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19- Construction Documents and Project Manual - Rowe Excavation, Inc. - East Gallatin River Stream Avulsion Restoration
City of Bozeman East Gallatin River Stream Avulsion Restoration Construction Documents Project Manual r, HDR Project No. 10059730 TABLE OF CONTENTS DIVISION 00-PROCUREMENT AND CONTRACTING REQUIREMENTS 00 11 13-CITY OF BOZEMAN ADVERTISEMENT FOR BIDS 00 21 13-EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 41 13-BID FORM(EJCDC C-410-2018) 00 43 13 -BID BOND PENAL SUM FORM(EJCDC C-430-2018) 00 45 31 -NON-DISCRIMINATION AFFIRMATION 00 46 00-NON-COLLUSION AFFIDAVIT 00 51 10-EJCDC C-510 NOTICE OF AWARD 2018 00 52 13-AGREEMENT FORM 00 61 13 -PERFORMANCE BOND(EJCDC C-610-2018) 00 61 14-PAYMENT BOND(EJCDC C-615-2018) 00 62 16-CERTIFICATE OF LIABILITY INSURANCE 00 63 13-REQUESTS FOR INFORMATION 00 65 00-EJCDC C-550 NOTICE TO PROCEED 2018 00 72 13-GENERAL CONDITIONS(EJCDC C-700-2018) 00 73 01 -SUPPLEMENTARY CONDITIONS(EJCDC C-800-2018) 00 73 46-WAGE DETERMINATION SCHEDULE 00 83 00-CHANGE PROPOSAL REQUEST 00 94 00-EJCDC C-940 WORK CHANGE DIRECTIVE 2018 00 94 10-EJCDC C-941 CHANGE ORDER 2018 00 94 20-.EJCDC C-942 FIELD ORDER 2018 DIVISION 01=GENERAL REQUIREMENTS 0129 73-SCHEDULE OF VALUES 0130 00-SPECIAL CONDITIONS 01 32 16-CONSTRUCTION PROGRESS SCHEDULE(SMALL) 0133 00-SUBMITTALS 01 35 05 -ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01 7114-MOBILIZATION AND DEMOBILIZATION 0175 01 -TEMPORARY BYPASS PUMPING SYSTEMS DIVISION 31-EARTHWORK 31 10 00-SITE CLEARING 3123 00-EARTHWORK 31 25 00-SOIL EROSION AND SEDIMENT CONTROL DIVISION 32-EXTERIOR IMPROVEMENTS 32 9113 -TOPSOILING AND FINISHED GRADING 32 92 00-SEEDING,SODDING AND LANDSCAPING HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration Table of Contents 0001 10-1 I DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS i i SECTION 00 11 13 CITY OF BOZEMAN ADVERTISEMENT FOR BIDS Notice is hereby given that the City of Bozeman, Montana, is accepting sealed bids for: EAST GALLATIN RIVER STREAM AVULSION RESTORATION Separate sealed Bids for Construction of City of Bozeman East Gallatin River Stream Avulsion Restoration will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m. (local time) on October 14, 2019 and then publicly opened and read aloud. Original copies must be submitted- no faxed or electronic bids will be accepted. A. The physical address is: City Clerk's Office, Suite 200, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. B. The mailing address is: City Clerk's Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. The B a s e B i d f o r t h e proposed work includes the relocation of a short section of the East Gallatin River to it pre-avulsion channel location. The work includes removal of a natural channel plug, installation of a temporary water control structure, construction of a river bank, and construction of a channel plug. Bid additive Alternate A includes restoration/construction of a section of irrigation ditch. The Contract Documents may be examined or obtained at the office of HDR,2150 Analysis Drive, Bozeman, Montana 59718 phone, (406) 577-5019, in accordance with the Instructions To Bidders. Required deposit is $50.00 for the Hard Copy Construction Specifications and Contract Documents booklet, or $20.00 for the Electronic Copy Construction Specifications and Contract Documents booklet either of which is non-refundable. Address all inquiries related to the Bid to Ben Fennelly of HDR at the address and phone listed above. There will be a Mandatory Pre-Bid Conference at the City of Bozeman Water Reclamation Facility (WRF), 2245 Springhill Rd, Bozeman, Montana at 3:00 p.m. on October 2, 2019. CONTRACTOR and any of the CONTRACTOR'S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each Bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent(100%) of the contract amount. Insurance, as required, shall be provided by the successful BIDDER(s) and certificates of that insurance shall be provided. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CITY OF BOZEMAN ADVERTISEMENT FOR BIDS 001113-1 No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 291h day of September 2019. Robin Crough, CIVIC Bozeman City Clerk Published Legal Ad, Bozeman, Montana Sunday, September 291h, 2019 Sunday, October 61h, 2019 END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CITY OF BOZEIvIAN ADVERTISEMENT FOR BIDS 00 11 13-2 SECTION 00 21 13 EJCDC C-200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE1 — Defined Terms...................................................................................................... 2 ARTICLE 2—Copies of Bidding Documents.............................................................................. 2 ARTICLE 3—Qualifications of Bidders....................................................................................... 2 ARTICLE 4—Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program; Other Work at the Site..................................................................................... 3 ARTICLE 5— Bidder's Representations ..................................................................................... 5 ARTICLE6— Pre-Bid Conference.............................................................................................. 6 ARTICLE 7— Interpretations and Addenda................................................................................ 6 ARTICLE8— Bid Security.......................................................................................................... 6 ARTICLE9—Contract Times..................................................................................................... 7 ARTICLE10— Liquidated Damages .......................................................................................... 7 ARTICLE 11 — Substitute and "Or-Equal" Items......................................................................... 7 ARTICLE 12 —Subcontractors, Suppliers, and Others............................................................... 8 ARTICLE13— Preparation of Bid............................................................................................... 8 ARTICLE14— Basis of Bid ........................................................................................................ 9 ARTICLE15—Submittal of Bid.................................................................................................. 9 ARTICLE 16— Modification and Withdrawal of Bid....................................................................10 ARTICLE17—Opening of Bids.................................................................................................10 ARTICLE 18— Bids to Remain Subject to Acceptance..............................................................10 ARTICLE 19 — Evaluation of Bids and Award of Contract .........................................................11 ARTICLE 20— Bonds and Insurance ........................................................................................11 ARTICLE 21 —Signing of Agreement........................................................................................11 ARTICLE 22—Sales and Use Taxes.......................................... Error! Bookmark not defined. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-I ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued. ARTICLE 2—COPIES OF BIDDING DOCUMENTS 1.02 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement. 1.03 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.04 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3—QUALIFICATIONS OF BIDDERS 1.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Bidder's state or other contractor license number, if applicable. C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, "Subcontractors, Suppliers, and Others." 1.02 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 1.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. 1.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS'rO BIDDERS 0021 13-2 ARTICLE 4—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE 1.05 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 1.06 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. Those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-3 C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 1.07 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 1.08 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 1.09 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-4 and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5—BIDDER'S REPRESENTATIONS 1.10 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs; F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 002113-5 G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article,that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6—PRE-BID CONFERENCE 1.11 A pre-Bid conference will be held at the time and location stated in the advertisement for bids. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7—INTERPRETATIONS AND ADDENDA 1.12 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.13 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8-13ID SECURITY 1.14 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder's maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream AVUlsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-6 1.15 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 1.16 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 1.17 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 1.18 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement. ARTICLE 10—LIQUIDATED DAMAGES 1.19 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11—SUBSTITUTE AND "OR-EQUAL" ITEMS 1.20 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or"or-equal" items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or "or-equal" item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 1.21 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of"or-equal" or substitution requests are made at Bidder's sole risk. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 002113-7 ARTICLE 12—SUBCONTRACTORS, SUPPLIERS,AND OTHERS 1.22 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 1.23 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 1.24 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 1.25 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13—PREPARATION OF BID 1.26 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-8 B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words "No Bid" or "Not Applicable." 1.27 A Bid by a corporation shall be executed in the corporate name by a corporate officer(whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 1.28 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership's address for receiving notices shall be shown. 1.29 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm's address for receiving notices shall be shown. 1.30 A Bid by an individual shall show the Bidder's name and address for receiving notices. 1.31 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture's address for receiving notices shall be shown. 1.32 All names shall be printed in ink below the signatures. 1.33 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 1.34 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 1.35 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14—BASIS OF BID 1.36 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. ARTICLE 15-SUBMITTAL OF BID 1.37 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-9 the other documents required to be submitted under the terms of Article 7 of the Bid Form. 1.38 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement for bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." 1.39 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BID 1.40 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 1.41 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 1.42 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17—OPENING OF BIDS 1.43 Bids will be opened at the time and place indicated in the advertisement for bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 1.44 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13- 10 ARTICLE 19-EVALUATION OF BIDS AND AWARD OF CONTRACT 1.45 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 1.46 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 1.47 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when multiple bid item price bids are submitted, Bids will be compared on the basis of the total lump sum items. 1.48 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 1.49 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20—BONDS AND INSURANCE 1.50 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21-SIGNING OF AGREEMENT 1.51 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13-11 counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22—SALES AND USE TAXES 1.52 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with include, but are not limited to, those involving workmen's compensation insurance, contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax. 1.53 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCA for registration of CONTRACTORS with the Montana Department of Labor and Industry. No bids will be considered that do not carry the Bidder's Montana Contractor's Registration Number on the bid form and also on the envelope containing the Bid. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011 or by calling 1-406-444-7734. 1.54 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 0021 13- 12 BID FORM FOR CONSTRUCTION CONTRACT The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: City of Bozeman, City Clerks's Office,Suite 200, City Hall, P.O. Box 1230, Bozeman, MT 59771. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authorityto do business in the state of the Project;or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; and F. Required Bidder Qualification Statement with supporting data. ARTICLE 3—BASIS OF BID—LUMP SUM BID AND ADDITIVE ALTERNATE 3.01 Lump Sum Bids A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s): 1. Lump Sum Price (Base Bid and Alternates) ty Lump Sum Bid Price for Base Bid $ 's ;✓v�/ Alternate A:Add Restoration of Irrigation Ditch $ ✓CG��� Alternate B:Add Riprap Protection for Segment of Irrigation Ditch $ L 1 y 5L)C:) EJCDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. 00 4113-Page 1 of 1 3.02 Bid Award Bid may be awarded on the total bid price including just Alternate A,or including ibly Alternate B, or just the lump sum base bid, at the City's discretion. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of days indicated in the Agreement. 4.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date ;!, 7, /0`/,7 2 c�,/9 ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder's Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the EJCDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 4113-Page 2 of 5 Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information,observations,and Technical Data on(a) the cost,progress,and performance of the Work; (b)the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents,and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder's Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A: a. Corrupt practice means the offering,giving,receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process. EJCDCB C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 4113-Page 3 of 5 b. Fraudulent practice means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of Owner, (b)to establish bid prices at artificial non-competitive levels, or (c)to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 4113-Page 4 of 5 BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Date: z4ZI- �j i (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: -- (individual's signature) Name: i z (typed or printed) Titles Ti/3i •/U r. / (typed or printed) Date: (typed or printed) Bidder's Address for giving notices: Bidder's Contact Person: Name: (typed or printed) Title: (typed or printed) Phone: Email: ,,I-ell,-e),wg P es -e r e m Address: Bidder's Contractor License No.: (if applicable) //S"/1P EJCDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 4113-Page 5 of 5 BID BOND Bidder Surety Name: Rowe Excavation Inc. Name: The Cincinnati Insurance Company Address(principal place of business): Address(principal place of business): PO Box 1182 P.O. Box 145496 Dillon, MT 59725 Cincinnati, OH 45250-5496 Owner Bid Name: City of Bozeman Project(name and location): Address(principal place of business): East Gallatin River Stream Avulsion Restoration 121 N. Rouse Avenue Bozeman, MT 59715 Bozeman, MT Bid Due Date: October 14, 2019 Bond Penal Sum: Ten Percent of Amount Bid 10% Date of Bond: October 14, 2019 Surety and Bidder, intending to be legally bound hereby,subject to the terms set forth in this Bid Bond,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. Bidder Surety Rowe Excavation Inc. The Cincinnati Insurance Company (Full formal name of Bidder) (Full formai name of Surety)(corporate s_a,v 9 ' By: By; a (Signatur ( gnature)(Attach Power ofAttorney) Name: Kelly Rowe Name: Carly Schneidenbach (Printed or typed) (Printed or typed) anv,,o a Title: President Title: Attorney-in-Fact r t E - S E A L Attest: Attest: (Signature) (Signotd e) CHO Name: Ryan Elliott Name: Jennifer Gorrell (Printed or typed) (Printed or typed) Title: MT Agent Title: Witness Notes;(1)Note,Addresses are to be used for giving any required notice. (2)Provide execution by any additional parties,such as joint venturers,if necessary. (3)Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. E1CDC®C-430,Bid Bond(Penal Sum Form). Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page i of 2 1. Bidder and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors,and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2. All Bids are rejected by Owner,or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to Issue Notice of Award agreed to in writing by Owner and Bidder,provided that the total time for issuing Notice of Award Including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety,and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project Is located. 8. .Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond.Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail,return receipt requested,postage pre-paid,and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer,agent,or representative who executed this Bond on behalf of Surety to execute,seal,and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute,then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable. EJCDC®C-430,Bid Bond(Penal Sum Form). Copyrightm 2018 National society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 2 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY,corporations organized under the laws of the State of Ohio,and having their principal offices in the City of Fairfield, Ohio (herein collectively called the"Companies"),do hereby constitute and appoint Carly Schneidenbach its true and legal Attorney-in-Fact to sign, execute,seal and deliver on behalf of the Companies as Surety,at any place within the United States,the following surety bond: Surety Bond Number: Bid Bond Principal: Rowe Excavation Inc. Obligee: City of Bozeman This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-In-Fact of the Company to execute any and all bonds, policies,undertakings,or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals,duly attested by their President or a Vice President this 8th day of March,2017. ee THE CINCINNATI INSURANCE COMPANY 7HE CINCINNATI CASUALTY COMPANY \ STATE OF OHIO )SS: <=GHQ % COUNTY OF BUTLER ) Vice President On this 8th day of March,2017 before me came the above-named President or Vice President of The Cincinnati Insurance Company and The Cincinnati Casualty Company,to me personally known to be the officer described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. �pRI A L s� Mark#Huller,A orneyatLaw Notary Public—State of Ohio •JrqT f. .•���� My commission has no expiration date. ••.,,,,,�F,,,..••'O Section 147.03 O.R.C. I,the undersigned Secretary orAssistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company,hereby certify that the above is the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Faihield,Ohio,this 14th day of October, 2019 . (BeTE� SEAL ° SEAL ' oxlo oxlo Secretary BN-1457(11/17) (� NON-DISCRIMINATION AFFIRMATION FORM fOttJP [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin,or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city ofBozeman,if a contract is awarded to it,and also recognizes the eventual contract, if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the ��.� �l'zu :��, . %��<� [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. t Signature of Bidder: Person authorized to sign on bchalfof the bidder HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration Non-Discrimination Affirmation Form 004531-1 SECTION 00 46 00 NON-COLLUSION AFFIDAVIT I state that I am (Title) of (Name of Firm)and that I am authorized to make this affidavit on behalf of this firm and its owners,directors,and officers.I am the person responsible in this firm for the price(s)and the amount of this Bid. I state that: (1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor,Bidder,or potential Bidder,except as disclosed on the attached appendix. (2) That neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid,have been disclosed to any other firm or person who is a Bidder or potential Bidder,and they will not be disclosed before Bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract,or to submit a Bid higher than this Bid,or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid. (4) The Bid of this firm is made in good faith and not pursuant to.any agreement or discussion with, or inducement from,any firm or person to submit a complementary or other noncompetitive Bid. (5) (name of this firm), its affiliates, subsidiaries,officers,directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that (name of this firm) understands and acknowledges that the above representations are material and important,and will be relied on by City of Bozeman in awarding the contract(s)for which this Bid is submitted. I understand and this firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from City of Bozeman of the true facts relating to the submission of Bids for this contract. Signature Name of Company/Position Sworn to and subscribed before me this day of ,2019. Notary Public This commission expires: HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration NON-COLLUSION AFFIDAVIT 004600-1 NOTICE OF AWARD Date of Issuance: October 28,2019 Owner: City of Bozeman Engineering Division Owner's Project No.: Engineer: HDR Inc. Engineer's Project No.: 10059730 Project: East Gallatin River Stream Avulsion Restoration Contract Name: Bidder: Rowe Excavation Bidder's Address: P.O.Box 1182 Dillon,MT 59725 You are notified that Owner has accepted your Bid dated October 14,2019 for the above Contract,and that you are the Successful Bidder and are awarded a Contract for:The Base Bid and additive Alternate A and B,subiect to ratification by the City Commission on November 4,2019. The Contract Price of the awarded Contract is$154,500.Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes,Unit Price Work,and Work performed on a cost-plus-fee basis,as applicable. Three(3)unexecuted counterparts of the Agreement accompany this Notice of Award,and one copy of the Contract Documents accompanies this Notice of Award,or has been transmitted or made available to Bidder electronically. ❑ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: l. Deliver to Owner Three(3)counterparts of the Agreement,signed by Bidder(as Contractor). 2. Deliver with the signed Agreement(s)the Contract security(such as required performance and payment bonds)and insurance documentation,as specified in the Instructions to Bidders and in the General Conditions,Articles 2 and 6. 3. Other conditions precedent(if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,annul this Notice of Award,and declare your Bid security forfeited. Within 10 days after you comply with the above conditions,Owner will return to you one fully signed counterpart of the Agreement,together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Cit of o e By(signature):Name (printed): (printed): Title: i CSC�LLfL_ Copy: Engineer HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-510 NOTICE OF AWARD 2018 00 51 10-1 f SECTION 00 52 13 AGREEMENTFORM THIS AGREEMENT is dated as of the /SO day of/!�"XkA 1n the year 2019,by and between CITY OF BOZEMAN, hereinafter called OWNER, and �e hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: The B a s e B i d f o r t h e proposed work includes the relocation of a short section of the East Gallatin River to it pre-avulsion channel location.The work includes removal of a natural channel plug,installation of a temporary water control structure,construction of a river bank,and construction of a channel plug.Bid additive Alternate A includes restoration/construction of a section of irrigation ditch. The project for which the Work under the Contract Documents may be the whole or only a part is general ly described as follows: East Gallatin River Stream Avulsion Restoration,City of Bozeman. Article 2.CONTRACT TEWE. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work,as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays,expense and difficulties involved in proving,in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3.CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Do um is the sum (subject to adjustment as provided in the Contract Documents) of nn� ' set, Article 4.PAY EK P CEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five(5)percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5.INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6.CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: HDR Project No. 10059730 City ofBozeman East Gallatin River Stream Avulsion Restoration 005213-1 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work,locality,and with all local conditions and federal,state and local laws,ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests,reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion,creed, sex,age,marital status,national origin,or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7.CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are 9 attached to this Agreement,made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond,Payment Bond,and Bid Bond. 7.4 Advertisement for Bids. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s)of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Appendices 7.10 Addenda listed on the Bid forms. 7.11 CONTRACTOR'S executed Bid forms. 7.12 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.13 Notice of Award. 7.14 Notice to Proceed. p 7.15 Any modification,including Change Orders,duly delivered after execution of Agreement. 7.16 Any Notice of Partial Utilization. 7.17 Notice of Substantial Completion. 7.18 Notices of Final Completion and Acceptance. 7.19 Non-discrimination affirmation form. 7.20 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered,amended or repealed by a modification(as defined in the General Conditions). Article 8.NUSCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign,transfer or sublet his interest or obligations hereunder without written consent of the other party. The HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 005213-2 OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment or modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRA By (SEAL&ATTEST) Title (JOINT VENTURE) By (SEAL&ATTEST) Title C r7a BOZEMAN(O _A By (CITY MANAGER _ (S &ATTEST) j APPRO O O (CITY ATTORNE �Sr• ..� • (.'^+/ _Stay� +� END OF SECTION U • _�, '`:-:Q 9>>NGO•�I HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 005213-3 PERFORMANCE BOND Bond No. B-9123674 Contractor Surety Name: Rowe Excavation Inc. Name:The Cincinnati Insurance Company Address(principal place of business): Address(principal place ofbusiness): PO Box 1182 P.O. Box 145496 Dillon, MT 59725 Cincinnati, OH 45250-5496 Owner Contract Name: City of Bozeman Description(name and location): Mailing address(principal place ofbusiness): East Gallatin River Stream Avulsion Restoration, Bozeman, MT 121 N. Rouse Avenue Bozeman, MT 59715 Contract Price: $154,500.00 Effective Date of Contract:November 13, 2019 Bond Bond Amount: One Hundred Fifty Four Thousand Five Hundred Dollars and 00/100 $154,500.00 Date of Bond: November 13, 2019 (Date of Bond canno t be eorlier then Effective Dote of Contract) Modifications to this Bond form- ®None O 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 Rowe Excavation Inc. The Cincinnati Insurance Company (Fuliforma no ntractor) (Fullforma/name of Sure ty)(corporate scot) nature) (Si atureJ(Atiath�owerofAttorieyJ Name: Kelly owe Name: Carly Schneidenbach (Printed or typed) (Printed or typed) ;ssu u"'"a"� Title: Owner Ttt :,orney-in-Fact / > i coxeoaAT Attest: A/(d( A st: S E A L (Sfgnoturej (S/gnororej 0M Name: Carly Schneidenbach Name: Debbie Livermore (Printed or typed) (Printed or typed) Title: Montana Agent Title: Witness Notes:(1)Provide supplemental execution by any additfonol parties,such as)olnt venturers.(2)Anystngularreference to Contractor,Surety,Owner,or a therparty is considered plural Where opplicable. EJCDC°G1310,Performance fond. Copyd2ht°2010 Nalionzl5oci:tyof Professional Cnbinaers,Arm rlcan Council of En,;In -rLr Companl:s, and Amcdccn Soclatyof[full EnOinmrs.Allrl;hts rc:crvcd. Paso Iof4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 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 a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor,and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the 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 demonstrates actual prejudice. 5. 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 of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 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 the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or 5.4. Waive its right to perform and complete,arrange for completion,or obtain a new contractor, and with reasonable promptness under the circumstances: EJCOG°C-610,Performance Bond. copyright°2oia National Socletyof Piofesslonal Engineers,American Council of Engineering Companles, and American Societyof Civil Engineers.All rights resorved. Page 2 of 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 Ilabllity 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 impart,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 responslbiMies 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. 8. 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 PJCD[°C-610,Performance Bond. Copyrlghto2olg National Society of Professional Engineers,American Council of Englneering Companies, and Amerkan Sudety of Civil Engineers.All rights reserved. Page 3 of said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such 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 late bond. 14. Definitions 14.2. Balance of the Contract Price—The total amount payable by the Owner to the Contractor i under 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 Contractor Is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the owner and Contractor identified on the cover page, Including all Contract Documents and changes made to the agreemenvand the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not-been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. U.S. Contract Documents—All the documents that comprise the agreement between the Ownet and Contractor. 15. 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. 16, Modifications to this Bond are as follows: FJCDC°C•610,Pcrfomance Band. Copyriaht°2610 r4mlonal society of Professlonal Engineers,American Council of Engincering Companies, and Amerlmn Socioty of Civil Englnecm All riahts reserved. Page 4 of 4 PAYMENT BOND Bond No. B-9123674 Contractor Surety Name: Rowe Excavation Inc. Name: The Cincinnati Insurance Company Address(principol ploce of business): Address(principol place of business): PO Box 1182 P.O. Box 145496 Dillon MT 59725 Cincinnati OH 45250-5496 Owner Contract Name: City of Bozeman Description(name and location): Mailing address(principal place of business): East Gallatin River Stream Avulsion 121 N. Rouse Avenue Restoration, Bozeman, MT Bozeman MT 59715 Contract Price: $154,500.00 Effective Date of Contract: November 13,2019 Bond I Bond Amount: One Hundred Fifty Four Thousand Five Hundred Dollars and 00/100 $154,500.00 Date of Bond: November 13, 2019 (Date of Bandcannot be collierthan Effective Dare of Cont(0ct) Modifications to this Bond form: IN None O 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 Rowe Excavation Inc. The Cincinnati Insurance Company (Full format now of Contractor) (Full formal name of Surety)(corporatq seal)), By; By: 6 ( nature) (Sign ure)(AttachPowerofAttamey) Name: Kell w Name: Carly Schneidenbach (Printed or typed) (Printed or typed) - Title: Owner Title: Attorney-in-Fact coRroanTe Attest: Attest: S E A L A nature (Signature) Name: Carly Schneidenbach Name: Debbie Livermore oHo (Printed or typed) (Punted or typed) Title: Montana Agent Title: Witness Notes:(1)Provide supplemental execution by any additlonol parties,such as)olat venturers.