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24 - Construction Agreements - Stream Works Inc. - East Gallatin River Bank 2 Restoration Project
F)l City of Bozeman, Montana Ck ca moo? Contract Drawings For: INDEX OF DRAWINGS Cit of Bozeman GENERAL Y COVER SHEET AND SHEET INDEX OOG-001-GENERAL NOTES&CIVIL LEGEND East Gallatin River SURVEY OOV-101-SURVEY CONTROL PLAN CIVIL Bank 2 Restoration OOC-101-CRE S-SECT AYOUT OOC-102-CROSS-SECTIONS a OOC-103-TYPICAL DETAILS(1 OF 2) WHITEFISH HAVRE OOC-104-TYPICAL DETAILS(2 OF 2) COLUMBIA KAUSPELL FALLSv e9 e7 � 91 POLSON 93 GREAT FALLS Project No. LENASTOWN GLENDIVEMISSOULA 10341591 �,,,- OL HELENA B1 Gallatin County, Montana r 9 DEER :I 12 MILES CITY 1Q December 2023 HAMILTO LODGE BUTTE PROJECT BILLINGS /'' ,. �. •.# r �. HARDI fi LOCATION BOZEMAN " f ?r` -- i EAST GALLATIN RIVER�! 0 100% DESIGN DOCUMENTS _ } I�'Tt It A 4 ` PROJECT LOCATION CITY OF BOZEMAN WRF BANK STABILIZATION �r TREATMENT AREA r-- - r E 1 2 3 4 5 6 7 8 MATERIALS IN PLAN/SECTION GENERAL SYMBOLOGY GENERAL NOTES & SURVEY DATA --------- CENTERLINE ARROW INDICATES N GENERAL NOTES: DIRECTION OF N 1. EXISTING TOPOGRAPHIC AND SURVEY INFORMATION SHOWN ON PLANS ARE BASED ON SURVEY PERFORMED BY PIONEER TECHNICAL FOR THE EAST GALLATIN RIVER STREAM AVULSION ———— —— — LIMITS OF DISTURBANCE PLAN NORTH RESTORATION IN 2019. 4614 NEW CONTOUR(MINOR) 2. CONTRACTOR 15 TO MAINTAIN SURVEY STATIONS AND CONTROL LOCATIONS. 4615 NEW CONTOUR(MAJOR) 3. THE CONTRACTOR SHALL APPLY FOR AND OBTAIN ALL PERMITS NECESSARY FROM APPLICABLE AGENCIES IN ORDER TO PERFORM WORK. D ® NORTH ARROW 4. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL UTILITIES AND PROTECT THEM FROM DAMAGE.THE LOCATION OF ANY AERIAL OR UNDERGROUND UTILITIES SHOWN ARE EXCAVATION LIMITS APPROXIMATE AND SOME ITEMS MAY NOT BE INDICATED IN THE PLANS.UNDERGROUND UTILITIES,WHETHER INDICATED OR NOT,SHALL BE LOCATED AND FLAGGED BY THE UTILITIES AT EARTH(SECTION) THE REQUEST OF THE CONTRACTOR.THE CONTRACTOR MUST CALL 811 OR 1-800-424-S55S AT LEAST TWO(2)BUSINESS DAYS PRIOR TO DIGGING.ONLY UPON IDENTIFICATION AND PLAN LOCATION OF ALL UTILITIES SHALL THE CONTRACTOR BEGIN EXCAVATION IN THE AREA,THEN ONLY WITH EXTREME CAUTION TO AVOID ANY POSSIBILITY OF DAMAGE TO THE UTILITY 7V RIPRAP(PLAN AND/OR 1/41'=1'.0" FACILITY.THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OF THE REPAIR OR REPLACEMENT OF SAID UTILITIES DAMAGED BY OPERATION IN CONNECTION WITH PROSECUTION OF THE pow SECTION) PLAN TITLE WORK.THE CONTRACTOR SHALL COORDINATE CONSTRUCTION EFFORTS WITH CITY OF BOZEMAN AND ALL OTHER LOCAL UTILITY COMPANIES PERTINENT TO PROSECUTION OF WORK. NATIVE FILL 5. THE CONTRACTOR SHALL HAVE ONE(1)SIGNED COPY OF THE APPROVED PLANS AND A COPY OF ANY PERMITS AND EXTENSION AGREEMENTS NEEDED FOR THE JOB,ON-SITE AT ALL TIMES. 6. THE CONTRACTOR IS RESPONSIBLE FOR THE SAFETY OF ALL PERSONNEL,ALL SITE VISITORS,AND THE GENERAL PUBLIC WHO MAY BE AFFECTED BY THE CONSTRUCTION.THIS INCLUDES BUT ARROW INDICATES IS NOT LIMITED TO GENERAL AND CHANNEL EXCAVATION,SHORING,TRAFFIC CONTROL,AND SECURITY. DIRECTION OF SECTION CUT 7. IF DURING THE CONSTRUCTION PROCESS,CONDITIONS ARE ENCOUNTERED WHICH COULD INDICATE A SITUATION THAT IS NOT IDENTIFIED IN THE PLANS OR SPECIFICATIONS,THE SECTION LETTER CONTRACTOR SHALL CONTACT THE ENGINEER IMMEDIATELY. X X XXX SHEET WHERE xxx 8. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL LABOR AND MATERIALS NECESSARY FOR THE COMPLETION OF THE INTENDED IMPROVEMENTS SHOWN ON THESE DRAWINGS,OR SECTION IS LOCATED DESIGNATED TO BE PROVIDED,INSTALLED,OR CONSTRUCTED,UNLESS SPECIFICALLY NOTED OTHERWISE. FULL BUILDING SECTION CUT MARKER 9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING AS-BUILT INFORMATION ON A SET OF RECORD DRAWINGS KEPT ON THE CONSTRUCTION SITE AND AVAILABLE TO THE ENGINEER AT ALL TIMES. 10. DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TO BE SCALED FROM ANY DRAWING.IF PERTINENT DIMENSIONS ARE NOT SHOWN,CONTACT THE CONSULTANT ENGINEER FOR C CLARIFICATION AND ANNOTATE THE DIMENSION ON THE AS-BUILT RECORD DRAWINGS. SECTION LETTER FLAG INDICATES DIRECTION 11. THROUGHOUT INSTALLATION OF THE CHANNEL STREAMBED MATERIAL,THE CONTRACTOR SHALL MIX SALVAGED ROCK FROM THE BANK AND TOPSOIL INTO VOIDS OF CHANNEL OF SECTION CUT—� STREAMBED MATERIAL.MIXING IS TO BE CONFIRMED ENGINEER IN THE FIELD. x � yXX 12. RIPRAP AND WILLOW CUTTINGS SHOULD BE INSTALLED AT LOWEST FLOW POSSIBLE WHILE WILLOWS ARE DORMANT DURING FALL AND WINTER SEASON. SHEET WHERE SECTION IS LOCATED 13. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SAVING AND PROTECTING ALL EXISTING TREES AND VEGETATION WHERE REMOVAL FOR CONSTRUCTION IS NOT MANDATORY. ALL TREES TO SECTION CUT MARKER BE REMOVED OR RELOCATED WILL BE MARKED BY THE CONTRACTOR AND APPROVED BY THE OWNER AND CONSULTANT ENGINEER PRIOR TO REMOVAL. 14. IF WOUNDING OF SAVED TREES OCCUR,A NON-TOXIC WOUND DRESSING MUST BE APPLIED IMMEDIATELY.EXCAVATORS MUST HAVE A NON-TOXIC TREE WOUND DRESSING WITH THEM ON CONSTRUCTION SITES. SECTION LETTER 15. ALL REMOVED ITEMS SHALL BECOME THE CONTRACTOR'S PROPERTY TO BE DISPOSED OF IN AN APPROVED MANNER IN ACCORDANCE WITH REGULATION BY THE OWNER AT NO rx S ECTION ADDITIONAL EXPENSE TO THE OWNERS,UNLESS SPECIFIED WITHIN THE PLANS.NO CONCRETE,RUBBLE,OR EXTRA MATERIALS SHALL BE BACKFILLED ON SITE. xxx 4 3/6„,1•a„ 16. MATERIALS STORED ON THE SITE WHICH MIGHT CONTRIBUTE POLLUTANTS TO RUNOFF SHALL BE LOCATED IN AN ENCLOSED,COVERED,AND LOCKABLE CONTAINER.THESE MATERIALS ARE SHEET WHERE SECTION EXPECTED TO CONSIST MAINLY OF FERTILIZERS,FUELS,AND MACHINERY LUBRICANTS. VIEW IS FIRST CUT• 17. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEANUP OF THE PROJECT SITE AND SURROUNDING AREAS ON A DAILY BASIS OF ANY TRASH OR MUD ON THE SITE OR ADJACENT SECTION TITLE STREETS AS A RESULT OF CONSTRUCTION. 18. THE CONTRACTOR SHALL RESTORE ALL STAGING AND STOCKPILING AREAS TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF THE PROJECT.THE COST TO RESTORE THESE AREAS SHALL NOT BE MEASURED AND PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE WORK. B 0DETAILNUMBER 19. THE CONTRACTOR SHALL MAINTAIN ALL HAUL ROUTES AND RESTORE THEM TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF USE AT NO EXPENSE TO THE # OWNER. XXX SHEET WHERE DETAIL IS LOCATED* 20. ALL PAVED HAUL ROUTES SHALL BE MAINTAINED FREE OF MUD AND DEBRIS RESULTING FROM CONSTRUCTION OPERATIONS. DETAIL MARKER 21. THE CONTRACTOR SHALL NOT DEVIATE FROM THE PLANS WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM THE OWNER AND THE DESIGN ENGINEER.THE CONTRACTOR SHALL FOR REFERENCING DETAILS INCLUDED IN DRAWING SET, CONTACT THE DESIGN ENGINEER IMMEDIATELY UPON DISCOVERY OF ANY ERRORS OR INCONSISTENCIES. 22. STREAMBANK HAS BEEN DESIGNED BASED ON THALWEG POINTS FROM 2019 EAST GALLATIN RIVER STREAM AVULSION RESTORATION.NOTABLE EROSION AND BANK DEGRADATION HAS OCCURRED SINCE 2019.THALWEG POINTS HAVE BEEN SUPPLEMENTED BY MT DNRC 2018 GALLATIN RIVER TRIBUTARY LIDAR. xxxxxx DETAIL MARKER FOR REFERENCING DETAILS BOUND IN SURVEY CONTROL COORDINATE TABLE SPECIFICATIONS OR SEPARATE VOLUME. MONTANA STATE PLANE NAD 83 NAVD 88 DETAIL NUMBER POINT NORTHING EASTING ELEVATION X DETAIL NO. (U.S.S.F.) (U.S.S.F.) (U.S.S.F) DESCRIPTION 1'-0" CP-01 541457.6228 1568458.1240 4624.35 TOP OF LIFT HOOK ON NW EDGE OF MANHOLE BOX A SHEET WHERE DETAIL IS LOCATED' DETAIL TITLE LIDAR METADATA CAN BE FOUND AT THE FOLLOWING WEB ADDRESS: I xcEPTlorls WHERE THE SHEET NUMBER IS REPLACED BYA DASH(-). https:Hmsiservices.mt.gov/Geographic_lnformation/Data/DataList/datalist_MetadataDetail.aspx?did={354b7afe-64b2-4d63-aa79-e6f8eOl787dO) 1) FOR COMMON DETAILS,SECTIONS,ELEVATIONS OR DETAILS THAT ARE CUT OR CALLED OUT ON MULTIPLE SHEETS, 2) SECTIONS,ELEVATIONS OR DETAILS THAT ARE LOCATED ON THE SAME SHEET THEY ARE CUT OR CALLED OUT ON. PROJECT MANAGER D.MARCH DESIGNER D.MARCH GENERAL NOTES DESIGNER 2 H.NOLD �'B_"CL & DRAWN BY J.WRIGHT CITY OF BOZEMAN CIVIL LEGEND EAST GALLATIN RIVER BANK 2 RESTORATION I SHEET co NONE OOG-001 SCALE FILENAME OOG-OOt.dwg ISSUE DATE DESCRIPTION PROJECT NUMBER 10341591 �r,N e►�?�' 1 2 3 4 5 g 7 8 1 D 40 -- - .•` SCALE IN FEET Y � Q o •;, O J ��`' -7► x' BANK STABILIZATION J Z TREATMENT AREA a M STOCKPIPE w MATERIAL .A HERE • \ - SITE ACCESS v AND STAGING AREA / •a / 7 _ -71 • y is CITY OF BOZEMAN 4; VVF2F SURVEY CONTROL COORDINATE TABLE / -�'-----�-rp.._. �, - •_ _ t MONTANA STATE PLANE NAD 83 NAVD 88 1 :• \� ��` •�• POINT NORTHING FASTING ELEVATION DESCRIPTION -- NO. (U.S.S.F.) (U.S.S.FJ (U.S.S.FJ CP-01 541457.6228 1568458.1240 4624.35 TOP OF LIFT HOOK ON NW EDGE OF MANHOLE BOX PROJECT MANAGER D.MARCH DESIGNER 1 D.MARCH SURVEY DESIGNER H.NOLD �so SURVEY CONTROL PLAN DRAWN BY J.WRIGHTy. CITY OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION 0 2" SHEET t� �• 1" FILENAME OOV-101.dwg •r•N CO.rod SCALE I 1°=20' OOV-101 ISSUE DATE DESCRIPTION PROJECT NUMBER 10341591 1 2 3 4 5 g 7 g y f, w ` � m o to 29 � SCALE IN FEET KEY NOTES: DOWNSTREAM TIE-IN NOT TO V � ENCROACH ON EXISTING LARGE VEGETATION. ,h •- _ Q. _ 2O ON UPSTREAM END,TIE-IN AS CLOSE AS POSSIBLE TO EXISTING WILLOW WITHOUT DISTURBING EXISTING WILLOW LOCATION IS APPROXIMATE. s .GJ O OC L OCATION AND TIE-IN LOCATIONS TO BE CONFIRMED BY 4S1 k P ENGINEER >lieF FIELD.RESTORED BANK IN THE REMOVE LARGE ROCK APPROXIMATELY 76'LONG AS OF MAY ANGLING FLOW TOWARD 4., OF 2022.AERIAL IMAGERY IS _ - THE BANK.REMOVAL OF _ REFERENCED FROM 612021.DESIGN ROCK IS TO BE DIRECTED WAS INFORMED BY SURVEY FROM BY ENGINEER IN THE FIELD. 2019 EAST GALLATIN RIVER STREAM C - - AVULSION RESTORATION&2018 EAST GALLATIN LIDAR. AW _ _ F EXISTING OW ` 1 7 TO REMAI1MLL N IN PLACE O SALVAGE AGGREGATE AND RIPRAP EXCAVATED FROM CHANNEL APPROXIMATE EXCAVATION k, LIMITS 1w - v ALIGNMENT ALONG ` - - EXISTING TOE OF 4 ` RIVER BANK A 0 -3 pOC-102 yo / o �1 b66 0+ip .0+20 - 1g Q6 4612 p B 4613 EXISTING ALDER � 4614 4618 TO REMAIN IN PLACE BANK STABILIZATION = N TREATMENT 4616 -4617 4618 4619 4620 b -4621' iK -r i lb PROJECT MANAGER D.MARCH DESIGNER D.MARCH CIVIL DESIGNER H.NOLD �so�. SITE LAYOUT DRAWN BY J.WRIGHT �"C CITY OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION 0 1" 2', FILENAME OOC-101.dwg HEET SCALE 1° 10' IS OOC-101 ISSUE DATE DESCRIPTION PROJECT NUMBER 10341591 1 2 3 4 5 6 7 $ D 4630 4630 5' VARIES EXISTING GROUND 4620 m STAKE FABRIC FROM FABRIC / z' ENCAPSULATED SOIL LIFT 1 mW i BIODEGRADABLE FABRIC NORTH AMERICAN 10% GREEN C125BN OR APPROVED EQUAL 6.6'R EL 4614.3 KEY NOTES: o W � TOE OFN / �" O1 ELEVATIONS SHOWN ARE APPROXIMATE. BANK FINAL CONSTRUCTED ELEVATIONS ARE TO BE CONFIRMED WITH ENGINEER IN THE FIELD. 4610 _. is 4610 B 4600 _10 0 10 20. 30 4600 A BANK STABILIZATION SECTION VIEW OOC-101 SCALE:1/8"=1' A PROJECT MANAGER D.MARCH DESIGNER 1 D.MARCH CIVIL DESIGNER H.NOLD bus CROSS-SECTIONS DRAWN BY J.WRIGHT �!S CITY OF BOZEMAN ° EAST GALLATIN RIVER o ---- -_� �` BANK 2 RESTORATION SHEET 0 1" 2^ FILENAME OOC-102.dwg t+r��moo+ OOC-102 ISSUE DATE DESCRIPTION PROJECT NUMBER 10341591 SCALE ASSHOWN 1 2 3 4 5 6 7 8 FABRIC ENCAPSULATED SOIL (FES)LIFT 2 FINISHED GRADE WILLOW CUTTINGS �_ 1 CHANNEL BED ELEVATION D BANKFULL WATER SURFACE 2 MIN 1 CATEGORY 3 WOOD STEP 1 PLACE CATEGORY 2 WOOD AT BED ELEVATION AND BACKFILL WITH CHANNEL STREAMBED CHANNELSTREAMBED MATERIAL CHANNELSTREAMBED ' 0 NATIVE MATERIAL CATEGORY 2 WOOD STEP 2 EMBED CATAGORY 2 WOOD AT BANK TOE A MINIMUM OF V IN NATIVE PLACE CATEGORY 3 WOOD, ° CHANNEL MATERIAL BACKFILL WITH CHANNEL STREAMBED MATERIAL AND o C 1 BANK GRADING DETAIL PRESS WITH BUCKET SCALE:NTS i MATERIAL SCHEDULE CHANNELSTREAMBED MATERIAL PER LINEAR FOOT STEP 3 SIZE REPRESENTATIVE ITEM DIAMETER QUANTITY TYPE 2 INCHES SIZE CLASSING PLACE WINDROW OF CHANNEL 2 CATEGORY 2 WOOD 6"-12" 5-6 7 D100 STREAMBED MATERIAL AND ° o PRESS WITH BUCKET TO FORM A 3 CATEGORY 3 WOOD 3"-6" 2-4 6 D85 POINT AT THE TOP OF BANK LINE 4 WILLOW CUTTINGS 0.5"-1.5" 6 4 D50 - FABRIC ENCAPSULATED / 5 REFERENCE SHEET OOC-104 1 D15 SOIL(FES)LIFT B CHANNELSTREAMBED i i 6 MATERIAL 7"MINUS 0.2 CY ------------ -------- STEP 4 NOTES: P OF TO AT 1. WILLOW CUTTINGS TO BE HARVESTED FROM DORMANT,LIVE ON-SITE WILLOWS.WILLOW CUTTINGS TO BE PLACED BANK LINE AND INSTALL WILLOWS ATBACK TO ILL WITHIN 72 HOURS OF CUTTING.MINIMUM LENGTH IS 8'.DIAMETER BETWEEN 0.5"AND 1.5"WITH SMOOTH BARK.TRIM WITH NATIVE MATERIAL ALL SIDE BRANCHES SO THE CUTTING IS A SINGLE STEM.HARVEST NO MORE THAN 1/3 OF ANY INDIVIDUAL PLANT. SELECT BRANCHES THAT WILL NOT IMPAIR THE SOURCE WILLOWS HEALTH.REMOVE APICAL BUD(BUD AT TIP OF -------- BRANCH)AND SEVERAL INCHES OFF OF THE CUTTING.SUBMERGE WILLOW FOR A MINIMUM OF 24 HOURS PRIOR TO - v INSTALLATION.MINIMUM OF 1/2 OF WILLOW TO BE IN THE SOIL.INSTALL AT SUCH ANGLE THAT BUTT END OF , WILLOW IS BELOW WATER SURFACE ELEVATION AT TIME OF CONSTRUCTION.INSTALL 6 WILLOW STEMS PER LINEAL FOOT. 2. FABRIC ENCAPSULATED SOIL(FES)TO USE NORTH AMERICAN GREEN C70OBN OR APPROVED EQUAL.WHEN NECESSARY OVERLAP FABRIC FROM UPSTREAM TO DOWN STREAM.STAKE FABRIC PER SHEET MANUFACTURER'S RECOMMENDATIONS. STEP 5 3. BANKFULL ELEVATIONS ARE TO BE CONFIRMED WITH ENGINEER IN THE FIELD. 4. PLACEMENT OF WOODY MATERIAL IS TO BE DIRECTED BY ENGINEER IN THE FIELD.CATEGORY 2 WOOD IS TO BE RECOMMENDED VEGETATED WOOD A z MATRIX INSTALLATION SEQUENCE COUNTER STABILIZED BY OTHER CATEGORY 2 WOOD PIECES AND BE PLACED PERPENDICULAR TO CHANNEL FLOW. WOODY MATERIAL IS TO BE PLACED AT A VERTICAL ANGLE BETWEEN 0-30 DEGREES TO HORIZONTAL.CATEGORY 2 SCALE:NITS WOOD IS TO BE PLACED WITH WOOD ROOT CROWN IN THE BANK.CATEGORY 2 WOOD IS TO BE EMBEDDED IN THE BANK WITH A MINIMUM 4'OF LENGTH OF MATERIAL.CATEGORY 2 WOOD IS TO EXTEND NO MORE THAN 2'INTO THE CHANNEL. PROJECT MANAGER D.MARCH DESIGNER 1 D.MARCH CIVIL DESIGNER H.NOLD �so TYPICAL DETAILS (1 OF 2) DRAWN BY J.WRIGHT ,.5 CITY OF BOZEMAN EAST GALLATIN RIVER ° =` BANK 2 RESTORATION SHEET FILENAME OOC-103.dwg SCALE NONE co. I I HEFT 3 ISSUE DATE DESCRIPTION PROJECT NUMBER 10341591 1 2 3 4 5 6 7 8 D SUGGESTED CONSTRUCTION SEQUENCE FOR FABRIC NATIVE FILL A STAKES 3 FT.CENTERS UPSTREAM FABRIC OVERLAPS ENCAPSULATED SOIL LIFT (TYPICAL)) DOWNSTREAM FABRIC BY 3 FT. 3-4 ft. STREAM SIDE BANK SIDE - - - 0 0 l o 0 0 0j�/ E. ALL FABRIC WILL BE I CONSTRUCTION FORM // MAXIMUM ANGLE - � \v\/ A. 3 DEGREES EXCEPT LAPPED IN AN UPSTREAM 18 IN. STAKES THIGH AT TRANSITIONS TO DOWNSTREAM DIRECTION. BOTH FABRIC LAYERS 4 C' WOVEN COIR UPSTREAM I STAKESTHROUGH DOWNSTREAM FABRIC - FABRIC BOTTOM FABRIC LAYER FABRIC OUTER WOVENEMBEDMENT ALE NGTH MIN 3 FT. //\\//\\/ F. A, 0 (GEOTEXTILE) p B. C CONSTRUCTION FORM DIRECTION OF FLOW — DIRECTION OF FLOW — INNER NON-WOVEN COIR FABRIC 1.0 FT.MIN.NON-WOVEN CONSTRUCTION FORM FABRIC JOINING DETAIL (GEOTEXTILE) COIR FABRIC EMBEDMENT FOLDING OF CONTINUOUS LENGTH \PLAN VIEW \y/\\�/\\/ C. SHEET FABRIC AT ANGLE ///////////////�//?/////\///\///\\//�///A � PLAN VIEW CONSTRUCTION FORM 3 FT.MIN. MOISTEN FABRIC AND APPLY 1 4 FT.MAX. / SEED. FIRST LIFT J�( -��� OVERLAP DOWNSTREAM OF TOPSOIL FABRIC TOPSOIL _ — — — LAYER LAPS ,. ��/%\/��/%yj UNERNEATH D. SECTION A-A' UPSTREAM FABRIC SECTION VIEW DIRECTION OF FLOW LAPS OVER TOP \ 3 FT.MIN. FABRIC FOLD 4 FT.MAX DIRECTION OF FLOW OVERLAP GENERAL NOTES FOR CONSTRUCTING FABRIC ENCAPSULATED SOIL LIFTS: OIREC UPSTREAM FABRIC LAYER �=OF FLOW LAPS OVERTOP DOWNSTREAM FABRIC LAYER ISOMETRIC 1.BANKS MAY BE CONSTRUCTED IN EITHER AN UPSTREAM OR DOWNSTREAM DIRECTION,AS LONG AS THE FABRIC IS OVERLAPPED IN THE PROPER DIRECTION. B LAPS UNERNEATH 2.PLACE A SERIES OF THREE OR MORE FORMS ON THE SUBGRADE SO THAT THE FORMS FOLLOW THE PROPOSED STREAM BANK ALIGNMENT(FIGURE A).BUTT THE ENDS OF THE FORMS STAKE THROUGH STAK THROUGH TIGHTLY TOGETHER. BOTTOM FABRIC LAYER BOTH FABRIC LAYERS SECTION B-B' 3.UNROLL THE OUTER WOVEN COIR FABRIC,PARALLEL TO THE CHANNEL AND POSITION IT SO THAT AT LEAST 3 FT.EXTENDS FOR EMBEDMENT ON THE BANK SIDE OF THE FORMS(FIG B). SECTION C-C' DRAPE THE REMAINDER OF THE FABRIC OVER THE TOP OF THE FORMS ON THE STREAM SIDE(FIG B). 4.UNROLL THE INNER NON-WOVEN COIR FABRIC,OVER THE TOP OF THE OUTER FABRIC AND POSITION IT SO THAT AT LEAST 1 FT.OF THE INNER FABRIC EXTENDS AS AN EMBEDMENT LENGTH ON THE BANK SIDE OF THE FORMS(FIG C).DRAPE THE REMAINDER OF THE FABRIC OVER THE TOP OF THE FORMS ON THE STREAM SIDE AND ALIGN THE LONG EDGES OF THE INNER AND OUTER FABRICS.STRETCH AND PULL THE FABRIC LAYERS TO REMOVE WRINKLES. GENERAL NOTES ON SECURING FABRIC FOR FES LIFT TREATMENT: 5.PLACE TOPSOIL OVER THE FABRIC ON THE BANK SIDE OF THE FORMS THEN COMPACT.MOISTEN FABRIC AND SPRINKLE SEED ON FABRIC IN AREA INDICATED IN FIGURE D.LEVEL THE TOPSOIL AND COMPACT(FIG E). 