates December 27,2018 Project 18-3735G Page 12 I I C.S. Access Road The plans indicate a new gravel access road is planned between Stations 24+80 and 33+85. The profile drawings indicate raises in grade of up to 3 feet will be required to reach access road grade. The plan drawings indicate the new access road is planned through the existing wetlands. I Boring BH-5 was performed in the wetland near the south end of the road, as previously mentioned. The boring encountered about 3 1/2 feet of organic clay topsoil,underlain by very loose clayey sand to 6 1/2 I feet. Mixed layers of loose sand and medium dense to dense gravels were then encountered to 15 1/2 feet. Boring BH-4 was performed near the north end of the road and encountered about 6 feet of existing fill, underlain by soft to medium stiff clays and very loose sands to 17 1/2 feet. Medium dense gravels were then encountered to 20 1/2 feet. Based on our calculations,we estimate I to 2 inches of settlement of the sewer main due to the access lroad fill. If this amount of settlement is unacceptable,we recommend constructing the new road one month prior to installation of the sewer main to allow the majority of this settlement to occur prior to construction. Provided some settlement of the road surface is acceptable, it is our opinion the organic clays can be left in place beneath the new gravel access road. We recommend cutting all vegetation flush with the ground surface and removing it. We recommend placing a non-woven stabilization geotextile then advancing 18 I inches of gravel base across the roadway without any specific compaction effort and the least amount of traffic possible. Following the initial lift,we recommend placing an 8-inch loose lift of gravel and + compacting to 90 percent of its standard Proctor maximum dry density. Following lifts should also be ` placed in loose lifts not exceeding 8 inches and be compacted to 95 percent of its standard Proctor maximum dry density. With construction as indicated above,we estimate 2 to 4 inches of settlement at the road surface, and some periodic regrading should be anticipated. If this amount of movement is not acceptable,the 1 organics will need to be removed and replaced. D. (Construction DA. Excavation It is our opinion the soils encountered by the borings can be excavated with a larger tracked excavator. ` All excavations should be performed in accordance with OSHA requirements. The borings indicate the y soils in the sidewalls of the sewer main trench excavations will be Type C soils under OSHA guidelines. All earthwork and construction should be performed in accordance with OSHA guidelines. Stately Engineering and Associates December 27,2018 Project 18-3735G Page 13 1 D.2. Observations Due to the variability in the soils, we highly recommend the excavations of the new sewer main be l observed. These observations should be performed by a geotechnical engineer or an engineering assistant f working under the direction of a geotechnical engineer. The purpose of these observations is to evaluate if the subgrade soils are similar to those encountered in the borings and to evaluate the need for Type 2 bedding. ' D.3. Testing l Testing of materials during construction should meet the requirements of MPWSS. We recommend compaction tests be performed on the proposed sewer main trench backfill. Samples of proposed backfill and fill materials should be submitted to our testing laboratory at least five days prior to placement on the site for evaluation and determination of their optimum moisture contents and maximum dry densities. Asphalt pavement should also be tested for strength properties and compaction in accordance with MPWSS. I DA. Cold Weather Construction } If site grading and construction is anticipated during cold weather,we recommend good winter construction practices be observed. All snow and ice should be removed from fill materials prior to placement. No fill should be placed on soils that have fi•ozen or contain frozen material. No frozen soils should be used as fill. I If used, concrete delivered to the site should meet the temperature requirements of American Society for j Testing and Materials(ASTM)C 94. Concrete should not be placed on frozen soils or soils that contain frozen material. Concrete should be protected from freezing until the necessary strength is attained. i E. Procedures f E.I. Drilling and Sampling The penetration test borings were performed on the dates indicated on the boring logs with a Diedrich ID-120 core and auger drill rig and a CME 850 track-mounted core and auger drill rig. Sampling for the borings was conducted in accordance with ASTM D 1586, "Penetration Test and Split-Barrel Sampling of i Soils." Using this method,we advanced the borehole with hollow-stem auger to the desired test depth. Then a 140-pound hammer falling 30 inches drove a standard,2-inch OD, split-barrel sampler a total penetration of 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration fwere recorded and are an index of soil strength characteristics. Stahly Engineering and Associates December 27,2018 I Project 18-3735G Page 14 i E.2. Soil Classification Our drill crew chief visually and manually classified the soils encountered in the borings in accordance with ASTM D 2488, "Standard Practice for Description and Identification of Soils(Visual-Manual Procedures)." A summary of the ASTM classification system is attached. All samples were then returned to our laboratory for review of the field classifications by a geotechnical engineer. Representative Isamples will remain in our office for a period of 60 days to be available for your examination. j EA Groundwater Observations I Approximately ten minutes after taking the final sample in the bottom of a boring,the driller probed through the hollow-stem auger to check for the presence of groundwater. In Borings BH-2P,BH-3P, IBH-5P and BH-7P,the borings were completed as 2-inch diameter groundwater piezometers for future observations by others. In the remaining borings, immediately after withdrawal of the auger,the driller again probed the depth to water or cave-in. The borings were then backfilled. F. General Recommendations I F.1. Basis of Recommendations The analyses and recommendations submitted in this report are based upon the data obtained from the soil borings performed at the locations indicated on the attached sketches. Often,variations occur between these borings,the nature and extent of which do not become evident until additional exploration or construction is conducted. A reevaluation of the recommendations in this report should be made after performing on-site observations during construction to note the characteristics of any variations. The variations may result in additional foundation costs, and it is suggested a contingency be provided for this purpose. It is recommended we be retained to perform the observation and testing program for the site preparation phase of this project. This will allow correlation of the soil conditions encountered during construction to the soil borings, and will provide continuity of professional responsibility. F.2. Review of Design This report is based on the anticipated construction of the proposed sewer main as related to us for preparation of this report. It is recommended we be retained to review the geotechnical aspects of the designs and specifications. With the review,we will evaluate whether any changes in design have affected the validity of the recommendations, and whether our recommendations have been correctly interpreted and implemented in the design and specifications. Stahly Engineering and Associates December 27,2018 Project 18-3735G Page 15 FA Groundwater Fluctuations We made water level observations in the borings at the times and under the conditions stated on the boring logs. These data were interpreted in the text of this report. The period of observation was relatively short,and fluctuation in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage,and other seasonal and annual factors not evident at the time the observations were made. Clay soils typically require longer periods of time(days/weeks)for groundwater elevations to stabilize. Design drawings and specifications and construction planning should recognize the possibility lof fluctuations. j FA. Use of Report f This report is for the exclusive use of the Stahly Engineering and Associates to design the proposed sewer main and prepare construction documents. In the absence of our written approval,we make no ` representation and assume no responsibility to other parties regarding this report. The data, analyses,and recommendations may not be appropriate for other structures or purposes. We recommend parties contemplating other structures or purposes contact us. ii+.5. Level of Care Services performed by SK Geotechnical Corporation personnel for this project have been conducted with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty,expressed or implied, is made. Professional Certification ! I hereby c ;t111i t js feport was prepared ., .�i by me;jitid tl>r�aC1 aiiil-a tfiily iccnsed Professional Engitleer�ainder the laws,the Stat of Montana. C TIC! P. i No.41795 4�i DuAV N19tzenbile P Geote�il �l!�ilt , r'�;� License I December 27,271Tg** , i I l i Appendix ;-wV fir i 4 ism ; �• !-•- - L _ � s 77 fF, 9i - - or 2 - - -sue Xv e • 4 IFAL ' + o c ti W ` co- Fi r '� r o w N � N w v R C] L{ �+ • O ■ � � O C7 � • i O x m or st J m v �. 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'a� ,it- .��1; tl !:\ �5 SKEV Descriptive Terminology Standard D 2487 Iff Classification of Soils for Engineering Purposes Particle Size Identification u 1 (Unified Soil Classification System) Boulders..........................................over 12" Cobbles..........................................3"to 12" Gravel Soil Classification coarse.........................................3/4"to 3" Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests A Group n fine........................................No.4 to 3/4" Symbol Group Name Sand Gravels Clean Gravels Cu >_4 and 1 <Cc <3 E GW Well graded gravel P coarse................................No.4 to No.10 More than Less than 5%.I E Poorly graded gavel medium...........................No. 10 to No.40 50%of fines c Cu < 4 and/or 1 > Cc > 3 GP E fine................................No.40 to No.200 Coarse- coarse Gravels with Fines classify as ML or MH GM Silty ravel F.°•n Silt.................................No.200 to.005 min Grained fraction Fines Clay ........less than.005 mm Soils retained on More than 12% Fines classify as CL or CH GC Clayey gravel r.u.0 Y •••••••••...........•••• More than No.4 sieve fines c Relative Density of Cohesionless Soils 50% Sands Clean Sands Cu>6 and 1 <_Cc <_3 E SW Well graded sand' very loose.....................................0 to 4 BPF retained 50%or Less than 5% loose...........................................5 to 10 BPF on No. more of fines o Cu < 6 and/or 1 > Cc > 3 E SP Poorly graded sand' medium dense..........................I 1 to 30 BPF 200 sieve coarse Sands with Fines classify as ML or MH SM Silty sand dense........................................31 to 50 BPF fraction Fines very dense............. over 50 BPF ................... passes No.4 More than 12% Fines classify as CL or CH SC Clayey sand°•H' sieve fines D Consistency of Cohesive Soils PI > 7 and plots on or above k L KI very soft.......................................0 to 1 BPF Fine- Silts and Inorganic "A"line r CL Lean clay soft...............................................2 to 3 BPF Grained Clays PI < 4 or plots below"A"line r ML Silt KLAI rather soft.....................................4 to 5 BPF Soils Liquid Limit x 50%or less than 50 Organic Liquid limit-ove„dried < 0.75 OL Orean,c cla K L I&°n medium........................................6 to 8 BPF more Liquid limit-not dried Organic silt L el rather stiff...................................9 to 12 BPF Silts acid PI lots on or above"A"line CH Fat cla•K L 10 stiff...........................................13 to 16 BPF passes the Inorganic K L nl No.200 Clays PI lots below"A"line MH Elastic silt very stiff...................................17 to 30 BPF Li uid limit Liquid limit—oven dried < 0.75 Organic clay"4hf.P sieve q Or anic OH hard...........................................over 30 BPF 50 or more g Liquid limit-not dried Organic Silty-L hi.Q Moisture Content(MC)Description Highly Organic Soils Primarily organic matter,dark in color,and organic PT peat rather dry MC less than 5%,absence of odor A Based on the material passing the 3"(75 unit)sieve. " If fines are organic,add"with organic fines"to moisture,dusty 1 n If field sample contained cobbles or boulders,or both, group name. moist MC below optimum,but no Iadd"with cobbles or boulders,or both"to group name. ' If soil contains> 15%gravel,add"with gravel' visible water c Gravels with 5 to 12%fines require dual symbols to group name. wet Soil is over optimum MC GW-GM well-graded gravel with silt If Atterberg limits plot in hatched area,soil is a waterbearing Granular,Cohesionless or GW-GC well-graded gravel with clay CL ML,silty clay. low plasticity soil with free GP-GM poorly graded gravel with silt K If soil contains 15 to 29%plus No.200,add water,typically near or n GP-GC poorly graded gravel with clay "with sand"or"with gravel",whichever is below groundwater table Sands with 5 to 12%fines require dual symbols. predominant. SW-SC well-graded sand with clay L If soil contains > 30%plus No.200 very wet Cohesive soil well over SP-SM poorly graded sand will,silt predominantly sand,add"sandy"to group name. OMC,typically near or SP-SC poorly graded sand with clay its If soil contains > 30%plus No.200 below erotlndwater table E Cu = Dw/Diu predominantly gravel,add"gravelly"to group Cc= (D.4/(Din x Dwi) name. Drilling Notes If soil contains > 15%sand,add"with sand"to group N PI >4 and plots on or above"A"line. Standard penetration test borings were advanced F name. ° PI<4 or plots below"A"line. by 3'/4"or 4%4"ID hollow-stem augers,unless If fines classify as CL-ML,use dual symbol GC-GM or P PI plots on or above"A"line. noted otherwise.Standard penetration test ° SC-SM. PI plots below"A"line. borings are designated by the prefix"ST"(split 0 tube).Hand auger borings were advanced 6 For clossificotI of rine-rained Imes manually with a 2 to 3"diameter auger to the on ine•groine roc ono course-groin depths indicated. Hand auger borings are H 50 N ss. indicated by the prefix"HA." IL Equationof A*-hne �� r X Horizontal of PI-4 toLL-255. �i �d Sampling. All samples were taken with the c then PI-0.731LL•20) 'si •p� standard 2"OD split-tube sampler,except where z Equation of'u'-line noted. TW indicates thin-walled tube sample. II Verticalof LL=16toP1= > theo PI.0.9(LL-9) i� G CS indicates California tube sample. BS ~ 30 - indicates bulk sample. u I. i V BPF. Numbers indicate blows per foot recorded in standard penetration test,also known as"N" a 20 /�� Gv8 MH 0 OH value. The sampler was set 6"into undisturbed soil below the hollow-stem auger. Driving io - _ resistances were then counted for second and ---. ML�OL 4 7-7-1 _ :C -tM ` 1 1 1 third 6"increments and added to get BPF. _0 i0 i6 x0 30 •0 50 60 r0 no 90 I00 Itt Where they differed significantly,they were L I QUID LIMIT ILL) separated by backslash(/). In very dense/hard FIG.4 PWtidty Chart strata,the depth driven in 50 blows is indicated. Laboratory Tests WH. WH indicates the sampler penetrated soil DD Dry density,pcf WD Wet density,pcf OC Organic content,% under weight of hammer and rods alone;driving LL Liquid limit PL Plastic limit PI Plasticity index not required. P200 %passing 200 sieve MC Natural moisture content,% ° Note. All tests were run in general accordance /o MDD Maximum dry density(Proctor),pcf OMC Optimum moisture content(Proctor), with anolicable ASTM standards. qu Unconfined compressive strength,psf UCS Unconfined compressive strength,psi qp Pocket penetrometer strength,tsf October 30,2018 SK�V 2511 Holman Avenue P.O. Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone:406065293930 PROJECT: 18-3735G BORING: BH-2P GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman, Montana DRILLED BY: E.Hollibaugh METHOD: 4 1/4"HSA,Automatic DATE: 11/6/18 SCALE: 1"=3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4769.7 0.0 MC FILL: Lean Clay with Sand and Gravel, low plasticity,dark gray,moist,stiff. (Fill) si3 17.9 Surface elevations at borings provided by 767.7 2.0 �i�i�i SEA. LEAN CLAY, low plasticity,brown,wet,medium Bulk Bag T-8' 766.7 3.0 CL stiff. (Alluvium) 8 za.6 CLAYEY GRAVEL with SAND,fine to coarse-grained, low plasticity,brown to dark brown, moist, loose to very dense. (Alluvium) GC 58 3.5 3.8 763.7 6.0 LL=27,PL=11,PI=16 PODRLY GRADED GRAVEL with SAND,fine to P2,=26% coarse-grained,brown,moist to waterbearing, dense MDD-130.9 pcf to very dense. (Alluvium) UMC-9.0% 50-4'/4" 2.2 Pipe Invert —= 55 8.0 GP Q 49 11.8 4754.2 15.5 as 9.9 END OF BORING Water down 11'/2 with 11'of hollow-stem auger in An open triangle in the the ground. water level(WL) Water not observed to dry cave-in depth of 3' column indicates the a immediately after withdrawal of auger. depth at which Boring then backfilled. groundwater was first observed while Z drilling. Z Z 5 a N to M a U EL m 0 Z it 0 m 18-3735G BH-2P page 1 of 1 K�V 2511 Holman Avenue P.O. Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone:406065253930 Fax 4066523944 PROJECT: 18-3735G BORING: BH-3P GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman,Montana DRILLED BY: E.Hollibaugh METHOD: 4 1/4"HSA,Automatic DATE: 11/7/18 SCALE: V =3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4778.9 0.0 MC FILL: Poorly Graded Gravel with Sand,fine to coarse-grained,brown,moist,medium dense. (Fill) 11 6.7 4777.4 1.5 FILL: Sandy Lean Clay with Gravel, low plasticity, brown, moist,rather soft to medium stiff. (Fill) s 26.8 Eil,1, 8 22.3 LL=38,PL=14,PI=24 P2,=70% EEE MDD-111.3 pcf UMC-16.0% 4 28.2 4770.4 8.5 LEAN CLAY, low plasticity, trace roots-minor decomposing odor,dark gray,wet,rather soft. CL (Alluvium) 5 93.9 pipe Invert 4767.9 11.0 PDORLY GRADED SAND with CLAY and GRAVEL, low plasticity, fine to coarse-grained, SP brown,waterbearing,medium dense. (Alluvium) SC 16 12.5 4765.4 13.5 __ ______ _ _______ POORLY GRADED GRAVEL with CLAY and SAND, low plasticity,fine to coarse-grained, brown, waterbearing, medium dense. (Alluvium) GP 18 9.4 GC = N 4761.6 17. - _______ ______ ___ ___ a CLAYEY SAND, low plasticity,fine-grained,dark gray,waterbearing, loose. (Alluvium) Z Z SC Z a 6 29.6 N 4758.4 20.5 END OF BORING a Water down I F with 11'/z'of hollow-stem auger in the ground. Water not observed to dry cave-in depth of 5' LL immediately after withdrawal of auger. Boring then backfrlled. Z a 0 m 18-3735G BH-3P page 1 of 1 SKZAg 2511 Holman Avenue P. 0. Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone:406.652.3930 PROJECT: 18-3735G BORING: BH-4 GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman, Montana DRILLED BY: E.Hollibaugh METHOD: 4 1/4"HSA,Automatic DATE: 11/6/18 SCALE: V =3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4777.0 0.0 MC FILL: Poorly Graded Gravel with Clay and Sand, low plasticity,fine to coarse-grained,brown,wet, medium dense. (Fill) 11 7.3 4775.0 2.0 FILL: Lean Clay, low plasticity, light brown,wet, rather stiff. (Fill) 9 22.3 10 23.3 4771.0 6.0 LEAN CLAY, low plasticity,trace organics and roots, dark gray,wet, medium stiff. (Alluvium) CL 6 27.9 4768.5 8.5 _ __________ __ LEAN CLAY with SAND, low plasticity,brown, wet to very wet,soft. (Alluvium) CL 3 27.5 4766.0 11.0 _ CLAYEY SAND, low plasticity, fine grained, dark gray, waterbearing, very loose. (Alluvium) WWI 29.4 SC Pipe Invert 2 19.1 m 4759.5 17.5 - POORLY GRADED GRAVEL with CLAY and = SAND, low plasticity,fine to coarse-grained, dark Z GP = gray, waterbearing,medium dense. (Alluvium) GC g = a = 19 10.5 4756.5 20.5 - END OF BORING Water down 10'with 19' of hollow-stem auger in the ground. Water down 9%immediately after withdrawal of ii auger. Boring then backfilled. Z a 0 m 18-3735G BH-4 page I of 1 SKZAD 2511 Holman Avenue P.O. Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone:406.6-12.3930 PROJECT: 18-3735G BORING: BH-5P GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman,Montana DRILLED BY: C.Larsen METHOD: 4 1/4"HSA.Automatic DATE: 11/29/18 SCALE: 1" =3' Elev. Depth Symbol Description of Materials BPF WL yp Remarks 4771.8 0.0 MC ORGANIC LEAN CLAY,medium plasticity,few roots,dark gray to black,wet to very wet,very soft. (Topsoil) wx - OL 88.4 WW2 42.0 4768.3 3.5 CGS ______ ________ CLAYEY SAND, low plasticity,f ne-to medium-grained,trace roots, dark gray to gray, waterbearing,very loose. (Alluvium) SC 4 28.6 4765.3 6.5 [POORLY GRADED GRAVEL with SAND and GP _ SILT, fine-to coarse-grained,gray to brown, GM - waterbearing,medium dense. (Alluvium) ► 16.4 Pipe Invert 4763.3 8.5 ___ _ ______ _ ___ POORLY GRADED SAND with GRAVEC,fine- to coarse-grained,gray, waterbearing, loose. Sp (Alluvium) 7 18.7 760.8 11.0 ____ _ _________ ____ POORLY GRADED GRAVEL with SAND and SILT, fine-to coarse-grained, brown,waterbearing, dense to very dense. (Alluvium) 34 12.7 Harder Drilling. GP = GM = 50 7.7 4756.3 15.5 - END OF BORING Water down I'with 6%of hollow-stem auger in the ground. N Boring completed as 2" Piezometer. ? Boring then backfilled. ID Z Z Z g a 0 n M d U a m z 0 m 18-3735G BH-5P page 1 of 1 SKZ�g 2511 Holman Avenue P.O. Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone: 406.652.3930 PROJECT: 18-3735G BORING: BH-S GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman,Montana DRILLED BY: C.Larsen METHOD: 4 1/4"HSA,Automatic DATE: 11/30/18 SCALE: 1" =3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4777.0 0.0 MC ORGANIC LEAN CLAY,medium plasticity,trace roots,black,wet to very wet,rather soft. (Topsoil) 4 53.5 OL 4 48.0 Saturated below 3 feet. 4773.0 4.0 SANDY LEAN CLAY, low plasticity,trace roots, CL gray to dark-gray,very wet, soft. (Alluvium) 2 32.0 4771.0 6.0 _ _____ _____ POORLY GRADED SAND with SILT, fine to coarse-grained, gray,waterbearing, loose. (Alluvium) Sp 5 38.4 SM Pipe Invert 4767.5 9.5 POORLY GRADED GRAVEL with SAND and CLAY,fine-to coarse-grained, gray,waterbearing, 1 z 2a.9 medium dense to dense. (Alluvium) GP = 24 10.6 GC _ 33 10.5 4761.5 15.5 - END OF BORING Water down 3'/z'with 6%of hollow-stem auger in the ground. N Water down T with 14'of hollow-stem auger in the ground. Water down T immediately after withdrawal of auger. Z Boring then backfilled. Z a C7 n M d U a m O Z W O m 18-3735G BH-6 page I of I SKZAg 2511 Holman Avenue P.O. Box 80190 LOG OF BORING Billings,MT 59108-0190 Phone:406.652.3930 PROJECT: 18-3735G BORING: BH-7P GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman, Montana DRILLED BY: C.Larsen METHOD: 4 1/4"HSA,Automatic DATE: 11/30/18 SCALE: V =3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4782.3 0.0 MC ORGANIC LEAN CLAY, low to medium plasticity, few roots,black,wet to saturated,rather soft. (Topsoil) 4 - OL 48.1 X. 4 41.4 778.8 3.5 ____ _________ ____ LEAN CLAY with SAND,medium plasticity,trace roots, gray,very wet,rather soft. (Alluvium) CL 5 31.4 4776.3 6.0 _ __________ _--__ CLAYEY SAND, low to medium plasticity, 1 fine-grained,gray,waterbearing,very loose. SC (Alluvium) WHIZ 31.1 773.8 8.5 POORLY GRADED SAND with CLAY, low Sp plasticity, fine-to coarse-grained, gray, SC waterbearing,very loose. (Alluvium) 4 39.4 771.8 10.5 ____ _ ________ ___ POORLY GRADED GRAVEL with SAND and Pipe Invert SILT, fine-to coarse-grained,gray,waterbearing, loose to medium dense. (Alluvium) 15 7.6 GP - GM =766.8 15 5 28.0 .5 - END OF BORING Water down 6%2 with 6%of hollow-stem auger in the ground. N Water down 1' immediately after withdrawal of a auger. Boring completed as 2" Piezometer. Z Z Z g a C7 vi ch 0 U a m z ZM 0 m 18-3735G BH-7P page 1 of I SKZAg 2511 Holman Avenue P.O.Box 80190 LOG OF BORING Billings, MT 59108-0190 Phone:406.652.3930 PROJECT: 18-3735G BORING: BH-9 GEOTECHNICAL EVALUATION LOCATION: Proposed Front Street Sewer Interceptor See Attached Sketch Bozeman,Montana DRILLED BY: E.Hollibaugb METHOD: 4 1/4"HSA,Automatic DATE: 11/7/18 SCALE: V =3' Elev. Depth Symbol Description of Materials BPF WL qp Remarks 4801.0 0.0 MC FILL: Poorly Graded Gravel with Sand,fine to coarse-grained,brown,moist,medium dense. (Fill) 14 3.9 4799.0 2.0 LEAN CLAY with Sand, low plasticity, light brown, 4798.0 3.0 moist, stiff. 16 s.3 POORLY GRADED GRAVEL with Sand,fine to coarse-grained,brown to black, moist, medium dense. 14 21. 8 Subgrade Sample: 4795.0 6.0 5'-10'. FAT CLAY,medium to high plasticity, few sands, brown to gray, moist to very wet,rather soft to very stiff. (Alluvium) 20 9.2 CL 13 21.0 6 32.6 4785.5 15.5 4 444.4 LL=72,PL=28,PI=44 END OF BORING Pz,=86.7% Water down 15'/2 with 14'of hollow-stem auger in the ground. N Water not observed to dry cave-in depth of 5' Pipe Invert a immediately after withdrawal of auger. Boring then backfilled.ID Z Z Z g a U a- m Z z 0 0 m 18-3735G BH-9 page 1 of 1 G. PERMITS OBTAINED BY OWNER FLOODPLAIN PERMIT l BOZ E MANMT Engineering Division August 15, 2019 Shawn Kohtz, City Engineer 20 E. Olive St Bozeman, MT 59715 RE: Floodplain Permit Approval Front Street Sewer Interceptor Dear Mr.Kohtz: Upon review of the floodplain development permit application materials for the referenced project the City Floodplain Administrator finds that applicable criteria contained in Division 38.600 Bozeman Municipal Code are satisfied for floodplain permit approval. The proposed project consists of constructing new interceptor sewer to increase the overall capacity of the front street interceptor sewer basin. Portions of the new interceptor alignment cross the regulatory floodplain and floodway of Mill Ditch Diversion. The finished grade of the sewer profile will match existing grade. The project has been designed and certified by a qualified professional engineer to cause `no-rise' in the existing flood elevation during the 1% annual chance return interval pursuant to City of Bozeman floodplain regulations. This Floodplain Development Permit is approved subject to the following condition: 1) The project engineer 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. One set of application materials beating the city's approval is enclosed. The project must conform to the approved project plans and specifications, including any conditions placed on the project by other required permits approved for 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. This approval is given with the understanding that the work within the 100-year floodplain will be initiated within 1 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. Please contact me if you have any questions. Sincerely,. Brian HeastoJPOL— Bozernan ,Floodplain Administrator Attachments cc: Traci Sears—DNRC Water Resources,Floodplain Management,PO Box 201601,Helena,MT 59620-1601 Greg Steckler,Stahly Engineering via email:gsteckler@bozenian.net bozeman.net Bob Murray,Senior Engineer via email:bmurray a bozeman.net Project File Q 1 • © i•Bozem• 1 • 1 0 1. : 1 O 1 . •• TDD: 406 582 2301 THE MOST LIVABLE PLACE. MONTANA RAIL LINK PIPELINE PERMIT PIPELINE LICENSE NO. 602,187 02BOZEMAN THIS LICENSE ("License"), made as of the 151 day of May, 2019 ("Effective Date") by and between MONTANA RAIL LINK, INC., a Montana corporation ("Licensor"), whose mailing address is PO Box 16624, Missoula, MT 59808- 6624 and physical address is 101 International Way, Missoula, MT 59808, and City of Bozeman ("Licensee"), whose address is 20 E. Olive St. PO Box 1230 Bozeman, MT 59715 RECITALS A. Licensor is in the railroad transportation business and leases a system of rail tracks ("Licensor's Track(s)") and various real properties associated therewith from BNSF Railway Company, a Delaware corporation ("BNSF"), pursuant to that certain Master Agreement between Licensor and BNSF dated July 21, 1987("Master Lease"), including the Premises described below which Licensee desires to license from Licensor. B. Licensor has agreed to license to Licensee the Premises, subject to the terms, conditions and limitations provided herein. AGREEMENTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following; GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the"Drawings and Specifications"), one U Pipeline(s), 23.48 inches in diameter inside a 40.75 inch steel casing ("PIPELINE"), across or along the rail corridor of Licensor at or near the station of Bozeman, County of Gallatin, State of Montana, Mile Post 0+0408, Survey Station 04+08, as shown on the attached plat, dated March 13, 2019, attached hereto as Exhibit "A"and made a part hereof(`Premises"). 2. Licensee shall not disturb any improvements of Licensor or BNSF or interfere with the use of such improvements. Licensee shall not disturb Licensor's or BNSF's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying municipal waste water. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or"hazardous substances", as "hazardous waste"and"hazardous substances"may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor or BNSF of the affected rail corridor, Licensor and BNSF shall not be liable to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. Pipeline License MRL Form 424 February 2015 Page 1 of 13 17 f 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 6. This License is subject and subordinate to the Master Lease. BNSF hereby agrees by its signature below to recognize Licensee's rights under this License, if,prior to the termination of this License,or to the expiration of the term of this License, the term of the Master Lease expires, the Master Lease is terminated or BNSF reenters and repossesses the Premises after a default by Licensor under the Master Lease. If BNSF succeeds to the rights of Licensor as the"Licensor" under this License, Licensee agrees that(i) BNSF shall not be liable or responsible for any breach of or default under this License arising prior to the date that BNSF succeeds to the rights of Licensee as the"Licensor" under this License; (ii) BNSF shall not be required to cure or correct any breach or default under this License arising prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License; and (iii) no breach of or default under this License arising prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License shall excuse, delay, release or relieve Licensee from the payment and performance of all of Licensee's duties and obligations under this License. The preceding sentence is not intended and shall not be construed to affect any rights or remedies of Licensee against Licensor arising or resulting from a breach of or default under this License by Licensor prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License. If BNSF succeeds to the rights of Licensor as the "Licensor"under this License, Licensee agrees to recognize BNSF as the"Licensor" under this License and timely tender payment and performance of Licensee's duties and obligations under this License to BNSF as if BNSF were named as"Licensor"in this License. COMPENSATION 7. (a) Licensee shall pay Licensor, annually in advance for this License the sum of Four Hundred and Twenty Five Dollars ($425 00) for the first year and One Hundred ($100.00) each year thereafter as compensation for the use of the Premises. (b) Licensor reserves the right to review the rental rate of this License. Licensor may make any necessary adjustments to the rate based on Licensor's standard rate review policies in effect at the time of the review. Licensor will provide Licensee written notice of any adjustment, within thirty (30) days of the review. Specifying a rental rate on a monthly, quarterly or annual basis and payment thereof in advance does not imply nor will it serve to convert the License to a definite term. (c) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Licensor, when deemed necessary by Licensors representative,will be borne by the Licensee. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (d) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty(30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty(30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Joumal in the preceding December plus two and one-half percent(2 1/2%), f and for the period July 1 through December 31,the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law,whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction("Legal Requirements") relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Pipeline License MR 1 F8orm 424 February 2015 Page 2 of 13 DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost" or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where I used. RIGHT OF LICENSOR TO USE 10. Licensor and BNSF except and reserve the right, to be exercised by Licensor and BNSF and any other parties who may obtain written permission or authority from Licensor or BNSF: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or I (c) to use the Premises in any manner as the Licensor or BNSF in each party's respective sole discretion deems appropriate, provided Licensor and BNSF use all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster at the number shown on Exhibit"A"at least five(5) business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor and BNSF, or the safe operation and activities of Licensor and BNSF. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor and BNSF have no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor or BNSF, or the safe operation and activities of Licensor and BNSF. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to haft construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor and BNSF have no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety Pipeline License MRL Form 424 February 2015 Page 3 of 13 19 of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor and BNSF, and preclude interference with the operation of the railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor or BNSF shall desire the use of the rail corridor in such a manner as would, in Licensor's or BNSF's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor or BNSF to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor or BNSF, as applicable, as may be necessary to avoid interference with the proposed use of the rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3)feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice g..q_, consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty(30) business days in advance of Licensee's requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor and BNSF prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's and BNSF's reasonable opinion that granular material is present, Licensor and BNSF may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's and BNSF's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor and BNSF have approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout;or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements_ 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove all of its equipment from the Premises; (b) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor and BNSF, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor and BNSF; Pipeline License MRL Form 424 February 2015 Page 4 of 13 (c) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (d) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (e) leave the Premises in the condition which existed as of the Effective Date of this License. 18. Licensee's on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, BNSF, BURLINGTON NORTHERN SANTA FE LLC AND EACH OF THE AFOREMENTIONED PARTIES' AFFILIATED COMPANIES, AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART); (i) THIS LICENSE,INCLUDING,WITHOUT LIMITATION,ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE,OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM,OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES (1) TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE OR(2)WHOLLY CAUSED BY THE SOLE NEGLIGENCE OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT AN INDEMNITEE IS AN "OWNER", "OPERATOR", "ARRANGER", OR"TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR OR BNSF TO CLAIMS THAT LICENSOR OR BNSF IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR OR BNSF BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. Pipeline License MRL Forth 424 February 2015 Page 5 of 13 21 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, [AND SHALL CAUSE ITS CONTRACTOR TO AGREE] REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT,AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from any Indemnitee, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against such Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless such Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF,WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this License the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for,but not limited to, the following: ♦ Bodily Injury and Property Damage. ♦ Personal Injury and Advertising Injury. ♦ Fire legal liability. ♦ Products and completed operations. This policy shall also contain the.following endorsements,which shall be indicated on the certificate of insurance: ♦ The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance.This insurance shall include coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Pipeline License MRL2Form 424 February 2015 Page 6 of 13 D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor and BNSF as the Insureds with separate coverage limits for Licensor and BNSF, each in an amount not less than $5,000,000 per occurrence and $10,000,000 in the aggregate, The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93). ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Licensor prior to performing any work or services under this License. E. Contractor's Pollution Legal Liability (CPL) Insurance. This insurance shall be in an amount of at least ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,0-00,000) in the aggregate including but not limited to coverage for the following: ♦ Bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death. ♦ Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed. ♦ Defense costs including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages. ♦ Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in BODILY INJURY, PROPERTY DAMAGE, or Remediation Expense. • If coverage is purchased on a "claims made" basis, lessee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation, or termination of this contract. Annually contractor agrees to provide evidence of such coverage as required hereunder. o Delete any bodily injury exclusions resulting from lead or asbestos. o Amend the Contractual Liability exclusions and employers' liability exclusion to provide coverage for liability assumed under contract. o Amend the definition of Property Damage to provide coverage for natural resource damage. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor and BNSF for all claims and suits against Licensor and BNSF. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor and BNSF for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor and BNSF for loss of its owned or leased property or property under its care, custody or control. Licensee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by any Indemndee. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation, Licensee's Pollution Legal Liability and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and BNSF as additional insureds with respect to work performed under this License. Severability of interest and naming Licensor and BNSF as additional insureds shall be indicated on the certificate of insurance. Licensee is not allowed to self-insure without the prior written consent of Licensor and BNSF. If granted by Licensor and BNSF, any deductible, self-insured retention or other financial responsibility for claims shall be Pipeline License MRL Form 424 February 2015 Page 7 of 13 23 i covered directly by Licensee in lieu of insurance. Any and all Licensor and BNSF liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. } Prior to commencing any work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance Iincluding an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments.The policy(ies)shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or I material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Licensor or BNSF arising out of this License, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this License.Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor and BNSF may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor and BNSF as additional insureds, and shall require that the subcontractor shall release, defend and indemnify Licensor and BNSF to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor and BNSF herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. The fact that insurance(including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor and BNSF shall not be limited by the amount of the required insurance coverage. For purposes of this section, BNSF shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA),the Clean Water Act,the Oil Pollution Act,the Hazardous Materials Transportation Act,CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Manager of Environmental Projects at(406) 523-1415 and to BNSF's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises and to Licensor's Manager of Environmental Projects at(406) 523- 1415, Licensor's Real Estate Department, promptly, in writing, and to BNSF's Manager Environmental Leases at (785) 435-2386 for any violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor's Manager of Environmental Projects, Licensor's Real Estate Department, promptly, in writing, and BNSF's Manager Environmental Leases immediate notice of all Pipeline License MR 2Foorm 424 February 2015 Page 8 of 13 measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation and shall provide to Lessor's Manager of Environmental Projects, Licensor's Real Estate Department, and BNSF's Manager Environmental Leases copies of all reports and/or data regarding any investigations or remediations of the Premises. (c) In the event that Licensor and/or BNSF have notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor and BNSF may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor and BNSF in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor and BNSF shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's and/or BNSF's request for information regarding said conditions or activities_ ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's and BNSF's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS LICENSE INTEREST IN OR BNSF'S TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. (a) If default shall be made in any of the covenants or agreements of Licensee contained in this document,or in case of any assignment or transfer of this License by operation of law, Licensor or BNSF may, at their option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor or BNSF of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's or BNSF's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor or BNSF may have at law or in equity. (b) In the event of a default by Licensee, Licensor shall be allowed to recover one hundred percent(100%)of its costs or outstanding amounts owed, including any amount received by a collection agency in connection with pursuing any unpaid portion of rent or other amounts due under this License on Licensor's behalf. Pipeline License MRL Fo25 424 February 2015 Page 9 of 13 LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however,that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor or BNSF, at any time, by serving thirty (30) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. I ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor and BNSF, which may be withheld in Licensor's and BNSF's sole discretion. 1 NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if(i)placed in the United States mail,certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty(30)days'advance written notice of such change in address. If to Licensor, at the address shown above. If to Licensee, at the address shown above. If to BNSF: BNSF Railway Company Jones Lange LaSalle Brokerage, Inc., Its Attorney in Fact 4200 Buckingham Road, Suite 110 Ft.Worth, TX 76155 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. Pipeline License MRL Form 424 February 2015 Page 10 of 13 APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Montana without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor or BNSF harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 38, The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. [Signature page follows] Pipeline License MRL Form 424 February 2015 Page 11 of 13 27 IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. LICENSOR Montana Rail Link, Inc., a Montana corporation By: Joe Gentri, Manager Real Estate Administration LICENSEE City of Bozeman By: Printed Name: Title: BNSF's execution in the space provided below evidences BNSF's consent to this License. This License is not valid and shall have no force and effect without BNSF's signature. BNSF BNSF Railway Company Jones Lange LaSalle Brokerage, Inc., Its Attorney in Fact 4200 Buckingham Road, Suite 110 Ft.Worth,TX 76155 By: Shane Krueger,Vice President Pipeline License MRLZFoorm 424 February 2015 Page 12 of 13 U.S. SPRINT COMMUNICATIONS COMPANY Notify Signal Supervisor Nathan Muck. HAS INSTALLED AN UNDERGROUND FIBER Livingston, (406)570.5993,AI Least Five(5) OPTIC CABLE ON MONTANA RAIL LINK Working Days Before Starting Work On RIGHT—OF—WAY IN THIS AREA. LOCATION 1 OF THIS CABLE AND AUTHORITY TO Ralroad Right- Way. A Railroad Flagger At 1 CROSS IT MUST BE OBTAINED FROM Permillee's Expense May Be Required. I U.S. SPRINT AT 1-1900-521-0579, Notify Roadmaster Chris Seymour,Belgrade, (406)223-3237.At Least Five(5)Working Days Before Starling Work On Railroad 1 Right-Of-Way. A Railroad Flagger AI Permittee's Expense May Be Required. 