(2)Any singular reference to Contractor,Surety',Owner,or other party Is considered plural where applicable. EICDC•C-615,Payment Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of CIv11 Enginew.AD rights reserved. Page 1 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use In the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants,and defends, Indemnifies, and holds harmless the Owner from claims, demands,liens,or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond, 3. If there is no Owner Default under the Construction Contract,the Surety's obligation to the owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 13)of claims, demands, liens,or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims,demands,liens,or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions In Paragraph 3, the Surety shall promptly and at the Surety's expense defend, Indemnify, and hold harmless the Owner against a duly tendered claim, demand,lien,or suit. 5. 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 Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and 5.1.2. have sent a Claim to the Surety(at the address described in Paragraph 131. 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph S.1.1 is given by the Owner to the Contractor,that Is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1, 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever Is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under 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 or 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. EJCDC•C-615,Payment Bond. Copyrighto 201E National Society of Professional Engineers,Amerlcan Council of Engineering Companies, and American Society of civil Engineers.All rights reserved. Page 2 af 4 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 by the Surety. 9. Amounts owed by the 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 the work. 10. The Surety shall not be liable to the Owner, Claimants,or others for obligations of the Contractor j 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 j to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders,and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph S.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this paragraph are void or prohibited by law, the minimum period of Ilmltation available to sureties as a defense in the jurisdiction of the suit will be applicable, 13. Notice and Claims 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. 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 so 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 a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.2.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor,materials,or equipment furnished; EICDCO C-61$,Payment Und. -i- - Copyrl3lito 2018 National soeietyof Pro%mlonal Englneers,American Council of Engineerrng Companies, and American Society of Civil Engineers.All rights reserved. Pago 3 of 4 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use In the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant;and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim, 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project Is located. The intent of this Bond is to j Include without limitation In the terms of"labor, materials, or equipment" that part of the water,gas, power,light, heat,oil,gasoline,telephone service,or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted In the jurisdiction where the labor, materials,or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Fallure 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 Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond Is Issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows; EJCQC°C-60,Payment Bond. Copyright°I0113 Nattowl Sodetyof Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4of4 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Falrfield,Ohlo POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS:ThatTHE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY,corporations organized under the laws of the State of Ohio,and having their principal offices in the City of Fairfield,Ohio (herein collectively called the"Companies"),do hereby constitute and appoint Carly Schneidenbach its true and legal Attorney-in-Fact to sign,execute,seal and deliver on behalf of the Companies as Surety,at any place within the United States,the following surety bond: Surety Bond Number: B-9123674 Principal: Rowe Excavation Inc. Obligee: City of Bozeman This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attomeys-in-Fact of the Company to execute any and all bonds,policies,undertakings,or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals,duly attested by their President or a Vice President this 8th day of March,2017. THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY OHIO OHI� STATE OF OHIO )SS: A COUNTY OF BUTLER ) Vice President On this 8th day of March,2017 before me came the above-named President or Vice President of The Cincinnati Insurance Company and The Cincinnati Casualty Company,to me personally known to be the officer described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. ►c , `- Mark Huller,A orney at Law sr `\o Nota Public—State of Ohio qr f.o •Q�, My commission has no expiration date. Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company,hereby certify that the above is the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield,Ohio,this 1 Sth day of November, 2019 . G oxlo oxlo Secretary BN-1457(11/17) SECTION 00 62 16 CERTIFICATE OF LIABILITY INSURANCE Use this document with the HDR Spec Program Project Properties file so the CERTIFICATE OF LIABILITY INSURANCE title will be included when generating or rewriting the Project TOC. An example Acord Certificate is included below for reference. Do not fill it out. The Client should obtain this certificate from their insurance carrier. END OF SECTION r HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CERTIFICATE OF LIABILITY INSURANCE 00 62 16-1 ROWEEXC-01 KHOFFMAN ACOR'O` CERTIFICATE OF LIABILITY INSURANCE DATE 1 12/9/2/9/2019 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 endorsements . PRODUCER CONTACT NAME; Dillon Office PHONE FAX PayneWest Insurance,Inc. (AIC,No,Ext):(406)683-6881 (A/C,No):(406)683-6883 2a Southside Blvd. AB DRESS: Dillon,MT 59725 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Hallmark Insurance Co of TX 43494 INSURED INSURER B:Montana State Fund 15819 Rowe Excavation,Inc INSURER C:Capitol Specialty Insurance Corporation .10328 PO Box 1182 INSURER D: Dillon,MT 59725 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X X 44CL617105 5/14/2019 5/14/2020 DAMAGEaoNcEe ,S 100,000s( occurrence) X Primary and MEDEXP(Any one person) S 5,000 X Non-Contributory ,PERSONAL&ADV INJURY ;S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG .$ 2,000,000 X OTHER:**SEE NOTE BELOW** $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ,$ ANY AUTO X X 44CL617105 5/14/2019 5/14/2020 BODILY INJURY(Per person) .$ OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY jPer accident).$ X HIRED X NON-OWNED PROPERTY DAMAGE .AUTOS ONLY ,AUTOS ONLY .{Per accident] S A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ S 1,000,000 EXCESS LIAB CLAIMS-MADE 44CL617105 5/1412019 5/14/2020 AGGREGATE _ $ I DED X RETENTIONS 10,000 AGGREGATE $ 3,000,000 B WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE .ERH _ 034035584 3/15/2019 3/15/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S (4FICER/MEMBER EXCLUDED? N/A (MandatorylnNH) E.L.DISEASE-EAEMPLOYEE-$ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C Commercial Pollution X 2905623 12/9/2019 12/9/2020 AGGREGATE$5,000,000 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project:East Gallatin River Stream Avulsion Restoration *`See attached ENDORSEMENT— MP9767 ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT,which provides blanket additional Insured when required by written contract, agreement or permit for on-going operations. Provides primary/non-contributory wording and Waiver of Transfer of Rights when required by written contract or agreement and provides Aggregate Limit Per Project. BA2060 COMMERCIAL AUTO COVERAGE FORM ENHANCEMENT that provides blanket additional insured,blanket waiver of Transfer of Rights 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 tY ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 20 East Olive Street Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00 63 13 REQUESTS FOR INFORMATION PART 1 - GENERAL 1.1 SUMMARY A. Section specifies administrative and procedural requirements for handling and processing Requests for Information(RFI). B. RFI is intended for requesting clarifications and interpretations of Contract Documents due to inconsistencies,errors or omissions in Contract Documents,and unanticipated existing conditions. C. RFI is not intended for general communication,requesting substitutions,Contractor's proposed changes,resolution of nonconforming work,and coordination between contractors or for general questions not related to Contract Documents. D. RFI process is a cooperative enterprise between Engineer and Contractor to expedite RFI response and maintain progress of Work. E. Engineer shall evaluate alternate proposed methods of processing RFI's to that indicated within this Section for potential impact on Engineer's services. 1. If Engineer agrees to utilize another proposed method,Engineer will be reimbursed for any special training,usage fees,extra time required to implement,maintain,utilize and administer such a system. PART 2 - PRODUCTS -(NOT USED) PART 3 - EXECUTION 3.1 REQUESTS FOR INFORMATION A. Review of Contract Documents and Field Conditions: 1. Contract Documents are complementary. Before starting each portion of Work,Contractor shall carefully study and compare various Drawings,Specifications and other Contract Documents,coordination drawings,shop drawings,prior correspondence or documentation relative to that portion of Work,as well as information furnished by Owner. 2. Contractor and Subcontractors shall evaluate and take field measurements of conditions related to that portion of Work and shall observe any conditions at site affecting it. 3. These obligations are for purpose of facilitating coordination and construction by Contractor P, and are not for purpose of discovering errors,omissions,or inconsistencies in Contract Documents. 4. Contractor and subcontractors acknowledge that all documents pertaining to Work has been examined,have examined character of site and any existing conditions,and are satisfied with nature of Work,and other matters which can affect Work. 5. In event of inconsistency between portions of Contract Documents or within Contract Documents;provide better quality or greater quantity of Work,and comply with more stringent requirement,either or both in accordance with Engineer's interpretation. 6. Report errors,inconsistencies or omissions discovered in Contract Documents promptly to Engineer as a properly prepared and timely RFL 7. Contractor and Subcontractors are not required to ascertain Contract Documents are in accordance with applicable laws,statutes,ordinances,codes,and rules and regulations, unless they bear upon construction means,methods,techniques or safety and health precautions,but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to Contractor as a RFI. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 006313-1 I 8. On condition that Contractor or Subcontractor fail to give such notice,and knowingly proceeds with Work affected by errors or omissions in Contract Documents, Contractor shall correct any such errors,inconsistencies,or omissions at no additional cost. 9. Prior to bid,Contractor shall review existing facilities related to this contract and shall be familiar with utility requirements and construction. a. Existing facility documents may be available through Owner for review. b. Perform preliminary investigations as required to ascertain extent of Work. c. Conditions which would be apparent by such investigation will not be allowed as cause for claims for extra costs. B. Contractor's and Subcontractor's Responsibilities: 1. Process request through Contractor when interpretation,clarification or explanation of portion of Construction Documents is needed by Contractor, Subcontractor,Vendor or Supplier. a. Review request for completeness,quality,proper referencing to drawing or specification section and reason submitted. b. In event request is not acceptable return to submitter with comments regarding reason for being returned. c. Make every attempt to validate,resolve or respond to RFI by thoroughly researching and reviewing Contract Documents and field conditions. d. Respond to RFI accordingly if review of RFI discloses a response or is related to coordination of construction or other issue not related to Contract Documents. e. If request is unclear,rewrite and state in clear,concise,correct,complete and easily understood manner. 1) Include additional information if necessary,and submit to Engineer for response. 2. Submit request for interpretation,clarification or explanation of Contract Documents to Engineer through Contractor. a. List specific Contract Documents researched when seeking information being requested. b. Reference applicable Contract Drawings by sheet number,section,detail, and reference other relevant documents. c. Clearly state request and provide Contract Document references and any additional information needed so request can be fully understood,including sketches,photos or other reference material. d. Fully assess issues,suggest any reasonable solutions and include various factors, including potential costs,schedule impacts,if any,and recommendations which will aid in determining a solution or response. 1) In event a reasonable solution cannot be suggested,a statement to that effect should be so stated. e. Indicate reason request is being submitted. f. Clearly indicate critical RFI's requiring a rapid response with an explanation as to why RFI is critical. g. Indicate priority for responses when multiple BFI's are submitted within short period of time. 3. Distribute copies of responses to RFI's to all parties affected. 4. Response to RFI shall not be considered a notice to proceed with,a change that may revise the Contract Sum or Contract Time,unless authorized by Owner in writing. 5. In event response to RFI is determined incomplete,resubmit with explanation for unacceptability of response and necessary additional information within five(5)days of receipt to RFI response. 6. On condition Contractor determines or believes additional cost or time is involved due to clarifications,interpretations or instructions issued by Engineer in response to a RFI, resubmit RFI within five(5)days of receipt of response with reason and alternate solution or suggestion for performing work at no additional cost. a. In event no other solution is possible or desirable,submit Claim in accordance with Contract Documents within seven(7)days of receipt of response to RFI. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 006313-2 C. RFI Submittal Format: 1. Submit request for information to Engineer on RFI form provided at end of this section, form provided by Engineer in electronic text file format,or in similar format acceptable to Engineer. a. Electronically complete and email RFI form to Engineer's designated representative in text file format. b. Attachments shall be in electronic text or PDF file format. 2. Assign RFIs with unique numbers in sequential order(1,2,3,4,etc.). 3. A resubmitted RFI or a previously answered RFI requiring revising or further clarification shall be submitted using original RFI number proceeded by".1 IN to indicate revision one of RFI(i.e.: RFI No.34.1 for revision I to RFI No.34). D. Engineer's Response to Request for Information(RFI): 1. Clarifications,interpretations and decisions of Engineer in response to RFI will be consistent with intent of and reasonably inferable from Contract Documents,in writing,and may be provided in form of drawings and other attachments,or both. 2. When making such interpretations and decisions,Engineer will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. 3. Engineer's decisions on matters related to aesthetic effects will be final if consistent with intent expressed in Contract Documents. 4. Engineer will not undertake to settle differences between Contractor,Subcontractors,trades suppliers,fabricator or manufacturer,or act as arbiter as to which Subcontractor,trade, supplier or manufacturer is to furnish or install various items indicated or required. 5. Engineer shall provide responses to RFI's with reasonable promptness,but will endeavor to respond within seven(7)days from date of receipt. a. If multiple RFI's are submitted on same day or within a five(5)day period,review time may be extended by mutual agreement of parties. b. Engineer will provide a written response to RFI if Engineer believes response only involves an interpretation,clarification,supplemental information or orders a minor change in Work not involving an adjustment in Contract Sum or extension of Contract Time,and is not inconsistent with intent of Contract Documents,and shall be binding. c. If Engineer believes response may result in a change to Contract Sum or Contract Time, response will indicate that a change document will be issued for the response,and appropriate change document will be issued indicating changes to Contract Documents. d. Engineer will provide any additional or supplemental drawings,specifications or other information as Engineer may deem necessary to facilitate response. 6. Engineer may return RFI without response for following reasons: a. Is considered a"Contractor Proposed Change". b. Response is consistent with the intent of the Contract Drawings. c. Request is unclear or incomplete. d. Is due to Contractor's lack of adequate coordination. e. Is related to construction means,methods or techniques. f. Response is required by another party. g. Is considered a"Substitution Request." E. If requested information is available from careful study and comparison of Contract Documents, field conditions,other Owner-provided information,coordination drawings,or prior Project correspondence or documentation,Engineer may invoice Owner as a change in services for costs involved in Engineer's review,analysis,responding and processing of such RFI. 1. Contractor shall reimburse Owner for such costs. END OF SECTION HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 0063 13-3 REQUEST FOR INFORMATION Project: East Gallatin River Stream Avulsion Restoration RFI Number: Project No.: ❑ (other?) ❑ ❑ Info Pages Action Regarding: References: (List specific Contract Documents researched when seeking the information being requested) Spec. No.: Dwg. No.: Request: (Provide complete description of request with document references and sketches or photos if necessary, and present status of work) Requester's Recommended Solution: (If RFI concerns a site or construction condition, provide a recommended solution, including cost&schedule considerations) Response ❑ Normal ❑ Rush (Work in progress) Priority: Reason For ❑ Existing ❑ Non- ❑ Clarification/ ❑Agency ❑ Request: Condition conformance Interpretation Generated Other Subcontractor: Date: CM/Contractor: By: Date: Response: END OF FORM HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 006313-4 NOTICE TO PROCEED Owner: City of Bozeman Owner's Project No.: Engineer: HDR Engineer's Project No.: 10059730 Contractor: ArL� �jcCirir/�t�u-w Contractor's Project No.: Project: East Gallatin River Stream Avulsion Restoration Contract Name: East Gallatin River Stream Avulsion Restoration Effective Date of Contract: //Z 3 IZ-019 Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on /Z /VP pursuant to Paragraph 4.01 of the General Conditions. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work will be done at the Site prior to such date. In accordance with the Agreement: The number of days to achieve Substantial Completion is 60 days from the date stated above for the commencement of the Contract Times, resulting in a date for Substantial Completion of Z / ZdZo and the number of days to achieve readiness for final payment is 6t days from the commence Tent ate of the Contract Times, resulting in a date for readiness for final payment of /� 7w Before starting any Work at the Site, Contractor must comply with the following: Owner: City of Bozeman By(signature): e IF ` Name(printed): Title: �.QiyL,d-ry'1�t�2C�N Date Issued: Copy: Engineer HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-550 NOTICE TO PROCEED 2018 00 65 00-1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology........................................................................................................ 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary.Matters.....................................................................................................................7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................7 2.02 Copies of Documents....................................................................................................................7 2.03 Before Starting Construction ........................................................................................................7 2.04 Preconstruction Conference; Designation of Authorized Representatives..................................8 2.05 Acceptance of Schedules ..............................................................................................................8 2.06 Electronic Transmittals .................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9 3.01 Intent.............................................................................................................................................9 3.02 Reference Standards.....................................................................................................................9 3.03 Reporting and Resolving Discrepancies......................................................................................10 3.04 Requirements of the Contract Documents.................................................................................10 3.05 Reuse of Documents...................................................................................................................11 Article 4—Commencement and Progress of the Work..............................................................................11 4.01 Commencement of Contract Times; Notice to Proceed.............................................................11 4.02 Starting the Work........................................................................................................................11 4.03 Reference Points.........................................................................................................................11 4.04 Progress Schedule.......................................................................................................................12 4.05 Delays in Contractor's Progress..................................................................................................12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions ....................13 5.01 Availability of Lands ....................................................................................................................13 5.02 Use of Site and Other Areas........................................................................................................14 5.03 Subsurface and Physical Conditions............................................................................................15 5.04 Differing Subsurface or Physical Conditions...............................................................................16 5.05 Underground Facilities................................................................................................................17 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 1 of 5 5.06 Hazardous Environmental Conditions at Site .............................................................................19 Article 6—Bonds and Insurance..................................................................................................................21 6.01 Performance, Payment, and Other Bonds..................................................................................21 6.02 Insurance—General Provisions...................................................................................................22 6.03 Contractor's Insurance.................................................................................................................24 6.04 Builder's Risk and Other Property Insurance..............................................................................25 6.05 Property Losses;Subrogation .....................................................................................................25 6.06 Receipt and Application of Property Insurance Proceeds..........................................................27 Article 7—Contractor's Responsibilities .....................................................................................................27 7.01 Contractor's Means and Methods of Construction....................................................................27 7.02 Supervision and Superintendence..............................................................................................27 7.03 Labor;Working Hours.................................................................................................................27 7.04 Services, Materials, and Equipment ...........................................................................................28 7.05 "Or Equals"..................................................................................................................................28 7.06 Substitutes ..................................................................................................................................29 7.07 Concerning Subcontractors and Suppliers..................................................................................31 7.08 Patent Fees and Royalties...........................................................................................................32 7.09 Permits........................................................................................................................................33 7.10 Taxes ...........................................................................................................................................33 7.11 Laws and Regulations..................................................................................................................33 7.12 Record Documents......................................................................................................................33 7.13 Safety and Protection..................................................................................................................34 7.14 Hazard Communication Programs..............................................................................................35 7.15 Emergencies................................................................................................................................35 7.16 Submittals ...................................................................................................................................35 7.17 Contractor's General Warranty and Guarantee .........................................................................38 7.18 Indemnification...........................................................................................................................39 7.19 Delegation of Professional Design Services................................................................................39 Article8—Other Work at the Site...............