1.FORMS MAY BE ANGLED TO CREATE BENDS IN THE LIFTS AS NEEDED.FABRIC SHALL BE FOLDED AT EACH BEND AS SHOWN IN PLAN VIEW.NO BEND SHALL EXCEED A 3 DEGREE ANGLE,EXCEPT AT TRANSITIONS.FOLDS SHALL BE MADE IN AN UPSTREAM TO DOWNSTREAM DIRECTION.STAKE THE FOLDS AS SHOWN IN SECTION S-W. 6.FOLD THE LOOSE ENDS OF THE TWO FABRIC LAYERS BACK OVER THE COMPACTED TOPSOIL MATERIAL AND STRETCH TIGHTLY TO REMOVE WRINKLES(FIG F).SECURE WITH WOODEN STAKES AT A SPACING OF 3 FT OR AS DEFINED BY MANUFACTURER. 2.OUTER FABRIC ENDS SHALL BE JOINED BY LAPPING THE UPSTREAM PIECE OF FABRIC OVER THE DOWNSTREAM PIECE AS SHOWN IN PLAN VIEW.OVERLAPS SHALL BE A MINIMUM OF 3 FT.INNER FABRIC ENDS SHALL BE BUTTED TOGETHER,NOT OVERLAPPED.OVERLAPS SHALL BE STAGGERED FROM LIFTTO LIFT BYA MINIMUM OF 15 FT. ""NOTE THAT THE TWO LAYERS OF GEOTEXTILE FABRICS SHOWN CAN BE REPLACED WITH A SINGLE GEOTEXTILE THAT COMBINES WOVEN AND NON-WOMEN PRODUCTS.CONTRACTOR SHALL GET APPROVAL OF ENGINEER PRIOR TO USE. 3.SECURE THE BANK SIDE EDGE OF THE OUTER FABRIC(WOVEN),WITH A WOODEN STAKE THROUGH THE FABRIC ON 3 FT.CENTERS(SEE PLAN VIEWS).NOTE:THE HOLES FOR STAKES SHALL NOT BE PRECUT.ALLOW THE STAKE TO BREAK THE MINIMUM NUMBER OF STRANDS AS IT IS BEING DRIVEN.DRIVE STAKES SO THAT A MAXIMUM OF 21N.IS LEFT EXPOSED. SUGGESTED FES LIFT A A FABRIC STAKING DETAILS B CONSTRUCTION SEQUENCE SCALE:NTS - SCALE:NTS PROJECT MANAGER D.MARCH �+ DESIGNER 1 D.MARCH CIVIL DESIGNER H.NOLD dg80g TYPICAL DETAILS(2 OF 2) DRAWN BY J.WRIGHT CITY OF BOZEMAN ° EAST GALLATIN RIVER BANK 2 RESTORATION SHEET FILENAME OOC-104.dwg OOC-104 ISSUE DATE DESCRIPTION PROJECTNUMBER 10341591 SCALE NONE ATTACHMENT B: CITY OF BOZEMAN OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION SPA 124 PERMIT wortaarja W i.skp Wildfife C& mac s Fisheries Management, 1400 S. 19th. Ave, Bozeman,MT 59718 Phone: (406) 577-7871 email: mike.duncan@mt.gov Stream Protection Act(SPA 124)Permit Date: 11/3/23 Applicant Name: Dan March Address: 910 N. Last Chance Gulch Ste B Helena,Montana 59601 Permit#: MG10-23 Waterbody: East Gallatin River Project Name: East Gallatin Stablization- Springhill Road Project Description: The proposed project is located along the East Gallatin River 350 feet downstream of the Springhill Road crossing.The project site is a local fishing access that has high public use.The proposed project will stabilize about 80 feet of an eroding bank along the East Gallatin River.Stabilization will be accomplished by laying the near vertical bank back and using a buried cobble toe with woody debris incorporated throughout,which will be topped with a fabric encapsulated soil lift.The biodegradable fabric will supply short-term erosion protection for the upper bank with vegetation supplying the long-term protection. Montana Fish, Wildlife& Parks has reviewed the proposed project.The project is approved provided it is carried out in accordance with the information supplied in the application,all general conditions listed on page 3 of this permit,and any special conditions listed below. Expiration: This permit is valid for 1 year(s) from the date of issuance. Timing Restrictions: No ( Yes 0 if yes see below. No in-stream work between and Special Conditions: 1)The toe of the eroding bank will be stabilized using a combination of native cobble and wood per the supplemental drawings provided by the engineer. 318 Authorization Review I have reviewed the above project on behalf of the Montana Department of Environmental Quality(DEQ) pursuant to the Montana Water Quality Act Short-term Water Quality Standards for Turbidity 75-5-318 MCA: This project will not increase turbidity if completed according to the conditions listed in the 310 or 124 permit. Therefore, application to DEQ for a 318 authorization is not required. Impacts to the physical and biological environment from turbidity generated as a result of this project are uncertain. Therefore,the applicant must contact the Montana 0 Department of Environmental Quality, 1520 East Sixth Avenue,Box 200901, Helena, MT 59620-0901, (406 444-3080)to determine project specific narrative conditions required to meet short-term water quality standards and protect aquatic biota. Turbidity generated from this project is expected to be short-term and have only temporary and minor impacts on the physical and biological environment. Therefore, compliance with the conditions stated in the attached letter outlining DEQ's Short Term Water Quality Standard for Turbidity Related to Construction Activity, as well as other conditions listed in the 310 or 124 permit, are appropriate for this project. Issuing Biologist: Mike Duncan Signature: 74;K?, D� 2 Stream Pi-otection Act 124 Permit General Conditions 1. Complete work affecting a streambed or stream bank in an expeditious manner to avoid unnecessary impacts to the stream. 2. Limit the clearing of vegetation to that which is absolutely necessary for construction of the project.Take precautions to preserve existing riparian vegetation.Salvage and reuse native vegetation where possible. 3. Install and maintain erosion control measures where appropriate to protect aquatic resources.Do not clear and grub land adjacent to streams prior to installing proper erosion and sedimentation controls.Conduct all work in a manner that minimizes turbidity and other disturbances to aquatic resources. 4. Plan temporary construction facilities to: a. Minimize disturbance to stream banks,stream bank vegetation,and the streambed by locating staging or storage facilities at least 50' horizontally from the highest anticipated water level during construction; b. not restrict or impede fish passage in streams;and c. not restrict any flow anticipated during use. 5. Provide sediment controls for drainage from topsoil stockpiles,staging areas, access roads,channel changes,and instream excavations. 6. Isolate work zones from flowing and standing waters to prevent turbid water and sediments from being discharged into streams or other drainages that flow directly into the stream.Divert flowing waters around the work zone. 7. Do not spill or dump material into streams.Store and handle petroleum products, chemicals, cement and other deleterious materials in a manner that will prevent their entering streams. 8. Do not permit wash water from cleaning concrete-related equipment or wet concrete to enter streams. 9. Do not operate mechanized equipment in any stream or flowing water unless special authorization is obtained. If special authorization is granted,the following conditions apply: a. Powerwash all equipment allowed in a stream prior to entering the stream channel. b. Clean and maintain all equipment so that petroleum-based products and hydraulic fluids do not leak or spill into the waterway. 10. Reclaim streambeds and stream banks as closely as possible to their pre-disturbed condition. 11. Restore disturbed stream banks to their natural or pre-disturbed configuration to match adjacent ground contours or as specified in the project plans. Stabilize,reseed, and re-vegetate disturbed areas. Install and maintain long teen biodegradable erosion-control measures to protect these areas until adequate vegetation has been established. 12. Restore temporary access routes and any temporarily disturbed areas to original conditions, - including original contours and vegetation. 13. Dispose of any excess material generated from the project above the ordinary high water mark and in an area not classified as a wetland. 3 ATTACHMENT C: CITY OF BOZEMAN OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION USACE 404 PERMIT ��-•�� DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS,OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVE SUITE 200 HELENA,MONTANA 69602-3329 December 5, 2023, SUBECT: Nationwide Permit—Verified by Default; City of Bozeman - Bank Stabilization, East Gallatin River (Gallatin County), File No. NWO-2001-90563-MT Dan March HDR 910 N. Last Chance Gulch Ste. B Helena, Montana 59601 Dear Mr. March: This is in response to your request received in our office on January 20, 2023, on behalf of the City of Bozeman. In submitting the application, you requested verification that the proposed project is authorized under the Department of the Army Nationwide Permit (NWP) Program. The work affecting waters of the United States is part of an overall project known as City of Bozeman - Bank Stabilization, East Gallatin River (Gallatin County), to stabilized approximately 80 linear feet of streambank utilizing wood debris in addition to existing streambed material. The project is located at Latitude 45.724809 °, Longitude -111.067068 °, within Section 26, Township 1 S, Range 5 E, Gallatin County, Montana. Department of the Army authorization is necessary because your project will involve work in waters of the U.S. The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material into waters of the United States under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) and structures or work in, over, and under navigable waters of the United States under Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C. 403). The Corps' regulations are published in the Code of Federal Regulations at 33 CFR parts 320 through 332. N\NPs are defined in the Federal Register published on December 27, 2021, (86 FR 73522) and January 13, 2021, (86 FR 2744). As of March 7, 2023, more than 45 calendar days have passed since your pre- construction notice was received. In accordance with 2021 NWP General Condition 32(a)(2), you were authorized to begin your activity under NWP 13 — Bank Stabilization on March 7, 2023, since you did not receive written notice from the district or division engineer. It is incumbent upon you to construct your activity in compliance with the terms and conditions of the enclosed NWP and applicable CWA Section 401 Water Quality Certification. The 2021 NWPs along with the current Regional and General Conditions can be accessed by clicking on "Nationwide Permits" at the following website: https://www.nwo.usace.army.miI/Missions/Regulatory-Program/Montana/ The Nationwide Permits are due to expire on March 14, 2026, unless the NWPs are modified, reissued, or revoked. It is incumbent upon you to remain informed of changes to the NWPs. Authorizations under this NWP does not relieve permittees from obtaining permits or other authorizations from any required federal, state, or local agency. You may still need State or local consent. Prior to performing the work, you should contact the appropriate permitting agencies. A copy of this letter is forwarded to State and/or Federal agencies for their information. In all future correspondence, please refer to file number NWO-2001-90563-MT. If you have any questions, please contact me via email at Jeremy.R.Andersen@usace.army.mil, by mail at the address above, or by phone at (406) 696-9024. Sincerely, Jeremy Andersen Senior Regulatory Project Manager 2 ATTACHMENT D: CITY OF BOZEMAN OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION FLOODPLAIN PERMIT DocuSign Envelope ID:8FD24E2E-CD1F-49C2-9D2A-C36212BF8F75 MT Engineering Division January 9, 2024 Griffin Nielsen, PE City of Bozeman-Utilities Dept. P.O. Box 1230 Bozeman, MT 59771 RE: Floodplain Permit Approval-East Gallatin Bank 2 Restoration Project Dear Mr.Nielsen: Upon review of the floodplain permit application for the reconstruction and stabilization of approximately 80 feet of bank along the East Gallatin River,the project has been found to satisfy the criteria for floodplain permit issuance.This letter serves as formal written approval of the application for a Floodplain Development Permit for the above-referenced project.The project is located on the left bank of the East Gallatin River approximately 350 feet downstream of the Springhill Road Bridge both within the Regulatory Floodway and Flood Fringe of Bozeman Creek shown on FEMA Flood Insurance Rate Map 30031CO802D and Letter of Map Revision No. 300028. The issuance of this Floodplain Development Permit is approved subject to the following conditions: 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. 2) This approval is given with the understanding that the work within the regulatory floodplain will be initiated within I year of the date of this letter. If more than one year elapses before initiation of the project, it shall be necessary to resubmit the project plans for re-approval before beginning construction. The resubmittal will be reviewed pursuant to the floodplain regulations and regulatory floodplain maps effective at the time of submittal. One set of Plans bearing the City's approval is enclosed. Please contact me if you have any questions. Sincerely, DocuSig'ad by; I%aw habvu -Ll;, Brian"'Ne"54'shon,PE City of Bozeman Floodplain Administrator Enclosure cc: Traci Sears-DNRC-Floodplain Management,PO Box 201601,Helena,MT 59620-1601 Shawn Kohtz,PE,City of Bozeman City Engineer Project File ERF TDD; 406-582-2301 THE MOST LIVABLE PLACE. ATTACHMENT E: CITY OF BOZEMAN OF BOZEMAN EAST GALLATIN RIVER BANK 2 RESTORATION - REQUEST FOR QUOTES MEMORANDUM ,t T Engineering Division MEMORANDUM --------------------------------------------------------------------------------------------------------------------- TO: Stream Works Inc. 4256 Berkshire Rd East Helena, MT 59635 FROM: Griffin Nielsen,Water Resource Engineer CC: Dan March, PE, HDR Inc. RE: City of Bozeman East Gallatin River Bank 2 Restoration Project-Request for Quotes DATE: December 12, 2023 --------------------------------------------------------------------------------------------------------------------- Introduction: Since the spring runoff of 2018 following an avulsion event that occurred on the East Gallatin River impacting a section of bank adjacent the City's Water Reclamation Facility (WRF) partially destabilized and has progressively been eroding. The City has identified the need to stabilize the bank at this location to protect the City's outfall channel, reduce sediment load to the East Gallatin River, as well as improve the safety of individuals walking or wading the river at the given location. The City is requesting quotes from qualified contractors to complete the City's East Gallatin River Bank 2 Restoration Project. Proiect Location and Details: This project is located on the left bank of the East Gallatin River approximately 350 ft downstream from the Springhill Road crossing. The site access and staging area are located at a the City's Water Reclamation Facility property fishing access. Please see the attached plan set (Attachment B) for future details on the project location. The project will stabilize —80' of eroding East Gallatin River bank. Stabilization will be accomplished through laying the near vertical bank back and use of a buried woody material and cobble overlain by fabric-encapsulated soil wraps and willow cuttings in accordance with the plans and approved permits. The woody material in the embankment is a mechanism to resists lateral erosion. The biodegradable fabric will supply short-term erosion protection for the upper bank with vegetation supplying long-term protection. Schedule and Cost: The City would like to complete the work as soon as possible but must have the work completed prior to April 1th , 2024 before the start of peak runoff for the East Gallatin River. Please provide a cost quote for completing the stabilization work. The work will be completed on a per item basis,detailed below,and contracted through the City of Bozeman using the attached construction Contract. Please complete and sign the quote and attached • � o® e Tnn nnz Con non1 TUC AAnCT I INIADI C 01 ArC Engineering Division Nondiscrimination Form (Attachment A) and send to Dan March, PE, CFM. Of HDR electronically at daniel.march@hdrinc.com by January 4t", 2023. Questions regarding the work can be directed to Dan March @ daniel.march@hdrinc.com or by phone at (406) 417-6103. City of Bozeman East Gallatin Bank 2 Restoration Construction Cost Quote Item No. Item Description Units Quantity Unit Cost Cost 1 Mobilization, Bonds,and Insurance Lump Sum 1 2 Site Preparation/Clearing&Grubbing Lump Sum 1cjGZ� ��(✓ 3 Channel Streambed Material Cubic Yard 62 4 Category 2&3 Wood Lump Sum 1 7i! 5 Fabric Encapsulated Soil Wraps Linear Feet 80 6 Reseeding/Revegetation Lump Sum 1 7 Willow Cutting Lump Sum 1 >> r 8 Excavation of Channel Bank Cubic Yard 437 9 Miscellaneous Work Each 3000 $1.00 $3000 Tota I Cost 51 *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. 