1 I 1 ' „,I 1 � / ` 1 / 1 1 4 1 1 1 — _ Q�l 1 TO HDNTLEY�' "womme foam w 11. ow 4w is STA. 04+08 1 \ MP. 0+0408' PIPELINE DATA CARRIER PIPE CASING PIPE CONTENTS: MUNICIPAL WASTEWATER WORKING PRESSURE: 0 PSI(GRAVITY) INSIDE DIAMETER: 23.74" 40,75" WALL THICKNESS: 1,032" .625" PIPE MATERIAL: PVC STEEL EXHIBIT "A" SPECIFICATION&GRADE: C900 35,000 PSI GRADE B TYPE OF JOINT: RESTRAINED JOINT WELDED COATING: NONE NONE Montana Rail Link NUMBER OF VENTS: 0 CATHODIC PROTECTION: NO NO ENGINEERING DEPARTMENT LENGTH ON RIGHT OF WAY: 131' 131' PLAT SHOWING:NE%V UNDERGROUND PIPELINE CROSSING METHOD OF INSTALLATION: DRY BORING BURY:BASE OF RAIL TO TOP OF CASING: 12,41' FOR: CITY OF BOZEhIAN BURY:TRACK DITCH TO TOP OF CASING: 8,75' BURY:GROUND TO TOP OF CASING: 8,75' BozerlAly GALLATIN r o ilTr C^ STITE A '.wTY iTtiE ANGLE WITH TRACK AT POINT OF CROSSING: 54' SECOND !"=200' MARCH 13. 2019 f1P14O-CITY OF BOZEMAN D+:E EqE 29 TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY No.602,187 OF MONTANA RAIL LINK,INC.PROPERTY 02BOZEMAN MONTANA RAIL LINK, INC. whose mailing address is Real Estate Department, PO Box 16624, Missoula, Montana 59808- 6624(hereinafter called"Railroad"), hereby grants permission to City of Bozeman, hereinafter called"Permittee", whose mailing address is: 20 E. Olive St. PO Box 1230 Bozeman,MT 59715 to enter upon its property for the purpose of a municipal wastewater pipeline crossing at the City of Bozeman, County of Gallatin, State of Montana at Milepost 0+0480, Survey Station 04+08 as shown on the plat dated March 13,2019 a copy of which is attached hereto as Exhibit"A" and made a part hereof. As a material consideration of this Agreement, without which it would not be granted, Permittee agrees, to the fullest extent provided by law, to release Railroad and to defend, indemnify and hold Railroad harmless from and against any liability, claim, cost or damage on account of personal injury to or death of any persons whomsoever, or damage to or destruction of property to whomsoever belonging, without regard to whether it was caused by defective trackage, equipment, or track structures. Nothing herein obligates Permittee to indemnify Railroad for Railroad's negligent acts or willful misconduct. This Agreement shall be and remain in full force and effect until a formal lease, permit or license is entered into by and between the parties hereto covering occupancy of the property. Railroad reserves the right to cancel this agreement without cause upon ten (10)days'written notice by Railroad. Permittee acknowledges that as a condition of this Agreement, without which it would not be granted, Permittee shall enter into a formal lease, permit or license within thirty (30) days of presentation to Permittee by Railroad. If Permittee fails to execute said Agreement then Railroad reserves the right to cancel this Temporary Advance Right of Entry. However, cancellation thereof shall not operate to release Permittee of any liability assumed and/or incurred by Permittee hereunder. Failure to execute this agreement within sixty(60)days of the effective date shall terminate any rights Permittee may have under this agreement. However, such failure shall not operate to relieve Permittee of any liabilities assumed hereunder. There is a Four Hundred Twenty Five Dollar ($425 00) fee for this Agreement. Permittee shall have a copy of this Agreement at the job site. Permittee shall provide Railroad's Roadmaster five (5) business days advance notice before entering upon Railroad's property. Permittee shall conduct the work authorized by this Agreement in such a manner as not to interfere with the maintenance and operation of Railroad's operations. Permittee shall, at its own expense, restore any facilities on the Railroad's property which are in any way disturbed by Permittee's work as authorized under this Agreement.A Flagman may be required at Permittee's expense and it shall be in Railroad's sole discretion as to whether flagging services are necessary. If Railroad determines that a Flagman is required, Permittee shall provide an advance deposit for the anticipated cost(s) of the flagging and shall reimburse Railroad for any remaining cost(s) within twenty (20) days after invoices are tendered. If Permittee requires any or all of the following work: removal and/or replacement of track or bridging; protection of track or other railway facilities by flagging; or engineering and/or supervision, such work is to be performed by Railroad employees or Railroad-authorized contractors and the cost shall be borne by Permittee. In the event of a default by Permittee, Railroad shall be allowed to recover one hundred percent (100%) of its costs or outstanding amounts owed, including any amount received by a collection agency in connection with pursuing any unpaid portion of rent or other amounts due under this Permit on Railroad's behalf. MRL TARE Municipality November 2012 Page 1 of 2 30 INSURANCE COVERAGE must be provided as follows: Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Permittee's own expense, the following insurance coverage: a. Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA. b. Automobile Liability Insurance with limits as provided for under Montana Law Section 2-9-108,MCA. C. Worker's Compensation Insurance for those of its employees who are concerned in any way with Permittee's performance under this Agreement. d. Railroad Protective Liability Insurance naming only the Railroad as the Insured with coverage of at least the following: • Railroad shall be named as the insured on such policy • Coverage limits shall be not less than$5,000,000 per occurrence and $10,000,000 aggregate • Permittee will remove any exclusion in its commercial general liability policy which excludes coverage of construction or demolition activities within 50 feet of a rail line. e. Permittee, as an option to the above referenced insurance coverages, excluding Railroad Protective Liability Insurance, may provide Railroad with a letter from Permittee's Risk Management Division, or its respective Insurance Department, evidencing the necessary insurance coverages satisfactory to Railroad. If Permittee is a qualified self insurer, Permittee agrees to treat Railroad as an additional insured as if there was insurance and to be responsible for payment of any self insured retention or deductible. f. Railroad may require Permittee to obtain a surety bond guaranteeing all or part of the Agreement. The surety bond shall be issued by a surety licensed to do business in the state where the property is located and in a form and amount acceptable to Railroad. The surety shall also hold Certificates of Authority as an Acceptable Surety listed in the US Department of Treasury's Federal Register. g. Any Party performing any work related to this Agreement shall have a copy of the Agreement at the designated job site. Other requirements: All of the above except for Workers Compensation Liability Insurance shall contain the following endorsements,which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property; • Shall release Railroad as to the payment of any earned premium; The furnishing of insurance required by this Agreement shall in no way limit or diminish the liability or responsibility of Permittee as provided under any section of the Agreement. The insurance certificate provided by Permittee must be satisfactory to the Railroad as to insurance carriers covering the risk. The parties have executed this Agreement in duplicate this 1°' day of May,2019 Montana Rail Link,Inc., a Montana corporation By: Joe Gentri, Manager Real Estate Administration CITY OF BOZEMAN By: Printed Name: Title: MRL TARE Municipality November 2012 Page 2 of 2 31 PIPELINE LICENSE NO.602,188 02BOZEMAN THIS LICENSE ("License"), made as of the 111 day of May, 2019 ("Effective Date") by and between MONTANA RAIL LINK, INC., a Montana corporation ("Licensor"), whose mailing address is PO Box 16624, Missoula, MT 59808- 6624 and physical address is 101 International Way, Missoula, MT 59808, and City of Bozeman ("Licensee"), whose address is 20 E. Olive St. PO Box 1230 Bozeman, MT 59715 RECITALS A. Licensor is in the railroad transportation business and leases a system of rail tracks ("Licensor's Track(s)") and various real properties associated therewith from BNSF Railway Company, a Delaware corporation ("BNSF"), pursuant to that certain Master Agreement between Licensor and BNSF dated July 21, 1987 ("Master Lease"), including the Premises described below which Licensee desires to license from Licensor. B. Licensor has agreed to license to Licensee the Premises, subject to the terms, conditions and limitations provided herein. AGREEMENTS NOW THEREFORE, in consideration of the mutual covenants contained herein,the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the"Drawings and Specifications"), one (1) Pipeline(s), 23.48 inches in diameter inside a uncased inch uncased casing ("PIPELINE"), across or along the rail corridor of Licensor at or near the station of Bozeman, County of Gallatin, State of Montana, Mile Post 140+1012, Survey Station 7402+12, as shown on the attached plat, dated March 13, 2019, attached hereto as Exhibit"A"and made a part hereof("Premises"). 2. Licensee shall not disturb any improvements of Licensor or BNSF or interfere with the use of such improvements. Licensee shall not disturb Licensor's or BNSF's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying municipal waste water. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or"hazardous substances", as "hazardous waste" and"hazardous substances"may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor or BNSF of the affected rail corridor, Licensor and BNSF shall not be liable to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. Pipeline License MRL Form 424 February 2015 Page 1 of 13 32 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 6. This License is subject and subordinate to the Master Lease. BNSF hereby agrees by its signature below to recognize Licensee's rights under this License, if, prior to the termination of this License, or to the expiration of the term of this License, the term of the Master Lease expires, the Master Lease is terminated or BNSF reenters and repossesses the Premises after a default by Licensor under the Master Lease. If BNSF succeeds to the rights of Licensor as the"Licensor" under this License, Licensee agrees that (i) BNSF shall not be liable or responsible for any breach of or default under this License arising prior to the date that BNSF succeeds to the rights of Licensee as the"Licensor" under this License; (ii) BNSF shall not be required to cure or correct any breach or default under this License arising prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License; and (iii) no breach of or default under this License arising prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License shall excuse, delay, release or relieve Licensee from the payment and performance of all of Licensee's duties and obligations under this License. The preceding sentence is not intended and shall not be construed to affect any rights or remedies of Licensee against Licensor arising or resulting from a breach of or default under this License by Licensor prior to the date that BNSF succeeds to the rights of Licensor as the "Licensor" under this License. If BNSF succeeds to the rights of Licensor as the "Licensor" under this License, Licensee agrees to recognize BNSF as the"Licensor" under this License and timely tender payment and performance of Licensee's duties and obligations under this License to BNSF as if BNSF were named as"Licensor" in this License. COMPENSATION 7. (a) Licensee shall pay Licensor, annually in advance for this License the sum of Four Hundred and Twenty Five Dollars ($425 00) for the first year and One Hundred ($100.00) each year thereafter as compensation for the use of the Premises. (b) Licensor reserves the right to review the rental rate of this License. Licensor may make any necessary adjustments to the rate based on Licensor's standard rate review policies in effect at the time of the review. Licensor will provide Licensee written notice of any adjustment, within thirty (30) days of the review. Specifying a rental rate on a monthly, quarterly or annual basis and payment thereof in advance does not imply nor will it serve to convert the License to a definite term. (c) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Licensor, when deemed necessary by Licensor's representative, will be borne by the Licensee. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (d) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty(30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction("Legal Requirements') relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Pipeline License MRL Form 424 February 2015 Page 2 of 13 33 DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost" or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor and BNSF except and reserve the right, to be exercised by Licensor and BNSF and any other parties who may obtain written permission or authority from Licensor or BNSF: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor or BNSF in each party's respective sole discretion deems appropriate, provided Licensor and BNSF use all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster at the number shown on Exhibit"A"at least five (5) business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor and BNSF, or the safe operation and activities of Licensor and BNSF. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor and BNSF have no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor or BNSF, or the safe operation and activities of Licensor and BNSF. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor and BNSF have no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety Pipeline License MRL Form 424 February 2015 Page 3 of 13 34 of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor and BNSF, and preclude interference with the operation of the railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor or BNSF shall desire the use of the rail corridor in such a manner as would, in Licensor's or BNSF's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor or BNSF to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor or BNSF, as applicable, as may be necessary to avoid interference with the proposed use of the rail corridor, including, without limitation, the relocation of the existing or the construction of a new PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3)feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, rop vided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice e.c., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor and BNSF prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's and BNSF's reasonable opinion that granular material is present, Licensor and BNSF may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's and BNSF's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor and BNSF have approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement, No excavated materials may remain on Licensor's property for more than ten (10)days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove all of its equipment from the Premises; (b) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor and BNSF, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor and BNSF; Pipeline License MRL'3Form 424 February 2015 Page 4 of 13 (c) report and restore any damage to the Premises arising from,growing out of, or connected with Licensee's use of the Premises; (d) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (e) leave the Premises in the condition which existed as of the Effective Date of this License. 18. Licensee's on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, BNSF, BURLINGTON NORTHERN SANTA FE LLC AND EACH OF THE AFOREMENTIONED PARTIES' AFFILIATED COMPANIES, AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (I) THIS LICENSE, INCLUDING,WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (Ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES (1) TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE OR(2)WHOLLY CAUSED BY THE SOLE NEGLIGENCE OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT AN INDEMNITEE IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR OR BNSF TO CLAIMS THAT LICENSOR OR BNSF IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR OR BNSF BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. Pipeline License MRL Form 424 February 2015 Page 5 of 13 (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, [AND SHALL CAUSE ITS CONTRACTOR TO AGREE] REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from any Indemnitee, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against such Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless such Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF,WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this License the following insurance coverage: A. Commercial General Liability Insurance.This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to,the following: ♦ Bodily Injury and Property Damage. ♦ Personal Injury and Advertising Injury. ♦ Fire legal liability. ♦ Products and completed operations. This policy shall also contain the following endorsements,which shall be indicated on the certificate of insurance: ♦ The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. e Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: e Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance.This insurance shall include coverage for, but not limited to: ♦ Licensee's statutory liability under the worker's compensation laws of the state(s)in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Pipeline License MR3 Form 424 February 2015 Page 6 of 13 D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor and BNSF as the Insureds with separate coverage limits for Licensor and BNSF, each in an amount not less than $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93). ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Licensor prior to performing any work or services under this License. E. Contractor's Pollution Legal Liability (CPL) Insurance. This insurance shall be in an amount of at least ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,0-00,000) in the aggregate including but not limited to coverage for the following: ♦ Bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death. ♦ Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed. ♦ Defense costs including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages. ♦ Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in BODILY INJURY, PROPERTY DAMAGE, or Remediation Expense. ♦ If coverage is purchased on a "claims made" basis, lessee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation, or termination of this contract. Annually contractor agrees to provide evidence of such coverage as required hereunder. ♦ Delete any bodily injury exclusions resulting from lead or asbestos. ♦ Amend the Contractual Liability exclusions and employers' liability exclusion to provide coverage for liability assumed under contract. ♦ Amend the definition of Property Damage to provide coverage for natural resource damage. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor and BNSF for all claims and suits against Licensor and BNSF. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor and BNSF for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor and BNSF for loss of its owned or leased property or property under its care,custody or control. Licensee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by any Indemnitee. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation, Licensee's Pollution Legal Liability and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and BNSF as additional insureds with respect to work performed under this License. Severability of interest and naming Licensor and BNSF as additional insureds shall be indicated on the certificate of insurance. Licensee is not allowed to self-insure without the prior written consent of Licensor and BNSF. If granted by Licensor and BNSF, any deductible, self-insured retention or other financial responsibility for claims shall be Pipeline License MRL Form 424 February 2015 Page 7 of 13 38 covered directly by Licensee in lieu of insurance. Any and all Licensor and BNSF liabilities that would otherwise, in accordance with the provisions of this License, be covered by Licensee's insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing any work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Licensor or BNSF arising out of this License, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this License.Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor and BNSF may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor and BNSF as additional insureds, and shall require that the subcontractor shall release, defend and indemnify Licensor and BNSF to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor and BNSF herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. The fact that insurance(including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor and BNSF shall not be limited by the amount of the required insurance coverage. For purposes of this section, BNSF shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA),the Clean Water Act,the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Manager of Environmental Projects at (406) 523-1415 and to BNSF's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises and to Licensor's Manager of Environmental Projects at (406) 523- 1415, Licensor's Real Estate Department, promptly, in writing, and to BNSF's Manager Environmental Leases at (785) 435-2386 for any violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor's Manager of Environmental Projects, Licensor's Real Estate Department, promptly, in writing, and BNSF's Manager Environmental Leases immediate notice of all Pipeline License MRL3Foorm 424 February 2015 Page 8 of 13 measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation and shall provide to Lessor's Manager of Environmental Projects, Licensor's Real Estate Department, and BNSF's Manager Environmental Leases copies of all reports and/or data regarding any investigations or remediations of the Premises. (c) In the event that Licensor and/or BNSF have notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor and BNSF may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor and BNSF in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor and BNSF shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's and/or BNSF's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's and BNSF's prior written consent. NO WARRANTIES 24, LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS LICENSE INTEREST IN OR BNSF'S TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. (a) If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor or BNSF may, at their option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor or BNSF of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's or BNSF's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor or BNSF may have at law or in equity. (b) In the event of a default by Licensee, Licensor shall be allowed to recover one hundred percent (100%) of its costs or outstanding amounts owed, including any amount received by a collection agency in connection with pursuing any unpaid portion of rent or other amounts due under this License on Licensor's behalf. Pipeline License MRL Form 424 February 2015 Page 9 of 13 40 LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, 'Taxes") levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor or BNSF, at any time, by serving thirty (30) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor and BNSF, which may be withheld in Licensor's and BNSF's sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if(i)placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty(30)days'advance written notice of such change in address. If to Licensor, at the address shown above. If to Licensee, at the address shown above. If to BNSF: BNSF Railway Company Jones Lange LaSalle Brokerage, Inc., Its Attorney in Fact 4200 Buckingham Road, Suite 110 Ft.Worth, TX 76155 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. Pipeline License MR4 Form 424 February 2015 Page 10 of 13 APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Montana without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor or BNSF harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. [Signature page follows) Pipeline License MRL Form 424 February 2015 Page 11 of 13 42 IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. LICENSOR Montana Rail Link, Inc., a Montana corporation By: Joe Gentri, Manager Real Estate Administration LICENSEE City of Bozeman By: Printed Name: Title: BNSF's execution in the space provided below evidences BNSF's consent to this License. This License is not valid and shall have no force and effect without BNSF's signature. BNSF BNSF Railway Company Jones Lange LaSalle Brokerage, Inc., Its Attorney in Fact 4200 Buckingham Road, Suite 110 Ft.Worth, TX 76155 By: Shane Krueger,Vice President Pipeline License MRL4o 424 February 2015 Page 12 of 13 Z Y s Z 1 zm o `r E, z Y 1 UZJ���n L: J 1 S r Z��W�Wi `4 Hw a `9 Z FWz< w ~ v � 1 �Z�N<mo a. a o o e- 3zx zw 1 W - m F C--+ a 1 r K < zQm_ ►--1 C o 0 0o0� i Ch W r a' 4� =`m ,:<2 H 4' z H � �o _� x c a i vv, I=N N �/) SO w � - �=~O �, L z w LL L N N<C I..2Kv! I I D=ogxoc» ►r z _in i (h z o a oo-� } N w 0_u LL W ri:u5�O w Q' OS qll i d; m moq m o¢_ 2 m 2 I j< N N mvi`Qm �LL�9m I I O O O Z m m Q 'I VV WW O �5 o3 � u6 c< Zw n om0 °' mmo . n 5 1 7Z - ;�w z,�om 2W I wd V) � Ngc m"' rrNmO°' Z CL �'�' °.F r i t E ._ - o- 6- m o:6 z'�3¢a z?o¢a ^ I — O MS zy coGo � rn co m a coo w = U w Y F-- - - � N z drb .TI _ _ —QNFO — — I IIIIIIIIIII QQ Nw � a azC a U Fz Il � O a n cJz o } zow w :� LLQ O O -jQ O Oi O F Oi- Jcc � OCCW - F F w z � 0 a 0 z D o O I wwzaOz 5i V, . Yz ~ I w � C) za c5 < UO 00 0 z z E = < — c J w — w F 0 z w 0F0 w CO M � _ LL z � Jw0J < oOQa F � M O w d � co Z U -j :5 a) co 44 TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY No.602,188 OF MONTANA RAIL LINK,INC.PROPERTY 02BOZEMAN MONTANA RAIL LINK, INC, whose mailing address is Real Estate Department, PO Box 16624, Missoula, Montana 59808- 6624(hereinafter called"Railroad"), hereby grants permission to City of Bozeman, hereinafter called"Permittee", whose mailing address is: 20 E.Olive St. PO Box 1230 Bozeman,MT 59715 to enter upon its property for the purpose of a municipal wastewater pipeline crossing at the City of Bozeman, County of Gallatin, State of Montana at Milepost 140+1012 - 140+1503, Survey Station 7402+12 - 7407+03 as shown on the plat dated March 13,2019 a copy of which is attached hereto as Exhibit"A"and made a part hereof. As a material consideration of this Agreement, without which it would not be granted, Permittee agrees, to the fullest extent provided by law, to release Railroad and to defend, indemnify and hold Railroad harmless from and against any liability, claim, cost or damage on account of personal injury to or death of any persons whomsoever, or damage to or destruction of property to whomsoever belonging, without regard to whether it was caused by defective trackage, equipment, or track structures. Nothing herein obligates Permittee to indemnify Railroad for Railroad's negligent acts or willful misconduct. This Agreement shall be and remain in full force and effect until a formal lease, permit or license is entered into by and between the parties hereto covering occupancy of the property. Railroad reserves the right to cancel this agreement without cause upon ten (10)days'written notice by Railroad. Permittee acknowledges that as a condition of this Agreement, without which it would not be granted, Permittee shall enter into a formal lease, permit or license within thirty (30) days of presentation to Permittee by Railroad. If Permittee fails to execute said Agreement then Railroad reserves the right to cancel this Temporary Advance Right of Entry. However, cancellation thereof shall not operate to release Permittee of any liability assumed and/or incurred by Permittee hereunder. Failure to execute this agreement within sixty(60)days of the effective date shall terminate any rights Permittee may have under this agreement. However, such failure shall not operate to relieve Permittee of any liabilities assumed hereunder. There is a Four Hundred Twenty Five Dollar ($425.00) fee for this Agreement. Permittee shall have a copy of this Agreement at the job site. Permittee shall provide Railroad's Roadmaster five (5) business days advance notice before entering upon Railroad's property. Permittee shall conduct the work authorized by this Agreement in such a manner as not to interfere with the maintenance and operation of Railroad's operations. Permittee shall, at its own expense, restore any facilities on the Railroad's property which are in any way disturbed by Permittee's work as authorized under this Agreement.A Flagman may be required at Permittee's expense and it shall be in Railroad's sole discretion as to whether flagging services are necessary. If Railroad determines that a Flagman is required, Permittee shall provide an advance deposit for the anticipated cost(s) of the flagging and shall reimburse Railroad for any remaining cost(s) within twenty (20) days after invoices are tendered. If Permittee requires any or all of the following work: removal and/or replacement of track or bridging; protection of track or other railway facilities by flagging; or engineering and/or supervision, such work is to be performed by Railroad employees or Railroad-authorized contractors and the cost shall be bome by Permittee. In the event of a default by Permittee, Railroad shall be allowed to recover one hundred percent (100%) of its costs or outstanding amounts owed, including any amount received by a collection agency in connection with pursuing any unpaid portion of rent or other amounts due under this Permit on Railroad's behalf. MRL TARE Municipality November 2012 Page 1 of 2 45 INSURANCE COVERAGE must be provided as follows: Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Permittee's own expense, the following insurance coverage: a. Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA. b. Automobile Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA. C. Worker's Compensation Insurance for those of its employees who are concerned in any way with Permittee's performance under this Agreement. d. Railroad Protective Liability Insurance naming only the Railroad as the Insured with coverage of at least the following: • Railroad shall be named as the insured on such policy • Coverage limits shall be not less than $5,000,000 per occurrence and $10,000,000 aggregate • Permittee will remove any exclusion in its commercial general liability policy which excludes coverage of construction or demolition activities within 50 feet of a rail line. e. Permittee, as an option to the above referenced insurance coverages, excluding Railroad Protective Liability Insurance, may provide Railroad with a letter from Permittee's Risk Management Division, or its respective Insurance Department, evidencing the necessary insurance coverages satisfactory to Railroad. If Permittee is a qualified self insurer, Permittee agrees to treat Railroad as an additional insured as if there was insurance and to be responsible for payment of any self insured retention or deductible. f. Railroad may require Permittee to obtain a surety bond guaranteeing all or part of the Agreement. The surety bond shall be issued by a surety licensed to do business in the state where the property is located and in a form and amount acceptable to Railroad. The surety shall also hold Certificates of Authority as an Acceptable Surety listed in the US Department of Treasurys Federal Register. g. Any Party performing any work related to this Agreement shall have a copy of the Agreement at the designated job site. Other requirements: All of the above except for Workers Compensation Liability Insurance shall contain the following endorsements,which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property; • Shall release Railroad as to the payment of any earned premium; The furnishing of insurance required by this Agreement shall in no way limit or diminish the liability or responsibility of Permittee as provided under any section of the Agreement. The insurance certificate provided by Permittee must be satisfactory to the Railroad as to insurance carriers covering the risk. The parties have executed this Agreement in duplicate this 1'' day of May, 2019 Montana Rail Link, Inc., a Montana corporation By: Joe Gentri, Manager Real Estate Administration CITY OF BOZEMAN By: Printed Name: Title: MRL TARE Municipality November 2012 Page 2 of 2 46 WETLAND PERMIT ' SRI Missouri Headwaters,LLC �f! %Swift River Investments,LLC a L y 4 53 Williams Street Upton,MA 01568 IWO- - r� NOTIFICATION OF ACCEPTANCE OF LIABILITY FOR MITIGATION REQUIREMENT US ARMY CORPS OF ENGINEERS FILE NUMBER NWO-2019-00718-MTB City of Bozeman, Front Street Interceptor Sanitary Sewer Replacement with Impacts to wetlands associated with the East Gallatin River, Gallatin County(Bozeman), MT To the US Army Corps of Engineers, Omaha District, Montana State Regulatory Office (the "Corps"): City of Bozeman ("Permittee") has been issued a Section 404 Clean Water Act permit, with Permit No. NWO-2019-00718-MTB (the "Permit"). The Permit authorizes Permittee to purchase mitigation credits from a "third-party provider" as specified in 33 CFR 332, in this case the Upper Missouri Mitigation Bank, sponsored by SRI Missouri Headwaters, LLC (the "Bank") to mitigate Permittee's impacts to the following aquatic resources: Front Street Interceptor Sanitary Sewer Main Replacement, impacting 0.23 acres of emergent wetlands in Gallatin County, Montana requiring 0.23 wetland credits as compensatory mitigation with such mitigation hereafter referred to as the "Mitigation Requirement". Pursuant to the terms and conditions of a Mitigation Credit Purchase Agreement and Acknowledgment, executed by Permittee and the Bank, and following payment in full by Permittee for the specified mitigation credits, the Bank has agreed to accept responsibility for the Mitigation Requirement in perpetuity. The Bank, by acceptance of payment for the Mitigation Requirement, acknowledges that the Bank is responsible for the off-site compensatory mitigation activities as required in the Permit and agrees to complete the off-site compensatory mitigation in accordance with provisions specified in the Mitigation Bank Agreement dated October 12, 2012, executed by the Corps District Commander March 7, 2013. Dated this 17t" day of January, 2020. FOR: SRI Missouri Headwaters, LLC, Sponsor By , its Agent David D Patric , Jr Principal Eco-Asset Ma age ent, LLC DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15T"STREET,SUITE 2200 HELENA, MONTANA 59626 REPLY TO ATTENTION OF November 25, 2019 Regulatory Branch Montana State Program Corps No. NWO-2019-00718-MTB Subject: City of Bozeman — Front Street Interceptor Sanitary Sewer Main Replacement City of Bozeman, Shawn Kohtz, P.E. c/o Stahley Engineering & Associates, Inc. Attn: Scott Short 851 Bridger Drive, Suite 1 Bozeman, MT 59718 Dear Mr. Short We are responding to your request, on behalf of the City of Bozeman, for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located from Latitude 45.6885970, Longitude -111.0269940 to Latitude 45.673088°, Longitude -111.015053°, within Section 7/8, Township 2 S, Range 6 E, Bozeman, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: Work Description Item Install sewer main line from approximately STA 29+50 to 36+50 via trenching, the clearing of trees and shrubs along approximately 14-foot a' width of access easement will result in wetland conversion, permanently impacting approximately 0.07 acre of wetlands. Additional permanent impacts (wetland conversion) to 0.22 acre of b wetland related to the install of sewer main line from approximately STA 29+50 to 36+50, overlaps with previously authorized proposed impacts under permit NWO-2015-01400-MTH. Install sewer main line from approximately STA 44+25 to 51+25 via C. trenching, and construct a 12-foot wide access road, permanently impacting approximately 0.16 acre of wetlands. Install sewer main line from approximately STA 52+75 to 55+75 via d. trenching, temporarily impacting approximately 0.074 acre of wetlands and 0.002 acre of irrigation ditch. Printed on®Recycled Paper -2- Work Description Item The project will be constructed as detailed in the drawing entitled "Front Street Interceptor Sanitary Sewer Main Replacement", prepared and e. submitted by Stahley Engineering & Associates, Inc., initially received June 28, 2019 and page C3.8 update received July 29, 2019. 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. Based on the information you provided, the proposed activities, annotated in Work Item a. and c. above, permanently affecting 0.07 acre of palustrine forested wetlands and 0.16 acre of palustrine emergent wetlands, and annotated in Work Item d. above, temporarily affecting 0.074 acre of palustrine emergent wetlands and 0.002 acre of intermittent ditch, are authorized by NWP 12 Utility Line Activities. The NWP can be found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes the NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. In addition to conditions referenced above, the following special conditions apply: Condition Description To mitigate for unavoidable impacts to 0.23 acre of waters of the United States, you shall purchase 0.23 acres wetland mitigation credit at the Upper Missouri River Mitigation Bank or another Corps approved mitigation bank prior to commencing the authorized impacts. The selected mitigation bank shall include the area of the permitted project within its service area. 1' Written proof of the mitigation credit purchase shall be provided to the Corps of Engineers prior to initiation of construction activities. Upon receipt of such proof, all liabilities for the success, monitoring, and long-term management of the mitigation bank covered by this authorization will become the responsibility of the mitigation bank sponsor. The permittee will have satisfied all mitigation requirements for this permit. Printed on®Recycled Paper -3- Condition Description For the additional 0.22 acre of unavoidable impacts to waters of the United States, identified in work item b. above, compensatory mitigation was satisfied through the purchase of wetland mitigation credit by Delaney & Company on December 13, 2018, for the proposed impacts under Corps Permit Number NWO-2015-01400-MTH. However, if the proposed impacts 2 under Corps Permit Number NWO-2015-01400-MTH are not completed, and thus the related wetland mitigation credit purchase is rescinded/refunded, then you shall provide compensatory mitigation through the purchase of 0.22 acre of wetland mitigation credit at the Upper Missouri River Mitigation Bank or another Corps approved mitigation bank, and provide written proof of purchase, within 60 days of notification from the Corps to do so. In order to ensure the full restoration of all temporary wetland impacts to the MDT 1-90 East Wetland Mitigation Site, you must submit a restoration 3. and monitoring plan to this office. The restoration and monitoring plan must be approved by the Corps prior impacts to the MDT 1-90 East Wetland Mitigation Site. You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. The Montana Department of Environmental Quality has waived the CWA Section 401 water quality certification for this NWP. This does not eliminate the need to obtain other permits that may be required by that agency. This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific special conditions listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. Printed on®Recycled Paper -4- In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP. 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://corpsmapu.usace.army.mil/cm apex/f?p=regulatory survey. If 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 refer to identification number NWO-2019-00718-MTB in any correspondence concerning this project. If you have any questions, please contact Marena Gilbert at Post Office Box 7032, Billings, Montana 59103, by telephone at (406) 657-5912, or by email at Marena.A.Gilbert(@-usace.army,mil. Sincerely, � y Sage L. Joyce Acting Montana Program Manager Enclosures: Compliance Certification Fact Sheet for NWP 12 Utility Line Activities with Montana Regional Conditions Copy Furnished with Enclosures: Becky Clements, Gallatin Conservation District, via email at admin@gallatin.org Printed on®Recycled Paper -5- COMPLIANCE CERTIFICATION Corps File Number: NWO-2019-00718-MTB Permit Type: NWP 12 Utility Line Activities Name of Permittee: City of Bozeman/Shawn Kohtz, P.E. County: Gallatin County, Montana Date of Issuance: November 25, 2019 Corps Project Manager: Marena Gilbert 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 Omaha District Billings Regulatory Office Post Office Box 7032 Billings, Montana 59103 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 Printed on®Recycled Paper _0Hlu `�• esr C IL o- U STAH LY r a STAHLY ENGINEERING - & ASSOCIATES PROFESSIONAL w ENGINEERS 8 SURVEYORS w .seaeag.com 2223 MONTANA AVE. II01 STE. T1 BILLINGS, MT 59101 Phan e:(40)SO06)6011-4055 Fax:(406)601-4062 II 3530 CENTENNIAL DR. HELENA, MT 59601 •� • Phoae:(406)442—B594 Fax:(40 6)442-8557 851 BRIDGER DR. STE. i BOZEMAN, MT 59715 Phone:(406)522-9525 Fax:(405)522-9528 ISSUE/REVISION No.I DATE BY 1 06-05-19 SJS DESCRIPTION WETLAND PERMIT I - APPLICATION No.I DATE BY 2 107-26-191 SJS DESCRIPTION M RESPONSECOE COMMENTS © No. DATE BY 3 DESCRIPTION j No. DATE BY 4 \ x` DESCRIPTION v No. DATE BY 5 • • DESCRIPTION 4 O d � Z wQ F = 1 W w Z Q = Z LU w w = zQ WETLANDS - NO IMPACT ALLOWED ~ `� r.� � W } g zw maw w0 om - PERMANENTLY IMPACTED WETLANDS (0.228 ACRES) z < m U_ PERMANENTLY IMPACTED WETLANDS (0.222 ACRES) _ MITIGATION PER NWO-2015-01400-MTH - TEMPORARY IMPACTED WETLANDS (0.076 ACRES) 150-t �, { ! " AM WETLANDS r:, 1e'*• DESIGNED:SJS T ' } } F �t'_-.-s DRAWN: SJS IMPACTED CHANNEL: MDT LAND - 44 FT :�1 , ��� - f �„ - - " . CHECKED: GMS pw AUDUBON LAND - 39FT ., . - DATE: 01-03-2019 SHEET -- EXHIBIT #lA Effective 19 March 2017 Nationwide Permit 12 Utility Line Activities Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. I Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines, including outfall and intake structures. There must be no change in pre-construction contours of waters of the United States. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any I purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio, and television communication. The term "utility line" does not include activities that drain a water of I the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or f expand substation facilities. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. I Effective 19 March 2017 Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non- tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre- construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP authorizes, to the extent that Department of the Army authorization is required, temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to waters of the United States through sub-soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. These remediation activities must be done as soon as practicable, to restore the affected waterbody. District engineers may add special conditions to this NWP to require a remediation plan for addressing inadvertent returns of drilling fluids to waters of the United States during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) The activity involves mechanized land clearing in a forested wetland for the utility line right- Effective 19 March 2017 of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10- acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: Where the utility line is constructed or installed in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, a copy of the NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Utility line activities must comply with 33 CFR 330.6(d). Note 3: Utility lines consisting of aerial electric power transmission lines crossing navigable waters of the United States (which are defined at 33 CFR part 329) must comply with the applicable minimum clearances specified in 33 CFR 322.5(i). Note 4: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills. Note 5: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 6: This NWP authorizes utility line maintenance and repair activities that do not qualify for the Clean Water Act section 404(f) exemption for maintenance of currently serviceable fills or fill structures. Note 7: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities. I Effective 19 March 2017 Note 8: For NWP 12 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, l including other separate and distant crossings that require Department of the Army authorization but do not require pre- construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). F Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one j or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against ` the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound i Effective 19 March 2017 water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. Effective 19 March 2017 To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. Effective 19 March 2017 (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect' a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre- construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 Effective 19 March 2017 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non- Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district Effective 19 March 2017 engineer will notify the non-federal applicant within 45 days of receipt of a complete pre- construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http:H www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include Effective 19 March 2017 background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Effective 19 March 2017 Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed '00-acre and require pre- construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of IA O-acre or less that require pre- construction notification, the district engineer may determine on a case-by- case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory Effective 19 March 2017 mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not Effective 19 March 2017 practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 12- acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 12- acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee- responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Effective 19 March 2017 Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-BY-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed "-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide Effective 19 March 2017 permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USAGE project"), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the Effective 19 March 2017 information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district Effective 19 March 2017 engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act. (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and Effective 19 March 2017 (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) All NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or Effective 19 March 2017 economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. 5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). Effective 19 March 2017 2017 NATIONWIDE PERMITS REGIONAL CONDITIONS OMAHA DISTRICT STATE OF MONTANA 1. PCN Requirement. For all NWPs, permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for regulated activities, located within or comprised of the following: a. Wetlands Classified as Peatlands. Peatlands are seasonally waterlogged areas with a surface accumulation of peat (organic matter) 30 centimeters (12 inches) or more thick. Any peat-covered areas, including fens, bogs, and muskegs, are all peatlands. i. PCN required for NWP 3, 5, 6, 20, 27, 32, and 38. ii. All NWPs not listed above are revoked for use in peatlands. b. Waters Adjacent to Natural Springs. Any projects located within 100 feet of the water source in natural spring areas. A spring is defined as any location where there is groundwater flow emanating from a distinct point. Springs do not include seeps or other groundwater discharge areas where there is no distinct point source. c. Bank Stabilization Activities. Any project that involves bank stabilization greater than 300 linear feet or includes features that extend out from the existing bank line greater than 25% of the bankfull channel width. d. Channel Straightening and Relocation Activities. Any project that involves straightening, relocating and/or shortening an existing perennial stream channel. e. Tribal Reservations and Tribal Trust Lands. Any projects within the boundaries of any Tribal Reservation or Tribal trust lands. f. Specific Waterways Requiring PCN. Any projects within the following waterways and their impoundments: -Bitterroot River -Flathead Lake -Clark Fork River (tributary to the -Milk River Columbia River) -Missouri River -Flathead River -Yellowstone River 2. Bank and Shoreline Stabilization Activities. The following additional requirements apply to all bank and shoreline stabilization: a. The revetment must conform to the existing bankline; must not extend above the top of the bank (i.e. no new levees); and the slopes must be flatter than the angle of repose for the selected revetment material (i.e. rock riprap normally needs to be placed on a slope flatter than 1.5 Horizontal to 1 Vertical Effective 19 March 2017 (1.5H:1 V). b. The revetment must not wholly or partially block flows from entering a side channel or an overflow channel. 3. Counter-Sinking Riprap Associated with Culvert Installation. When riprap inlet and outlet protection is used below the OHWM (OHWM), it must be placed to match the adjacent culvert bottom elevations. Where culvert bottom elevations are lower than the stream bed elevation, the riprap must match the culvert elevation. 4. Placement and Removal of Temporary Fills. Temporary fills in wetlands must be placed on a horizontal marker layer, such as fabric or certified weed-free straw, to delineate the pre-project ground elevation and facilitate complete fill removal and site restoration. 5. Erosion and Sediment Control Blanket. All erosion control blanket or fabric used in or adjacent to waters of the U.S. must be comprised of degradable material to ensure decomposition. Do not use material that includes stabilized netting or stabilized open mesh, as these products take a long time to degrade and they can trap small animals, birds, amphibians and fish. This prohibition also applies to mesh materials used for wattles, rolled materials, and bank wraps. Erosion control blanket or fabrics that break down within 24 months are acceptable. Non-degradable blankets or fabric may be allowed on a case-specific basis if it will be buried beneath riprap or structures and it is not likely to be exposed. Non-degradable blanket or fabric that becomes exposed within waters of the U.S. must be removed. 6. Suitable Material. NWP General Condition No. 6 prohibits the use of unsuitable material. Specific criteria can be found in the Omaha District's "Generic Prohibitions Regarding the Use of Certain Materials as Fill in Waters of the United States" and MT Department of Environmental Quality's (DEQ) "Specifications for use of Concrete Riprap for Streambank Stabilization," which apply to proposed work in jurisdictional waters. REGIONAL CONDITIONS APPLICABLE TO SPECIFIC NATIONWIDE PERMITS 7. NWP-3 — Maintenance and NWP-45 — Repair of Uplands Damaged by Discrete Events. The definition of"discrete event," as used in these permits, includes, but is not limited to, unexpected natural and human-caused events such as fires, storms, landslides, avalanches, earthquakes, accidents, debris or ice jams, and floods. For the purpose of the NWPs, discrete event floods are stream flow events that overflow the OHWM. 8. NWP-7 — Outfall Structures and Associated Intake Structures and NWP-12 — Utility Line Activities. Inlet screens for intakes in the Yellowstone River or the Missouri River in Blaine, Chouteau, Custer, Dawson, Fergus, Garfield, McCone, Effective 19 March 2017 Petroleum, Phillips, Prairie, Richland, Roosevelt, Valley and Wibaux Counties must be installed on all pump intakes with a screen mesh opening size no larger than 0.25 inch. Water intake velocities must not exceed 0.5 foot per second through the mesh. Intakes must be located in the deepest water available and be elevated off the bottom of the river bed. REGIONAL CONDITIONS APPLICABLE ONLY TO THE SPECIAL RIVER MANAGEMENT ZONE OF THE UPPER YELLOWSTONE RIVER Special River Management Zone (SRMZ) of the Upper Yellowstone River is defined within the Special Area Management Plan (SAMP) as the 48-mile reach of the upper Yellowstone River (River Miles 531.8 to 483.6) from upstream of Emigrant River downstream to a few miles below the Shields River and Mission Creek confluences (0.7 miles downstream from the bridge at the community of Springdale). It includes secondary channels, side channels, and the main (primary) channels, and adjacent wetlands within the channel migration zone (CMZ) or, in absence of a CMZ, within areas flooded by the 100-year discharge. The SMRZ is located entirely within Park County. In addition to Regional Conditions 1 through 8, the following Regional Conditions 9 through 24 apply within the SRMZ described above: 9. SRMZ— Notification — All NWPs. Permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for any regulated activity in waters of the U.S. within the SRMZ. This includes all activities within the Yellowstone River, the portions of tributaries within the SRMZ, and wetlands within the SRMZ. 10.SRMZ— Emergency Work. Activities requiring a Department of the Army (DA) Permit that is necessary to prevent imminent loss of life or property is allowed within the SRMZ. Contact the Corps as soon as reasonably possible by telephone at 406-441-1375 and/or by Fax at 406-441-1380. Contact may also be made in person or by sending an e-mail to: CENWO.ODRMT@usace.army.mil. All such work will be fully reviewed under the SAMP provisions. 11 .SRMZ - NWPs Revoked for Use. The following NWPs have been revoked for all waters and activities within the 48-mile SRMZ: NWP 17 - Hydropower Projects NWP 21 - Surface Coal Mining Activities NWP 29 - Residential Developments NWP 39 - Commercial and Institutional Developments NWP 42 - Recreational Facilities NWP 43 - Stormwater Management Facilities NWP 44 - Mining Activities NWP 45 - Repair of Uplands Damaged by Discrete Events NWP 49 - Coal Remining Activities Effective 19 March 2017 NWP 50 - Underground Coal Mining Activities 12.SRMZ — Activities Requiring Individual Permit Review. The following project activities are not authorized under a NWP in the SRMZ. These projects typically have more than minimal adverse impacts and must be reviewed under standard (individual) permit procedures. a. New dams, new diversions, and/or new impoundments for any purpose; b. Construction of ponds and new artificial stream channels, unless they are necessary and appropriate elements of a stream or wetland restoration project; c. Hydraulic dredging and mining and mechanical excavation to obtain aggregate, fill material, or minerals, including gold. Processing of material for the purpose of obtaining select minerals or a specific gradation of material, where only a portion of the sediment or alluvium is removed and the remainder returned to the SRMZ, is not allowed under a NWP in the SRMZ. 13.SRMZ - Bank Stabilization Activities - All NWPs. For bank stabilization activities associated with any NWP, including maintenance of bank stabilization, the following Regional Conditions apply: For bank revetments such as riprap, root wads, bioengineered revetments, or combination revetments, a. through e. apply: a. Revetments must conform to the existing eroded or eroding bankline, unless such work is determined by the Corps to be biologically or geomorphically beneficial for the upper Yellowstone River. b. Revetment slopes must be flatter than the angle of repose for the selected revetment material. For example, rock riprap normally needs to be placed on a slope flatter than 1.5HIV. c. Revetments are only permittable under NWPs if they are parallel to and near the lateral boundaries of the SRMZ. d. Revetments must not extend above the elevation of the adjacent natural bank height (i.e., no new levees). e. Revetments must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. For bank stabilization structures that project into the stream, such as weirs, barbs, vanes, or hard points, f. through k. apply: f. Bank stabilization structures must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. Effective 19 March 2017 g. Bank stabilization structures are only permittable under NWPs if they result in an effective bankline that is approximately parallel to and near the lateral boundaries of the CMZ. h. Bank stabilization structures must be keyed into the bank far enough to prevent flanking. i. Bank stabilization structures cannot occupy more than 10% of the bankfull channel area. Bankfull channel area pertains to the specific primary or secondary channel in question, and is not the aggregate channel area of all primary and secondary channels in multi-channel reaches. j. Bank stabilization structures must not present hazardous obstructions to boating, floating, or other river uses. k. Bank stabilization structures that are low in elevation, project only a short distance out from the bank, and angle upstream are more likely to qualify for NWPs because they typically result in less adverse impact on aquatic resources than structures that are tall, long, and point downstream. 14.SRMZ — Temporary Bank Stabilization — All NWPs. Temporary bank stabilization is prohibited during seasonal high flows. 15.SRMZ— Sediment Management— All NWPs. Sediment removal is allowable only to maintain function of existing facilities and structures, or as necessary to maintain or restore the geomorphic integrity of the upper Yellowstone River. Diversion or removal of sediment or alluvium from the river channel and adjacent wetlands for other purposes is not allowed in the SRMZ under any NWP. 16.SRMZ — Temporary Vegetation Impacts —All NWPs. Limit clearing of riparian or wetland vegetation to the absolute minimum necessary. Where temporary riparian or wetland vegetation impacts are unavoidable, mow or cut off the vegetation above the ground, leaving the topsoil and root mass intact. Restore temporarily disturbed areas to original contours and use seeding and planting as necessary to re-establish desirable vegetative cover, utilizing native species in areas where native species were impacted. 17.SRMZ— NWP-11 — Temporary Recreational Structures. Temporary recreational structures can be installed no earlier than seven (7) calendar days in advance of an event and must be removed no later than seven (7) calendar days after the event concludes. 18.SRMZ — NWP-12 — Utility Line Activities. Trench excavation and backfill for utility lines is prohibited within the OHWM of main and secondary flow channels and in adjacent wetlands. 