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination ...............................................................................................................................41 8.03 Legal Relationships......................................................................................................................41 Article9—Owner's Responsibilities............................................................................................................42 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 2 of 5 9.01 Communications to Contractor..................................................................................................42 9.02 Replacement of Engineer............................................................................................................42 9.03 Furnish Data................................................................................................................................42 9.04 Pay When Due.............................................................................................................................42 9.05 Lands and Easements; Reports,Tests, and Drawings.................................................................43 9.06 Insurance.....................................................................................................................................43 9.07 Change Orders ............................................................................................................................43 9.08 Inspections,Tests, and Approvals...............................................................................................43 9.09 Limitations on Owner's Responsibilities.....................................................................................43 9.10 Undisclosed Hazardous Environmental Condition......................................................................43 9.11 Evidence of Financial Arrangements...........................................................................................43 9.12 Safety Programs..........................................................................................................................43 Article 10—Engineer's Status During Construction....................................................................................44 10.01 Owner's Representative..........................................................................................................44 10.02 Visits to Site.............................................................................................................................44 10.03 Resident Project Representative.............................................................................................44 10.04 Engineer's Authority...............................................................................................................44 10.05 Determinations for Unit Price Work.......................................................................................45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45 10.07 Limitations on Engineer's Authority and Responsibilities ......................................................45 10.08 Compliance with Safety Program............................................................................................45 Article 11—Changes to the Contract..........................................................................................................46 11.01 Amending and Supplementing the Contract..........................................................................46 11.02 Change Orders ........................................................................................................................46 11.03 Work Change Directives..........................................................................................................46 11.04 Field Orders.............................................................................................................................47 11.05 Owner-Authorized Changes in the Work................................................................................47 11.06 Unauthorized Changes in the Work........................................................................................47 11.07 Change of Contract Price ........................................................................................................47 11.08 Change of Contract Times.......................................................................................................49 11.09 Change Proposals....................................................................................................................49 11.10 Notification to Surety..............................................................................................................50 Article12—Claims.......................................................................................................................................50 EJCDCa C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 3 of 5 12.01 Claims......................................................................................................................................50 Article 13—Cost of the Work;Allowances; Unit Price Work......................................................................51 13.01 Cost of the Work.....................................................................................................................51 13.02 Allowances..............................................................................................................................55 13.03 Unit Price Work.......................................................................................................................55 Article 14—Tests and Inspections;Correction, Removal, or Acceptance of Defective Work....................56 14.01 Access to Work........................................................................................................................56 14.02 Tests, Inspections, and Approvals...........................................................................................56 14.03 Defective Work.......................................................................................................................57 14.04 Acceptance of Defective Work................................................................................................58 14.05 Uncovering Work....................................................................................................................58 14.06 Owner May Stop the Work.....................................................................................................58 14.07 Owner May Correct Defective Work.......................................................................................59 Article 15—Payments to Contractor;Set-Offs;Completion; Correction Period ........................................59 15.01 Progress Payments..................................................................................................................59 15.02 Contractor's Warranty of Title................................................................................................62 15.03 Substantial Completion...........................................................................................................62 15.04 Partial Use or Occupancy........................................................................................................63 15.05 Final Inspection.......................................................................................................................64 15.06 Final Payment..........................................................................................................................64 15.07 Waiver of Claims.....................................................................................................................65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination .....................................................................................67 16.01 Owner May Suspend Work.....................................................................................................67 16.02 Owner May Terminate for Cause............................................................................................67 16.03 Owner May Terminate for Convenience.................................................................................68 16.04 Contractor May Stop Work or Terminate...............................................................................68 Article 17—Final Resolution of Disputes ....................................................................................................69 17.01 Methods and Procedures........................................................................................................69 Article18—Miscellaneous..........................................................................................................................69 18.01 Giving Notice...........................................................................................................................69 18.02 Computation of Times ............................................................................................................69 18.03 Cumulative Remedies .............................................................................................................70 E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 4 of 5 18.04 Limitation of Damages............................................................................................................70 18.05 No Waiver...............................................................................................................................70 18.06 Survival of Obligations ............................................................................................................70 18.07 Controlling Law.......................................................................................................................70 18.08 Assignment of Contract ..........................................................................................................70 18.09 Successors and Assigns...........................................................................................................70 18.10 Headings..................................................................................................................................70 EJCDCa C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 5 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor,that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer,to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements,the proposed Contract Documents,and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any,the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein,seeking an adjustment in Contract Price or Contract Times;contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor,duly submitted in compliance with the procedural requirements set forth herein,seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 1 of 70 requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner,duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein,made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous,toxic, or dangerous waste,substance,or material. 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion;and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals,that are in an electronic or digital format. 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 2 of 70 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient;and (e)the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in the Agreement. 23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property,or personal property. 27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner—The individual or entity with which Contractor has contracted regarding the Work,and which has agreed to pay Contractor for the performance of the Work,pursuant to the terms of the Contract. 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up,and of which the Workto be performed underthe Contract Documents is a part. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 3 of 70 33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site.As used herein,the term Resident Project Representative(RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor,of required submittals and the time requirements for Engineer's review of the submittals. 36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.Shop Drawings,whether approved or not, are not Drawings and are not Contract Documents. 38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications—The part of the Contract that consists of written requirements for materials,equipment,systems,standards,and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures;testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders,Claims, notices,Applications for Payment,and requests for interpretation or clarification are not Submittals. 42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents,so that the Work(or a specified part thereof)can be utilized for the purposes for which it is intended. The terms"substantially complete"and"substantially completed"as applied to all or part of the Work refer to Substantial Completion of such Work. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 4 of 70 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either(1)existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical,environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site,including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work—Work to be paid for on the basis of unit prices. 49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 5 of 70 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.6, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intentof Certain Terms or Adjectives:The Contract Documents include the terms"as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment,action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day:The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or 3. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or"provide," when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or"provide,"then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 6 of 70 F. Contract Price or Contract Times: References to a change in"Contract Price or Contract Times" or "Contract Times or Contract Price" or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed. G. Unless stated otherwise in the Contract Documents,words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds;Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract),the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner's Insurance:After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation,Owner shall promptly deliver to Contractor, with copies to each additional insured(as identified in the Contract),the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules:Within 10 days after the Effective Date of the Contract(or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 7 of 70 into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. , 2.04 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started,a conference attended by Owner,Contractor,Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings,Samples,and other Submittals,processing Applications for Payment, electronic or digital transmittals,and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing,a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective pa rty. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference,attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means,then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means,the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 8 of 70 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project(or part thereof)to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor,which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor,Supplier,or other individual or entity;or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor,Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard,or code,and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by orfor Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 9 of 70 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work,Contractor shall carefully study the Contract Documents,and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict,error,ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents,the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard,or code, or the instruction of any Supplier(whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents,and judge of the acceptability of the Work. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 10 of 70 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the EJCDCa C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 11 of 70 established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner,Contractor,and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.Such an adjustment will be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities(other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 12 of 70 D. Contractor's entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay,disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5,together with the provisions of Paragraphs 4.05.1)and 4.05.E. G. Paragraph 8.03 addresses delays,disruption,and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE S—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. EJCDCe C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 13 of 70 B. Upon reasonable written request,Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessaryfor giving notice oforfiling a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for(a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding,or in a court of competent jurisdiction;and (c)to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,from and against any such claim, and against all costs, losses,and damages (including but not limited to all fees and charges of engineers, architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 72 13-Page 14 of 70 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings:The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities),that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data,interpretations,opinions,and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival documents concerning the Site;or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 15 of 70 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature,and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith(except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition:After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 16 of 70 Contractor's cost of,or time required for, performance of the Work;subject, however,to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis,any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;and, c. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination,investigation,exploration,test,or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions.The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions,the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; EJCDC°C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 17 of 70 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor;determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility;and 4. advise Owner in writing of Engineer's findings,conclusions,and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility:After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis,then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times,to the extent that any existing Underground Facility at the Site that was not shown EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 18 of 70 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of,ortime required for, performance of the Work;subject, however,to the following: a. With respect to Work that is paid for on a unit price basis,any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38,Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors,with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to,any aspects of the means,methods,techniques,sequences and procedures EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 19 of 70 of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations,opinions,and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within. the scope of the Work. D. Contractor shall be responsible for controlling,containing,and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question,then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either(1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times,as a result of such Work stoppage,such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D,4.05.E, 11.07, and 11.08. H. If,after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 20 of 70 conditions,then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals,and all court,arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2)was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants,and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible,or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03,5.04,and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract.These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 21 of 70 Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent,or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work,Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies,"are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 22 of 70 Subcontractors or Suppliers.In any documentation furnished under this provision,Contractor, Subcontractors, and Suppliers may block out(redact) (1)any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintainingthe policies and coverages required of Owner by the Contract(if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1)any confidential premium or pricing information and (2)any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option, may purchase and maintain Owner's own liability insurance.Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer,or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project,and to name as additional insureds Owner and Engineer(and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies) on each Subcontractor's commercial general liability insurance policy;and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract,such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 23 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability,or that of its Subcontractors or Suppliers,under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained underthis Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions:The policies of insurance required bythis Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided,orthose required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing,or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable;and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer,and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 24 of 70 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor's acts or omissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. 6.04 Builder's Risk and Other Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the Work's full insurable replacement cost(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined.Such property insurance will be written on a special perils (all-risk)form, on a replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion,and before actual occupancy or use of the substantially completed Work,Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete,as set forth in Paragraph 15.06.D.Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis,and provide coverage consistent with that required for the builder's risk insurance.The builder's risk insurance may terminate upon written confirmation of Owner's procurement of such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder's risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property,Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest,then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor's expense. 6.05 Property Losses,Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder,or against E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 25 of 70 Engineer or its consultants,or their officers,directors,members, partners,employees,agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary,or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner;or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06,will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor,Subcontractors,or Engineer,orthe officers,directors,members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss,damage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by,arising out of,or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 26 of 70 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds,and give notice to such other insureds that adjustment and settlement of a claim is in progress.Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer eitherjointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods,techniques, sequences, and procedures, or for Site safety,then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1)Contractor's determination of the need for such services,(2)the qualifications or licensing of the design professionals retained or employed by Contractor, (3)the performance of such services, or(4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect,and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 27 of 70 B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise stated in the Contract Documents,all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday,Sunday,or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays,Sundays, or legal holidays only with Owner's written consent,which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. 7.05 "Or Equals" A. Contractor's Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified.The specification or description of such an item is intended to establish the type,function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an "or equal" item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 28 of 70 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense:Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or-equal" request. Engineer may require Contractor to furnish additional data about the proposed "or-equal" item. Engineer will be the sole judge of acceptability. No "or- equal"item will be ordered,furnished,installed,or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal,"which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or-equal" request will result in any change in Contract Price. The Engineer's denial of an "or-equal" request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor's Request;Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below.To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.13, as supplemented by the Specifications,and as Engineer may decide is appropriate under the circumstances. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 29 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use.The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified;and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered,furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee:Owner may require Contractorto furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 30 of 70 E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request will be final and binding,and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.13, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract,Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it(either in writing or by failing to make written objection thereto),then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 72 13-Page 31 of 70 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product,or device is specified in the Contract Documents for use in the performance of the Work and if,to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 32 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents,Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses.Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar.taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales,use,value-added,consumption,and othersimilar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents,together with all approved Samples,will be available to Engineerfor reference. Upon completion of the Work,Contractor shall deliver these record documents to Engineer. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 33 of 70 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site;and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them,or anyone for whose acts any of them may be liable,and not attributable,directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property,or to the protection of persons or property from damage, injury,or loss; and shall erect and maintain all necessary safeguards for such safety and.protection. F. Contractor shall notify Owner;the owners of adjacent property;the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor);and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 34 of 70 I. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.0 that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor's duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets(formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency,or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements,quantities,dimensions,specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respectto the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;and 3) all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 35 of 70 3. With each Shop Drawing or Sample,Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures forShop Drawings and Samples:Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions,specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals,any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 36 of 70 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance,or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples,subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval.Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time.Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 37 of 70 d. If any such Submittal is not accepted,Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04,and 2.05. F. Owner-delegated Designs:Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08.The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however,that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective;and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.6, such that any related Claim must be brought within 30 days of the notice. C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Owner's warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection,test, or approval by others; or EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 38 of 70 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner,then the specific warranties,guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages,costs,and judgments(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury,sickness,disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners,employees,agents,consultants,or subcontractors,by any employee(orthe survivor or personal representative of such employee)of Contractor,any Subcontractor,any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications,and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer,then such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 39 of 70 D. Owner and Engineer shall be entitled to rely upon the adequacy,accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design,subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents;and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site.Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 40 of 70 E. If the proper execution or results of any part of Contractor's Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site,the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work,causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work,through actions or inaction,then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times.Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event.The entitlement to,and extent of,any such equitable adjustment will take into account information(if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage,delay,disruption,or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 41 of 70 B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor,and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.6. 2. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work,and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner,or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 42 of 70 9.05 Lands and Easements;Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 14.02.13. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.Ownerwill not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 43 of 70 ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional,the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16. C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any)to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer's authority as to changes in the Work is set forth in Article 11. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 44 of 70 E. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract,tort,or otherwise owed by Engineer to Contractor,any Subcontractor,any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation,and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals,that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs of which Engineer has been informed. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies; and American Society of Civil Engineers.All rights reserved. 00 7213-Page 45 of 70 ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order,a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times,such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1)the performance or acceptability of the Work, (2)the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer's recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.13, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.13, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 46 of 70 B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary,then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor,which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings,Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect,if any, of the changes on Contract Times or Contract Price;or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 47 of 70 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2,the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.13.3,the Contractor's fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1)a fee of 15 percent of the costs incurred under Paragraphs 13.01.13.1 and 13.01.6.2 by the Subcontractor that actually performs the Work,at whatever tier,and (2)with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.13.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work;and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.E (specifically, payroll costs, Paragraph 13.01.13.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.01.6.3; special consultants costs, Paragraph 13.01.13.4; and other costs, Paragraph 13.01.13.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 48 of 70 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal:Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data,either approve the Change Proposal in whole,deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 49 of 70 Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.13. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to,Contract Price or Contract Times),the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise),the acceptability of the Work, or other engineering or technical matters;and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.13. B. Submittal of Claim:The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal.The party submitting the Claim shall also furnish a copy to the Engineer,for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 50 of 70 and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement.All actions taken on a Claim will be stated in writing and submitted to the other party,with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute,the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful,the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days,then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim,whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work,the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below.The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee,time-and-materials, or other cost-based terms;or EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 51 of 70 2. When needed to determine the value of a Change Order,Change Proposal,Claim,set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project,will not include any of the costs itemized in Paragraph 13.01.C,and will include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents,foremen,safety managers,safety representatives,and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits,which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale.of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee will be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost,including transportation and maintenance,of all materials,supplies,equipment, machinery, appliances, office, and temporary facilities at the Site, which are EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 52 of 70 consumed in the performance of the Work,and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects;or rental rates may be established on the basis of purchase or salvage value of such items,whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price(including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price ("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable,as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder's risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 53 of 70 g. The cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded:The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters,timekeepers, clerks, and other personnel employed by Contractor,whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.13.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee,then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work,Contractor's fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee,then Contractor's fee for any Work covered by a Change EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 54 of 70 Order,Change Proposal,Claim,set-off,or other adjustment in Contract Price on the basis . of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13,Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee.Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents,to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes;and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Owner's Contingency Allowance: Contractor agrees that an Owner's contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 55 of 70 thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof)for all required inspections and tests,and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner,except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 56 of 70 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing,adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work;and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors,testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work(or the work of others)that is to be inspected,tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,uncover such Work for observation.Such uncovering will be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective,and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction,or Removal and Replacement:Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties:When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment,if Owner and Contractor are unable to agree as to the measure of such claims,costs, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. 00 7213-Page 57 of 70 losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment,to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted,then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering,all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others,then Contractor, at Engineer's request,shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims,costs, losses,and damages arising out of or relating to such uncovering,exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof,then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment,or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents,then Owner may order Contractor to stop the Work, E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 58 of 70 or any portion thereof, until the cause for such order has been eliminated; however,this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days'written notice to Contractor,correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site,take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal,or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments:The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period,as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 59 of 70 establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will,within 10 days after receipt of each Application for Payment,including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional,and on Engineer's review of the Application for Payment and the accompanying data and schedules,that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion,the results of any subsequent tests called for in the Contract Documents,a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 60 of 70 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner;or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if,in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation,the amount recommended(subject to any Owner set-offs)will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 61 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor's failure to achieve Milestones,Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or I. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified,the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work,materials,and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 62 of 70 submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete,stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 63 of 70 significant interference with Contractor's performance of the remainder of the Work,subject to the following conditions: 1. At any time,Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner,and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request,Owner,Contractor,and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work,or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any,to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 64 of 70 d. a list of all duly pending Change Proposals and Claims;and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work,and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner,Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a)the releases and receipts include all labor, services, material,and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Workforwhich Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property,have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Final Application and Recommendation of Payment: If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will,within 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments.Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work:The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due:Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, E1CDCe C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 65 of 70 appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims,and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor's repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.6. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner's written instructions,or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor's failure to pay such costs, losses,and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13,such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work(and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 66 of 70 F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed.Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days' written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses,and damages(including but not limited to all fees and charges of engineers,architects, E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 67 of 70 attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims,costs, losses,and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph,Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond.Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A,the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; .2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs,or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted,or(3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 68 of 70 provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents,that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article,Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid,to the recipient's place of business;or 3. by e-mail to the recipient,with the words"Formal Notice"orsimilar in the e-mail's subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 72 13-Page 69 of 70 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals,Claims,disputes subject to final resolution,and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion,and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 00 7213-Page 70 of 70 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology.......................................................................................................1 Article 2— Preliminary Matters....................................................................................................................1 Article 3— Contract Documents: Intent, Requirements, Reuse...................................................................2 Article 4—Commencement and Progress of the Work...............................................................................2 Article 5—Site,Subsurface and Physical Conditions, Hazardous Environmental Conditions......................3 Article6— Bonds and Insurance...................................................................................................................3 Article 7— Contractor's Responsibilities......................................................................................................7 Article 8—Other Work at the Site................................................................................................................8 No Supplementary Conditions in this Article............................................................................................8 Article 9— Owner's Responsibilities.............................................................................................................8 No Supplementary Conditions in this Article............................................................................................8 Article 10— Engineer's Status During Construction.....................................................................................8 Article 11—Changes to the Contract.........................................................................................................10 Article12—Claims......................................................................................................................................10 Article 13— Cost of Work;Allowances, Unit Price Work............................................................................10 Article 14—Tests and Inspections; Correction, Removal,or Acceptance of Defective Work ...................11 Article 15— Payments to Contractor,Set Offs; Completions;Correction Period ......................................11 Article 16— Suspension of Work and Termination ....................................................................................12 Article 17— Final Resolutions of Disputes..................................................................................................12 Article18— Miscellaneous.........................................................................................................................13 EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 1 of 1 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms, if any, used in these Supplementary Conditions have the meanings stated below,which are applicable to both the singular and plural thereof. The paragraph address system used in these Supplementary Conditions is the same as the paragraph address system used in the General Conditions, with the prefix "SC" added—for example, "Paragraph SC-4.05." ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01.A.16 Add the following to Paragraph 1.01.A.16: When the Project is to be constructed under multiple direct Contracts awarded by the Owner,the term"Contractor"shall mean the appropriate prime contractor. Whenever a specific prime Contractor is referred to, terms such as "General Contractor", "Electrical Contractor", "Plumbing Contractor", "HVAC Contractor", or other appropriate Contract- indicating term will be used. SC-1.01.A.40 Add the following to Paragraph 1.01.A.40: Trucking, shipping, delivery firms, consultants, and entities performing testing or inspection retained by Contractor or any Subcontractor are considered to be Subcontractors. SC-1.01.A.44 Add the following to Paragraph 1.01.A.44: Entities that rent construction equipment or machinery,but are not incorporated into the Work,are considered to be Suppliers. If such rental entity furnishes both equipment and one or more personnel to operate and maintain the equipment, such entity is a Subcontractor. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.13. and C. in their entirety and insert the following in their place: B. Evidence of Contractor's Insurance:When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies(including all endorsements,and identification of applicable self-insured retentions and deductibles)of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights'reserved. Page 1 of 13 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Delete Paragraph 3.01.0 in its entirety. SC-3.01 Add the following new paragraphs immediately after Paragraph 3.01.E: F. The Specifications and other verbal components of the Contract Documents may vary in form, format, and style. Some Specification sections are written in varying degrees of streamlined or declarative style and some Specifications sections may, in comparison, employ a more-narrative style. Omissions of such words and phrases as "Contractor shall," "in conformity with," "as shown,"or"as specified"are intentional in streamlined language in the Contract Documents. Omitted words and phrases are incorporated by inference. Similar types of provisions may appear in various parts of a Specifications section or elsewhere in the Contract Documents. Contractor shall not attempt to take advantage of any variation of form,format or style in Change Proposal(s) and Claim(s). G. Cross referencing of Specification sections in a Specifications section's heading "Related Sections includes, but are not necessarily limited to: "and elsewhere within each Specifications section is provided as an aid and convenience to Contractor. Contractor shall not rely on cross referencing indicated and is responsible for coordinating the entire Work and providing a complete Project whether or not cross referencing is provided in each Specifications section or whether or not cross referencing is complete. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.05 Delays in Contractor's Progress SC-4.05.0 Amend Paragraph 4.05.0 by adding the following subparagraphs: 5. Weather-Related Delays a. If"abnormal weather conditions" as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: (1)that weather conditions were abnormal for the period of time in which the delay occurred, (2)that such weather conditions could not have been reasonably anticipated,and (3)that such weather conditions had an adverse effect on the Work on the critical path at the time of the delay. b. The existence of abnormal weather conditions will be determined on a month-by- month basis in accordance with the following: 1) Every workday on which one or more of the following conditions exist will be considered a "bad weather day": i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds the monthly average of precipitation (as rain equivalent, based Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 13 on the snow/rain conversion indicated in Table SC-4.05.C-1—Foreseeable Bad Weather Days. ii) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold:The 32 degrees Fahrenheit. ARTICLE 5—SITE,SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.04.A Add the following new paragraph immediately after Paragraph 5.04.A.4: 5. Contractor encounters human remains,recognizes the existence of burial markers,archaeological sites, historical sites, artifacts of potential archaeological or historical interest, or wetlands not shown or indicated in the Contract Documents, Contractor shall immediately cease operations that may disturb such area(s) and secure the adjacent Work; and Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations (Contractor shall continue to suspend such operations until otherwise instructed by Owner but shall continue with all other operations that do not affect those remains or features); ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A: 1. Required Performance Bond Form:The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond 2018 edition. 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC®C-615, Payment Bond 2018 edition. 6.03 Contractor's Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.0 of the General Conditions,the commercial general liability,automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds(in addition to Owner and Engineer)the following: City of Bozeman, HDR. E. Workers' Compensation and Employer's Liability: Contractor shall purchase and maintain workers' compensation and employer's liability insurance, including, as applicable, United States Longshoreman and Harbor Workers' Compensation Act, Jones Act, stop-gap employer's liability coverage for monopolistic states, and foreign voluntary workers' compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.E of the General Conditions). Workers'Compensation and Related Policies Policy limits of not less than: Workers'Compensation Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 13 Workers'Compensation and Related Policies Policy limits of not less than: State Statutory Applicable Federal (e.g., Longshoreman's) Statutory Foreign voluntary workers'compensation(employer's responsibility Statutory coverage),if applicable Employer's Liability $500,000.00 F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance,covering all operations by or on behalf of Contractor, on an occurrence basis,against claims for: ownership, maintenance, or use of any motor vehicle.The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $500,000.00 Each Accident $1,000,000.00 Property Damage Each Accident $1,000,000.00 or Combined Single Limit Combined Single Limit(Bodily Injury and Property Damage) $1,000.000.00 K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the Paragraphs above.The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $1,000,000.00 General Aggregate $3,000,000.00 L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: Contractor may meet the policy limits specified for employer's liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy's policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 13 as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or excess policy must retain a minimum limit of $5,000,000.00 after accounting for partial attribution of its limits to underlying policies, as allowed above. M. Contractor's Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance must be maintained for no less than one year after final completion. Contractor's Pollution Liability Policy limits of not less than: Each Occurrence/Claim $3,000,000.00 General Aggregate $5,000,000.00 6.04 Builder's Risk and Other Property Insurance SC-6.04 Supplement Paragraph 6.04 with the following provisions: F. Builder's Risk Requirements:The builder's risk insurance must: 1. be written on a builder's risk"all risk" policy form that at a minimum includes insurance for physical loss or damage to the Work,temporary buildings, falsework,and materials and equipment stored and in transit,and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship,methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a)the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c)temporary works which are not intended to form part of the permanent Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 of 13 constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of contractors,engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of$50,000. 5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of$50,000. 6. allow for the waiver of the insurer's subrogation rights,as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.1)of the General Conditions, or until written confirmation of Owner's procurement of property insurance following Substantial Completion,whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder's risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions,and this and all other corresponding Supplementary Conditions,the parties required to be insured will be referred to collectively as"insureds." 11. If debris removal in connection with repair or replacement of insured property is subject to a coverage sublimit, such sublimit will be a minimum of$250,000. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder's Risk and Other Property Insurance Deductibles: The purchaser of any required builder's risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. 1. The builder's risk policy (or if applicable the installation floater) will be subject to a deductible amount of not more than $50,000 for direct physical loss in any one occurrence. SC-6.04 Delete Paragraph 6.04.A and substitute the following in its place: A. Installation Floater 1. Contractor shall provide and maintain installation floater insurance on a broad form or "all risk" policy providing coverage for materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work ("Covered Property"). Coverage under the Contractor's installation floater will include loss from covered"all risk"causes (perils)to Covered Property: Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. E1CDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 13 a. of the Contractor, and Covered Property of others that is in Contractor's care, custody, and control; b. while in transit to the Site, including while at temporary storage sites; c. while at the Site awaiting and during installation,erection, and testing; d. continuing at least until the installation or erection of the Covered Property is completed, and the Work into which it is incorporated is accepted by Owner. 2. The installation floater coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. 3. The installation floater coverage will be in an amount sufficient to protect Contractor's interest in the Covered Property. The Contractor will be solely responsible for any deductible carried under this coverage. 4. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.02 Supervision and Superintendence SC-7.02 Add the following to Paragraph 7.01,following Paragraph 7.02.6: C. Unless Owner otherwise agrees in writing, the superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 7.14 Hazard Communication Programs SC-7.14 Add the following new paragraph immediately after Paragraph 7.14.A: B Single Prime Contract: Contractor shall be responsible for coordinating exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations.Contractor shall provide a centralized location for the maintenance of the safety data sheets or other hazard communication information required to be made available by any employer on the Site. Location of the material safety data sheets or other hazard communication information shall be readily accessible to the employees of employers on the Site. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 of 13 ARTICLE 8—OTHER WORK AT THE SITE No Supplementary Conditions in this Article. ARTICLE 9—OWNER'S RESPONSIBILITIES No Supplementary Conditions in this Article. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.B: C. The Resident Project Representative(RPR)will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor.The RPR will: 1. Conferences and Meetings:Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor's safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. 3. Liaison a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information,when required for Contractor's proper execution of the Work. 4. Review of Work;Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining,to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. This does not impose on either RPR or Engineer any obligation to find all, or any specific element of, defective Work,for which Contractor remains solely responsible. b. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 8 of 13 a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to(1)code-required tests and special inspections,and (2) those performed by public or other agencies having jurisdiction over the Work. b. Observe specific tests, inspections,and other field quality control required by the Contract Documents and performed by Contractor, Subcontractor, Supplier, or by testing or laboratories retained by any of them, . c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor and advise Contractor regarding quantities or extent of the Work eligible for payment. 7. Completion a. Participate in Engineer's visits regarding inspection for Substantial Completion. b. Assist in the augmenting or amending the punch list of items to be completed or corrected prior to final inspection. c. Final Inspection: Participate in Engineer's visit to the Site, in the company of Owner and Contractor, regarding completion of the Work, and prepare a final punch list (if any)of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. d. Record Documents: Periodically during the Work,review with Contractor the status of Contractor's record documents required by the Contract Documents and advise Contractor on whether such record documents appear to comply with the Contract's requirements for record documents. Review final record documents submitted by Contractor. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials, equipment (including "or-equal" items), or procedures or sequences indicated in the Contract Documents. 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control or responsibility over any aspect of the means, methods,techniques, sequences or procedures of construction. 5. Advise on, issue directions regarding, or assume control over security protection, or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 9 of 13 ARTICLE 11—CHANGES TO THE CONTRACT No Supplementary Conditions in this Article. ARTICLE 12—CLAIMS No Supplementary Conditions in this Article. ARTICLE 13—COST OF WORK;ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01.B.5.c.(1) Supplement Paragraph 13.01.B.5.c.(1) by adding the following subparagraphs: a) Prior to commencing Work at the Site,submit to Owner,through Engineer,copies of the equipment rental agreements for Owner's approval. ' b) Should Contractor perform Work using rented construction equipment or machinery without Owner's written approval of the associated rental agreement and the parties subsequently disagree on the applicable rental rates, use of such construction equipment and machinery will be compensated on the basis of the rental rate book indicated in Paragraph SC-13.01.13.5.c.(2). c) When the rental rate book is used basis for determining compensation for construction equipment and machinery leased from a rental firm,the hourly rate for such equipment shall be determined in accordance with Paragraph 13.01.13.5.(2) of the General Conditions. SC-13.01.6.5.c.(2) Supplement Paragraph 13.01.13.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of 2008 MDT equipment rental rate guidelines. SC-13.01.6.5.c Supplement Paragraph 13.01.13.5.c by adding the following subparagraphs: 4) Inactive Equipment and Machinery:Rental of construction equipment and machinery shall cease when the use thereof is no longer necessary for the Work. Periods of inactivity for such construction equipment or machinery will not be compensable unless agreed upon in writing by Owner, unless the costs of disassembly, removal, transportation, reassembly, and remobilization, as submitted to and accepted by Owner (with advice of Engineer) would exceed the cost of continuing to rent the item(s) during the period(s) of inactivity. Contractor is responsible for obtaining Owner's written approval for compensation for construction equipment and machinery for periods of inactivity. Owner is not responsible for retroactively approving such inactivity. "Period of inactivity'for such items includes periods when the construction equipment or machinery is not used or necessary for the logical and Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. E1CDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 13 efficient progression of the Work,or when other,available equipment or machinery is suitable for performing the given task. 5) Condition of Equipment and Machinery:Construction equipment and machinery will be compensable only for serviceable construction equipment and machinery capable of efficiently performing its intended function at the Site. Construction equipment and machinery not in compliance with this Paragraph SC-13.01.6.5.c.5)is not eligible for compensation. 6) Capped Compensation: Compensation paid Contractor for a given item of Contractor-owned construction equipment or machinery will be capped at,and shall not exceed, the comparable purchase price of such item of equal or comparable capacity and capability. SC-13.01.C.2 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, "small tools and hand tools" means items in one or more of the following categories: (1) Items that are ordinarily required for the performing worker's job function, including but not limited to equipment which ordinarily has no associated licensing, insurance, or substantive storage costs; such as hammers, wrenches, socket tools, manual saws, power saws, chainsaws, common power tools, impact drills, threaders, benders, transits and theodolites and related equipment, and other tools transportable by hand, regardless of ownership of such items; (2) Items such as gang-boxes, ladders, hand carts and similar wheeled items manually operated by-workers, extension cords, and similar items; (3) common testing equipment such as insulation testers (megger-testing equipment), amp meters, gas detectors, pressure gauges, and similar items; (4) A purchase price (if purchased new, at retail) of$500, although such limit is not absolute, and certain items may be deemed by Owner or Engineer as"small tools or hand tools" (and not eligible for compensation)even though such item may have a purchase price greater than the amount indicated in this Paragraph 13.01.C.2. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK No Supplementary Conditions in this Article. ARTICLE 15—PAYMENTS TO CONTRACTOR,SET OFFS;COMPLETIONS;CORRECTION PERIOD 15.03 Substantial Completion SC-15.03.13 Add the following new subparagraph to Paragraph 15.03.13: 1. If some or all of the Work has been determined by Engineer not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer or other entity retained by Owner,the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 11 of 13 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION No Supplementary Conditions in this Article. ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES 17.02 Arbitration SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. SC-17.02 Arbitration A. All matters subject to final resolution under this Article will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be settled in accordance with the American Arbitration Association's supplemental rules for Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitration administrator, and a copy will be concurrently sent to Engineer for information.The demand for arbitration will be made within the specific time required in Article 17, or, if no specified time is applicable, within a reasonable time after the matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. C. The arbitration will be held in Bozeman, MT, as directed by the Owner. D. The arbitrator(s) must be licensed engineers, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Contract. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount. E. The Arbitrator(s) will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys'fees if a specific Law or Regulation or this Contract permits them to do so. F. The award of the arbitrator(s) must be accompanied by a reasoned written opinion and a concise breakdown of the award. The written opinion will cite the Contract provisions deemed applicable and relied on in making the award. G. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award.Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 12 of 13 H. No arbitration arising out of or relating to the Contract will include by consolidation,joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity will allow complete relief to be afforded among those who are already parties to the arbitration; 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration, and which will arise in such proceedings; 3. such other individual or entity is subject to arbitration under a contract with either Owner or Contractor, or consents to being joined in the arbitration; and 4. the consolidation or joinder is in compliance with the arbitration administrator's procedural rules. I. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof,and it will not be subject to modification or appeal,subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. J. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Contract. To the extent any disclosure is allowed pursuant to the exception,the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible. 17.03 Attorneys'Fees SC-17.03 Add the following new paragraph immediately after Paragraph 17.02. SC-17.03 Attorneys'Fees A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys' fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties' initial demand or defense positions in comparison with the final result. ARTICLE 18—MISCELLANEOUS No Supplementary Conditions in this Article. Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. E1CDC®C-800,Supplementary Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 13 of 13 ADDENDUM NO. 1 CITY OF BOZEMAN, MT EAST GALLATIN RIVER STREAM AVULSION RESTORATION HDR Engineering, Inc. City of Bozeman, Engineering Division 2150 Analysis Drive, Suite A 121 N. Rouse Ave. Bozeman, MT 59718 Bozeman, MT 59715 Phone: (406) 577-5015 Phone: (406) 582-2300 PART 1 - GENERAL 1.01 SCOPE A. This addendum forms a part of the Bidding and Contract Documents and modifies the Project Manual as described below. B. This Addendum consists of 2 pages and the following attachments: 1. Contract Manual Signature Page to be inserted in the front of the specification manual. 2. Section 013000—Attachment 1; City of Bozeman Floodplain Permit 3. Section 013000—Attachment 2; Gallatin County Floodplain Permit 1.02 ACKNOWLEDGEMENT A. All bidders are required to base their bid upon the information furnished in this Addendum, and acknowledge receipt of this Addendum by signing and dating in the space provided in the Bid Form. PART 2 - PROJECT MANUAL 2.01 DIVISION 00—PROCUREMENT AND CONTRACTING REQUIREMENTS A. Section 001113 —City of Bozeman Advertisement for Bids 1. Delete the word "Mandatory" from the first sentence of the fourth paragraph. 2. Add the following after the first sentence in the fourth paragraph: "CONTRACTOR is not required to attend the Pre-Bid Conference to submit a bid or proposal." 2.02 DIVISION 1 — GENERAL REQUIREMENTS A. Section 013000.—Special Conditions 1. Article 1.2.A.1.b.1, modify as follows: "1) See Attachment 1 in Addendum No. 1 for City of Bozeman Floodplain Permit terms and conditions." 2. Article 1.2.A.1.b.2, modify as follows: HLIR Prolccl Ao. 00�9'i(1 City of Bozeman East Gallatin River Stream Avulsion Restoration 10/9/2019 Addendum No. 1 - I "2) See Attachment 2 in Addendum No. 1 for Gallatin County Floodplain Permit terms and conditions." `````,,j 111111I111 f11771171 ..SON AN .., ,9 * D o,sTEAO°''' ON 7j7,111,1111101111`` END OF ADDENDUM NO. 1 H DR Pr01CCt[No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration 10/9/2019 Addendum No. l-2 CONTRACT MANUAL CITY OF BOZEMAN East Gallatin River Stream Avulsion Restoration I hereby certify that the Project Plans and Specifications in the Contract Documents were prepared by me or under my direct supervision and that I am a duly registered Engineer under the laws of the State of Montana. �pNTq,N� PE s�ONA- Daniel March, PE—Project Manager HDR ENGINEERING, INC. 2150 Analysis Drive Bozeman, Montana 59718 (406)532-2200 Phone (406)532-2241 Fax Attachment i — City of t3ozeman r ioodpiain Permit I ' Engineering Division October 1,2019 City of Bozeman Attn: Mr. Heaston 20 E Olive St#202 Bozeman,MT 59715 RE: Floodplain Permit Approval City of Bozeman Water Reclamation Facility river restoration project Dear Mr. Heaston: Upon review of the floodplain development permit application materials for the referenced project, the City Floodplain Administrator finds that applicable criteria contained in Division 38.600 Bozeman Municipal Code are satisfied for floodplain permit approval. The proposed project consists of fully reconstructing the avulsed river bank, construction of a downstream channel plug, and restoring damaged local ditch infrastructure back to its original function. This Floodplain Development Permit is approved subject to the following condition: 1) The project engineer shall provide adequate project construction inspection and within 90 days of completion of the permitted work shall certify to the City Engineer that the project was completed in accordance with the approved plans. 2) A FEMA letter of map revision (LONM)shall be completed within 180 days of completion of construction. One set of application materials bearing the City's approval is enclosed. The project must conform to the approved project plans and specifications,including any conditions placed on the project by other required permits approved for the project. Any change in the approved plans and specifications shall be submitted to the City Engineer's Office for review and approval prior to construction. This approval is given with the understanding that the work within the 100-year floodplain will be initiated within 1 year of the date of this letter. If more than one year elapses before initiation of this project,it shall be necessary to resubmit the project plans for re-approval before beginning construction. Please contact me if you have any questions. Sincerely, 'Z Lance Lehigh,PE, CFM Engineer III/City of Bozeman Floodplain Administrator Attachments cc: Traci Sears-DNRC Water Resources,Floodplain Management,PO Box 201601,Helena,MT 59620-1601 Shawn Kohtz,City Engineer via email:skohtz@bozeman.net Brian Heaston,Engineer III via email:bheaston@bozeman.net Project File Bozeman, 406 P.O. Box 1230 • 1 TDo 406-582-2301 THE Nb OST LIVABLE PLACE. Attachment 2 — Gallatin County Floodplain Permit Gallatin County October 3,2019 Brian Heaston,P.E. City of Bozeman Engineering Division P.O.Box 1230 Bozeman,MT 59771-1230 Re: Floodplain Permit No.2020-003 East Gallatin Avulsion Repair Project Dear Mr.Heaston: Please review the attached conditional approval of the floodplain permit for the City of Bozeman's Avulsion Repair project on the East Gallatin River. The floodplain permit is valid until October 3,2020 and includes conditions of approval that must be complied with. Please also note that there are requirements for providing documentation upon completion of the project. Please feel free to contact me at(406)582-3130 or sean.ocallagban@gallatin.mt.gov with any questions. Sincerely,, / P can O'VC Ca11 an,CFM Floodplain Administrator FADevelopment Review\Projects\Floodplain1F2020-003 City of Bozeman\F2020-003_apMval.ltr.docx Department of Planning&Community Development • 311 W.Main, Rm. 108 • Bozeman,MT 59715 Phone (406)582-3130 • Fax(406)582-3135 • planning(&,galIatin.mt.go BEFORE THE GALLATIN COUNTY FLOODPLAIN ADMINISTRATOR GALLATIN COUNTY,MONTANA FINDINGS OF FACT AND ORDER: IN THE MATTER OF THE APPLICATION OF CITY OF BOZEMAN,FOR A FLOODPLAIN DEVELOPMENT PERMIT TO PERFORM WORK IN THE REGULATORY FLOODPLAIN OF THE EAST GALLATIN RIVER I. FINDINGS OF FACT A. Section 76-5-101, et seq., MCA, establishes the minimum requirements for county floodplain management regulations. ` B. The Gallatin County Floodplain Ordinance ("Floodplain Regulations") was adopted December 14, 2017 (Ordinance#2017-011). C. The purpose of the Gallatin County Floodplain Regulations is: To promote the public health, safety and general-welfare, to minimize flood losses in areas subject to flood hazards and to promote wise use of the floodplain. These Regulations have been established with the following purposes intended: ,1. To guide development of the 100 year floodplain areas of Gallatin County outside incorporated areas consistent with the enumerated findings by: 1. recognizing the right and need of water courses to periodically carry more than the normal flow of water; 2. participating in coordinating efforts of federal, state and local management activities for 100- year floodplains;and, 3. insuring the regulations and minimum standards adopted, insofar as possible, balance the greatest public good with the least private injury. A Specifically it is the purpose of these Regulations to: 1. restrict or prohibit uses which are dangerous to health, safety or property in times of flood, or cause increased flood heightY or velocities; 2. require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; 3. identify lands unsuitable for certain development purposes because of flood hazards; 4. minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. insure that potential buyers are notified that property is within a 100 year floodplain and subject to the provisions of these Regulations; and, 6. insure that those who occupy 100 year floodplains assure responsibility for their actions. F2020-003 - City of Bozeman Floodplain Permit 1 T). Intent of Review: The purpose of the floodplain permit application is to review required plans and information, to determine if the project as proposed meets the purpose and requirements of the Floodplain Regulations. A permit will be granted or denied by the Floodplain Administrator on the basis of whether the proposed establishment, alteration or substantial improvement of an artificial obstruction or non- conforming use meets the requirements of the Floodplain Regulations. E. Description of Proposed Proiect: The application for a floodplain permit for the City of Bozeman (Applicant), was received by the Planning Department on August 28, 2019, with information provided by Dan March, P.E. of HDR Engineering (Applicant's Representative). The Applicant intends to perform work in the regulatory floodplain to correct an avulsion that occurred in May of 2018 near their wastewater treatment plant. The project includes channel alteration, bank stabilization, and placement of fill to reconstruct an avulsed river bank to its pre-avulsion condition, and to redirect flow back into the pre-avulsion channel. The Applicant's Representative has prepared a hydraulic model, which has been reviewed by DNRC, to analyze the impact of the proposed project, and provided the required "No-Rise" Certification, which was certified by Dan March, P.E. Only a small portion of the project extends into the County's jurisdictional area, and work in that area is limited to rebuilding an irrigation ditch that existed in this location prior to the avulsion. F. Location of Proposed Proiect: The project site is generally located at the City of Bozeman wastewater treatment plant located 2245 Springhill Road, Tract 2 of COS 473E in the Southwest One-Quarter(SW%) Northeast One-Quarter (NE'/) of Section 26, Township One South (TOI S), Range Five East (R05E), P.M.M., Gallatin County, MT. Reconstruction of the irrigation ditch will also occur on Lot I of Minor Subdivision No. 394. G. Record: The Floodplain Administrator's decision is based on the following information: 1. The application for a floodplain development permit received from the Applicant's Representative on August 28, 2019, consisting of. cover letter, Joint Application Form and attachments (7 pages); response to Gallatin County Submittal Requirements (4 pages); Flood Insurance Rate Map (I page); floodplain analysis prepared by Dan March, P.E. memorandum with attachments including but not limited to project plans and HEC-RAS analysis; alternatives assessment (5 pages); engineering certification by Dan march, P.E. (1 page); and list of adjoining property owners; and 2. Cover letter with attachments submitted by Applicant on September 3, 2019, responding to comments from Army Corps of Engineers and providing additional detail; 3. August 9, 2019 memo from Marc Pitman, P.E. of Montana DNRC providing comments on the proposed project; and 4. 318 authorization from DEQ, SPA 124 Permit,401 certification,404 Permit; 5. September 26,2019 email from representative of owner of Lot 1 of Minor Subdivision No. 394; 6. October 1, 2019 letter from Dan March, P.E. confirming the design alternative that could result in installation of rip-rap to the irrigation ditch does not change the previous "no-rise"determination; and 7. The Gallatin County Floodplain Regulations adopted on December 14, 2017. H. Applicability of Gallatin County Floodplain Regulations to Proposed Proiect• The project site is covered by the Flood Insurance Study, Gallatin County, Montana, and Incorporated Areas Federal Emergency Management Agency, September 2, 2011. According to the corresponding Flood Insurance Rate Map (3003 1 C0802D), the project is located in the floodway portion of Zone AE. I. Legal Notice and Review Period: Notice of the subject floodplain permit application was published in the Bozeman Daily Chronicle on September 8 & 15, 2019. Notice was also sent to adjoining landowners F2020-003 - City of Bozeman Floodplain Permit 2 via first class mail. The Floodplain Administrator did not receive any public comment concerning the project. J. Compliance with Gallatin County Floodplain Reodations• The major components of the avulsion repair project are within the City of Bozeman and have been reviewed and approved under separate pen-nit by the City of Bozeman's Floodplain Administrator. The application materials describe the project in its entirety, and include a hydraulic model and no-rise certification, which have been independently reviewed by Marc Pitman, P.E. of Montana DNRC. The only portion of the project within the Floodplain District and under the jurisdictional area of the Gallatin County Floodplain Regulations is a portion of the reconstruction of the Beck Nelson Flannery Ditch. The reconstruction will be approximately 350 feet in length from the existing headgate to an existing irrigation culvert — it is only the downstream most 60 or so feet of the irrigation ditch that are within the County jurisdictional area. The ditch will mostly be excavated into the post avulsion ground topography, with a short (approximately 60-foot) section of berm construction required immediately downstream of the headgate. The Floodplain Administrator has identified the below provisions of the Gallatin County Floodplain Regulations as being applicable to the project: Section 5.02.B.1: Per Section 5.02.B.1 of the Floodplain Regulations, excavation may take place in the floodway provided: (a) a buffer strip of undisturbed land of sufficient width to.prevent flood flows from channeling into the excavation is left between the edge of the channel and the edge of the excavation; (b) the excavation meets all applicable laws and regulations of other local and state agencies; and (c) the excavated material is stockpiled outside of the floodway, and if reasonably attainable, outside the floodplain. Floodplain Administrator's Response. With respect to the requirements of Section 5.02.B.1 the Floodplain Administrator finds as follows: (a) The County's jurisdictional area doesn't start for some distance downstream from the existing irrigation diversion, which would be the likely point of concern for flood flows channeling into the irrigation ditch. The ditch relies on the existing irrigation diversion, which will be further protected from flood flows by the channel plug that will be installed upstream of the ditch to reduce the likelihood of any future avulsion. The Applicant has indicated that the channel plug design is such that water may flow over the top of the plug in flood events, as it did in this area prior to the avulsion. For this reason ditch users have requested an alternate design includes armoring a portion of the ditch. The impact of armoring the ditch has been addressed in a October 1, 2019 memo from the Applicant's Representative, which states that such work would not change the previous "no-rise" determination; (b) The project has received the necessary regulatory approvals; and (c) A condition of approval is included requiring any excess materials to be disposed of outside of the regulatory floodplain upon completion of the project. K. Additional Factors for Consideration: Section 4.013.1 requires the Floodplain Administrator to consider additional factors, which follow: a. The danger to life and property due to increased flood heights, increased floodwater velocities or alterations in the pattern of flood flow caused by encroachments. The Applicant's Representative states. "The project is designed and certified to cause `no-rise' in the base flood elevation." F2020-003 - City of Bozeman Floodplain Permit: 3 b. The danger that materials may be swept onto other lands or downstream to the injury of others. The Applicant's Representative states: "The project is designed to withstand 100-yr flood discharge and is certified to cause "no-rise"in the base flood elevation." c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. The Applicant's Representative states: "Not applicable." No water supply or sanitation system is proposed as part of this project; however it should be noted that the primary point of this project is to restore East Gallatin River flows to the channel that is used for the outfall from the City of Bozeman's wastewater treatment plant. d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner. The Applicant's Representative states: "The project is designed to withstand 100-yr flood discharge and is certified to cause"no-rise"in the base flood elevation." Floodplain Administrator Comments: The proposed reconstruction of the irrigation ditch should be less vulnerable to flood damage after the larger project takes place than it was prior to the avulsion. That said, damage to the facility could impair irrigator's ability to obtain water. e. The importance of the services provided by the facility to the community. The Applicant's Representative states: "Absolutely critical. The project returns the main channel of the river to its pre- avulsion condition, thus providing an immediate and natural source of dilution for mixing treated effluent discharged from the WRF outfall. Mixing flow is essential for preservation of public health and safety." Floodplain Administrator Comments: Restoring flows to the irrigation ditch through the existing headgate will also benefit water users that rely on that water source. f. The proposed development will be reasonably safe from flooding. The Applicant's Representative states: "The project is designed to withstand 100-yr flood discharge and is certified to cause "no-rise" in the base flood elevation." g. The drainage at the site is adequate to reduce exposure to flood hazards. The Applicant's Representative states: "The Bozeman WRF is located outside of the special flood hazard area floodplain designated by FEMA. The project is designed to withstand 10-yr flood discharge and is certified to cause "no-rise"in the base flood elevation." h. The requirement of the facility for a water front location. The Applicant's Representative states: "Inextricable." Floodplain Administrator Comments: As described above, restoring flows to the channel that is used for outfall from the Water Reclamation Facility is critical. Similarly, the water-front location of the project is critical to restoration of flows into the irrigation ditch through the existing headgate. i. The availability of alternative locations not subject to flooding for the proposed use. The Applicant's Representative states: "See Alternatives Assessment memo provided as.Attachment C." Floodplain Administrator Comments: The memo referenced in the Applicant's response analyzed alternatives for the project as a whole. Even if another alternative had been chosen, some work would have necessary in the regulatory floodplain to reconnect the irrigation ditch to a diversion point. F2020-003 - City of Bozeman Floodplain Permit 4 j. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future. The Applicant's Representative states: "The project is designed to withstand 10-yr flood discharge and is certified to cause"no-rise" in the base flood elevation." k. The relationship of the proposed use to any adopted growth policy or other plans covering the project area. The Applicant's Representative states: "Not applicable." Floodplain Administrator Comments: The Gallatin County Growth Policy encourages development to protect life and property from flooding, and encourages compliance with the Floodplain Regulations. The subject project is not proposing new facilities in the floodplain, rather the portion of the project that is subject to County review is simply the reconstruction of an irrigation ditch that existed prior to the avulsion. The ditch reconstruction is being reviewed for compliance with the requirements of the Floodplain Regulations. 1. The safety of access to the property in times of flooding for ordinary and emergency services. The Applicant's Representative states: "Not applicable." Floodplain Administrator Comments: The project is not expected to impact the safety of access to the property in times of flooding. m. Such other factors as are in harmony with the purposes of these Regulations, the Montana Floodplain and Floodway Management Act and the National Flood Insurance Program. The Applicant's Representative states: "The project is designed in compliance with local, state and federal regulations." II. ORDER A) Based on the record, the Floodplain Administrator finds and orders as follows: The requested uses are in conformance with the provisions of the Floodplain Regulations, and since the requested use (reconstruction of an irrigation ditch as part of a larger overall project to repair an avulsion) will be able to meet the applicable construction standards and performance criteria of Sections 5.02 of the Floodplain Regulations, it is hereby ordered that the application for the City of Bozeman, is approved, subject to the conditions listed below. Said permit shall be valid for one calendar year from the date of issuance and shall become null and void if conditions are not appropriately satisfied, or if work is done beyond the size or scope authorized. 1. This approval authorizes the following activities,subject to the conditions of approval described below: a. implementation of an irrigation ditch reconstruction project that will take place as part of a larger project to repair damage from an avulsion, as described in detail in the application submitted to the Gallatin County Planning Department on 28, 2019. B) This permit is conditioned upon the following: 1. Said permit shall become null and void if conditions are not appropriately satisfied, or if work is done beyond the size or scope authorized herein. 2. This permit shall be valid until October 3, 2020. Prior to the expiration date of the permit, the applicant may submit a written request to extend the duration of the permit. F2020-003 - City of Bozeman Floodplain Permit 5 3. Development of the project shall comply with all applicable local, state, and federal rules and regulations. The applicant is responsible for obtaining all necessary permits from the appropriate regulatory agencies. 4. Development of the project shall comply with all applicable standards under Section 5.02 of the Gallatin County Floodplain Regulations, 5. During development of the project, project materials and equipment shall be stored and maintained as far away as practicable from stream bank locations. Upon completion of the project, any excess material shall be removed from the regulatory 100-year floodplain. 6. Disturbed areas shall be re-seeded and controlled for noxious weeds. 7. During development of the project, accepted best management practices for erosion control shall be implemented. Post-Project Conditions 8. Within thirty (30) days of completion of the project the applicant shall notify the Floodplain Administrator and provide an opportunity to schedule an on-site inspection. 9. Within thirty (30) days of completion of the project the applicant shall submit photographic documentation of the completed project and other relevant documentation along with certification by a professional engineer to demonstrate that the project has been accomplished in accordance with the Gallatin County Floodplain Regulations, and in accordance with the design plans submitted with the application for the permit activity. Work that may be conducted in the floodplain is limited in size and scope to the work described in the application. 10. Upon completion of the project the Applicant shall submit an application for a Letter of Map Revision (LOMR) to FEMA and work in good faith with FEMA and their contractor until completion of the LOMR review process. APPEALS OF DECISIONS MADE BY THE FLOODPLAIN ADMINISTRATOR The requirements for appeals are described in Section 4.04(C) of the Gallatin County Floodplain Regulations. Appeals of any decision made by the Floodplain Administrator may be appealed to the Gallatin County Commission, following the process described in the Floodplain Regulations. On hearing any appeal, the Gallatin County Commission shall take testimony and enter finding of facts and conclusions and shall make such findings and conclusions available to the appellant within a reasonable time. DATED THIS 3rd DAY OF October,2019. V� Sean O'Call g an, CFM Gallatin County Floodplain Administrator F2020-003 - City of Bozeman Floodplain Permit 6 f 00 73 46 WAGE DETERMINATION SCHEDULE State of Montana Prevailing Wage Rates for Heavy Construction (Comprised of 15 pages plus this cover page) HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration WAGE DETERMINATION SCHEDULE 00 73 46-1 MONTANA PREVAUNG WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2019 Effective o January 26, 2019 Steve Bullock, Governor State of Montana Galen Hollenbaugh, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The department welcomes questions, comments, and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at vww.mtwagehourbopa.com or by contacting the department at (406)444-6543. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the department at (406)444-6543. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy Construction ................................................................................................................ 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ................................................................:........................... CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ............................................................................................................................ 8 OPERATORSGROUP 4 ............................................................................................................................ 8' OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 10 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 HEATING AND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS- MECHANICAL(HEAT AND FROST) ........................................................................... 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ............................................................................................ 14 SHEETMETAL WORKERS ........................................................................................................................... 14 SOLAR PHOTVOLTAIC INSTALLERS ................................................................................................................................ 1/' TRUCKDRIVERS .................................................................................................................................................................. 1 2 A.Date of Publication January 26 2019 i B.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway),water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings)and wells." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for E Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at(406)444-6543. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." 3 G. Fringe Benefits Section 18-2-412, MCA states: "(1) To full the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c)make payments using any combination of methods set forth in subsections (1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " `Travel pay,'also referred to as `travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " Per diem'typically covers costs associated with board and lodging expenses.Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer. " L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors,subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However,if a foreman performs journey level work,the foreman must be paid at least the journey level rate. S.Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The proper classification for the following work is Pipefitter,when it is performed inside a building structure or performed at a location which will later be inside of a building:Joining steel pipe larger than 12 inches in diameter with bolted flange connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding,welding,or other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification.The proper classification for that work when it is at a location that will always be outside a building is Pipelayer,which is under the Laborer Group 3 classification. i i d li t 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $32.19 $30.61 0-120 mi. free zone >120 mi. federal mileage rate/mi. Duties Include: Construct, assemble, maintain, and repair stationary Special Provision: steam boilers, boiler house auxiliaries, process vessels, Travel is paid only at the beginning and end of the job. pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Per Diem: 0-70 mi. free zone >70-120 mi. $65.00/day >120 mi. $80.00/day ?Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $33.68 $14.89 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day j Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $30.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. ?Back to Table of Contents 6 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $22.21 $12.18 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay +$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $27.41 $13.25 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine(Small); Cement Silo;Crane,A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $28.20 $13.25 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float &Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Gravel Conveyor; Heavy Duty Drills, All Types; Hoist\Tugger,All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self- Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $28.95 $13.25 0-30 mi. free zone >30-60 mi. base pay +$3.50/hr. This group includes but is not limited to: >60 mi. base pay+ $5.50/hr. Asphalt Paving Machine; Asphalt Screed; Back hoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $29.95 $13.25 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay+ $5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $30.95 $13.25 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay + $5.50/hr. Cranes, 45 tons up to and incl. 74 tons. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $31.95 $13.25 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. This group includes but is not limited to: >60 mi. base pay+ $5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). T Back to Table of Contents g CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $32.95 $13.25 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $21.58 $9.22 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. >60 mi. base pay+ $4.85/hr. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $9.22 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. See, Section S. j Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $9.22 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.26 $9.22 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Hod Carrier'; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller& Concrete); Powderman; Rock& Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.76 $16.40 0-30 mi. free zone Diving $77.52 $16.40 >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. T Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $37.76 $16.40 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. j Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $34.08 $14.59 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day j Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $29.62 $18.00 0-50 mi. free zone >50 mi. Duties Include: U $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $70/day Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $36.67 $19.47 0-30 mi. free zone >30-40 mi. $20.00/day Duties Include: >40-50 mi. $30.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $86.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. T Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.75 $25.45 0-45 mi. free zone >45-60 mi. $40.00/day Duties Include: >60-100 mi. $65.00/day Structural steel erection; assemble prefabricated metal >100 mi. $85.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; Special Provision: handrail fabrication and ornamental steel. When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. T Back to Table of Contents LINE CONSTRUCTION — EQUIPMENT OPERATORS Wage Benefit Travel: $35.04 $14.58 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Travel: $27.35 $13.70 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION — LINEMAN Wage Benefit Travel: $45.74 $15.89 No Free Zone $60.00/day Duties Include: All work on substations j Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $33.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay +$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit Travel: $26.08 $16.17 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: No free zone. $0.60/m i. Per Diem: $80.00/day T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $30.00 $13.07 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. T Back to Table of Contents 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $35.66 $18.36 0-70 free zone >70 mi. Duties Include: ■ On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may 0 On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. See, Section S. r Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $29.62 $18.00 0-50 mi. free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- N $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $70.00/day conveyer systems, and exhaust systems. All lagging over insulation and all duct lining. r Back to Table of Contents SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit Travel: $33.58 $14.56 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day ?Back to Table of Contents 14 TRUCK DRIVERS Pilot Car Driver Zone Pay: No Rate Established All Districts 0-30 mi. free zone Wage Benefit >30-60 mi. base pay+ $3.05/hr. Truck Driver $28.88 $9.37 >60 mi. base pay + .$4.85/hr. Group 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. T Back to Table of Contents 15 SECTION 00 83 00 CHANGE PROPOSAL REQUEST HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CHANGE PROPOSAL REQUEST 003300-1 WORK CHANGE DIRECTIVE NO.: Owner: Owner's Project No.: Engineer: Engineer's Project No.: Contractor: Contractor's Project No.: Project: Contract Name: Effective Date of Work Change Date Issued: Directive: Contractor is directed to proceed promptly with the following change(s): Description: [Description of the change to the Work] Attachments: [List documents related to the change to the Work] Purpose for the Work Change Directive: [Describe the purpose for the change to the Work] Directive to proceed promptly with the Work described herein,prior to agreeing to change in Contract Price and Contract Time, is issued due to: Notes to User—Check one or both of the following ❑ Non-agreement on pricing of proposed change. ❑ Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times(non-binding,preliminary): Contract Price: $ [increase] [decrease] [not yet estimated]. Contract Time: days [increase] [decrease] [not yet estimated]. Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other Recommended by Engineer Authorized by Owner By: Title: Date: HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-940 WORK CHANGE DIRECTIVE 2018 009400-i ( CHANGE ORDER NO.: Owner: Owner's Project No.: Engineer: Engineer's Project No.: Contractor: Contractor's Project No.: Project: Contract Name: Date Issued: Effective Date of Change Order: The Contract is modified as follows upon execution of this Change Order: Description: [Description of the change] Attachments: [List documents related to the change] Change in Contract Times [State Contract Times as either a specific date Change in Contract Price or a number of days] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for final payment: [Increase] [Decrease] from previously approved [Increase] [Decrease]from previously approved Change Orders No. 1 to No. [Number of previous Change Orders No.1 to No. [Number of previous Change Order]: Change Order]: Substantial Completion: $ Ready for final payment: Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: [Increase] [Decrease]this Change Order: [Increase] [Decrease]this Change Order: Substantial Completion: $ Ready for final payment: Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: Recommended by Engineer(if required) Authorized by Owner By: Title: Date: Authorized by Owner Approved by Funding Agency(if applicable) By: Title: Date: HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-941 CHANGE ORDER 2018 009410-i HELD ORDER NO.: Owner: Owner's Project No.: Engineer: Engineer's Project No.: Contractor: Contractor's Project No.: Proj ect: Contract Name: Date Issued: Effective Date of Field Order: Contractor is hereby directed to promptly perform the Work described in this Field Order,issued in accordance with Paragraph 11.04 of the General Conditions,for minor changes in the Work without changes in Contract Price or Contract Times.If Contractor considers that a change in Contract Price or Contract Times is required,submit a Change Proposal before proceeding with this Work. Reference: Specification Section(s): Drawing(s)/Details(s): Description: [Description of the change to the Work] r Attachments: [List documents supporting change] Issued by Engineer By:. Title: Date: I I I HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-942 FIELD ORDER 2018 009420-i DIVISION 01 GENERAL REQUIREMENTS r l SECTION 01 29 73 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for the Schedule of values. B. Scope: 1. Contractor shall prepare and submit to Engineer for acceptance a Schedule of Values that allocates cost to each item of the Work,Schedule of Value list of line items shall correspond to each aspect of the Work,establishing in detail the portion of the Contract Price allocated to each component of the Work. 2. Upon request of Engineer,promptly furnish data and information that substantiates and supports the amounts indicated in the Schedule of Values. 3. Submit preliminary Schedule of Values to Engineer for initial review. Contractor shall incorporate Engineer's comments into the Schedule of Values and resubmit to Engineer. Engineer may require corrections and re-submittals until Schedule of Values is acceptable. 4. Schedule of Values may be used as a basis for negotiating price of changes,if any,in the Work. 1.2 SUBMITTALS A. Informational Submittals: Submit the following: 1. Submit to Engineer the Schedule of Values in the form and quantity required in Section 01 33 00-Submittals. 2. Content of Schedule of Values Submittals shall be in accordance with Article 1.3 of this Specifications section. 3.. Timing of Submittals: a. Submit preliminary Schedule of Values within time limit indicated in the General Conditions. c. Submittal of the Schedule of Values for acceptance by Engineer shall be in accordance with the General Conditions. Engineer will not accept Applications for Payment without an acceptable Schedule of Values. d. When required by Engineer,promptly submit updated Schedule of Values to include cost breakdowns for changes in the Contract Price. 1.3 SCHEDULE OF VALUES FORMAT AND CONTENT A. Organization and Major Elements of Schedule of Values. 1. Prepare Schedule of Values on the"progress estimate"or"continuation sheets",as applicable,of the Application for Payment. 2. Organization in Accordance with Specification Sections: a. Within each work area,organize the Schedule of Values by the various Specifications section numbers and titles included in the Contract Documents. b. Label each row in the Schedule of Values with the appropriate Specifications section number. Include an amount for each row in the Schedule of Values. c. List sub-items of major materials,equipment,or systems,as appropriate or when requested by Engineer. B. Requirements for preliminary Schedule of Values Submittal and the Schedule of Values Submittal for acceptance by Engineer are: 1. Subcontracted Work: a. Schedule of Values shall indicate division of Work between Contractor and each Subcontractor. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SCHEDULE OF VALUES 01 29 73-1 b. Line items for Work to be performed by each Subcontractor shall include the word, "(SUBCONTRACTED)"and the name of the Subcontractor once the associated subcontract is signed and effective. 2. Apportionment between Materials and Equipment,and Installation: Schedule of Values shall include separate apportionment of costs for: a. Cost of materials and equipment to be incorporated into the completed construction. b. Cost of delivery,handling,and storage of materials and equipment to be incorporated into the completed construction. c. Cost of temporary materials(such as excavation supports,scaffolding,and other temporary materials),and their associated delivery,handling,and storage costs,if any. d. Cost of rentals of construction equipment and machinery,whether owned by Contractor or Subcontractor or leased from a third-party equipment rental entity. e. Cost of installing materials and equipment. f. Travel and subsistence costs,if any. g. Other costs used in preparing the Bid by Contractor and each Subcontractor. 3. Sum of individual line item amounts indicated on the Schedule of Values shall equal the total of associated bid/payment item. Sum of bid/payment item totals in the Schedule of Values shall equal the total lump sum component of the Contract Price. 4. Overhead and Profit: a. Include in each line item a directly proportional amount of Contractor's overhead and profit in the Contract Price. b. Do not include overhead and profit as separate line item(s). 5. Allowances: Include separate line item for each allowance. 6. Bonds and Insurance Costs: a. Include line item for bonds and insurance in amount not exceeding 2.0 PCT of the Contract Price. b. When greater than the amount stipulated immediately above is proposed by Contractor in the Schedule of Values,submit to Engineer documentation substantiating the proposed amounts. Submit to Engineer such documentation when otherwise requested by Engineer. c. When Contractor has furnished bonds and evidence of insurance acceptable to Owner and in accordance with the Contract Documents,entire amount for bonds and insurance may be applied for in the first Application for Payment. 7. "Site Overhead"and Administrative Cost Elements: a. Include in the Schedule of Values relevant line items and amounts for work and services required by the General Conditions and specific Division 01 Specifications sections,such as: 1) Superintendence and supervision costs and other costs. 2) Itemized list of Work by work area,as applicable,for costs associated with coordination with the Owner's operations,including required sequencing,as set forth in the Contract Documents. 3) Construction Progress Schedule and scheduling,schedule updates,time impact analyses,and preparation of recovery schedules. 4) Construction photographic documentation. 5) Permits(when applicable). 6) Temporary utilities and temporary facilities. 7) Field offices(monthly rental and maintenance)and storage facilities(excluding costs of establishment and removal,which are part of mobilization and demobilization). 8) Site maintenance,such as temporary controls(dust,air pollution,water pollution, solid waste control,pest and rodent control,temporary erosion and sediment controls,and others),snow and ice removal,and similar activities. 9) Field engineering and surveying. 10) Record documents(preparation,maintenance,and submittal). HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SCHEDULE OF VALUES 012973-2 a) If adequate record documents are maintained,up to 50 PCT of the value of the l record documents line item will be eligible for payment,spread evenly over those progress payments in which construction at the Site is performed. b) Remainder of Project record documents line item will be eligible for payment when complete record documents are submitted in accordance with the Contract Documents. If record documents submitted are unsatisfactory to Engineer,amount may be reduced via set-offs in accordance with the Contract Documents. 11) Other items required by Engineer. b. Include such items in Applications for Payment on payment schedule acceptable to Engineer c. Such line items in the Schedule of Values shall exclude any and all costs associated with Contractor's permanent place(s)of business,personnel stationed at permanent office(s),salaries and bonuses of executive and administrative personnel not directly performing work on the Project,and general business expenses,all of which are part of Contractor's overhead costs. 8: Mobilization and Demobilization: In accordance with Section 0171 14-Mobilization and Demobilization. 9. Mobilization and Demobilization: a. Include separate line items under each appropriate lump sum bid/payment item for mobilization and demobilization. b. Document for Engineer the activities included in mobilization and demobilization line items. c. Mobilization includes: obtaining permits;negotiating,preparing,and signing subcontracts and purchase orders,attending preconstruction conference(s)and initial scheduling conference(s);establishing temporary utilities and temporary facilities; establishing field offices,storage sheds,and staging and laydown areas;establishing major temporary equipment and machinery at the Site;establishing temporary access roads and parking;preparing and initial implementation of spill prevention control and countermeasures plans;initial establishment of temporary environmental controls, including initial temporary erosion and sediment controls;and similar work required for Contractor to mobilize for Work at the Site,not included under other line items of the Schedule of Values. Obtain Engineer's concurrence for other costs included under mobilization. 10. Costs for Submittals,field quality control activities,and training of operations and maintenance personnel shall be as follows,unless otherwise accepted by Engineer: a. Submittals: Up to 8.0 PCT of cost(including all associated overhead and profit)of each equipment item,exclusive of transportation and installation costs associated therewith,may be allocated to preparation of Shop Drawings,Samples,and other Submittals required for release for purchase,fabrication,or delivery(as applicable)and may be included in the Application for Payment following Engineer's approval of Shop Drawings(and acceptance of other Submittals,as applicable)required for fabricating or purchasing for that item for the Work. b. Field Quality Control: Up to 3.0 PCT of total cost of each item(including all associated overhead and profit),including materials and equipment,and installation, may be apportioned to specified or required field quality control activities(including required testing and inspections)and included in the Application for Payment following Engineer's acceptance of the associated written field quality control report Submittal(s). PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION - (NOT USED) END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SCHEDULE OF VALUES 012973-3 SECTION 01 30 00 SPECIAL CONDITIONS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Indication of applicable regulatory requirements and related codes. b. Contractor's field office. c. Project photographic documentation. d. Adjacent properties and facilities. 1.2 QUALITY ASSURANCE A. Regulatory Requirements: 1. References in the Contract Documents to local code(s)means the following: a. Department of Fish,Wildlife and Parks,SPA 124 permit 1) See Attachment 1 for Stream Protection Act SPA 124 Permit Terms and Conditions. b. Local Floodplain Administer,Floodplain permit. 1) See Attachment 2 for City of Bozeman Floodplain Permit. 2) See attachment 3 for Gallatin County Floodplain Permit. c. U.S.Army Corps of Engineers,Section 404 permit,Section 10 permit. 1) See Attachment 4 for Section 404 Authorization Letter and Nationwide Permit# 39 for terms and conditions. d. Department of Environmental Quality,318 Authorization,401 Certification. 1) 401 Certification—See Attachment 5 for DEQ Authorization Letter and 401 Certification terms and conditions. 2) 318 Authorizations in Attachment 1 for Short Term Water Quality Standard For Turbidity Related To Construction Activity. 1.3 SUBMITTALS A. Informational Submittals: Submit the following: 1. Project Photographic Documentation: a. Preconstruction photographic documentation. b. Progress photographic documentation,submitted at the frequency indicate in this Specifications section. c. Final photographic documentation. 1.4 CONTRACTOR'S FIELD OFFICE A. Establish at the Site the Contractor's field office,in accordance with Laws and Regulations, sufficient for Contractor's needs at the Site. B. Contractor's personnel will be reasonably present at Contractor's office during working days. C. At Contractor's field office,maintain complete file of the Contract Documents,Submittals approved or accepted(as applicable)by Engineer,interpretations and clarifications issued by Engineer,copies of Contractor's daily field reports,all necessary and required safety data sheets, copies of documents comprising Contractor's safety program,record documents required by the Contract Documents,and other files of field operations deemed appropriate by Contractor and as required by the Contract Documents. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SPECIAL CONDITIONS 01 30 00-1 D. Remove field office from Site following Substantial Completion of all the Work and prior to final inspection of the completed Work. 1.5 PROJECT PHOTOGRAPHIC DOCUMENTATION A. Contractor shall furnish photographic documentation as required and as directed by Engineer or Resident Project Representative(if any). Required under this Article is"still"photographs only. B. Types of Construction Photographic Documentation Required: 1. Preconstruction photographs,sufficient to document preconstruction conditions of the site, buildings,and structures,and facilities. Obtain and submit to Engineer prior to performing any mobilization or Work at the Site. 2. Construction progress photographs. Obtain at frequency of not less than weekly. Obtain not less than 20 photographs each time the photographer is onsite for the purpose of obtaining construction progress photographic documentation. Submit to Engineer within five days of the date the associated progress photograph was taken. 3. Final photographs,all taken after completion of the Work and demobilization from the Site, and prior to submittal of Contractor's final Application for Payment. C. Construction Photography-General: 1. Photographer Qualifications: a. Prior to obtaining any required construction photographic documentation,indicate to Engineer in writing the name and qualifications of the proposed photographer. b. Use the same photographer for the entire Project. Do not replace photographer without notifying Engineer and submitting qualifications of the proposed new photographer. Engineer may reject the qualifications of a proposed photographer. 2. Obtain required photographic documentation using a digital camera of not less than 16 megapixel resolution. 3. Photographs shall be digital and submitted to Engineer. Each photograph shall be JPG, TIFF,or PNG files. Each electronic file of a photograph shall be titled with the date and brief description of the view;for example: "2019-10-25 -Blower Building South Fagade jpg". 4. All photographs shall be in color,properly lit and illuminated,and adequately framed to fully illustrate the subject of the photograph. 5. Schedule and coordinate photographer with Engineer,RPR,and OSR,as applicable. Locations at which photographs are taken and view shall be mutually agreeable to Contractor and Engineer,RPR,or OSR as applicable. 1.6 ADJACENT PROPERTIES AND FACILITIES A. Contractor shall be obtain and pay for any and all waivers or alternate arrangements necessary for transporting materials and equipment to the Site. B. Access,Traffic Control,and Parking: 1. Maintain conditions of access road to site such that access is not hindered as the result of construction related deterioration. 2. Do not permit driving across or transporting materials or equipment across areas outside the construction limits shown on the Drawings. 3. Provide traffic control devices and personnel necessary to ensure a safe interface of construction traffic with business traffic to and from adjacent sites. 4. Provide access routes for emergency vehicles at all times. 5. Provide daily sweeping of hard-surface roadways to remove soils tracked onto roadway. 6. Provide on-site parking for all staff to limit interference with adjacent properties and businesses. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SPECIAL CONDITIONS 01 3000-2 PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION -(NOT USED) END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SPECIAL CONDITIONS 013000-3 i ewomtara gFi sk WddVe 8� Var1Cs Fisheries Management, 1400 South 19th Avenue, Bozernan, MT Phone: (406) 994-3155 email: thorton@mt.gov Stream Protection Act(SPA 124) Permit Date: 9/5/19 Applicant Name: City of Bozeman, Engineering Address: City of Bozeman, Engineering PO Box 1230 Bozeman, MT Permit#: SPA 124FWPR3HQ-19-02 Waterbody: East Gallatin River Project Name: East Gallatin River Avulsion Repair Project Description: The purpose of this project is to reconstruct the avulsed river bank to its pre-avulsion condition and to redirect flow back into the pre-avulsion channel. 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) frorn the date of issuance. Timing Restrictions: No O Yes 0 if yes see below. No in-stream work between and Special Conditions: 1. The top elevation of the repaired bank should be equal or less than the adjacent bank upstream and downstream of the project areas to allow for floodplain access during high-flow events. 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: O 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 ODepartment 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, Ocompliance 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: avis Hort Signature: 2 Stream Protection Act 124 Permit General Conditions I. 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-term biodegradable erosion-control measures to protect these areas until adequate vegetation has been established. 12. Restore temporary access routes and any temporarily disturbed areas to original conditions, including original contours and vegetation. 13. Dispose of any excess material generated from the project above the ordinary high water mark and in an area not classified as a wetland. 3 �� SHORT-TERM WATER QUALITY STANDARD 4 FOR TURBIDITY RELATED TO �j Montana I.)epartment of CONSTRUCTION ACTIVITY jj (318 Authorization) NVIRONMENTAL QUALITY Dear Applicant: This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a 124 pert-nit fi•om Montana Fish, Wildlife and Parks. This authorization is valid for the time frame noted on your permit. This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or 124 permit as well as any other permits that apply to this proposed construction activity. This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality (DEQ), and Montana Fish, Wildlife and Parks(FWP). The applicant agrees to the comply with the conditions stated below,as well as other conditions listed in the 310 or 124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization. l. Construction activity in or near the watercourse are to be limited to the minimum area necessary, and conducted so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect aquatic life outside the immediate area of operation. 2. Tile use of machinery in the watercourse shall be avoided unless absolutely necessary. 3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion control measures during construction. These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. 4. Any excess material generated from this project must be disposed of above the ordinary high water mark, in an area not classified as a wetland, and in a position not to cause pollution of State waters. 5. Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project. 6. This authorization does not authorize a point source surface water discharge. MPDES permit is required for said discharge. 7. Open cut creek crossings will not be allowed in flowing water. Stream water must be diverted around the open cut area(pump, flume etc.) 8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act (310 permit),the Stream Protection Act(124 permit) the Federal Clean Water Act(404 Permit), any MPDES permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement and Authorization (MAA) negotiated for this activity. The FWPJrepresqive has determined that this project is within the scope of the programmatic Environmental Assess► eby DEQ and FWP for the issuance of narrative turbidity standards. Date: Date: `- Pesentative's Signature Applicant's Signature Name and location of project: East Gallatin River Avulsion repair DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 1 5TH STREET,SUITE 2200 HELENANA,MONTANA 59626 REPLY TO ATTENTION OF September 11, 2019 Regulatory Branch Montana State Program Corps No. NWO-2001-90563 Subject: City of Bozeman — Channel avulsion Repair— East Gallatin River City of Bozeman ATTN: Brian Heaston P.O. Box 1230 BOZEMAN, Montana 59771 Dear Mr. Heaston: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located at Latitude 45.724809°, Longitude - 111.067068°, on the East Gallatin River, within Section 26, Township 1 S, Range 5 E, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: Work Description Item Approximately 490 cubic yards (yd3) of rock, 890 yd3 of 2-inch minus gravel and 130 yd3 of top soil with a vegetative component will be used to a. reconstruct 82 linear feet of bank at the beginning of the channel avulsion. The bank will be reconstructed to match pre-existing contours prior to the channel avulsing. A second channel plug will be constructed immediately downstream in the b. avulsed channel using approximately 100 yd3 of rock, 110 yd3 of 2-inch minus gravel and 50 yd3 of topsoil with a vegetative component. Approximately 25 cubic yards of accumulated sediment immediately C. downstream of the bank reconstruction will be removed and placed in an upland location. The work will be completed as detailed in the drawings entitled "EAST d. GALLATIN RIVER STREAM AVULSION RESTORATION", dated August 2019. Printed an®Recycled Paper -2- Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S. include the area below the ordinary high water mark of stream channels and lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made channels, may be waters of the Based on the information you provided, the proposed activity, permanently affecting approximately 82 linear feet of the East Gallatin River, is authorized by NWP 39, Commercial and Institutional Developments, found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. The Montana Department of Environmental Quality has provided the enclosed CWA Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency. This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP. Printed on 0 Recycled Paper -3- The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. Please refer to identification number NWO-2001-90563 in any correspondence concerning this project. If you have any questions, please contact Timothy McNew at Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626, by email at Timothy.M.McNew@usace.army.mil, or telephone at (406) 441-1375. Sincerely, Timothy M. McNew Regulatory Project Manager Enclosures: Compliance Certification NWP 39 Fact Sheet with Regional Conditions Montana DEQ CWA Section 401 Water Quality Certification Printed on®Recycled Paper -4- COMPLIANCE CERTIFICATION Corps File Number: NWO-2001-90563 Permit Type: NWP 39, Commercial and Institutional Developments Name of Permittee: City of Bozeman County: Gallatin County, Montana Date of Issuance: September 11, 2019 Corps Project Manager: Timothy McNew Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps of Engineers Omaha District Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. - - - - - - - - - - - - - - - - - - - - - - - - - - - I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Printed on®Recycled Paper Effective 19 March 2017 Nationwide Permit 39 Commercial and Institutional Developments Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, wastewater treatment facilities, and recreation facilities such as playgrounds and playing fields. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. The construction of new golf courses and new ski areas is not authorized by this NWP. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. The discharge must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed 12-acre. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404) Note: For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the PCN and NWP verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities. Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one Effective 19 March 2017 or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation.of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. Effective 19 March 2017 No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. Effective 19 March 2017 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Proiect. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Effective 19 March 2017 Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre- construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non- Effective 19 March 2017 Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre- construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. Effective 19 March 2017 (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the.historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the Effective 19 March 2017 district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed Effective 19 March 2017 in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1AO-acre and require pre- construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by- case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be Effective 19 March 2017 the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2- acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than W- 'acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. Effective 19 March 2017 (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee- responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401 , individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. Effective 19 March 2017 The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or Effective 19 March 2017 in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the. permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Effective 19 March 2017 Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; Effective 19 March 2017 (6) If the proposed activity will result in the loss of greater than 1AO-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act. (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) All NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the Effective 19 March 2017 United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. 