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. I GF A Print Name: ;// L Gl� 11 � Title: (' ; neA'cam' Signature: - �'�U'�' ! ` '-� Date: Enclosed: Attachment A: Nondiscrimination and Equal Pay Affirmation Form Attachment B: City of Bozeman East Gallatin River Bank 2 Restoration Plan Set Attachment C: City of Bozeman East Gallatin River Bank 2 Restoration Construction Contract TDD; 406-582-2301 THE MOST LIVABLE PLACE. PAYMENT BOND Bond No.023229591 Contractor Surety Name: Stream Works, Inc. Name: The Ohio Casualty Insurance Company Address(principal place of business): Address(principal place of business): 4256 Berkshire Road 175 Berkeley Street East Helena, MT 59635 Boston, MA 02116 Owner Contract Name: City of Bozeman Description(name and locotion): Mailing address(principal place of business): City of Bozeman East Gallatin River Bank 2 121 N Rouse Avenue Restoration Project Bozeman, MT 59771 Contract Price: $33,709.50 Effective Date of Contract: Bond Bond Amount: $33,709.50 Thirty Three Thousand Seven Hundred Nine Dollars and 50/100 Date of Bond: Me,",�f4 20Ly (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: [N None❑See Paragraph 18 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth In this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. Contractor as Principal Surety Stream Works, Inc. The Ohio Casualty Insurance Company (Full 6rmal name of ntractor) orma a of rrety (corporate seal) (Si r at re) (Signature)(Attoch Power of Attorney) Name: /' L Name: Jonathan M. Emmons (Printed r pedJ (Printed or typed) Title: Title: Attorney-in-Fact Attest: Attest: 37-) ;on ure) (Signature) Name: Name: t'Jrt ce �✓e—I 4 (Printed or tyh ed) (Printed or typed) Title: /AR�A Z' J Title: Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EJCDC°C-615,Payment Bond. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 4 ~ 1. The Contractor and Surety, jointly and severally, bind themselves heirs,the�rheirs, executors, administrators, successors, and assigns tnthe Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,subject tm the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, dernands, liens, or suits by any person or entity seeking payment for labor,materials,or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Psragraph13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims,demands, liens,or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand,lien,orsuit. S. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Conti-actor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor orlast furnished materials or equipment included[n the Claim; and 5.1.2. have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim tn the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish u written notice of non-payment under ParagraphS.1.1. 7. When z Claimant has satisfied the conditions of Para&raphS.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer tothe Claimant, with a copy to the Owner,within dxty/G0>days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2. Pay nr arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed — to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 o/7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found tobe due and owing to the Claimant. ococ°caz5,Payment Bond. [vpydOhl:0� ZOzn National Society nf Professional cwgineers,Amedoncuund|vfsnMnno,inncompanies, and American Society of Civil Engineers.All rights reserved. Page anfo � 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith hy the Surety. 9. Amounts owed by tile Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of tile work. 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf ofClaimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders,and other obligations, 12. No suit or action will be cornmenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1,2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials n, equipment were furnished by anyone under tile Construction 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 will be applicable. 13. Notice and Claims tothe Surety, the Owner, or the Contractor must be mailed or delivered tothe address shown on the page un which their signature appears. Actual receipt of notice or Claims, however accomplished,will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When oo furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be u potential beneficiary of this Bond' the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. {luin--A written statement by the Claimant including ataminimum: 16.1.1. The nameof the Claimant; _ 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of tile agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials,or equipment furnished; szcuc°c-615,Payment Bond. Copyrigh�2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society nf Civil Engineers.All rights reserved. Page so+4 � 16.1.E The dote on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished asof the date of the Claim; 16.1.7. The total amount of previous payments received bv the Claimant;and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, orequipment furnished asof the date of the Claim. 16.2. [/uirnont—An individual or entity having u direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, o/' equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond is to include without limitation in the terms of"labor,materials, or equipment"that part of the water,gas, power,light,heat,oil,gasoline,telephone set-vice,or rental equipment used in the Construction Contract, architectural and engineering set-vices required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials,or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes rnade to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Docurrients—All the docurnents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications Lo this Bond are eofollows: [Describe mnnd|ficadmnmr enter°Nmnu''} Nona ocDC"'c'o15,Payment Bond. CopyrightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page 4ofo This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. �iber _ , Liberty Mutual Insurance Company MutuAln The Ohio Casualty Insurance Company Certificate No: 8204559.965029 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jonathan M. Ennnons,Lisa Duncan,Lynn Thompson all of the city of Helena state of MT each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of December , 2020 . Liberty Mutual Insurance Company P�1NSu Pot INS& a %NSUyq The Ohio Casualty Insurance Company o°aPo.rFyo �oP.0-Ok y0 West American Insurance Company (3 3 o m W vi Y;1912c/y0 0y1919� 0 4 1991 AMPSaD� YS �N°IANP' ,aa �11 •a) U co David M.Carey,Assistant Secretary o m State of PENNSYLVANIA �3 County of MONTGOMERY ss o E oOn this 3rd day of December 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ` co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes mtherein contained by signing on behalf of the corporations by himself as a duly authorized officer. — 1 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. too � p PAS d O ` QF'S yoNW TF! COMMONWEALTH OF PENNSYLVANIA O O ��von ��ay y Notarial Seal C OF Teresa Pastella,Notary Public E C Upper MarionTwp.,Montgomery County By: O N My Commission Expires March 28, o 2021 < LVP Teresa Pastella,Notary Public Q N q13Y Member,Pennsylvania Association of Notaries O -,F)a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0-Si Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: l0 M m ARTICLE IV—OFFICERS:Section 12.Power of Attorney. -°O Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the v o = 0 President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m(O Co C: any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall v > (D — " have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o m Z0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. to? ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of � �v 1NSU.0 P�ZY INS& a %NSUgq J 3°°�Porr�rOycc� Q 3°oNPor�gr��ytf `v3°oaPoq,�royC, 1912�/`y on 0 1919 n f 1991 on "C rd�J'SSA°NN`'" .da y�y HAMPg�\�•aD�O ems, �NDIAN�' dad By Renee C.Llewellyn,Assistant Secretar y LMS-12873 LMIC OCIC WAIC Multi Co 8/20 PERFORMANCE BOND Bond No.023229591 Contractor Surety Name: Stream Works, Inc. Name: The Ohio Casualty Insurance Company Address(principal place of business): Address(principal place of business): 4256 Berkshire Road 175 Berkeley Street East Helena, MT 59635 Boston, MA 02116 Owner Contract Name: City of Bozeman Description(name and location): Mailing address(principal place of business): City of Bozeman East Gallatin River Bank 2 121 N Rouse Avenue Restoration Project Bozeman, MT 59771 Contract Price: $33,709.50 Effective Date of Contract: Bond ^ Bond Amount: $33,709.50 Thirty Three Thousand Seven Hundred Nine Dollars and 50/100 Date of Bond: 1'1&.c4 400 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: IN None ❑See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth in this Performance Bond,do each cause this Performance Bond to be duly executed by an authorized officer, agent,or representative. Contractor as Principal Surety �~ Stream Works, Inc. _ The Ohio Casualty Insurance Company (Full anal name oC-ontract r) _ 7(Fulial name of S ety orporate Beall By: By: (Si n lure) (signatureJ(Attach Pawcr of 4t orney) Name: - Name: Jonathan M. Emmons _ (Printed or t ed) (Printed or typed) Title: Title: orne -in-Fact Attest: Attest: GlJ (signature) (Signature) r Name: Name: t Gt n n ���r-� Y4L (Printed oft ped) I - ) (Printed or typed) Title: Title: W Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Anysingular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EJCDCG C-610,Performance Bond. Copyrightf'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 4 � 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, execuhonS, administrators, successors, and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference, 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in u conference as provided in Panagraph3. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner,Contractor,and Surety to discuss the Contractor's performance, If the Owner does not request a conference,the Surety may,within five(5) business days after receipt of the Owner's notice, request such o conference. If the Surety timely requests e conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested tinder this Paragraph 3.1 will be field within ten (10) business days of the Surety's receipt of the Owner's notice. If the owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such anagreementdoesnotwaivetheOxvne/s /ight, ifany, subsequent|ytodedeneoContractor Default; 3.2. The Owner declares a Contractor Default,terminates the Construction Contract and notifies tile Surety;and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,except to the extent the Surety dernonstrates actual prejudice. S. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent ofthe Owner, to perform and complete tile Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners _ concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to tile bonds issued on the Construction Contract, and pay to the Owner tile amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner ase result of the Contractor Default;or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: cicocoC-6o\Performance Bond. [opyhgh0l2010 National Society uf Professional Engineers,American Council uf Engineering Companies, and American Society uf Civil Engineers.All rights reserved, Page zn[4 5.4.1 After investigation,determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or 5.4.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner-shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part,without further-notice,the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety will not be greater than those of the Owner- under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5;and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. B. If the Surety elects to act under Paragraph 5.1,5.3,or 5.4,the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders,and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety,the Owner,or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such EJCDCO C-610,Performance Bond, Copyrighto 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 4 - statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. 8okxnceq/d1e[ontnxctpdcc--Thetota/umountpayab|ebythe{)vvnertothe[ontracborunder the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Conti-actor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 14.2. Construction Controct—The agreement between the Owner and Conti-actor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. [bntructurDe/ault--Fai|uve of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay tile Contractor as required under tile Construction Contract orto perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. /f this Bond io issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modiflcations to this Bond are as follows: (Describe modification or enter"None"] None _ E/CnC»C'*10,Performance Bond. CopyrightO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v(Civil Engineers.All rights reserved. Page 4nf4 STREWOR-01 SSAUER CERTIFICATE OF LIABILITY INSURANCE DAT217/2 D/YYYY) 2/7/2024 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO A E:NTACT N Helena Office PHONE Marsh McLennan Agency LLC (A/C,No,Ext):(406)442-5360 (AIC,No): P.O.Box 6127 E-MAIL Helena,MT 59604 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:EMC Insurance Companies 00000 INSURED INSURER B:Montana State Fund 15819 Stream Works,Inc.,Hydroworks,LLP INSURER C: 4266 Berkshire Rd INSURERD: East Helena,MT 59635 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TR I TYPE OF INSURANCE IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 2X8395923 4/19/2023 4/19/2024 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP(Anyone person $ 5,000 PERSONAL R ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JET �X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ _ X ANY AUTO X 2X8395923 4/19/2023 4/19/2024 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS p BODILY INJURY Per accident $ _ AUTOS ONLY AUTOS ONLY PerOacadey AMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 031397581 7/1/2023 7/1/2024 -E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater 2X8395923 4/19/2023 4/19/2024 limit 684,615 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:East Gallatin River Bank 2 Restoration Project Certificate holder is hereby listed a primary and non-contributory additional insured with respects to the General Liability and Auto Coverage. A 30 day notice of cancellation applies unless due to non-payinent of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 69771 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section 11 — Who Is An Insured is amended to surveys, field orders, change orders or drawings include as an additional insured: and specifications; or 1. Any person or organization for whom you are b. Supervisory, inspection, architectural or performing operations when you and such engineering activities. person or organization have agreed in writing in This exclusion applies even if the claims against a contract or agreement that such person or any insured allege negligence or other wrongdoing organization be added as an additional insured in the supervision, hiring, employment, training or on your policy; and monitoring of others by the insured, if the 2. Any other person or organization you are "occurrence" which caused the "bodily injury" or required to add as an additional insured under "property damage", or the offense which caused the the contract or agreement described in "personal and advertising injury", involved the Paragraph 1. above, rendering of, or the failure to render, any Such person(s) or organization(s) is an additional professional architectural, engineering or surveying insured only with respect to liability for "bodily services. injury", "property damage" or "personal and C. With respect to the insurance afforded to these advertising injury"caused, in whole or in part, by: additional insureds, the following is added to a. Your acts or omissions; or Section III—Limits Of Insurance: b. The acts or omissions of those acting on The most we will pay on behalf of the additional your behalf; insured is the amount of insurance: in the performance of: 1. Required by the contract or agreement described in Paragraph A.1.; or a. your ongoing operations for the additional 2. Available under the insured; or applicable Limits of b. "Your work" for the additional insured and Insurance shown in the Declarations; whichever is less. included in the "products — completed operations hazard". This endorsement shall not increase the applicable However, the insurance afforded to such additional Limits of Insurance shown in the Declarations. insured described above: D. The following is added to the Other Insurance a. Only applies to the extent permitted by law; Condition and supersedes any provision to the and contrary: b. Will not be broader than that which you are Primary and Noncontributory Insurance required by the contract or agreement to This insurance is primary to and will not seek provide for such additional insured. contribution from any other insurance available to B. With respect to the insurance afforded to these an additional insured under your policy provided additional insureds, the following additional that: exclusion applies: (1) The additional insured is a Named Insured This insurance does not apply to "bodily injury," under such other insurance; and "property damage" and "personal and advertising (2) You have agreed in writing in a contract or injury" arising out of the rendering of, or the failure agreement that this insurance would be primary to render, any professional architectural, and would not seek contribution from any other engineering or surveying services including: insurance available to the additional insured. a. The preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain or approve maps, shop drawings, opinions, reports, unchanged. CG7174.