19.SRMZ— NWP-13 — Bank Stabilization. Construction of temporary or permanent levees is prohibited. Only bank stabilization that is parallel to and adjacent to the valley wall and/or SRMZ boundary is allowed. All other bank stabilization must be reviewed under standard (individual) permit procedures. Bank stabilization along Effective 19 March 2017 existing roads, ditches, fills, and structures already located along the valley wall is allowed under this Permit. 20.SRMZ— NWP-14 — Linear Transportation Projects. The construction of new transportation facilities in waters of the U.S. is prohibited under this NWP and must be reviewed under standard (individual) permit procedures. The expansion, modification, improvement, replacement, reconstruction, and upgrading of existing transportation facilities are allowed under this NWP within the SRMZ. 21.SRMZ— NWP- 27 —Aquatic Habitat Restoration, Establishment, and Enhancement Activities. The construction of water control structures, dikes, berms, current deflectors, bank stabilization, and ponds is prohibited within the CMZ of the upper Yellowstone River unless it is demonstrated the proposed features contribute to the restoration or rehabilitation of previously lost or impaired functions of the upper Yellowstone River and adjacent aquatic areas. 22.SRMZ— NWP-30 — Moist Soil Management for Wildlife. Fire breaks within the CMZ of the upper Yellowstone River must be reclaimed and restored within six (6) months after the fire event ends. 23.SRMZ— NWP-33 — Temporary Construction, Access, and Dewatering. Construction of temporary levees and other structures or fills in waters of the U.S. that prevent or reduce overbank flow is prohibited. 24.SRMZ— NWP 40 — Agricultural Activities. Only those activities associated with the reduction of existing adverse impacts on the upper Yellowstone River may be authorized by this NWP. Examples of potentially allowable projects include work associated with livestock management; moving livestock watering areas off the river or out of the CMZ; removal of irrigation systems from the CMZ; and the removal or conversion of irrigation systems from flood irrigation to sprinkler irrigation. H. ADDENDA GT��6\tl�f®/,��, STAHLY 851 Bridger Drive,Suite 1,Bozeman,MT59715 phone:406-522-9594 fax:406-522-9528 www.seaeng.com i Addendum #1 3-23-2020 Front Street Interceptor Sanitary Sewer Main Replacement Project Bozeman,Montana Bidders for the above listed project are hereby notified that the following changes and/or clarifications have been made to the bid documents: I. The Pre-Bid Conference will take place via online video conference at 10:30am March 25,2020.Access to the Pre-Bid meeting is detailed below. Video Conference Access Information: Website Address: https://zoom.us/j/378357759 Call in Number: 415-762-9988 (or) 646-568-7788 Meeting ID: 378 357 759 Directions on how to enter a Zoom meeting can be found at the following website address:https://support.zoom.us/he/en-us/articles/201362193-Joining-a-Meetin>? Directions on how to call into a Zoom meeting can be found at the following web address:https:Hoit.colorado.edu/tutoriaVzoom-call-zoom-meeting X%��O NTA�N�� i /A • CORDELL D. POOL _ ti�5•••Ao. 11645PE 'E o ,,ffc��z ) P. �'.�� •%ENS . C-_ Cordell Pool,PE 'SS/0iNAL1` `���`` ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE DESIGNATED PLACE IN THE BID FORM AND ON THE FACE OF THE SEALED BID ENVELOPE. H. ADDENDA STAHLY1 851Bridger Drive,Suite 1,Bozeman,MT59715 phone:406-522-9594 fax:406-522-9528 www.seaeng.com Addendum #2 3-30-2020 Front Street Interceptor Sanitary Sewer Main Replacement Project Bozeman,Montana Bidders for the above listed project are hereby notified that the following changes and/or clarifications have been made to the bid documents: 1. The Bid Date has been extended to 2:00 pm(local time)on Friday,April 10,2020. Only bids received via mail will be accepted. See attached for additional information from the City of Bozeman. The following is the Webex address for the video bid opening. It will take place at 3:00 pm(local time). h=s•//bozeman.webex.com/bozeman/i.phn?MTID=m871836fe445t8a59139deOe3 582995db; Meeting number(access code): 960 151 228 Meeting pasl� ° p00L • No. 11645PE �w` Cordell Pool,PE 0 3,1-3 ACKNOWLEDGE RECEIPT ON*$7 * ON THE DESIGNATED PLACE IN THE tJM BID FORM AND ON THE FACE&�'T MEISVALED BID ENVELOPE. �t�Z A � { }t CITY OF BOZEMAN,MONTANA ORDER ED—07 FOR COVID-19 PANDEMIC Declared this 24th day of March,2020 Modification of Bid Process WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease(COVID-19) Outbreak; and WHEREAS, on March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease Covid-19 Novel Coronavirus;and WHEREAS, the Health Officer and Board of Health for the Gallatin City-County Health Department are implementing precautionary and protective measures for the citizens of the City of Bozeman; and WHEREAS, on March 16, 2020 the City Manager issued an Emergency Declaration establishing certain authority and powers which such Declaration is incorporated herein; and NOW,THEREFORE,as City Manager of the City of Bozeman,Montana,and as chief executive officer of the City, and pursuant to the authority vested in me by the City of Bozeman Charter and the laws of the State of Montana, I hereby issue this Order in fulfillment of the Emergency Declaration dated March 16,2020. As such, I order the following: 1. In accordance with the City's published instructions to bidders, effective immediately sealed bids must be submitted in hard copy as instructed in the Contract's Instructions to Bidders, so that the bid is received by the City Clerk no later than the date and time specified in the invitation to bid. Bids must be submitted by mail or by overnight delivery only; bidders shall not deliver bids by hand to the City Clerk. All existing bid advertisements will be amended through CITY OF BOZEMAN,MONTANA ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY FOR COVID-19 NOVEL CORONAVIRUS Page 1 of 2 the issuance of an addendum in accordance with the Instructions to Bidders. The delivery method will also be clarified for informational purposes on the City's Bids/RFPs/RFQs website(available at https://wxvw.bozenian.net/govermnelit/ciiy- clerk/bids-rfUs-rfas). 2. As of 8:OOAM, Friday, March 27, 2020, all proceedings for bid openings must provide for a publicly accessible internet streamed video meeting using an online videoconferencing platform. It is during this video meeting where the bids must be opened and read aloud. Instructions for attending the online meeting will be provided through the issuance of an addendum in accordance with the Instructions to Bidders. The instructions will also be added for informational purposes on the City's Bids/RFPs/RFQs website (available at ljttps://www.bozemaii.nettgoveiiuiieiit/city-clerk/bids-rfps-rf qs). 3. The City Manager, the City Public Works Director, or the City Engineer may, in their discretion, delay the scheduled opening of bids and proposals for existing advertised invitations. Such delays will be communicated as an amendment to the invitation to bid announcement on the City's Bids/RFPs/RFQs website and by bid addendum to all people and organizations on the plan holder's list. 4. Contract documents must be made available upon request to interested parties,but bids must be submitted in accordance with paragraph 1 above. 5. All other bidding requirements not in conflict with this Order remain valid. 6. This Order will be in place until cancelled or superseded by subsequent Order of the City Manager. 7. All City departments must take all steps necessary to implement this Order. 1 Dennis M.Taylor,Interim&ty Manager ATTEST: 4 I el Mike Maas City Clerk •. - r ■ ■ • • rto , dF +4,,G a•,•a CITY OF BOZEMAN,MONTANA ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY FOR COVrD-19 NOVEL CORONAVIRUS Page 2 of 2 H. ADDENDA ISTAHLYJ 851 Bridger Drive,Suite 1,Bozeman,MT 59715 phone:406-522-9594 fax:406-522-9528 www.seaeng.com Addendum #3 41-3-2020 Front Street Interceptor Sanitary Sewer Main Replacement Project Bozeman,Montana Bidders for the above listed project are hereby notified that the following changes and/or clarifications have been made to the bid documents: i Separate sealed Bids for Construction of City of Bozeman Front Street Interceptor Sanitary Sewer Main Replacement must be sent by mail to the City Clerk's Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Sealed bids must be postmarked by April 10, 2020. Bids postmarked after the specified date will not be considered. Bidders shall email a scanned postmarked receipt and tracking number to Cordell Pool at cpool(a-)_seaeng.com as evidence that the sealed bids have been postmarked on April 10, 2020. The properly postmarked and received will be publicly opened and read aloud via Webex Meeting at 2:00 p.m. (local time) on April 15, 2020. Mailed bids must be received by the City by this date and time or they will not be considered. Any modifications to bids must be made prior to the postmarked date of April 101, 2020 and are subject to the same requirements outlined above for the bid submittal. The following is the Webex address for the video bid opening. https://bozeman webex.com/bozeman//i.php?MTID=mg7c4bbac6896be9l l7798663f84O3302 Meeting number(access code): 962 897 629 Meeting password: Front 2. The attached pages included with this addendum are a list of Contractor questions with answers/clarifications. 014T AtV OR EL D. POOL o No. 11645PE ;sue v z Cordell Pool,PE ACKNOWLEDGE RECEIPT OF THIS AD "" ' b ON THE DESIGNATED PLACE IN THE BID FORM AND ON THE FACE OF THE SEALED BID ENVELOPE. STAH LY 851 Bridger Drive,Bozeman,MT 59715®phone:406-522-8594 fax:406-522-9528[a www.seaeng.com A'�fOCIN5�5� CITY OF BOZEMAN FRONT STREET INTERCEPTOR SANITARY SEWER MAIN REPLACEMENT LIST OF CONTRACTOR QUESTIONS 1. Due to the challenges with the project(particularly dewatering),we believe that 120 calendar days is not enough contract time. With the current contract time we will need to include liquidated damages and unscheduled employment of the engineer in our pricing. We would like to propose the following: 1 a. 150 calendar days, and b. The contractor will be permitted to install/begin dewatering before contract time begins The City does not desire to change the contract time or allow work outside of the contract period. 2. Bid item 130—Flowable fill: Is the provided bid quantity (303 CY)for abandoning existing manhole/sewer mains? Yes, bid item 130 Flowable fill is for abandoning the existing manholes and sewer main. i 3. When is a Notice to Proceed anticipated? The timing of a Notice to Proceed depends on many factors. It is anticipated that it will be Iapproximately 4-8 weeks after the bid date. 4. Bid item 133 —AC Pipe Removal (2,250 LF): Where is this located? Is the pipe removal along the route of the proposed sewer mains? Bid item 133 is for removal of AC pipe as necessary to install the new sewer main. This is generally located where the new sewer alignment and existing sewer alignment overlap or cross. Other sections of AC pipe that are not disturbed are to be abandoned in place in accordance with the details provided on the plans. 5. Please provide a question deadline extension. The question deadline was extended with the bid date extension. 6. Will the city TV the new sewer mains? If so,will the city charge for this requirement? IThe City will video the new sewer mains. The cost of this service should be provided by the City. 7. The city's plan for mailed bids will be problematic for contractors. Would the city be open to the following suggestions due to the current situation with COVID-19: a. A drop box is provided outside City Hall for a %2 hour period prior to the bid deadline(e.g 1:30PM—2:OOPM on bid day). The drop box would be monitored for that half hour period. Contractors would hand-deliver bids into the drop box during that%2 hour period. b. Mailed bids with fax modifications. Below is an example specification from Fish Wildlife and Parks. 851 Bridger Drive,Bozeman,MT 59715 0 phone:406-522-8594 fax:406-522-9528 Ed www.seaeng.com �gffOflAt�s��` c. An emailed bid form,provided that the contractor mails the remaining bid documentation immediately after the bid opening. The remaining documentation would need to be received by the city via mail within a specified amount of time. The City has changed the method of bid delivery as stated in Bid Addendum #3. 8. For the areas that will require significant vegetation clearing(particularly in the wetland areas)— would it be acceptable if the existing vegetation is mulched in place(i.e.the resulting woodchips would remain onsite)?Or will the vegetation need to be removed/hauled off? The specfications require woody vegetation to be removed from the site. 9. Plan sheet 3.8: there's a large pile of snow where the mainline is located. Will the city clear this under the route of the mainline? It is anticipated that the snow pile will be melted prior to work in this area. 10. Can Haggerty Lane be closed? The City would be ok with a limited closure of Haggerty Lane. The specifications require the contractor to prepare and submit a traffic control plan to the City and MDT, showing road or sidewalk Iclosures. 11. Bid items 114, 116 and 117 all seem to be gravel surfaces. Looking at the typical details on Sheet C3.1, I am assuming that bid items 116 and 117 will require geotextile fabric but I was not sure what detail 114 falls under. I just wanted to verify that bid item 114 does not require geotextile fabric as the 380i is pretty expensive. In accordance with details provided on the plans bid item 114 does not include geotextile fabric. In accordance with details provided on the plans bid items 116 and 117 do include the specified geotextile fabric. 12. The detail for water service crossing show the reroute of service utilizing PE pipe. I assume that you chose PE over copper as it is easier to bend. I would just like to verify that this was your intent and copper will not be required. The reference to PE piping is a typo. All water services need to be copper as required by the City of Bozeman Modifications to MPWSS. 13. I was looking at the plans for Front Street and this appears to be a trunk line with not a lot of taps. Is 1 that the case? I was wondering if the city and you would be interested in allowing our A2000 as an option. The City of Bozeman has the A2000 pipe in its specs for storm sewer, but not for i sanitary. A2000 is manufactured to ASTM F949 which is in the MPW specifications for both storm and sanitary. It actually was developed for sanitary applications and has been used for sanitary projects in Montana. The best one I can direct you to is the Custer interchange project in Helena in I I < SfA��c STAH LY -------- -- --- - -- -- ----- ----- --- - --------------- 851 Bridger Drive,Bozeman,MT 59715(7 phone:406-522-8594 fax:406-522-9528 1fl www.seaeng.com �9�fOfIAT�S� 2012.where we sold 36"and 24". I have included our brochure for your perusal. Please let me know if you need any further information. The City of Bozeman Modifications to MPWSS do not allow A2000 pipe to be used for sewer mains. 1 i I I 0 I i 9 I