5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). Effective 19 March 2017 Effective 19 March 2017 2017 NATIONWIDE PERMITS REGIONAL CONDITIONS OMAHA DISTRICT STATE OF MONTANA 1. PCN Requirement. For all NWPs, permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for regulated activities, located within or comprised of the following: a. Wetlands Classified as Peatlands. Peatlands are seasonally waterlogged areas with a surface accumulation of peat (organic matter) 30 centimeters (12 inches) or more thick. Any peat-covered areas, including fens, bogs, and muskegs, are all peatlands. i. PCN required for NWP 3, 5, 6, 20, 27, 32, and 38. ii. All NWPs not listed above are revoked for use in peatlands. b. Waters Adjacent to Natural Springs. Any projects located within 100 feet of the water source in natural spring areas. A spring is defined as any location where there is groundwater flow emanating from a distinct point. Springs do not include seeps or other groundwater discharge areas where there is no distinct point source. c. Bank Stabilization Activities. Any project that involves bank stabilization greater than 300 linear feet or includes features that extend out from the existing bank line greater than 25% of the bankfull channel width. d. Channel Straightening and Relocation Activities. Any project that involves straightening, relocating and/or shortening an existing perennial stream channel. e. Tribal Reservations and Tribal Trust Lands. Any projects within the boundaries of any Tribal Reservation or Tribal trust lands. f. Specific Waterways Requiring PCN. Any projects within the following waterways and their impoundments: -Bitterroot River -Flathead Lake -Clark Fork River (tributary to the -Milk River Columbia River) -Missouri River -Flathead River -Yellowstone River 2. Bank and Shoreline Stabilization Activities. The following additional requirements apply to all bank and shoreline stabilization: a. The revetment must conform to the existing bankline; must not extend above the top of the bank (i.e. no new levees); and the slopes must be flatter than the angle of repose for the selected revetment material (i.e. rock riprap normally needs to be placed on a slope flatter than 1.5 Horizontal to 1 Vertical Effective 19 March 2017 (1.5H:1 V). b. The revetment must not wholly or partially block flows from entering a side channel or an overflow channel. 3. Counter-Sinking Riprap Associated with Culvert Installation. When riprap inlet and outlet protection is used below the OHWM (OHWM), it must be placed to match the adjacent culvert bottom elevations. Where culvert bottom elevations are lower than the stream bed elevation, the riprap must match the culvert elevation. 4. Placement and Removal of Temporary Fills. Temporary fills in wetlands must be placed on a horizontal marker layer, such as fabric or certified weed-free straw, to delineate the pre-project ground elevation and facilitate complete fill removal and site restoration. 5. Erosion and Sediment Control Blanket. All erosion control blanket or fabric used in or adjacent to waters of the U.S. must be comprised of degradable material to ensure decomposition. Do not use material that includes stabilized netting or stabilized open mesh, as these products take a long time to degrade and they can trap small animals, birds, amphibians and fish. This prohibition also applies to mesh materials used for wattles, rolled materials, and bank wraps. Erosion control blanket or fabrics that break down within 24 months are acceptable. Non-degradable blankets or fabric may be allowed on a case-specific basis if it will be buried beneath riprap or structures and it is not likely to be exposed. Non-degradable blanket or fabric that becomes exposed within waters of the U.S. must be removed. 6. Suitable Material. NWP General Condition No. 6 prohibits the use of unsuitable material. Specific criteria can be found in the Omaha District's "Generic Prohibitions Regarding the Use of Certain Materials as Fill in Waters of the United States" and MT Department of Environmental Quality's (DEQ) "Specifications for use of Concrete Riprap for Streambank Stabilization," which apply to proposed work in jurisdictional waters. REGIONAL CONDITIONS APPLICABLE TO SPECIFIC NATIONWIDE PERMITS 7. NWP-3 — Maintenance and NWP-45 — Repair of Uplands Damaged by Discrete Events. The definition of"discrete event," as used in these permits, includes, but is not limited to, unexpected natural and human-caused events such as fires, storms, landslides, avalanches, earthquakes, accidents, debris or ice jams, and floods. For the purpose of the NWPs, discrete event floods are stream flow events that overflow the OHWM. 8. NWP-7 — Outfall Structures and Associated Intake Structures and NWP-12 — Utility Line Activities. Inlet screens for intakes in the Yellowstone River or the Missouri River in Blaine, Chouteau, Custer, Dawson, Fergus, Garfield, McCone, Effective 19 March 2017 Petroleum, Phillips, Prairie, Richland, Roosevelt, Valley and Wibaux Counties must be installed on all pump intakes with a screen mesh opening size no larger than 0.25 inch. Water intake velocities must not exceed 0.5 foot per second through the mesh. Intakes must be located in the deepest water available and be elevated off the bottom of the river bed. REGIONAL CONDITIONS APPLICABLE ONLY TO THE SPECIAL RIVER MANAGEMENT ZONE OF THE UPPER YELLOWSTONE RIVER Special River Management Zone (SRMZ) of the Upper Yellowstone River is defined within the Special Area Management Plan (SAMP) as the 48-mile reach of the upper Yellowstone River (River Miles 531 .8 to 483.6) from upstream of Emigrant River downstream to a few miles below the Shields River and Mission Creek confluences (0.7 miles downstream from the bridge at the community of Springdale). It includes secondary channels, side channels, and the main (primary) channels, and adjacent wetlands within the channel migration zone (CMZ) or, in absence of a CMZ, within areas flooded by the 100-year discharge. The SMRZ is located entirely within Park County. In addition to Regional Conditions 1 through 8, the following Regional Conditions 9 through 24 apply within the SRMZ described above: 9. SRMZ— Notification — All NWPs. Permittees must notify the Corps in accordance with General Condition No. 32 (PCN) for any regulated activity in waters of the U.S. within the SRMZ. This includes all activities within the Yellowstone River, the portions of tributaries within the SRMZ, and wetlands within the SRMZ. 10.SRMZ — Emergency Work. Activities requiring a Department of the Army (DA) Permit that is necessary to prevent imminent loss of life or property is allowed within the SRMZ. Contact the Corps as soon as reasonably possible by telephone at 406-441-1375 and/or by Fax at 406-441-1380. Contact may also be made in person or by sending an e-mail to: CENWO.ODRMT@usace.army.mil. All such work will be fully reviewed under the SAMP provisions. 11.SRMZ - NWPs Revoked for Use. The following NWPs have been revoked for all waters and activities within the 48-mile SRMZ: NWP 17 - Hydropower Projects NWP 21 - Surface Coal Mining Activities NWP 29 - Residential Developments NWP 39 - Commercial and Institutional Developments NWP 42 - Recreational Facilities NWP 43 - Stormwater Management Facilities NWP 44 - Mining Activities NWP 45 - Repair of Uplands Damaged by Discrete Events NWP 49 - Coal Remining Activities Effective 19 March 2017 NWP 50 - Underground Coal Mining Activities 12.SRMZ — Activities Requiring Individual Permit Review. The following project activities are not authorized under a NWP in the SRMZ. These projects typically have more than minimal adverse impacts and must be reviewed under standard (individual) permit procedures. a. New dams, new diversions, and/or new impoundments for any purpose; b. Construction of ponds and new artificial stream channels, unless they are necessary and appropriate elements of a stream or wetland restoration project; c. Hydraulic dredging and mining and mechanical excavation to obtain aggregate, fill material, or minerals, including gold. Processing of material for the purpose of obtaining select minerals or a specific gradation of material, where only a portion of the sediment or alluvium is removed and the remainder returned to the SRMZ, is not allowed under a NWP in the SRMZ. 13.SRMZ - Bank Stabilization Activities - All NWPs. For bank stabilization activities associated with any NWP, including maintenance of bank stabilization, the following Regional Conditions apply: For bank revetments such as riprap, root wads, bioengineered revetments, or combination revetments, a. through e. apply: a. Revetments must conform to the existing eroded or eroding bankline, unless such work is determined by the Corps to be biologically or geomorphically beneficial for the upper Yellowstone River. b. Revetment slopes must be flatter than the angle of repose for the selected revetment material. For example, rock riprap normally needs to be placed on a slope flatter than 1.5H:1 V. c. Revetments are only permittable under NWPs if they are parallel to and near the lateral boundaries of the SRMZ. d. Revetments must not extend above the elevation of the adjacent natural bank height (i.e., no new levees). e. Revetments must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. For bank stabilization structures that project into the stream, such as weirs, barbs, vanes, or hard points, f. through k. apply: f. Bank stabilization structures must not wholly or partially block flows from entering a side channel, secondary channel, or an overflow channel, unless such work is determined by the Corps to be necessary for maintaining or restoring the geomorphic integrity of the upper Yellowstone River. Effective 19 March 2017 g. Bank stabilization structures are only permittable under NWPs if they result in an effective bankline that is approximately parallel to and near the lateral boundaries of the CMZ. h. Bank stabilization structures must be keyed into the bank far enough to prevent flanking. i. Bank stabilization structures cannot occupy more than 10% of the bankfull channel area. Bankfull channel area pertains to the specific primary or secondary channel in question, and is not the aggregate channel area of all primary and secondary channels in multi-channel reaches. j. Bank stabilization structures must not present hazardous obstructions to boating, floating, or other river uses. k. Bank stabilization structures that are low in elevation, project only a short distance out from the bank, and angle upstream are more likely to qualify for NWPs because they typically result in less adverse impact on aquatic resources than structures that are tall, long, and point downstream. 14.SRMZ— Temporary Bank Stabilization — All NWPs. Temporary bank stabilization is prohibited during seasonal high flows. 15.SRMZ — Sediment Management— All NWPs. Sediment removal is allowable only to maintain function of existing facilities and structures, or as necessary to maintain or restore the geomorphic integrity of the upper Yellowstone River. Diversion or removal of sediment or alluvium from the river channel and adjacent wetlands for other purposes is not allowed in the SRMZ under any NWP. 16.SRMZ — Temporary Vegetation Impacts —All NWPs. Limit clearing of riparian or wetland vegetation to the absolute minimum necessary. Where temporary riparian or wetland vegetation impacts are unavoidable, mow or cut off the vegetation above the ground, leaving the topsoil and root mass intact. Restore temporarily disturbed areas to original contours and use seeding and planting as necessary to re-establish desirable vegetative cover, utilizing native species in areas where native species were impacted. 17.SRMZ— NWP-11 —Temporary Recreational Structures. Temporary recreational structures can be installed no earlier than seven (7) calendar days in advance of an event and must be removed no later than seven (7) calendar days after the event concludes. 18.SRMZ — NWP-12 — Utility Line Activities. Trench excavation and backfill for utility lines is prohibited within the OHWM of main and secondary flow channels and in adjacent wetlands. 19.SRMZ — NWP-13 — Bank Stabilization. Construction of temporary or permanent levees is prohibited. Only bank stabilization that is parallel to and adjacent to the valley wall and/or SRMZ boundary is allowed. All other bank stabilization must be reviewed under standard (individual) permit procedures. Bank stabilization along Effective 19 March 2017 existing roads, ditches, fills, and structures already located along the valley wall is allowed under this Permit. 20.SRMZ— NWP-14 — Linear Transportation Protects. The construction of new transportation facilities in waters of the U.S. is prohibited under this NWP and must be reviewed under standard (individual) permit procedures. The expansion, modification, improvement, replacement, reconstruction, and upgrading of existing transportation facilities are allowed under this NWP within the SRMZ. 21.SRMZ — NWP- 27 —Aquatic Habitat Restoration, Establishment, and Enhancement Activities. The construction of water control structures, dikes, berms, current deflectors, bank stabilization, and ponds is prohibited within the CMZ of the upper Yellowstone River unless it is demonstrated the proposed features contribute to the restoration or rehabilitation of previously lost or impaired functions of the upper Yellowstone River and adjacent aquatic areas. 22.SRMZ — NWP-30 — Moist Soil Management for Wildlife. Fire breaks within the CMZ of the upper Yellowstone River must be reclaimed and restored within six (6) months after the fire event ends. 23.SRMZ— NWP-33 —Temporary Construction, Access, and Dewatering. Construction of temporary levees and other structures or fills in waters of the U.S. that prevent or reduce overbank flow is prohibited. 24.SRMZ— NWP 40 — Agricultural Activities. Only those activities associated with the reduction of existing adverse impacts on the upper Yellowstone River may be authorized by this NWP. Examples of potentially allowable projects include work associated with livestock management; moving livestock watering areas off the river or out of the CMZ; removal of irrigation systems from the CMZ; and the removal or conversion of irrigation systems from flood irrigation to sprinkler irrigation. E Montana Dartment QAW.._ �w ep of Environmental Quality March 6,2017 Robert Cole Corps of Engineers, Helena Regulatory Office 10 West 15`I'Street, Suite 2200 Helena,Montana 59626 Re: Montana Department of Environmental Quality 401 Water Quality Certification(COE-2015-0017 RIN 0710-AA73-2017 Nationwide Permit Reissuance-Federal Register Vol. 82 No.4) Dear Mr. Cole: The attachment to this letter(Parts A-E)constitutes the Montana Department of Environmental Quality's position on the subject Nationwide Permits. It should not result in an undue burden to either of our agencies, while still providing adequate water quality protection. Also, please find enclosed the Montana Department of Environmental Quality's December 5, 2000, guidelines for materials for stream bank stabilization as referenced in the attached certification. We look forward to continuing the close cooperation and coordination between our two agencies. Please do not hesitate to contact myself(444-0240 JKenning@mt.gov)or Jason Garber(444-2734 JGarber2@mt.gov) if you have any questions. /inc Water Protection Bureau Cc: Tony Ott-EPA w/Attachments Steve Bullock,Governor I Tom Livers,Director I P.O.Box 200901 1 Helena,MT 59620-0901 1 (406)444-2544 1 www.deq.mt.gov Water Quality Certification in Accordance With Section 401 of the Clean Water Act for the 2017 Nationwide Permits in Montana A. Certification DEQ is granting Section 401 Water Quality Certification(certification) for Nationwide Permits 1, 2,4-11, 15-22,24-27,28-36,38-44 and 46-50. B.Special Conditions for Specific Nationwide Permits 1)DEQ is granting certification for Nationwide Permits 43,#14,and#23 with the following additional condition: DEQ Water Protection Bureau—Discharge Permitting Program must be notified by the permittee within 48 hours of commencement of the regulated activity.Notification must be sent to DEQWPBPublicComments@i-nt.gov.Notification shall include at minimum(a)the permittee name,(b)the project name,.(c)the Nationwide Permit used for the project,(d)the Township,Range.and Section,and(e) the project or regulated activity location in decimal latitude and longitude to the millionth degree(six significant figures to the right of the decimal point). 2)DEQ is granting certification of Nationwide Permit#12(utility line activities)for projects where a static or vibratory plow is used and for projects where Horizontal Directional Drilling technology is implemented and no permanent impacts to State waters will occur. For all other projects that qualify under this Nationwide Permit,DEQ denies certification. 3)DEQ is granting certification of Nationwide Permit#13 (bank stabilization),Nationwide Permit#37 (emergency watershed protection and rehabilitation),and Nationwide Permit#45 (repair of uplands damaged by discrete events)for all projects equal to or less than 300 linear feet. C.Waiver Nationwide Permit 54(living shorelines) is waived as this Nationwide Permit only applies to coastal shorelines and the Great Lakes. D.Denial Nationwide Permit#51 (land based renewable energy generation facilities), and Nationwide Permit#52 (water based energy renewable energy generation facilities). Nationwide#53 (removal of low head dams) is denied for the five year cycle so that DEQ can determine if the application of this new Nationwide Permit has detrimental effects on water quality. E. General Conditions for Nationwide Permits The following general conditions apply to all certified Nationwide Permits as provided in A and B above. 1)This certification does not authorize the placement or construction of septic/leach systems or other sewage treatment facilities in wetlands. 2)This certification does not authorize construction of dams,except for aquatic restoration projects and temporary dams associated with construction activity. 3)This certification requires that materials used in stream bank or shore stabilization projects adhere to the Montana Department of Environmental Quality's December 5,2000 guidelines for materials for stream bagk stabilization. Tires may not be used to stabilize any banks in state waters. 4)This certification requires that all equipment be inspected for oil, gas,diesel,anti-freeze, hydraulic fluid and other petroleum leaks. Equipment cannot continue operating in or near the water if a leak is discovered.All such leaks will be properly repaired prior to equipment being allowed on the project site. Leaks that occur after the equipment is moved to the project site will be fixed that same day or the next day or be removed from the project area.If equipment is to be operated in or near water,a spill containment kit shall be available at the project site and DEQ shall be notified of spills. 5)This certification requires that all permittees shall,to the maximum extent practicable, incorporate and construct design features that eliminate bridge deck run-off containing sediment, salt,or other pollutants from discharging directly into state water.To the extent practicable,bridge deck run-off,should be directed to a detention basin of unspecified size prior to continuing into state waters. 6)This certification requires that riprap projects,to the extent practicable,avoid the use of geotextile fabric as riprap bedding material.To the extent practicable,riprap voids shall incorporate approximately 30-50% fines/soil and dormant plant material and/or root-stock. F. Reopener Clause DEQ reserves the right to add or alter terms and conditions as appropriate to carry out its responsibilities with respect to water quality throughout the five year Nationwide Permit Cycle. Policy on Streambank Stabilization This policy outlines the guidelines for approved materials to be used for streambank stabilization in Montana. This policy and a draft Environment Assessment were provided to the public for comment via public notice MT-00-10 issued September 18,2000. Comments were accepted until October 17,2000.The draft Environmental Assessment is adopted as the final Environmental Assessment with the Responses to Comments incorporated. Signed into policy 12/05/00 by Bonnie Lovelace, Chief, Water Protection Bureau and 12/06/00 by Jan Sensibaugh, Administrator, Permitting&Compliance Division. GUIDELINES FOR MATERIALS FOR STREAMBANK STABILIZATION The following guidelines represent the efforts of a work group composed of Conservation District representatives, natural resource consultants, environmental interests, and state and federal regulatory agencies. They are suggested by the Montana Department of Environmental Quality and not necessarily endorsed by all the work group members. These guidelines are only for use in areas where the use of high- density, angular rock is not practicable. (The term "practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes [40 CFR 230.3(q)]). Sandstone or broken concrete may be acceptable alternatives to high-density, angular rock in certain situations, although local regulation may prohibit their use. The use of any river training device/structure may directly or cumulatively alter the ecology of Montana rivers and streams. Cumulative impact considerations may preclude the use of any river training device. Bank stabilization projects are sometimes authorized underthe followingjurisdictions:Local Conservation District-Natural Streambed&Land Conservation Act(31 O);Montana Department of Fish Wildlife and Parks—Stream Protection Act(SPA 124);County Floodplain Administrator-Floodplain Permit;U.S.Army Corps of Engineers—Section 404/10 Permit;Montana Department of Environmental Quality-75-5-318, MCA Authorization; Montana Department of Natural Resources and Conservation - Navigable Rivers Land Use License/Easement. The following optional design concepts should be considered in conjunction with the guidelines to minimize environmental/aesthetic concerns: • Utilize rock only in the lower* portion or toe of the riprap with woody structures/features, biodegradable fabric, etc. in the upper* portions. *The elevation at which the mean annual flow occurs is the division between "upper"and"lower." Incorporate soil in the upper portions of the project with appropriate woody (usually willow) plantings as near average water elevations as possible and herbaceous plantings elsewhere. • Provide a temporary or permanent buffer strip(streamside area where protection promotes growth and sustenance of woody vegetation) along the project length to provide for vegetation stability where grazing or recreational use may impact plant growth. • Preferably, plantings should be on slopes of 3:1 or flatter and irrigated, if possible. (Note: Numerous documents with more detailed information are available. Contact the Natural Resource Conservation Service or the Department of Natural Resources and Conservation for their "Stream Project Manual.") COMPLIANCE CERTIFICATION Project: (Please attach copy of the completed "Joint Application for Proposed Work in Montana's Streams, Wetlands, Floodplains, and Other Water Bodies.') Upon completion of project activity, sign this certificate and return it to the following address: Montana Department of Environmental Quality Permitting &Compliance Division/Water Protection Bureau Box 200901 Helena, MT 59620-0901 Please answer the following questions: 1. What is the source of the concrete rubble? 2. What is the type of concrete rubble (curb/gutter, foundation, etc.)? 3. What was the cost of the rubble? (The recipient of the rubble cannot be compensated for accepting the rubble without a landfill license.) I hereby certify that the project work performed is in compliance with all applicable permits and in compliance with the "Guidelines for Materials for Streambank Stabilization." Signature of Project Owner Date I hereby certify that I provided the concrete rubble used in the project and that I did not compensate the owner for accepting the rubble. Signature of Concrete Rubble Provider Date i SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE (SMALL) PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Specific requirements for the preparation,submittal,updating,and status reporting of the construction Progress Schedule. B. Related Specification Sections include,but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. C. Review of the CPM Schedule: 1. In so far as the Contractor is solely responsible for its means and methods and the CPM schedule represents in part its means and methods,the review of the CPM schedules (preliminary,baseline,updates,revisions,etc.)is for compliance with the requirements as defined in the'contract documents. 2. The Engineer/Owner will provide comments on the CPM schedule compliance with those contract requirements and anomalies that might appear to the Engineer/Owner. 3. If the Contractor fails to include contract requirements(e.g.specified cure times, commissioning periods)in the CPM schedule,or the Engineer/Owner fails to notify the Contractor of anomalies the Contractor is not relieved of the contract requirements. 4. Acceptance of the CPM schedule does not imply that the Owner has approved or accepted the Contractor's means and methods or sequence for performing the work to construct the project. 5. If the Contractor has questions or concerns about comments,the Contractor and Engineer/Owner shall meet to resolve those issues prior to issuance of future updates or revisions. 1.2 DEFINITIONS A. The following definitions shall apply to this Specification Section: i. Execution of The Contract: The date the contract is signed by the last party,either the Owner or the Contractor. 2. Baseline Schedule: The initial detailed Progress Schedule prepared by the Contractor defining its plan for constructing the Project in accordance with the Contract Documents. 3. Schedule Update: The initially accepted Baseline Schedule,or subsequently approved Revised Baseline Schedules,updated biweekly to reflect actual start and finish dates of each schedule activity and the remaining duration of activities that began during the period. 4. Current Schedule: The current schedule is either the Baseline Schedule or Revised Baseline Schedule including and incorporating Schedule Updates. 5. Revised Baseline Schedule: The initially accepted Baseline Schedule revised to reflect approved contract change orders and modifications. 6. Recovery Schedule: a. A schedule indicating the Contractor's plan for recovering lost time. b. A recovery schedule will be requested when the Contractor is forecasting at least 5 working days or more delays in meeting a contract milestone or the contract completion date. 7. Short Interval Schedule: a. Schedule prepared by the Contractor reflecting the work planned for the coming weeks. b. This is also known as a Look-Ahead Schedule. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CONSTRUCTION PROGRESS SCHEDULE(SMALL) 013216-1 1.3 SUBMITTALS A. Schedule: 1. Submittal and review: a. Submit within 5 days after Execution of the Contract or the effective date of the contract,whichever is earlier. b. The Engineer/Owner will review and provide comments to the Contractor within 5 working days after receipt of the schedule. c. The Contractor will review and modify the preliminary schedule and return the schedule within 5 working days. If there are concerns about the comments provided, the Engineer/Owner and Contractor will meet to review and resolve those concerns. 2. Submittal package: a. Provide a detailed plan for the first 60 days of the project and summary activities of the work to achieve the project milestones. b. CPM time-scaled network diagram: 1) A printed logic diagram and PDF that include the following information: a) Unique activity number/identifier;numeric,alpha or combination of numeric/alpha. b) Activity description. c) Activity duration. d) Early start and early finish for each activity. e) Late start and late finish for each activity. f) Total float(TF)for each activity. g) Predecessor activities. h) Successor activities. i) Bar showing the early start and completion dates of each activity. 2) The activities will be sorted by area,trades,and subcontractors as agreed on with the Engineer/Owner. 3) Print the CPM time-scaled network diagram on minimum sheet size of 11 IN x 17 IN. B. Recovery Schedule: 1. When the activities on the critical path or the completion milestones appear to be 5 working days beyond the contract time,the Engineer/Owner may request and provide a Recovery Schedule demonstrating how the Contractor will recover the lost time so that the Work will be completed within the Contract Time. 2. Provide the Recovery schedule within 5 working days after requested by the Engineer/Owner. 3. Activities will be added or the durations modified to reflect the changes to the work. C. Short Interval Schedule: 1. Provide a one-week schedule each week during the Contract Time. This schedule can be reviewed at each progress meeting. a. Provide an accurate representation of the work performed the previous week and work planned for the current week. 2. Identify inspection hold points including special inspections needed before the Contractor can move forward with the work. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION -(NOT USED) END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration CONSTRUCTION PROGRESS SCHEDULE(SNIALL) 01 32 16-2 SECTION 01 33 00 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mechanics and administration of the submittal process for: a. Shop Drawings. b. Samples. c. Informational submittals. 2. General content requirements for Shop Drawings. B. Related Specification Sections include but are not necessarily limited to: I. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 3. Construction Progress Schedule submittal requirements are specified in Specification Section 01 32 16. 4. Technical Specification Sections identifying required submittals. 1.2 DEFINITIONS A. Action Submittals: 1. Action Submittals require an explicit,written approval or other appropriate action by Engineer before Contractor may release the associated item(s)for raw materials procurement,fabrication,production,and shipment. 2. Unless otherwise indicated in the Contract Documents,Action Submittals include the following: a. Shop Drawings. b. Product data. c. Samples. d. Testing plans for quality control activities required by the Contract Documents. e. Delegated Designs:Design drawings,design specifications,calculations,reports,and other instruments of service sealed and signed by design professional retained by Contractor,Subcontractor,or Supplier for a portion of the completed Work as part of the completed Project. Engineer's approval or other appropriate action on such delegated design Submittals will be only for the limited purposes set forth in the General Conditions. B. Informational Submittals: 1. Informational Submittals are Submittals,other than Action Submittals,required by the Contract Documents. Explicit response from Engineer is not required when such Submittal is acceptable and Engineer's acceptance thereof will be indicated in the Engineer's Submittals log. When Informational Submittal does not indicate full compliance with the Contract Documents,Engineer will indicate the non-compliance in a written response to Contractor. 2. Representative types of informational submittal items include but are not limited to: a. Installed equipment and systems performance test reports. b. Manufacturer's installation certification letters. c. Warranties. d. Service agreements. e. Construction photographs. £ Survey data. g. Work plans. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 01 33 00-1 h. Shop Drawings,product data, Samples,and testing plans,submitted as a requirement of for delegated designs,bearing the Submittal approval stamp of associated design professional retained by Contractor,Subcontractor,or Supplier. 3. For-Information-Only submittals upon which the Engineer is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 1.3 SUBMITTAL SCHEDULE A. Schedule of Shop Drawings: 1. Submitted and approved within 10 days of receipt of Notice to Proceed. 2. 