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 F. LOCKSMITH SERVICES 3. Subject to the above limit and deductible Section III — Physical Damage Coverage, A.4. provisions, we will provide coverage equal to Coverage Extensions is amended by adding the the broadest coverage applicable to any following: covered"auto"you own. We will pay up to $50 per occurrence for necessary We will pay up to$1,000, in addition to the limit locksmith services for keys locked inside a covered above, for Loss Of Use Expenses of a hired private passenger "auto" for which Comprehensive "auto" to a leasing or rental concern for a Coverage is provided. The deductible is waived for monetary loss sustained, provided it results these services. from an "accident" for which you are legally G. TRANSPORTATION EXPENSES liable. Section III — Physical Damage Coverage, A.4. However, coverage does not apply to any "auto" Coverage Extensions Subparagraph a. leased, hired, rented or borrowed in your Motor Transportation Expenses is replaced by the Carrier Operations and any "auto" that is leased, following: hired, rented or borrowed with a driver is not a (1) We will pay up to $75 per day to a maximum of covered "auto". $1,000 for temporary transportation expense J. PERSONAL PROPERTY OF OTHERS incurred by you because of the total theft of a Section III — Physical Damage Coverage, A.4. covered"auto"of the private passenger type. We Coverage Extensions is amended by adding the will pay only for those covered "autos" for which following: you carry either Comprehensive or Specified We will pay up to $500 for loss to Personal Property Cause of Loss Coverage. We will pay for Of Others that was damaged while in or on your temporary transportation expenses incurred covered"auto"at the time of a covered"auto"loss. during the period beginning 48 hours after the theft and ending, regardless of the Policy's No deductibles apply to this coverage. expiration, when the covered"auto" is returned to K. RENTAL REIMBURSEMENT EXPENSES use or we pay for its"loss". Section III — Physical Damage Coverage, A.4. (2) If the temporary transportation expenses you Coverage Extensions is amended by adding the incur arise from your rental of an "auto" of the following: private passenger type, the most we will pay is the amount it costs to rent an"auto"of the private 1. This coverage applies only to a covered"auto"for passenger type which is of the same like, kind which Physical Damage Coverage is provided and quality as the stolen covered"auto". on this Policy. H. ELECTRONIC EQUIPMENT COVERAGE ADDED 2. We will pay for Rental Reimbursement LIMITS Expenses incurred by you for the rental of an auto because of loss to a covered "auto". All electronic equipment that reproduces, receives or Payment applies in addition to the otherwise transmits audio, visual, and data electronic equipment applicable amount of each coverage you have on signals in any one loss is $1,000 Per "Loss" are in a covered "auto". No deductibles apply to this addition to the sublimit in Paragraph C.1.b. of the coverage. Limits Of Insurance Provision under Section III — Physical Damage Coverage. 3. We will pay only for those expenses incurred during the Policy period beginning 24 hours after 1. HIRED AUTO PHYSICAL DAMAGE the "loss" and ending, regardless of the Policy's Section III — Physical Damage Coverage, A.4. expiration, with the lesser of the following number Coverage Extensions is amended by adding the of days: following: a. The number of days reasonably required to If hired "autos" are covered "autos" for Liability repair or replace the covered "auto". If"loss" Coverage, and if Comprehensive, Specified Causes is caused by theft, this number of days is of Loss, or Collision Coverage is provided for any added to the number of days it takes to locate "auto" you own, then the Physical Damage the covered"auto"and return it to you;or Coverages provided are extended to "autos" you b. 30 days. lease, hire, rent or borrow subject to the following limit p and deductible: y .4 Our payment is limited to the lesser of the following amounts: 1. The most we will pay for loss to any leased, hired, a. Necessary and actual expenses incurred; or rented or borrowed 'auto is the lesser of Actual ry p Cash Value, $75,000, or Cost of Repair, rninus b. $50 per day,subject to a$1,500 limit. the deductible. 5. This coverage does not apply while there are 2. The deductible will be equal to the largest spare or reserve "autos" available to you for your deductible applicable to any owned"auto"for that operations. coverage. CA7270(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 3 AVEMC Account Number: 0 Policy Term:See Section Declarations To:03/01/2025/2025 INSURANCE 12:01 A.M. Standard Time (Unless Changed On The Section Declarations) Common Declarations Named Insured Producer CITY OF BOZEMAN; ITS REPRESENTATIVE, MARSH & MCLENNAN AGENCY, LLC CONSULTANTS, CONSULTANT AGENTS AND PO BOX 6127 EMPLOYEES HELENA, MT 59604-6127 PO BOX 1230 AGENT NO. P7134-0001 BOZEMAN, MT 59771-1230 AGENT PHONE:406-442-5360 CLAIM REPORTING: 888-362-2255 In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. The company affording coverage is designated by the name in the declarations or information page for each section of the policy. Coverages and Premium Section Coverage Premium 1 Property y _ No Coverage 2 Liability $738.00 3 Crime and Fidelity No Coverage 4 Inland Marine No Coverage 5 Automobile No Coverage 6 Workers' Compensation No Coverage 7 Umbrella No Coverage 8 Other Estimated Total Policy Premium $738.00 Forms applicable to all sections except: 1. Workers'compensation Authorized Representative Signature: Date of Issue:02/22/2024 Place of Issue: Bismarck, ND Form: IL 7000A Ed. 9-02 0407264 ArEMCAccount Number:0 Policy Term: See Section Declarations To:03/01/20251/2025 INSURANCE 12:01 A.M. Standard Time (Unless Changed On The Section Declarations) The address and telephone number of the servicing company is: EMC Insurance Companies Phone: 701-323-3400 1838 E. Interstate Avenue Bismarck, ND 58503-0565 Authorized Representative Signature: Date of Issue:02/22/2024 Place of Issue: Bismarck, ND Form: IL 7000A Ed.9-02 0407264 AWEM INSURANCE Employers Mutual Casualty Company O W N E R S A N D C O N T R A C T O R S P R O T E C T I V E D E C L A R A T I O N S *---------------------------* POLICY PERIOD: FROM 03/01/2024 TO 03/01/2025 * POLICY NUMBER * BBB3861---25 *---------------------------* N A M E D I N S U R E D: P R O D U C E R: CITY OF BOZEMAN; ITS REPRESENTATIVE, MARSH & MCLENNAN AGENCY, LLC CONSULTANTS, CONSULTANT AGENTS AND PO BOX 6127 EMPLOYEES HELENA, MT 59604-6127 PO BOX 1230 AGENT NO. P7134 BOZEMAN, MT 59771-1230 AGENT PHONE: 406-442-5360 Direct Bill CLAIM REPORTING: 888-362-2255 SERVICING CARRIER:701-323-3400 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITS OF INSURANCE AGGREGATE LIMIT $ 2,000,000 EACH OCCURENCE LIMIT $ 1,000, 000 ---------------------------------------------------------------------------- C O V E R A G E S P R O V I D E D P R E M I U M ----------------------------------- -------------- OWNERS AND CONTRACTORS PROTECTIVE $ 738 .00 -------------------------------------------------- TOTAL ESTIMATED POLICY PREMIUM $ 738.00 -------------------------------------------------- ---------------------------------------------------------------------------- SEE ATTACHED SCHEDULE FOR LOCATION OF COVERED OPERATIONS OR JOB LOCATION ---------------------------------------------------------------------------- FORMS APPLICABLE: CG0009 (04/13),CG2170 (01/15), CG2176 (01/15),CG2841 (10/03), CG2951 (12/07),CG3353 (12/23), CG3446 (12/19),CG3497 (12/23),CG7001A(10/12), CG7741 (01/22), IL0017 (11/98), IL0021 (09/08), IL0167 (10/13), IL7004 (03/20), IL7131A(04/01), IL8383.2A(12/20), IL8384A(01/08), IL8576 (10/17) DATE OF ISSUE: 02/22/2024 FORM CG7002A ED. 01-06 03/01/2024 BBB3861 2501 AVEMC Employers Mutual Casualty Company Policy: BBB3861 -25 INSURANCE Policy Term: 03/01/2024-03/01/2025 Commercial General Liability Policy Declarations Endorsement Schedule Form Edition Description/Additional information Premium Date CG 00 09 0413 Owners And Contractors Protective Liability Coverage Form -Coverage For Operations Of Designated Contractor CG 21 70 01 15 Cap On Losses From Certified Acts Of Terrorism CG 21 76 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CG 28 41 1003 Montana Changes CG 29 51 1207 Employment-Related Practices Exclusion CG 33 53 1223 Exclusion-Access or Disclosure of Confidential or Personal Material or Information CG 34 46 1219 Cannabis Exclusion CG 34 97 1223 Exclusion -Cyber Incident CG 70 01A 1012 General Liability Schedule CG 77 41 01 22 Asbestos Exclusion IL 00 17 11 98 Common Policy Conditions IL 00 21 0908 Nuclear Energy Liability Exclusion Endorsement IL 01 67 10 13 Montana Changes-Conformity With Statutes Date of Issue:02/22/2024 Form IL7131A Ed.04-01 03/01/2024 BBB3861 2501 AVEMC Employers Mutual Casualty Company INSURANCE Policy: BBB3861 -25 Policy Term:03/01/2024-03/01/2025 Form Edition Description/Additional Information Premium Date IL 70 04 0320 Mutual Policy Provisions IL 71 31A 0401 Commercial Policy Endorsement Schedule IL 83 83.2A 1220 Disclosure Pursuant To Terrorism Risk Insurance Act $6.00 IL 83 84A 01 08 Notice IL 85 76 1017 Important Notice To Policyholders Date of Issue: 02/22/2024 Form IL7131A Ed.04-01 03/01/2024 BBB3861 2501 AVEMC INSURANCE Employers Mutual Casualty Company POLICY NUMBER: BBB3861 - 25 EFF DATE: 03/01/2024 EXP DATE: 03/01/2025 T E R R O R I S M N 0 T I C E THIS INSURANCE MAY INCLUDE COVERAGE FOR CERTIFIED ACTS OF TERRORISM AS DEFINED IN THE TERRORISM RISK INSURANCE ACT, AS AMENDED. ATTACHED YOU WILL FIND A DISCLOSURE, WHICH IDENTIFIES THE SPECIFIC CHARGE FOR CERTIFIED ACTS OF TERRORISM. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE --------------------------------------------------------- FOR ADDITIONAL INFORMATION, PLEASE CONTACT YOUR AGENT DATE OF ISSUE: 02/22/2024 IL8384A(01-08) 03/01/2024 BBB3861 250.1 AFEMC INSURANCE Employers Mutual Casualty Company POLICY NUMBER: BBB3861 - 25 EFF DATE: 03/01/2024 EXP DATE: 03/01/2025 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. D I S C L O S U R E P U R S U A N T T O T E R R O R I S M R I S K I N S U R A N C E A C T ----------------------------------------------------------------------- S C H E D U L E Terrorism Premium (Certified Acts) $6.00 ----------------------------------------------------------------------- A. Disclosure Of Premium: In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses: The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses: If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The following statement is required to be part of the disclosure notice in MISSOURI: The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions, limitations and exclusions in this policy. You should read the definition in your policy carefully, but generally speaking, "certified" acts of terrorism are acts that exceed $5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. INCLUDES COPYRIGHTED MATERIAL OF ISO PROPERTIES, INC. WITH ITS PERMISSION DATE OF ISSUE: 02/22/2024 IL8383.2A (12-20) 03/01/2024 BBB3861 2501 ArEMC Employers Mutual Casualty Company Policy: BBB3861 -25 INSURANCE Policy Term:03/01/2024-03/01/2025 General Liability Schedule Products/ Products( Compt Ops Compl Ops All Other All Other Code No./Exposure/Classification Rate Advance Prem Rate Advance Prem Location 000 Owners and Contractors Balance to $706 Subline Minimum Location 001 16292 Construction Operations-Owner(No 0.769 0.7690 $26 RR)-Excluding Operations On Board Ships-NOC Prem Basis: Total Cost Exposure: $33,710 = I Premium For Certified Acts of Terrorism $6.00 Total Estimated Policy Premium $738.00 Designated Contractor Name: STREAM WORKS, INC Mailing Address: 4256 BERKSHIRE RD EAST HELENA, Montana 59635 Location of Covered Operations/Job Location: City of Bozeman East Gallatin River Bank 2 Restoration Project Date of Issue:02/22/2024 Form CG7001A Ed. 10-12 03/01/2024 BBB3861 2501 COMMERCIAL GENERAL LIABILITY CG 00 09 0413 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" and arises out refer to the Named Insured shown in the Declarations. of: The words "we", "us" and "our" refer to the company (a) Operations performed for you by the providing this insurance. "contractor" at the location specified in The word "insured" means any person or organization the Declarations; or qualifying as such under Section II — Who Is An (b) Your acts or omissions in connection Insured. with the general supervision of such Other words and phrases that appear in quotation operations; marks have special meaning. Refer to Section V — (2) The "bodily injury" or "property damage" Definitions. occurs during the policy period; and SECTION I—COVERAGES (3) Prior to the policy period, no insured listed BODILY INJURY AND PROPERTY DAMAGE under Paragraph 1. of Section II — Who Is LIABILITY An Insured and no "employee" authorized 1. Insuring Agreement by you to give or receive notice of an "occurrence" or claim, knew that the "bodily a. We will pay those sums that the insured injury" or "property damage" had occurred, becomes legally obligated to pay as damages in whole or in part. If such a listed insured because of"bodily injury" or"property damage" or authorized "employee" knew, prior to the to which this insurance applies. We will have policy period, that the "bodily injury" or the right and duty to defend the insured against "property damage" occurred, then any any "suit" seeking those damages. However, continuation, change or resumption of such we will have no duty to defend the insured "bodily injury" or "property damage" during against any "suit" seeking damages for"bodily or after the policy period will be deemed to injury or property damage to which this have been known prior to the policy period. insurance does not apply. We may, at our discretion, investigate any "occurrence" and c. "Bodily injury" or "property damage" which settle any claim or"suit"that may result. But: occurs during the policy period and was not, prior to the policy period, known to have (1) The amount we will pay for damages is occurred by any insured listed under limited as described in Section III — Limits Paragraph 1. of Section II—Who Is An Insured Of Insurance; and or any "employee" authorized by you to give or (2) Our right and duty to defend ends when we receive notice of an "occurrence" or claim, have used up the applicable limit of includes any continuation, change or insurance in the payment of judgments or resumption of that "bodily injury" or "property settlements. damage"after the end of the policy period. No other obligation or liability to pay sums or _ perform acts or services is covered unless explicitly provided for under Supplementary Payments. CG 00 09 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 9 d. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1. of Section II — Who Is An resolution proceeding in which damages Insured or any"employee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Work Completed Or Put To Intended Use (1) Reports all, or any part, of the"bodily injury" "Bodily injury" or "property damage" which or "property damage" to us or any other occurs after the earlier of the following times: insurer; (2) Receives a written or verbal demand or (1) When all "work" on the project (other than claim for damages because of the "bodily service, maintenance or repairs) to be performed for you by the "contractor" at the injury"or"property damage"; or site of the covered operations has been (3) Becomes aware by any other means that completed; or "bodily injury" or "property damage" has (2) When that portion of the "contractor's" occurred or has begun to occur. "work", out of which the injury or damage e. Damages because of "bodily injury" include arises, has been put to its intended use by damages claimed by any person or any person or organization, other than organization for care, loss of services or death another contractor or subcontractor working resulting at any time from the"bodily injury". directly or indirectly for the "contractor" or 2. Exclusions as part of the same project. This insurance does not apply to: d. Acts Or Omissions By You And Your Employees a. Expected Or Intended Injury "Bodily injury" or"property damage" arising out "Bodily injury" or "property damage" expected of your, or your"employees", acts or omissions or intended from the standpoint of the insured. other than general supervision of "work" This exclusion does not apply to "bodily injury" performed for you by the"contractor". resulting from the use of reasonable force to protect persons or property. e. Workers'Compensation And Similar Laws b. Contractual Liability Any obligation of the insured under a workers' compensation, disability benefits or "Bodily injury" or "property damage" for which unemployment compensation law or any the insured is obligated to pay damages by similar law. reason of the assumption of liability in a contract or agreement. This exclusion does not f. Employer's Liability apply to liability for damages: "Bodily injury"to: (1) That the insured would have in the absence (1) An "employee" of the insured arising out of of the contract or agreement; or and in the course of: (2) Assumed in a contract or agreement that is (a) Employment by the insured; or an "insured contract", provided the "bodily (b) Performing duties related to the conduct injury" or "property damage" occurs of the insured's business; or subsequent to the execution of the contract or agreement. Solely for the purposes of (2) The spouse, child, parent, brother or sister liability assumed in an "insured contract", of that "employee" as a consequence of reasonable attorneys' fees and necessary Paragraph (1)above. litigation expenses incurred by or for a party This exclusion applies whether the insured other than an insured are deemed to be may be liable as an employer or in any other damages because of "bodily injury" or capacity and to any obligation to share "property damage", provided: damages with or repay someone else who (a) Liability to such party for, or for the cost must pay damages because of the injury. of, that party's defense has also been This exclusion does not apply to liability assumed in the same 'insured contract"; assumed by the insured under an "insured and contract". Page 2 of 9 0 Insurance Services Office, Inc., 2012 CG 00 09 0413 g. Damage To Property (ii) "Bodily injury" or "property damage" "Property damage"to: arising out of heat, smoke or fumes (1) Property you own, rent, or occupy, including from a"hostile fire"; any costs or expenses incurred by you, or (b) At or from any premises, site or location any other person, organization or entity, for which is or was at any time used by or repair, replacement, enhancement, for any insured or others for the restoration or maintenance of such property handling, storage, disposal, processing for any reason, including prevention of or treatment of waste; injury to a person or damage to another's (c) Which are or were at any time property; transported, handled, stored, treated, (2) Property loaned to you; disposed of, or processed as waste by or for: (3) Personal property in the care, custody or control of the insured; or (i) Any insured; or (4) "Work" performed for you by the (ii) Any person or organization for whom "contractor". you may be legally responsible; or h. War (d) At or from any premises, site or location on which any insured or any contractors "Bodily injury" or "property damage", however or subcontractors working directly or caused, arising, directly or indirectly, out of: indirectly on any insured's behalf are (1) War, including undeclared or civil war; performing operations if the "pollutants" (2) Warlike action by a military force, including are brought on or to the premises, site action in hindering or defending against an or location in connection with such actual or expected attack, by any operations by such insured, contractor government, sovereign or other authority or subcontractor. However, this using military personnel or other agents; or subparagraph does not apply to: (3) Insurrection, rebellion, revolution, usurped (i) "Bodily injury" or "property damage" power, or action taken by governmental arising out of the escape of fuels, authority in hindering or defending against lubricants or other operating fluids any of these. which are needed to perform the normal electrical, hydraulic or I. Mobile Equipment mechanical functions necessary for "Bodily injury" or"property damage" arising out the operation of "mobile equipment" of the use of"mobile equipment" in, or while in or its parts, if such fuels, lubricants practice for, or while being prepared for, any or other operating fluids escape from prearranged racing, speed, demolition, or a vehicle part designed to hold, store stunting activity. or receive them. This exception does not apply if the "bodily injury" or j. Pollution "property damage" arises out of the (1) "Bodily injury" or "property damage" arising intentional discharge, dispersal or out of the actual, alleged or threatened release of the fuels, lubricants or discharge, dispersal, seepage, migration, other operating fluids, or if such release or escape of"pollutants": fuels, lubricants or other operating (a) At or from any premises, site or location fluids are brought on or to the which is or was at any time owned or premises, site or location with the occupied by, or rented or loaned to, any intent that they be discharged, insured. However, this subparagraph dispersed or released as part of the does not apply to: operations being performed by such (i) "Bodily injury" if sustained within a insured, contractor or subcontractor; building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; CG 00 09 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 9 (ii) "Bodily injury" or "property damage" This exclusion does not apply to the loss of use sustained within a building and of other property arising out of sudden and caused by the release of gases, accidental physical injury to "work" performed fumes or vapors from materials for you by the"contractor". brought into that building in I. Electronic Data connection with operations being performed by or on behalf of any Damages arising out of the loss of, loss of use insured; or of, damage to, corruption of, inability to access, (III) "Bodily injury" or "property damage" or inability to manipulate electronic data. arising out of heat, smoke or fumes However, this exclusion does not apply to from a"hostile fire". liability for damages because of"bodily injury". (e) At or from any premises, site or location As used in this exclusion, electronic data on which any insured or any contractors means information, facts or programs stored as or subcontractors working directly or or on, created or used on, or transmitted to or indirectly on any insured's behalf are from computer software, including systems and performing operations if the operations applications software, hard or floppy disks, CD- are to test for, monitor, clean up, ROMs, tapes, drives, cells, data processing remove, contain, treat, detoxify or devices or any other media which are used neutralize, or in any way respond to, or with electronically controlled equipment. assess the effects of"pollutants". SUPPLEMENTARY PAYMENTS (2) Any loss, cost or expense arising out of 1. We will pay, with respect to any claim we any: investigate or settle, or any "suit" against an (a) Request, demand, order or statutory or insured we defend: regulatory requirement that any insured a. All expenses we incur. or others test for, monitor, clean up, b. Up to $250 for cost of bail bonds required remove, contain, treat, detoxify or because of accidents or traffic law violations neutralize, or in any way respond to, or arising out of the use of any vehicle to which assess the effects of"pollutants"; or this insurance applies. We do not have to (b) Claim or suit by or on behalf of a furnish these bonds. governmental authority for damages c. The cost of bonds to release attachments, but because of testing for, monitoring, only for bond amounts within the applicable cleaning up, removing, containing, limit of insurance. We do not have to furnish treating, detoxifying or neutralizing, or in these bonds. any way responding to, or assessing the effects of"pollutants". d. All reasonable expenses incurred by the insured at our request to assist us in the However, this paragraph does not apply to investigation or defense of the claim or "suit", liability for damages because of property including actual loss of earnings up to $250 a damage' that the insured would have in the day because of time off from work. absence of such request, demand, order or statutory or regulatory requirement, or such e. All court costs taxed against the insured in the claim or "suit" by or on behalf of a "suit". However, these payments do not include governmental authority. attorneys' fees or attorneys' expenses taxed k. Damage To Impaired Property Or Property against the insured. Not Physically Injured If. Prejudgment interest awarded against the "Property damage" to "impaired property" or insured on that part of the judgment we pay. If property that has not been physically injured, we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment arising out of: interest based on that period of time after the (1) A defect, deficiency, inadequacy or offer. dangerous condition in "work" performed for g. All interest on the full amount of any judgment you by the"contractor'; or that accrues after entry of the judgment and (2) A delay or failure by you or anyone acting before we have paid, offered to pay, or on your behalf to perform a contract or deposited in court the part of the judgment that agreement in accordance with its terms, is within the applicable limit of insurance. Page 4 of 9 ©Insurance Services Office, Inc., 2012 CG 00 09 0413 h. Expenses incurred by the insured for first aid So long as the above conditions are met, administered to others at the time of an attorneys' fees incurred by us in the defense of accident for "bodily injury" to which this that indemnitee, necessary litigation expenses insurance applies. incurred by us and necessary litigation expenses These payments will not reduce the limits of incurred by the indemnitee at our request will be insurance. paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2. If we defend an insured against a "suit" and an 2.b.(2) of Section 1 — Coverages — Bodily Injury indemnitee of the insured is also named as a party And Property Damage Liability, such payments will to the "suit", we will defend that indemnitee if all of not be deemed to be damages for "bodily injury" the following conditions are met: and "property damage" and will not reduce the a. The "suit" against the indemnitee seeks limits of insurance. damages for which the insured has assumed Our obligation to defend an insured's indemnitee the liability of the indemnitee in a contract or and to pay for attorneys' fees and necessary agreement that is an insured contract"; litigation expenses as Supplementary Payments b. This insurance applies to ' such liability ends when we have used up the applicable limit of assumed by the insured; insurance in the payment of judgments or c. The obligation to defend, or the cost of the settlements or the conditions set forth above, or defense of, that indemnitee, has also been the terms of the agreement described in assumed by the insured in the same "insured Paragraph f. above, are no longer met. contract'; SECTION II—WHO IS AN INSURED d. The allegations in the "suit"and the information 1. If you are designated in the Declarations as: we know about the "occurrence" are such that a. An individual, you and your spouse are no conflict appears to exist between the insureds. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an e. The indemnitee and the insured ask us to insured. Your members, your partners, and their spouses are also insureds, but only with conduct and control the defense of that respect to their duties as partners or members indemnitee against such "suit" and agree that of a joint venture. we can assign the same counsel to defend the insured and the indemnitee; and c. A limited liability company, you are an insured. Your members are also insureds, but only with f. The indemnitee: respect to their duties as members of a limited (1) Agrees in writing to: liability company. Your managers are insureds, (a) Cooperate with us in the investigation, but only with respect to their duties as your settlement or defense of the"suit'; managers. (b) Immediately send us copies of any d. An organization other than a partnership, joint demands, notices, summonses or legal venture or limited liability company, you are an papers received in connection with the insured. Your"executive officers" and directors are insureds, but only with respect to their ,.suit"; duties as your officers or directors. Your (c) Notify any other insurer whose coverage stockholders are also insureds, but only with is available to the indemnitee; and respect to their liability as stockholders. (d) Cooperate with us with respect to 2. Each of the following is also an insured: coordinating other applicable insurance a. Any person (other than your "employee") or available to the indemnitee; and an organization while actin as 2 Provides us with written authorization to: y g 9 your real O estate manager. (a) Obtain records and other information related to the"suit'; and (b) Conduct and control the defense of the indemnitee in such"suit". CG 00 09 04 13 ©Insurance Services Office, Inc., 2012 Page 5 of 9 b. Any person or organization having proper 2. Cancellation temporary custody of your property if you die, a. The first Named Insured shown in the but only: Declarations may cancel this policy by mailing (1) With respect to liability arising out of the or delivering to us advance written notice of maintenance or use of that property; and cancellation. (2) Until your legal representative has been b. We may cancel this policy by mailing or appointed. delivering to the first Named Insured and the c. Your legal representative if you die, but only "contractor" written notice of cancellation at with respect to duties as such. That least: representative will have all your rights and (1) 10 days before the effective date of duties under this Coverage Part. cancellation if we cancel for nonpayment of No person or organization is an insured with respect premium; or to the conduct of any current or past partnership,joint (2) 30 days before the effective date of venture or limited liability company that is not shown cancellation if we cancel for any other as a Named Insured in the Declarations. reason. SECTION III—LIMITS OF INSURANCE c. We will mail or deliver our notices to the first 1. The Limits of Insurance shown in the Declarations Named Insured's and the "contractor's" last and the rules below fix the most we will pay mailing address known to us. regardless of the number of: d. Notice of cancellation will state the effective a. Insureds; date of cancellation. The policy period will end b. Claims made or"suits" brought; or on that date. e. If this policy is cancelled, we will send the c. Persons or organizations making claims or "contractor" any premium refund due. If we bringing "suits". cancel, the refund will be pro rata. If the first 2. The Aggregate Limit is the most we will pay for the Named Insured cancels, the refund may be sum of damages because of all "bodily injury" and less than pro rata. The cancellation will be "property damage". effective even if we have not made or offered a 3. Subject to Paragraph 2, above, the Each refund. Occurrence Limit is the most we will pay for the f. If notice is mailed, proof of mailing will be sum of damages because of all "bodily injury" and sufficient proof of notice. "property damage" arising out of any one 3. Changes "occurrence". This policy contains all the agreements between If you designate more than one project in the you, the "contractor" and us concerning the Declarations, the Aggregate Limit shall apply insurance afforded. The first Named Insured separately to each project. shown in the Declarations and the "contractor" are The Limits of Insurance of this Coverage Part apply authorized to make changes in the terms of this separately to each consecutive annual period and to policy with our consent. This policy's terms can be any remaining period of less than 12 months, starting amended or waived only by endorsement issued with the beginning of the policy period shown in the by us and made a part of this policy. Declarations, unless the policy period is extended 4. Duties In The Event Of Occurrence,Claim Or after issuance for an additional period of less than 12 Suit months. In that case, the additional period will be deemed part of the last preceding period for purposes a. You must see to it that we are notified as soon of determining the Limits of Insurance. as practicable of an "occurrence" which may result in a claim. To the extent possible, notice SECTION IV—CONDITIONS should include: 1. Bankruptcy (1) How, when and where the "occurrence" Bankruptcy or insolvency of the insured or of the took place; insured's estate will not relieve us of our (2) The names and addresses of any injured obligations under this Coverage Part. persons and witnesses; and Page 6 of 9 0 Insurance Services Office, Inc., 2012 CG 00 09 04 13 (3) The nature and location of any injury or (2) Comply with laws, regulations, codes or damage arising out of the"occurrence". standards. b. If a claim is made or "suit" is brought against c. Paragraphs a. and b. of this condition apply not any insured, you must: only to us, but also to any rating, advisory, rate (1) Immediately record the specifics of the service or similar organization which makes claim or"suit"and the date received; and insurance inspections, surveys, reports or recommendations. (2) Notify us as soon as practicable. d. Paragraph b. of this condition does not apply to You must see to it that we receive written any inspections, surveys, reports or notice of the claim or "suit" as soon as recommendations we may make relative to practicable. certification, under state or municipal statutes, c. You and any other involved insured must: ordinances or regulations, of boilers, pressure (1) Immediately send us copies of any vessels or elevators. demands, notices, summonses or legal 7. Legal Action Against Us papers received in connection with the No person or organization has a right under this claim or"suit"; Coverage Part: (2) Authorize us to obtain records and other a. To join us as a party or otherwise bring us into information; a"suit"asking for damages from an insured; or (3) Cooperate with us in the investigation or b. To sue us on this Coverage Part unless all of settlement of the claim or defense against its terms have been fully complied with. the"suit'; and A person or organization may sue us to recover on (4) Assist us, upon our request, in the an agreed settlement or on a final judgment enforcement of any right against any against an insured; but we will not be liable for person or organization which may be liable damages that are not payable under the terms of to the insured because of injury or damage this Coverage Part or that are in excess of the to which this insurance may also apply. applicable limit of insurance. An agreed settlement d. No insured will, except at that insured's own means a settlement and release of liability signed cost, voluntarily make a payment, assume any by us, the insured and the claimant or the obligation, or incur any expense, other than for claimant's legal representative. first aid, without our consent. 8. Other Insurance 5. Examination Of Your Books And Records The insurance afforded by this Coverage Part is We may examine and audit your books and primary insurance and we will not seek records as well as the "contractor's" books and contribution from any other insurance available to records as they relate to this policy at any time you unless the other insurance is provided by a during the policy period and up to three years contractor other than the designated "contractor" afterward. for the same operation and job location designated 6. Inspections And Surveys in the Declarations. Then we will share with that other insurance by the method described below. a. We have the right to: If all of the other insurance permits contribution by (1) Make inspections and surveys at any time; equal shares, we will follow this method also. (2) Give you reports on the conditions we find; Under this approach, each insurer contributes and equal amounts until it has paid its applicable limit (3) Recommend changes. of insurance or none of the loss remains, whichever comes first. b. We are not obligated to make any inspections, If any of the other insurance does not permit surveys, reports or recommendations and any contribution by equal shares, we will contribute by such actions we do undertake relate only to limits. Under this method, each insurer's share is insurability and the premiums to be charged. based on the ratio of its applicable limit of We do not make safety inspections. We do not insurance to the total applicable limits of insurance undertake to perform the duty of any person or of all insurers. organization to provide for the health or safety of workers or the public. And we do not warrant 9. Premiums that conditions: The"contractor": (1) Are safe or healthful; or a. Is responsible for the payment of all premiums; and CG 00 09 04 13 ©Insurance Services Office, Inc., 2012 Page 7 of 9 b. Will be the payee for any return premiums we b. Any other land vehicle that is subject to a pay. compulsory or financial responsibility law or 10.Premium Audit other motor vehicle insurance law where it is a. We will compute all premiums for this licensed or principally garaged. Coverage Part in accordance with our rules However, "auto" does not include "mobile and rates. equipment". b. Premium shown in this Coverage Part as 2. 'Bodily injury" means bodily injury, sickness or advance premium is a deposit premium only. disease sustained by a person, including death At the close of each audit period we will resulting from any of these at any time. compute the earned premium for that period 3. "Contractor" means the contractor designated in and send notice to the "contractor". The due the Declarations. date for audit and retrospective premiums is 4. "Employee" includes a "leased worker". the date shown as the due date on the bill. If "Employee" does not include a "temporary the sum of the advance and audit premiums worker". paid for the policy period is greater than the earned premium, we will return the excess to 5. "Executive officer" means a person holding any of the"contractor". the officer positions created by your charter, c. The "contractor" must keep records of the constitution, bylaws or any other similar governing information we need for premium computation, document. and send us copies at such times as we may 6. "Hostile fire" means one which becomes request. uncontrollable or breaks out from where it was 11.Separation Of Insureds intended to be. Except with respect to the Limits of Insurance, and 7. "Impaired property" means tangible property, other any rights or duties specifically assigned in this than work performed for you, that cannot be used Coverage Part to the first Named Insured, this or is less useful because: insurance applies: a. It incorporates work performed for you that is known or thought to be defective, deficient, a. As if each Named Insured were the only Named Insured; and inadequate or dangerous; or b. Separately to each insured against whom claim b. You have failed to fulfill the terms of a contract is made or"suit" is brought. or agreement; 12.Transfer Of Rights Of Recovery Against Others if such property can be restored to use by the To Us repair, replacement, adjustment or removal of the work performed for you or your fulfilling the terms If the insured has rights to recover all or part of of the contract or agreement. any payment we have made under this Coverage 8. "Insured contract"means: Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our a. A lease of premises; request, the insured will bring "suit' or transfer b. A sidetrack agreement; those rights to us and help us enforce them. c. Any easement or license agreement, except in 13.When We Do Not Renew connection with construction or demolition If we decide not to renew this Coverage Part, we operations on or within 50 feet of a railroad; will mail or deliver to the first Named Insured d. An obligation, as required by ordinance, to shown in the Declarations written notice of the indemnify a municipality, except in connection nonrenewal not less than 30 days before the with work for a municipality; or expiration date. e. An elevator maintenance agreement. If notice is mailed, proof of mailing will be sufficient 9 Leased worker" means a person leased to you by proof of notice. a labor leasing firm under an agreement between SECTION V—DEFINITIONS you and the labor leasing firm, to perform duties 1. "Auto" means: related to the conduct of your business. "Leased a. A land motor vehicle, trailer or semitrailer worker"does not include a"temporary worker". designed for travel on public roads, including any attached machinery or equipment; or Page 8 of 9 ©Insurance Services Office, Inc., 2012 CG 00 09 0413 10."Mobile equipment" means any of the following However, "mobile equipment" does not include types of land vehicles, including any attached land vehicles that are subject to a compulsory or machinery or equipment: financial responsibility law or other motor vehicle a. Bulldozers, farm machinery, forklifts and other insurance law where it is licensed or principally vehicles designed for use principally off public garaged. Land vehicles subject to a compulsory or roads; financial responsibility law or other motor vehicle b. Vehicles maintained for use solely on or next to insurance law are considered "autos". premises you own or rent; 11."Occurrence" means an accident, including continuous or repeated exposure to substantially c. Vehicles that travel on crawler treads; the same general harmful conditions. d. Vehicles, whether self-propelled or not, 12."Pollutants" mean any solid, liquid, gaseous or maintained primarily to provide mobility to thermal irritant or contaminant, including smoke, permanently mounted: vapor, soot, fumes, acids, alkalis, chemicals and (1) Power cranes, shovels, loaders, diggers or waste. Waste includes materials to be recycled, drills; or reconditioned or reclaimed. (2) Road construction or resurfacing equipment 13."Property damage"means: such as graders, scrapers or rollers; a. Physical injury to tangible property, including e. Vehicles not described in Paragraph a., b., c. all resulting loss of use of that property. All or d. above that are not self-propelled and are such loss of use shall be deemed to occur at maintained primarily to provide mobility to the time of the physical injury that caused it; or permanently attached equipment of the b. Loss of use of tangible property that is not following types: physically injured. All such loss of use shall be (1) Air compressors, pumps and generators, deemed to occur at the time of the including spraying, welding, building 'occurrence"that caused it. cleaning, geophysical exploration, lighting For the purposes of this insurance, electronic data and well servicing equipment; or is not tangible property. (2) Cherry pickers and similar devices used to As used in this definition, electronic data means raise or lower workers; information, facts or programs stored as or on, f. Vehicles not described in Paragraph a., b., c. created or used on, or transmitted to or from, or d. above maintained primarily for purposes computer software, including systems and other than the transportation of persons or applications software, hard or floppy disks, CD- cargo. ROMs, tapes, drives, cells, data processing However, self-propelled vehicles with the devices or any other media which are used with following types of permanently attached electronically controlled equipment. equipment are not "mobile equipment" but will 14."Suit" means a civil proceeding, brought in the be considered "autos": United States of America (including its territories (1) Equipment designed primarily for: and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or (a) Snow removal; "property damage" to which this insurance applies (b) Road maintenance, but not construction are alleged. "Suit" includes: or resurfacing; or a. An arbitration proceeding in which such (c) Street cleaning; damages are claimed and to which the insured (2) Cherry pickers and similar devices mounted must submit or does submit with our consent; on automobile or truck chassis and used to or raise or lower workers; and b. Any other alternative dispute resolution (3) Air compressors, pumps and generators, proceeding in which such damages are including spraying, welding, building claimed and to which the insured submits with cleaning, geophysical exploration, lighting our consent. and well servicing equipment. 15."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 16."Work" includes materials, parts or equipment furnished in connection with the operations. CG 00 09 04 13 0 Insurance Services Office, Inc., 2012 Page 9 of 9 COMMERCIAL GENERAL LIABILITY CG 2170 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist 2. The act is a violent act or an act that is acts certified under the federal Terrorism Risk dangerous to human life, property or Insurance Act exceed $100 billion in a calendar infrastructure and is committed by an individual year and we have met our insurer deductible or individuals as part of an effort to coerce the under the Terrorism Risk Insurance Act, we shall civilian population of the United States or to not be liable for the payment of any portion of the influence the policy or affect the conduct of the amount of such losses that exceeds $100 billion, United States Government by coercion. and in such case insured losses up to that amount B. The terms and limitations of any terrorism are subject to pro rata allocation in accordance exclusion, or the inapplicability or omission of a with procedures established by the Secretary of terrorism exclusion, do not serve to create the Treasury. coverage for injury or damage that is otherwise "Certified act of terrorism" means an act that is excluded under this Coverage Part. certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism"include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and CG 21 70 01 15 ©Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 2176 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: 2. The act is a violent act or an act that is This insurance does not apply to: dangerous to human life, property or TERRORISM PUNITIVE DAMAGES infrastructure and is committed by an individual or individuals as part of an effort to coerce the Damages arising, directly or indirectly, out of a civilian population of the United States or to "certified act of terrorism" that are awarded as influence the policy or affect the conduct of the punitive damages. United States Government by coercion. B. The following definition is added: C. The terms and limitations of any terrorism "Certified act of terrorism" means an act that is exclusion, exclusion,he inapplicability ability or serve omission to of a certified by the Secretary of the Treasury, in accordance with the provisions of the federal coverage for injury or damage that is otherwise Terrorism Risk Insurance Act, to be an act of excluded under this Coverage Part. terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism"include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and CG 21 76 01 15 ©Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 28 41 10 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph b. of the CANCELLATION Condition is 2. ANNIVERSARY CANCELLATION replaced by the following: We may cancel any policy with a term of b.1. MIDTERM CANCELLATION more than one year by mailing or delivering We may cancel this policy based on the to the first Named Insured and the"contrac- provisions below, by mailing or delivering tor"written notice of cancellation at least 45 written notice to the first Named Insured days before the anniversary date of the pol- and the "contractor" at least 10 days before icy. Such cancellation will be effective on the effective date of cancellation: the policy's anniversary date. (a) If this policy has been in effect for less B. Paragraph e. of the CANCELLATION Condition is than 60 days, except as provided in replaced by the following: b.1.(c) below, we may cancel for any e. If this policy is cancelled, we will send reason. the "contractor" any premium refund (b) If this policy has been in effect for 60 due. If we cancel, the refund will be pro days or more, we may cancel this policy rata. If the first Named Insured or the prior to the expiration of the agreed term "contractor" cancels, the refund may be or prior to one year from the effective less than pro rata. The cancellation will date of the policy or renewal, whichever be effective even if we have not made or is less, only for one or more of the fol- offered a refund. lowing reasons: However, when a financed insurance (i) Failure to pay a premium when due; policy is cancelled, we will send any re- fund due to the premium finance com- (ii) Material misrepresentation; pany on a pro rata basis. (iii) Substantial change in the risk as- Any WHEN WE DO NOT RENEW condition is de- sumed, except to the extent that we leted. should reasonably have foreseen the The following change or contemplated the risk in g WHEN WE DO NOT RENEW condi- writing the contract; tion is added: (iv) Substantial breaches of contractual 1. If we elect not to renew this Coverage Part, we duties, conditions or warranties; will mail or deliver to the first Named Insured shown in the Declarations and the "contractor" (v) Determination by the Commissioner a notice of intention not to renew at least 45 of Insurance that continuation of the days before the agreed expiration date. policy would place us in violation of the Montana Insurance Code; 2. We need not mail or deliver this notice if: (vi) Financial impairment of us; or a. You have purchased insurance elsewhere; (vii) Such other reasons that are ap- b. You have accepted replacement coverage; proved by the Commissioner of In- c. You have requested or agreed to nonre- surance. newal; or (c) If this policy has been issued for a term d. This policy is expressly designated as non- longer than one year, and if either the renewable. premium is prepaid or an agreed term is guaranteed for additional premium con- sideration, we may cancel this policy only for one or more of the reasons stated in b.1.(b)above. CG 28 41 10 03 ©ISO Properties, Inc., 2003 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 29 51 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., (2)The spouse, child, parent, brother or sister of that Exclusions of Coverages — Bodily Injury And person as a consequence of"bodily injury" to that Property Damage Liability (Section I — Cover- person at whom any of the employment-related ages): practices described in Paragraphs (a), (b) or (c) This insurance does not apply to: above is directed. "Bodily injury"to: This exclusion applies: (1)A person arising out of any: (1)Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before (a) Refusal to employ that person; employment, during employment or after employ- (b) Termination of that person's employment; or ment of that person; (c) Employment-related practices, policies, acts or (2)Whether the insured may be liable as an employer omissions, such as coercion, demotion, or in any other capacity; and evaluation, reassignment, discipline, defama- (3)To any obligation to share damages with or repay tion, harassment, humiliation, discrimination or someone else who must pay damages because of malicious prosecution directed at that person; the injury. or CG 29 61 12 07 0 ISO Properties, Inc., 2006 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 33 53 12 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL MATERIAL OR INFORMATION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of c. Health information, biometric information; or Section 1 — Coverages — Bodily Injury And d. Any other type of nonpublic material or Property Damage Liability: information. 2. Exclusions This exclusion applies even if damages are This insurance does not apply to: claimed for notification costs, credit or identity Access Or Disclosure Of Confidential Or monitoring expenses, forensic expenses, public Personal Material Or Information relations expenses, data restoration expenses, extortion expenses or any other loss, cost or 'Bodily injury or property damage arising out of expense incurred by you or others arising out of any access to or disclosure of any person's or any access to or disclosure of any person's or organization's confidential or personal material or organization's confidential or personal material or information, including: information. a. Patents, trade secrets, processing methods, customer lists; b. Financial information, credit card information; i i I CG 33 53 12 23 ©Insurance Services Office, Inc., 2023 Page 1 of 1 I E COMMERCIAL GENERAL LIABILITY CG 34 46 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. The following exclusion is added: B. If Endorsement CG 28 07 is attached to the Policy, This insurance does not apply to: the following exclusion is also added to Paragraph B.2.a. of Endorsement CG 28 07: 1. "Bodily injury" or"property damage" arising out Coverages A and B do not apply to: a. The design, cultivation, manufacture, "Bodily injury"arising out of: storage, processing, packaging, handling, 1. The design, manufacture, distribution, sale, testing, distribution, sale, serving, serving, furnishing, use or possession of furnishing, possession or disposal of "cannabis'; or "cannabis"; or 2. The actual, alleged, threatened or suspected b. The actual, alleged, threatened or inhalation, ingestion, absorption or suspected inhalation, ingestion, absorption consumption of, contact with, exposure to, or consumption of, contact with, exposure existence of, or presence of"cannabis". to, existence of, or presence of"cannabis"; This exclusion applies even if the claims against or any insured allege negligence or other wrongdoing 2. "Property damage"to"cannabis". in the supervision, hiring, employment, training or This exclusion applies even if the claims against monitoring of others by that insured if the any insured allege negligence or other wrongdoing "occurrence" which caused the "bodily injury" in the supervision, hiring, employment, training or involved that which is described in Paragraph B.I. monitoring of others by that insured or a or B.2.above. "contractor", if the "occurrence" which caused the However, with respect to Coverage B, Paragraph "bodily injury" or "property damage" involved that B.2. does not apply to "bodily injury" arising out of which is described in Paragraph A.1. or A.2. the actual, alleged, threatened or suspected above. inhalation, ingestion, absorption or consumption However, Paragraph A.1.b. does not apply to of, or contact with, "cannabis"by: "bodily injury" or "property damage" arising out of (1) A"contractor"; the actual, alleged, threatened or suspected (2) Any persons engaged in the operations inhalation, ingestion, absorption or consumption to which this insurance applies; or of, or contact with, "cannabis"by: (3) Any other person for whom the (1) A"contractor'; or "contractor"is legally responsible (2) Any other person for whom you are but only if the "bodily injury" does not arise out of legally responsible the selling, serving or furnishing of "cannabis" to but only if the "bodily injury" or"property damage" any person described above by you or any does not arise out of the selling, serving or persons engaged in the operation to which this furnishing of "cannabis" to any person described insurance applies. above by you or the contractor. CG 34 46 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. The following definition is added to the Definitions b. Any compound, byproduct, extract, section: derivative, mixture or combination, such as: "Cannabis": (1) Resin, oil or wax; 1. Means: (2) Hash or hemp; or Any good or product that consists of or (3) Infused liquid or edible cannabis; contains any amount of Tetrahydrocannabinol whether or not derived from any plant or (THC) or any other cannabinoid, regardless of part of any plant set forth in Paragraph whether any such THC or cannabinoid is C.2.a. natural or synthetic. 2. Paragraph CA. above includes, but is not limited to, any of the following containing such THC or cannabinoid: a. Any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 34 46 12 19 I COMMERCIAL GENERAL LIABILITY CG 34 97 12 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER INCIDENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following is added to Paragraph 2. 2. Malicious code, virus or any other harmful code Exclusions of Section I - Coverages — Bodily that is directed at, enacted upon or introduced Injury And Property Damage Liability: into any computer system and is designed to 2. Exclusions access, alter, corrupt, damage, delete, destroy, disrupt, encrypt, exploit, use or prevent or This insurance does not apply to: restrict access to or the use of any part of any Cyber Incident computer system or otherwise disrupt its "Bodily injury" or "property damage"arising out normal functioning or operation. of a"cyber incident". 3. Denial of service attack which disrupts, This exclusion applies even if damages are prevents or restricts access to or use of any claimed for notification costs, credit or identity computer system, or otherwise disrupts its monitoring expenses, forensic expenses, normal functioning or operation. public relations expenses, data restoration expenses, extortion expenses or any other similar cost or expense incurred by you or others arising out of a"cyber incident". B. For the purposes of this endorsement, the following definition is added to the Definitions Section: "Cyber incident"means any: 1. Unauthorized access to or use of any computer system. CG 34 97 12 23 ©Insurance Services Office, Inc., 2023 Pagel of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. Exclusions (b) The testing for, monitoring, cleaning up, of Section I—Bodily Injury And Property Damage removing, containing, mitigating, treating, Liability: neutralizing, remediating, or disposing of, or This insurance does not apply to: in any way responding to or assessing the Asbestos actual or alleged effects of, "asbestos" by any insured or by any other person or entity; (1) "Bodily injury", property damage", or "personal or and advertising injury"arising out of, caused by, (c) Any claim,"suit", settlement, or judgment for or attributable to,whether in whole or in part,the damages because of testing for, actual, alleged or threatened inhalation of, investigating, monitoring, cleaning up, ingestion of, absorption of, contact with, removing, containing, mitigating, treating, exposure to, existence of, or presence of, neutralizing, remediating, disposing of, or in asbestos" in any form, or to harmful substances any way responding to, or assessing the emanating from "asbestos" effects of, "asbestos". This exclusion applies regardless of whether This exclusion applies regardless of who any other cause, event, material or product manufactured, produced, installed, used, owned, contributed concurrently or in any sequence to sold, distributed, handled stored or controlled the such "bodily injury," "property damage", or .'asbestos". "personal and advertising injury". B. The following definitions are added to the Definitions (2) Any loss, cost or expense, arising, in whole or in Section: part, out of: 1. "Asbestos"means any type or form of asbestos, (a) Any demand, order, request, statutory or asbestos fibers, asbestos products, or asbestos regulatory requirement that any insured or materials, including any products, goods, or others test for, investigate, monitor, clean materials containing asbestos or asbestos up, remove, contain, mitigate, treat, fibers, products or materials and any gases, neutralize, remediate, or dispose of, or in vapors, scents or by-products produced or any way respond to, or assess the actual or released by asbestos. alleged effects of"asbestos"; or C. For purposes of this exclusion, "property damage" includes diminution, impairment or devaluation of property. CG7741(1-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or deli- c. Recommend changes. vering to us advance written notice of cancella- 2. We are not obligated to make any inspections, tion. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deli- such actions we do undertake relate only to in- vering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- a. Are safe or healthful; or lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective only to us, but also to any rating, advisory, rate date of cancellation. The policy period will end service or similar organization which makes in- on that date. surance inspections, surveys, reports or rec- 5. If this policy is cancelled, we will send the first ommendations. Named Insured any premium refund due. If we 4. Paragraph 2, of this condition does not apply to cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rats. The cancellation will be ef- tion, under state or municipal statutes, ordin- fective even if we have not made or offered a ances or regulations, of boilers, pressure ves- refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suffi- E. Premiums cient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declarations 2. Will be the payee for any return premiums we is authorized to make changes in the terms of this pay. policy with our consent. This policy's terms can be F. Transfer Of Your Rights And Duties Under This amended or waived only by endorsement issued Policy by us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except in We may examine and audit your books and the case of death of an individual named insured. records as they relate to this policy at any time If you die, your rights and duties will be transferred during the policy period and up to three years af- to your legal representative but only while acting terward. within the scope of duties as your legal represent- D. Inspections And Surveys ative. Until your legal representative is appointed, 1. We have the right to: anyone having proper temporary custody of your property will have your rights and duties but only a. Make inspections and surveys at any time; with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- or"property damage": ous properties"of"nuclear material', if: (1) With respect to which an "insured" under (1) The "nuclear material' (a) is at any "nuclear the policy is also an insured under a nuc- facility" owned by, or operated by or on be- lear energy liability policy issued by Nuclear half of, an "insured" or (b) has been dis- Energy Liability Insurance Association, Mu- charged or dispersed therefrom; tual Atomic Energy Liability Underwriters, (2) The "nuclear material' is contained in Nuclear Insurance Association of Canada "spent fuel' or "waste" at any time pos- or any of their successors, or would be an sessed, handled, used, processed, stored, insured under any such policy but for its transported or disposed of, by or on behalf termination upon exhaustion of its limit of of an"insured'; or liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material' and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nuc- suant to the Atomic Energy Act of 1954, or lear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic B. Under any Medical Payments coverage, to or explosive properties. expenses incurred with respect to "bodily in- "Nuclear material' means "source material', "spe- jury" resulting from the "hazardous properties" cial nuclear material'or"by-product material'. of"nuclear material' and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 ❑ "Source material", "special nuclear material', and (c) Any equipment or device used for the "by-product material" have the meanings given processing, fabricating or alloying of "spe- them in the Atomic Energy Act of 1954 or in any cial nuclear material' if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex- equipment or device is located consists of posed to radiation in a"nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material' content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of"waste' ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nuc- is located, all operations conducted on such site lear facility". and all premises used for such operations. "Nuclear facility"means: "Nuclear reactor" means any apparatus designed (a) Any"nuclear reactor'; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1)separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel', or(3) handling, processing or packag- tive contamination of property. ing "waste' Page 2 of 2 ©ISO Properties, Inc., 2007 IL 00 21 09 08 ❑ IL 0167 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CHANGES - CONFORMITY WITH STATUTES This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The following condition is added: 2. We will provide the minimum amounts and Conformity with Montana statutes. The provisions types of other coverages, such as no-fault, of this policy or Coverage Part conform to the required of out-of-state vehicles by the minimum requirements of Montana law and control jurisdiction where the covered "auto" is being over any conflicting statutes of any state in which used. you reside on or after the effective date of this 3. No one will be entitled to duplicate payments policy or Coverage Part. for the same elements of loss. However, with respect to insurance provided B. Any provision of this policy or Coverage Part under the Commercial Automobile Coverage Part, (including endorsements which modify the policy while a covered"auto"is away from Montana: or Coverage Part) that does not conform to the 1. We will increase the Limit of Insurance for minimum requirements of a Montana statute is Covered Autos Liability Coverage to meet the amended to conform to such statute. limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. IL 01 67 10 13 0 Insurance Services Office, Inc., 2013 Page 1 of 1 E CM INSURANCE Employers Mutual ,ffEMC. Casualty Company NONASSESSABLE POLICY—MUTUAL PROVISIONS Corporate Office,Des Moines,Iowa The Insured shall not be liable for any assessment under this policy, By acceptance of this policy the Named Insured becomes a member of the Company and shall be entitled to vote at all meetings of the Company,and shall upon termination of this policy,participate in the distribution of dividends as fixed and determined by the directors in accordance with law.The annual meeting of the members is held at the Corporate Office of the Company in Des Moines,Iowa,at 9:30 a.m.Central Time,on the second Wednesday in February of each year. IN WITNESS WHEREOF,this Company has executed and attested these presents. Imo. Todd A.Strother,Secretary Scott R.Jae , resident EMCASCO AFEM ® Insurance Company Corporate Office,Des Moines,Iowa IN WITNESS WHEREOF,this Company has executed and attested these presents. Doug Van Zanten,Secretary Scott R.Jea , resident Union Insurance ® Company of Providence Corporate Office,Des Moines,Iowa IN WITNESS WHEREOF,this Company has executed and attested these presents. Doug Van Zanten,Secretary Scott R.JeaO'es ident Illinois EMCASCO "EhIa Insurance Company Corporate Office,Des Moines,Iowa IN�WITNESS WHEREOF,this Company has executed and attested these presents. Doug Van Zanten,Secretary Scott R.Jea , resident Dakota Fire ® Insurance Company Corporate Office,Bismarck,North Dakota IN WITNESS WHEREOF,this Company has executed and attested these presents. Doug Van Zanten,Secretary S?ottJae 6 resident IL7004(3-20) Page 1 of 2 �MCEMC Property& Casualty Company Corporate Office,Des Moines,Iowa IN WITNESS WHEREOF,this Company has executed and attested these presents. Doug Van Zanten,Secretary Scott R.Jea Olesident Employers Mutual 'ANFEMC Casualty Company MUTUALS—MEMBERSHIP AND VOTING NOTICE Corporate Office,Des Moines,Iowa(Applicable in the State of Texas) The Insured is notified that by virtue of this policy,the Insured is a member of the Employers Mutual Casualty Company of Des Moines,Iowa,and is entitled to vote either in person or by proxy at any and all meetings of said Company.The Annual Meetings are held in its Corporate Office,Des Moines,Iowa,on the second Wednesday of February,in each year, at 9:30 a.m.Central Time. MUTUALS—PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY No Contingent Liability:This policy is non-assessable.The policyholder is a member of the Company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law,in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF,this Company has executed and attested these presents. Todd A.Strother,Secretary Scott R.Jea , resident IL7004(3-20) Page 2 of 2 COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re: New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation, EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements, you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim, or attempt to settle a claim on your own, you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) (P.L. 110-173), go to http_//go_cros.govfmirnghp or consult with your attorney. IL8576(10-17) Page 1 of 1 Montana Department of Transportation MONTANA Office of Civil Rights 4( PO Box201001 Department of Transportation Helena,MT 59620-1001 Phone:(406)444-6945 Fax:(406)444-7243 TTY:(800)335-7592 www.mdt.mt.gov Montana Annual Equal Employment Opportunity(EEO)Policy Statement Valid January 1, 2024-December 31, 2024 COMPLAINT FORM LOCATED ON LAST TWO PAGES OF THIS DOCUMENT. Stream Works Inc, hereafter referred to as 'the Company' or 'this Company' has adopted this policy statement and procedure. EEO Policy Statement The Montana EEO Policy Statement is required because Montana has an extended list of protected classes greater than the federally identified protected classes. The Montana EEO Policy Statement will not replace any EEO Policy this company already has in place. It is a statement that provides assurances that this Company will not discriminate against any employee or applicant based on his or her membership in any protected class recognized federally or in the state of Montana. This policy statement pertains,as far as the responsibility of this Company is concerned,to any arrangement under which applicants, employees, and trainees, are selected for work on Federal-Aid Highway Projects in Montana. The Montana EEO Policy Statement assures that this Company will fully comply and cooperate with all applicable regulations of the Equal Employment Opportunity Provisions of the: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid prograrns and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794.et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 2024 EEO Policy Statement, Procedure,and Complaint Form Page 1 of 10 Montana Department of Transportation MONTANA Office of Civil Rights Department of Transportation PO Box 201001 4( Helena,MT 59620-1001 Phone:(406)444-6945 Fax:(406)444-7243 TTY:(800)335-7592 www.n)dt.mt.gov Non-Discrimination and Equal Employment Opportunity (EEO) The Non-Discrimination and Equal Employment Opportunity (EEO) Program ensures Montana Department of Transportation (MDT) and its contractors conduct business in an environment free of discrimination, harassment, and retaliation based on protected classes established both by the federal government and the State of Montana. MDT is committed to conducting all of its business in an environment free of discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination on the basis of protected classes by its employees or anyone with whom MDT chooses to do business. The federal and state protected classes include: Federal and State Protected Classes • Age • National Origin • Color • Race • Disability • Sex • Gender Identity • Sexual Orientation • Income Level • Limited English Proficiency State of Montana Only Protected Classes • Ancestry • Pregnancy • Gender Expression • Childbirth • Genetic Information • Medical Conditions Related to • Mental / Physical Disability Pregnancy / Childbirth • Military Service / Veteran Status • Religion / Creed • Parental / Marital Status • Social Origin / Condition • Political or Religious Affiliations / • Vaccination Status or Possession of Ideas Immunity Passport It is the policy of this Company not to discriminate against any employee or applicant for employment because of his or her membership in any of the above listed protected classes. This Company will take affirmative action to assure equal employment opportunity to all qualified persons, and that all employees are treated equally during employment without regard to their membership in any protected class. Such action shall include but not be limited to: 1. Employment, upgrading, demotion, or transfer 2. Recruitment and recruitment advertising 3. Layoff or termination 4. Rate of pay or other forms of compensation 5. Selection for training, including apprenticeship, pre-apprenticeship and/or on-the-job training 2024 EEO Policy Statement, Procedure,and Complaint Form Page 3 of 10 Montana Department of Transportation 4(Department MONTANA Office of Civil Rights PO Box 201001 of Transportation Helena,MT 59620-1001 Phone:(406)444-6945 Fax:(406)444-7243 TTY:(800)335-7592 www.mdt.mt.gov 3. Maintain a current file of the names, addresses,and telephone numbers of each minority and female that applied off-the-street or is received as a referral from a union, a recruitment source, or community organization. It will be recorded 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 company by the union or, if referred, not employed by the Company,this shall be documented in the file with the reason why the applicant was not selected by the Company. And additionally, any actions the company may have taken to employ the candidate will also be noted. 4. When applicable, provide immediate written notification to the Contractor Compliance Specialist when the union or unions with which the Company has a collective bargaining agreement have not referred a minority person or woman sent by the Company, or when the Company has information that the union referral process has impeded the Company's efforts to meet the Company's EEO obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, when awarded work on a Montana Federal-Aid Highway Project.This includes upgrading programs and Apprenticeship and Training programs relevant to the company's employment needs, especially those programs funded or approved by the Department of Labor. The Company shall provide notice of these programs to the sources identified under number 2 above. 6. Disseminate the Company EEO Policy notice by: • providing notice to the unions and other training programs and requesting their cooperation in assisting this Company in meeting our EEO obligations; • including the EEO Policy in any policy manual and collective bargaining agreement; • publicizing it in the company newspaper, annual report,etc.; • specific review of the policy with all management personnel and with all minority and female employees working on Montana Federal-Aid Highway Projects at least once a year; and • posting the Company MDT approved EEO Policy on bulletin boards accessible to all employees at each Montana Federal-Aid Highway Project location where construction related work is performed. 7. Review, at least annually, the Company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility with Montana Federal-Aid Highway Projects for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc. prior to the initiation of construction work at any Montana Federal-Aid Highway 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. Disseminate the MDT Approved Company EEO policy externally by including it in any advertising in the news media for all Montana Federal-Aid Highway Project employment opportunities,specifically including minority and female news media and providing written notification to and discussing the 2024 EEO Policy Statement, Procedure,and Complaint Form Page 5 of 10 Montana Department of Transportation 4(Department MONTANA Office of Civil Rights PO Box 201001 of Transportation Helena,MT 59620-1001 Plione:(406)444-6945 fax:(406)444-7243 TTY:(800)335-7592 www.mdt.mt.gov Reporting of Complaints If at any time anyone feels he or she has been illegally discriminated against because of his or her membership in any protected class or believes he or she has witnessed illegal discrimination against others because of their membership in any protected class, he or she should report this matter to this Company's EEO Officer whose name and contact information is identified in this policy. An individual who believes he or she has experienced illegal discrimination or has witnessed others being illegally discriminated against has 180 days to file a complaint with this Company's EEO Officer, or any member of this Company's management team. filing a complaint with this Company does not exclude an individual from also filing a complaint of illegal discrimination with the Montana Human Rights Bureau (HRB), the Equal Employment Opportunity Commission (EEOC), and the Montana Department of Transportation Office of Civil Rights. • The I-IRB and the EEOC both require complaints of illegal discrimination to be filed within 180 days of the last negative employment action. Extensions are provided up to 300 days for a complainant if he or she first filed an internal complaint with the company and believes the issues have not been resolved. • The complainant has the right to file a complaint with the Montana Department of Transportation Office of Civil Rights within 180 days of the alleged illegal discriminatory action. This Company's EEO Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations.They will attempt to resolve such complaints, suggest corrective actions to be taken, and will then follow up on actions taken and their effect. If the investigation indicates that the discrimination may affect persons otherthan the complainant,such corrective actions shall include all affected persons. Upon cornpletion of each investigation, this Company's EEO Officer will inform every complainant of all their avenues of appeal. The following are the addresses for avenues for filing complaints and appeals: Company EEO Officer Terry Hughes, Secretary Stream Works Inc 4256 Berkshire Rd East Helena, MT 59635 406-422-4220 terry1237@gmail.com 2024 EEO Policy Statement, Procedure,and Complaint form Page 7 of 10 Montana Department of Transportation MONTANA Office of Civil Rights PO Box 201001 4(Department of Transportation Helena,MT 59620-1001 Phone:(406)444-6945 Fax:(406)444-7243 TTY:(800)335-7592 www.mdt.mt.gov Employee Discrimination Claim Form Stream Works Inc www.streamworksinc.com 4256 Berkshire Rd East Helena MT 59635 terryl 237@gmail.com 4.06-422-4220 Employee Information: Name: Phone: Address: City: State: Zip: The person/employer whom I believe has discriminated against me is: Name: Phone: Address: City: State: Zip: Approximate dates, location and/or project number of construction site where I believe the discrimination took place: Complaint type: ❑ Harassment ❑ Hostile Work Environment ❑ Retaliation Basis of Complaint/ Discrimination Type: Federal & State Protected Classes Montana Only Protected Classes ❑ Age ❑ Ancestry ❑ Pregnancy ❑ Color ❑ Gender Expression ❑ Childbirth ❑ Disability ❑ Genetic Information ❑ Medical Conditions related ❑ Gender Identity ❑ Mental/Physical Disability to Pregnancy or Childbirth ❑ Income Level ❑ Military Service/Veteran Status ❑ Religion/Creed ❑ Limited English Proficiency ❑ Parental/Marital Status ❑ Social Origin/Condition ❑ National Origin ❑ Political or Religious ❑ Vaccination Status or ❑ Race Affiliations/Ideas Possession of ❑ Sex Immunity Passport ❑ Sexual Orientation 2024 EEO Policy Statement, Procedure,and Complaint Form Page 9 of 10 DocuSlgn Envelope ID:DBC9F045-3FB5-4971-81 F5-923D1 E9EFF70 NOTICE OF AWARD Dated: January 23rd, 2024 TO: Stream Works Inc. ADDRESS: 4256 Berkshire Rd East Helena MT 59635 PROJECT: East Gallatin River Bank 2 Restoration Proiect CONTRACT FOR:East Gallatin River Bank 2 Restoration Project You are notified that your quote received by January 4th,2024,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:East Gallatin River Bank 2 Restoration Project The Contract Price of your Contract is:_Thirty-three Thousand Seven Hundred and Nine Dollars & 50/1.00 ($33,709.50). Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date you receive this Notice of Award: 1. You must deliver to the OWNER Four(4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contact Security(Bonds)as specified the Construction Agreement Section-24T.r Z 6 UWv 3. List other conditions precedent: ff You must deliver with the Certificates of Insurance as specified in the Construction Agreement Section 24:Ir.G$, "f� Failure to comply with these conditions within the time specified will entitle OWNER to consideryour Bid abandoned, to annul this Notice of Award. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. DS CITY OF BOZEMAN,MONTANA ATTEST: aDS DocuSigned by: DocuS(gned b : Uk 4Yy F lit ill t(i�c, L 1 BY: BY: ' ' 1/31/2024 DATE: Notice to Proceed Date: A 120 2 c/ Project:Gry b{ poLEn,rU C-457- Lear-' (��r/E� 19,�,d,<' Z ��sTo2� D,U �Qb1ECT Owner: Crf, 6{ �o . 4N Owner's Contract No.: ,i/o�E Contract:S4ME 4S PAO,je�s AIAVIr, QROv� (Engineer's Project No.: /1/0V, Contractor: a0p Contractor's Address:[send Certified Mail,Return Receipt Requested] NZS^G BaKswE 'eD- 4S7- /�E�cry� . MT 5-9WS oou are notified that the Contract Times under the above Contract will commence to run on 8n or before that date, you aTe to start performing your obligations under the Contract Documents._ In accordance with A ticleX of the Agreem Igt, the date of Substantial Completion is P ,ands the date of readiness for final payment is r'zo�t p ym � [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is Before you may start any Work at the Site, Paragraph--2:01-B of the Getf6r-al-Gonditions 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]. Cl--Y J/r 26/M.441 Owner Given by: l Authorized S• ature I 1444/2 & --S,7a e c,E �it/ENE /L�inP Ecf �/✓Gza✓ Title i Date Copy to Engineer EJCDC C-550 Notice to Procced Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1