'Account for multiple transmittals under any specification section where partial submittals will be transmitted. B. Shop Drawings: Submittal and approval prior to 20 PCT completion of project. C. Informational Submittals: 1. Reports and installation certifications submitted within seven days of conducting testing, installation,or examination. 2. Submittals showing compliance with required qualifications submitted 5 days prior to any work beginning using the subject qualifications. D. The submittal schedule shall include the following columns as a minimum: Submittal Submittal Description Planned Submittal Actual Actual Disposition Section Submittal Need Date Submittal Return Date Date Date 1.4 PREPARATION OF SUBMITTALS A. General: 1. All submittals and all pages of all copies of a submittal shall be completely legible. 2. Submittals which,in the Engineer's sole opinion,are illegible will be returned without review. 3. Minimize extraneous information for equipment and products not relevant to the submittal. 4. Contractors or vendors written comments on the submittal drawings shall be in green B. Shop Drawings,Product Data,and Samples: 1. Numbering letter of transmittal: a. Include as prefix the Specification Section number followed by a series number, "-xx", beginning with"01"and increasing sequentially with each additional transmittal for that Specification Section. 2. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receiving an independent review action. b. Identify for each item: 1) Manufacturer and Manufacturer's Drawing or data number. 2) Unique page numbers for each page of each separate item. c. When submitting"or-equal" items that are not the products of named manufacturers, include the words "or-equal" in the item description. 3. Contractor certification of review and approval: a. Contractor's review and approval certification stamp shall be applied either to the letter of transmittal or a separate sheet preceding each independent item in the submittal. 1) Stamp may be either a wet ink stamp or electronically embedded. 2) Clearly identify the person who reviewed the submittal and the date it was reviewed. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-2 3) Shop Drawing submittal stamp shall read"(Contractor's Name)has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval as stipulated in the General Conditions." 4. Resubmittals: a. Number with original Specification Section and series number with a suffix letter starting with"A"on a(new)duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Provide cover letter indicating how each"B","C",or"D"Action from previous submittal was addressed and where the correction is found in the resubmittal. d. Account for all components of prior transmittal. 1) If items in prior transmittal received "A"or"B"Action code,list them and indicate "A"or"B"as appropriate. a) Do not include submittal information for items listed with prior"A"or"B" Action in resubmittal. 2) Indicate "Outstanding-To Be Resubmitted At a Later Date"for any prior"C"or "D"Action item not included in resubmittal. a) Obtain Engineer's approval to exclude items. 5. Do not use red color for marks on transmittals. a. Duplicate all marks on all copies transmitted,and ensure marks are photocopy reproducible. b. Engineer will use red marks or enclose marks in a cloud. 6. Transmittal contents: a. Coordinate and identify Shop Drawing contents so that all items can be easily verified by the Engineer. b. Provide submittal information or marks defining specific equipment or materials utilized on the Project. 1) Generalized product information,not clearly defining specific equipment or, materials to be provided,will be rejected. c. Identify equipment or material project use,Drawing detail reference,weight,and other Project specific information. d. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Contract Documents. e. Do not modify the manufacturer's documentation or data except as specified herein. f. Submit items such as equipment brochures,cuts of fixtures,product data sheets or catalog sheets not exceeding 1 I x 17 IN pages. 1) Indicate exact item or model and all options proposed by arrow and leader. g. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way,clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. Any deviation from plans or specifications not depicted in the submittal or included but not clearly noted by the Contractor may not have been reviewed. Review by the Engineer shall not serve to relieve the Contractor of the contractual responsibility for any error or deviation from contract requirements. 7. Samples: a. Identification: 1) Identify sample as to transmittal number,manufacturer,item,use,type,project designation,tag number,Specification Section or Drawing detail reference,color, range,texture.,finish and other pertinent data. 2) If identifying information cannot be marked directly on sample without defacing or adversely altering samples,provide a durable tag with identifying information securely attached to the sample. b. Include application specific brochures;and installation instructions. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-3 c. Provide Contractor's review and approval certification stamp or Contractor's Submittal Certification form as indication of Contractor's checking and verification of dimensions and coordination with interrelated work. d. Resubmit revised samples of rejected items. C. Informational Submittals: 1. Prepare in the format and detail specified in Specification requiring the informational submittal. 1.5 TRANSMITTAL OF SUBMITTALS A. Electronic Transmission of Submittals: 1. Transmittals shall be made electronically. a. Protocols and processes will be determined at the Pre-Construction Conference. 2. Provide documents in Adobe Acrobat Portable Document Format(PDF),latest version. 3. Do not password protect or lock the PDF document. 4. Drawings or other graphics must be converted to PDF file format from the original drawing file format and made part of the PDF document. a. Scanning of drawings is to be used'only where actual file conversion is not possible and . drawings must be scanned at a resolution of 300 DPI or greater. b. Required signatures may be applied prior to scanning for transmittal. 5. Electronic drawings shall be formatted to be at full-scale(or half-scale when printed to 11xl7). a. Do not reduce drawings by more than 50 PCT in size. b. Reduced drawings shall be clearly marked"HALF-SIZE"and shall scale accurately at that size. 6. Rotate sheets that are normally viewed in landscape mode so that when the PDF file is opened the sheet is in the appropriate position for viewing. 7. File naming conventions: a. File names shall use the convention(XXXXXX-YY-Z.PDF)where XXXXXX is the Specification Section number,YY is the Shop Drawing Root number and Z is an ID number used to designate the associated volume. 8. Labeling: a. As a minimum,include the following labeling on all electronic media: 1) Project Name. 2) Equipment Name and Project Tag Number. 3) Project Specification Section. 4) Manufacturer Name. 5) Vendor Name. 1.6 ENGINEER'S REVIEW ACTION A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receive one of the following actions: a. A-FURNISH AS SUBMITTED. b. B-FURNISH AS NOTED(BY ENGINEER). c. C-REVISE AND RESUBMIT. d. D-REJECTED. e. E-ENGINEER'S REVIEW NOT REQUIRED. 2. Submittals received will be initially reviewed to ascertain inclusion of Contractor's approval stamp. a. Submittals not stamped by the Contractor or stamped with a stamp containing language other than that specified herein will not be reviewed for technical content and will be returned rejected. 3. In relying on the representation on the Contractor's review and approval stamp,Owner and Engineer reserve the right to review and process poorly organized and poorly described submittals as follows: RDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-4 a. Submittals transmitted with a description identifying a single item and found to contain multiple independent items: 1) Review and approval will be limited to the single item described on the transmittal letter. 2) Other items identified in the submittal will: a) Not be logged as received by the Engineer. b) Be removed from the submittal package and returned without review and comment to the Contractor for coordination,description and stamping. c) Be submitted by the Contractor as a new series number,not as a re-submittal number. b. Engineer,at Engineer's discretion,may revise the transmittal letter item list and descriptions,and conduct review. 1) Unless Contractor notifies Engineer in writing that the Engineer's revision of the transmittal letter item list and descriptions was in error,Contractor's review and approval stamp will be deemed to have applied to the entire contents of the submittal package. 4. Submittals returned with Action "A"or"B"are considered ready for fabrication and installation. a. If for any reason a submittal that has an"A"or"B"Action is resubmitted,it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. b. Destroy or conspicuously mark"SUPERSEDED"all documents having previously received"A"or"B"Action that are superseded by a resubmittal. 5. Submittals with Action"A"or"B"combined with Action"C"(Revise and Resubmit)or "D"(Rejected)will be individually analyzed giving consideration as follows: a. The portion of the submittal given"C"or"D"will not be distributed(unless previously agreed to otherwise at the Preconstruction Conference). 1) One copy or the one transparency of the "C"or"D"Drawings will be marked up and returned to the Contractor. a) Correct and resubmit items so marked. b. .Items marked"A"or"B"will be fully distributed. c. If a portion of the items or system proposed are acceptable,however,the major part of the individual Drawings or documents are incomplete or require revision,the entire submittal may be given"C"or"D"Action. 1) This is at the sole discretion of the Engineer. 2) In this case,some Drawings may contain relatively few or no comments or the statement,"Resubmit to maintain a complete package." 3) Distribution to the Owner and field will not be made(unless previously agreed to otherwise). 6. Failure to include any specific information specified under the submittal paragraphs of the Specifications will result in the submittal being returned to the Contractor with "C"or"D" Action. 7. Calculations required in individual Specification Sections will be received for information purposes only,as evidence calculations have been stamped by the professional as defined in the specifications and for limited purpose of checking conformance with given performance and design criteria. The Engineer is not responsible for checking the accuracy of the calculations and the calculations will be returned stamped"E. Engineer's Review Not Required"to acknowledge receipt. 8. Furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings,sample,or other item requiring approval,and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-5 9. Transmittals of submittals which the Engineer considers as "Not Required"submittal information,which is supplemental to but not essential to prior submitted information,or items of information in a transmittal which have been reviewed and received "A"or"B" action in a prior submittal,will be returned with action "E. Engineer's Review Not Required." 10. Samples may be retained for comparison purposes. a. Remove samples when directed. b. Include in bid all costs of furnishing and removing samples. 11. Approved samples submitted or constructed,constitute criteria for judging completed work. a. Finished work or items not equal to samples will be rejected. PART 2 - PRODUCTS -(NOT USED) PART 3 - EXECUTION - (NOT USED) END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-6 EXHIBIT Shop Drawing Transmittal No. (Spec Section) (Series) Project Name: Date Received: Project Owner: Checked By: Contractor: HDR Engineering,Inc. Log Page: Address: Address: HDR No.: Spec Section: Drawing/Detail No.: Attn: Attn: 1st. Sub ReSub. Date Transmitted: Previous Transmittal Date: Item No Description Manufacturer Mfr/Vendor Dwg or Data No. Action Taken' No. Copie s Remarks: *The Action designated above is in accordance with the following legend: A-Furnish as Submitted E-Engineer's review not required B-Furnish as Noted 1. Submittal not required. 2. Supplemental Information. Submittal retained for informational purposes only. C-Revise and Submit 3. Information reviewed and approved on prior submittal. 1. Not enough information for 4. See comments. review. 2. No reproducibles submitted. Engineer's review and approval will be only to determine if the items covered by the submittals 3. Copies illegible. II,after installation or incorporation in the Work,conform to the information given in the 4. Not enough copies ontract Documents and be compatible with the design concept of the completed Project as a submitted. unctioning whole as indicated by the Contract Documents. Any deviation from plans or 5. Wrong sequence number. 3pecifications not depicted in the submittal or included but not clearly noted by the Contractor 6. Wrong resubmittal number. ay not have been reviewed. Review by the Engineer shall not serve to relieve the Contractor 7. Wrong spec.section. f the contractual responsibility for any error or deviation from contract requirements. 8. Wrong form used. 9. See comments. D-Rejected Comments: By Date Distribution Contractor{ File Field Owner) I Other) Copyright 1991-2013 HDR Engineering,Inc.-Revised July 2014 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-7 EXHIBIT AA Contractor's Submittal Certification Shop Drawing Transmittal No.: Contract/Project Name: Company Name: has 1. reviewed and coordinated this Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. determined and verified all field measurements, quantities, dimensions,specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 3. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication,shipping, handling, storage,assembly, and installation pertaining to the performance of the Work; and 4. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. This Submittal does not contain any variations from the requirements of the Contract Documents. This Submittal does contain variations from the requirements of the Contract Documents. A separate description of said variations and a justification for them is provided in an attachment hereto identified as: "Shop Drawing Transmittal No. Variation and Justification Documentation" Insert picture file or electronic signature of Authorized Representative Authorized Representative Date Copyright 1991-2013 HDR Engineering,Inc.-Revised Oct 2011 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SUBMITTALS 013300-8 SECTION 01 35 05 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Minimizing the pollution of air,water,or land;control of noise,the disposal of solid waste materials,and protection of deposits of historical or archaeological interest. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 1.2 SUBMITTALS A. Shop Drawings: I. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Prior to the start of any construction activities submit: a. A detailed proposal of all methods of control and preventive measures to be utilized for environmental protection. b. A drawing of the work area,haul routes,storage areas,access routes and current land conditions including trees and vegetation. c. A copy of the NPDES permit for storm water discharges associated with construction activities. d. A copy of the approved storm water pollution prevention plan(SWPPP). PART 2 - PRODUCTS -(NOT USED) PART 3 - EXECUTION 3.1 INSTALLATION A. Employ and utilize environmental protection methods,obtain all necessary permits,and fully observe all local,state,and federal regulations including SWPPP. 1. See Specification Section 01 30 00 for local,state,and federal permits already obtained. Any and all other permits required shall be Contractors responsibility. B. Land Protection: 1. Except for any work or storage area and access routes specifically assigned for the use of the Contractor,the land areas outside the limits of construction shall be preserved in their present condition. a. Confine construction activities to areas defined for work within the Contract Documents. 2. Manage and control all borrow areas,work or storage areas,access routes and embankments to prevent sediment from entering nearby water or land adjacent to the work site. 3. Restore all disturbed areas including borrow and haul areas and establish permanent type of locally adaptable vegetative cover. 4. Unless earthwork is immediately paved or surfaced,protect all side slopes and backslopes immediately upon completion of final grading. 5. Plan and execute earthwork in a manner to minimize duration of exposure of unprotected soils. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01 35 05- 1 6. Except for areas designated by the Contract Documents to be cleared and grubbed,do not deface,injure or destroy trees and vegetation,nor remove,cut,or disturb them without approval of the Engineer. a. Any damage caused by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at no additional cost to the Owner. C. Surface Water Protection: 1. Utilize,as necessary,erosion control methods to protect side and backslopes,and minimize the discharge of sediment to the surface water leaving the construction site as soon as rough grading is complete. a. These controls shall be maintained until the site is ready for final grading and landscaping or until they are no longer warranted and concurrence is received from the Engineer. b. Physically retard the rate and volume of run-on and runoff by: 1) Implementing structural practices such as diversion swales,terraces,straw bales, silt fences,berms,storm drain inlet protection,rocked outlet protection,sediment traps and temporary basins. 2) Implementing vegetative practices such as temporary seeding,permanent seeding, mulching,sod stabilization,vegetative buffers,hydroseeding,anchored erosion control blankets,sodding,vegetated swales or a combination of these methods. 3) Providing Construction sites with graveled or rocked access entrance and exit drives and parking areas to reduce the tracking of sediment onto public or private roads. 2. Discharges from the construction site shall not contain pollutants at concentrations that produce objectionable films,colors,turbidity,deposits or noxious odors in the receiving stream or waterway. D. Solid Waste Disposal: 1. Collect solid waste on a daily basis. 2. Provide disposal of degradable solid waste to an approved solid waste disposal site. 3. Provide disposal of nondegradable solid waste to an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. 4. No building materials wastes or unused building materials shall be buried,dumped,or disposed of on the site. E. Fuel and Chemical Handling: 1. Store and dispose of chemical wastes in a manner approved by regulatory agencies. 2. Take special measures to prevent chemicals,fuels,oils,greases,herbicides,and insecticides from entering drainage ways. 3. Do not allow water used in onsite material processing,concrete curing,cleanup,and other waste waters to enter a drainage way(s)or stream. 4. Provide containment around fueling and chemical storage areas to ensure that spills in these areas do not reach waters of the state. F. Control of Dust: 1. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. a. Reasonable measures may include paving,frequent road cleaning,planting vegetative groundcover,application of water or application of chemical dust suppressants. b. The use of chemical agents such as calcium chloride must be approved by the State of Montana DOT. 2. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. 3. The Engineer will determine the effectiveness of the dust control program and may request the Contractor to provide additional measures,at no additional cost to Owner. G. Burning: HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 013505-2 1. Do not burn material on the site. 2. If the Contractor elects to dispose of waste materials by burning,make arrangements for an off-site burning area and conform to all agency regulations. H. Control of Noise: 1. Control noise by fitting equipment with appropriate mufflers. I. Completion of Work: 1. Upon completion of work,leave area in a clean,natural looking condition. 2. Ensure all signs of temporary construction and activities incidental to construction of required permanent work are removed. END OF SECTION I I HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 013505-3 SECTION 01 71 14 MOBILIZATION AND DEMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Project mobilization and demobilization. B. Related Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 1.2 GENERAL A. Mobilization work shall consist of preparatory work and operations necessary to be ready to perform the Work required under the Contract,and for other work and operations which must be performed,or costs incurred prior to the beginning of the Work. B. Demobilization work shall consist of all activities and costs for transportation of personnel, equipment,and supplies necessary to demobilize the contractor from the site. C. Mobilization and Demobilization shall not include mobilization or demobilization for specific items of work for which payment is provided elsewhere in the Contract. D. When the Contract or proposed Schedule of Values includes a separate item for mobilization or demobilization,payment will include full compensation for the furnishings of all labor, materials,tools,equipment,administrative costs,and incidentals to mobilization or C demobilization. E. If additional mobilization and demobilization activities and costs are required during the performance of the Contract as a result of the changed,deleted,or added items of work for which the Contractor is entitled to an adjustment in Contract price,compensation for such costs shall be included in the price adjustment for the item of Work changed or added. 1.3 ITEMS INCLUDED A. Mobilization costs shall be limited to the following items: 1. Obtaining bonds and insurance. 2. Obtaining required permits and licenses. 3. Developing Project Work Schedule. 4. Attending Preconstruction Conference. 5. Processing Permits. 6. Furnishing and installing signs. 7. Any work that is necessary to provide access to the site,including,but not limited to, grading and clearing. 8. Installing temporary construction power wiring. 9. Necessary assembly and testing required prior to start of the Work. 10. Establishment of all and other facilities necessary for the Work,including utilities and specified field offices. It. Providing for and establishing Contractor's work and storage yard. 12. Movement of personnel,major,equipment,supplies,and incidentals to the site. 13. Cost incurred prior to the start of the Work which must be performed,such as a down payment on a long lead item. B. Demobilization costs shall be limited to the following items: 1. Disassembly,removal and site cleanup/repair of offices,buildings,and other facilities assembled on the site for the Contract. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration MOBILIZATION AND DEMOBILIZATION 01 71 14-1 2. Costs for final site cleanup,packaging of miscellaneous items for return to the yard and other project closeout related expenses. 3. Cost for final payment documents,and provision of Acknowledgement Certification Request,Bond,and Certificate of Completion. C. The Owner will pay all costs for the Mobilization and Demobilization of all of the Contractor's personnel,equipment,supplies,and incidentals at the contract lump sum price as follows: 1. The Owner will pay no greater than 5 PCT of the original Contract Amount as a separate pay item for mobilization. 2. The Owner will pay no greater than 1/2 PCT of the original Contract Amount as a separate pay item for demobilization. 3. Owner will pay 50 PCT of the Mobilization lump sum price when 5 PCT of the original Contract Amount is earned. 4. Owner will pay the remaining 50 PCT of the Mobilization lump sum price when 10 PCT of the original Contract Amount is earned. 5. Owner will pay 100 PCT of the Demobilization lump sum price when all closeout activities and documents are completed. 6. Furnish cost data and documentation to justify this portion of the bid if Owner believes that the percentages in this paragraph do not bear a reasonable relation to the cost of the work in this contract. 7. Failure to justify such price to the satisfaction of the Owner will result in payment as determined by the Owner,of: a. Actual mobilization costs at completion of mobilization. b. Actual demobilization costs at completion of demobilization;and. c. The remainder of this item in the final payment under this contract. 8. The Owner's determination of the actual costs in this paragraph is not subject to appeal. 9. This schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided by the Contract. PART 2 - PRODUCTS -(NOT USED) PART 3 - EXECUTION -(NOT USED) END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration MOBILIZATION AND DEMOBILIZATION 01 71 14-2 SECTION 01 75 01 TEMPORARY BYPASS PUMPING SYSTEMS PART 1 - GENERAL 1.1 SCOPE A. Under this item the Contractor is required to furnish all materials, labor, equipment, power,maintenance, etc.to implement a temporary pumping system for the purpose of diverting any excess stream flows or groundwater flows around the work area for the duration of the project. 1. Contractor shall note that the operation of the pumps may not be necessary,however,it is mandatory that the Contractor have a plan in place in case it is needed. B. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. The Contractor shall employ the services of a vendor who can demonstrate to the Engineer that he specializes in the design and operation of temporary bypass pumping systems. The bypass system shall meet the requirements of all codes and regulatory agencies having legal jurisdiction. 1.2 SUBMITTAL A. The Contractor shall prepare with the vendor a specific,detailed description of the proposed pumping system and submit it and the vendor's references for the Engineer's review. L The submittal should include detailed plans and descriptions outlining all provisions and precautions to be taken by the Contractor regarding the handling of anticipated stream flows. 2. This plan must be specific and complete,including such items as schedules,locations, elevations,capacities of equipment,materials and all other incidental items necessary and/or required to insure proper protection of the site,including protection of the access and bypass pumping locations from damage due to the stream flows. 3. No construction shall begin until all provisions and requirements have been submitted to the Engineer for informational purposes only. B. The plan shall include but not be limited to details of the following: 1. Staging areas for pumps. 2. Number,size,material,location and method of installation of suction piping. 3. Number,size,material,method of installation and location of installation of discharge piping. 4. Bypass pump sizes,capacity,number of each size to be on site and power requirements. 5. Bypass pumping to have full redundancy. 6. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump operating range shall be submitted). 7. Standby power generator size,location. 8. Downstream discharge plan. 9. Method of protecting discharge location from erosion and damage. 10. Thrust and restraint block sizes and locations. 11. Method of noise control for each pump and/or generator. 12. Any temporary pipe supports and anchoring required. 13. Design plans and computation for access to bypass pumping locations indicated on the drawings. 14. Calculations for selection of bypass pumping pipe size. 15. Schedule for installation of and maintenance of bypass pumping lines. 16. Plan indicating selection location of bypass pumping line locations. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration TEMPORARY BYPASS PUMPING SYSTEMS 01 75 01-1 17. Plan indicating power supply from the local power company if required. All costs shall be included within the bid item: a. Contractor may choose to utilize existing electrical equipment at the WWTP. Contractor shall be responsible for determining correct sizing and capacity of any existing equipment used.Contractor shall also meter any power consumption and reimburse the City accordingly. PART 2 - PRODUCTS 2.1 EQUIPMENT A. All pumps used shall be fully automatic self-priming units that do not require the use of foot- valves or vacuum pumps in the priming system.The pumps may be electric or diesel powered. All pumps used must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of flows. All pumps must be constructed with acoustical enclosures that shall reduce pump and engine noise to 69 dBa or less at a distance of 30 FT. B. The Contractor shall provide the necessary stop/start controls for each pump. C. The Contractor shall include one stand-by pump of each size to be maintained on site.Back-up pumps shall be on-line,isolated from the primary system by an automatic valve. The Contractor shall also man the bypass pumping equipment 24 hours a day,seven days a week during periods when the pumping system is in use. D. Discharge Piping-In order to prevent the accidental spillage of flows,all discharge systems shall be temporarily constructed of rigid pipe with positive,restrained joints.Under no circumstances will aluminum"irrigation"type piping or glued PVC pipe be allowed.Discharge hose will only be allowed in short sections and by specific permission from the Engineer. 2.2 GENERAL DESCRIPTION A. Design Requirements: 1. Flow conditions for each bypass pumping situation are listed in Table 1 below. The Contractor shall provide all pumps of adequate size to handle flows,and temporary discharge piping to ensure that the total flow can be safely diverted around the section to be repaired or constructed. 2. The Contractor shall have adequate standby pumping equipment online and ready for immediate operation and use in the event of an emergency or breakdown. One standby pump for each size pump utilized shall be installed at each bypass location,ready for seamless backup in the event of primary pump failure. Standby equipment shall provide full redundancy for the pumping system. 3. Bypass pumping system shall be capable of bypassing the flow around the work area as necessary for satisfactory performances of work. B. Performance Requirements: 1. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction. 2.3 BYPASS PUMPING SCENARIOS A. The bypass pumping system is intended to protect the project from unanticipated flows which would be detrimental to the project.For the purposes of sizing the pumping system the flow conditions were generated based on historical stream flow data collected from USGS Gage 06048650. B. Flow Conditions: Flow Description October(GPM) November(GPM) December(GPM) HDR Project No. 10059730 City of Bozeman - East Gallatin River Stream Avulsion Restoration TEMPORARY BYPASS PUMPING SYSTEMS 01 75 01-2 Flow Description October(GPM) November(GPM) December(GPM) Minimum Daily Flow 14,100 18,400 12,600 Average Daily Flow 26,000 25,500 20,200 Maximum Daily Flow 43,100 43,000 32,300 PART 3 - EXECUTION 3.1 FIELD QUALITY CONTROL AND MAINTENANCE A. Test: 1. The Contractor shall perform leakage and pressure tests of the bypass pumping discharge and suction piping using river water prior to actual operation.The Engineer will be given 24 hours notice prior to testing. B. Inspection: 1. Contractor shall inspect bypass pumping system every two days, to ensure that the system is working correctly. C. Maintenance Service: 1. The Contractor shall insure that the temporary pumping system is properly maintained and a responsible operator shall be on hand at all times when pumps are operating. D. Extra Materials: 1. Spare parts for pumps and piping shall be kept on site as required. 2. Adequate hoisting(as applicable)equipment for each pump and accessories shall be maintained on the site. 3.2 PREPARATION A. Precautions: 1. Contractor is responsible for locating any existing utilities in the area the Contractor selects to locate the bypass pipelines. The Contractor shall locate his bypass pipelines to minimize any disturbance to existing utilities and shall obtain approval of the pipeline locations from the City and the Engineer. All costs associated with relocating utilities and obtaining all approvals shall be paid by the Contractor. 2. During all bypass pumping operations,the Contractor shall protect the site from damage inflicted by any equipment.The Contractor shall be responsible for all physical damage caused by bypass operations that are caused by human or mechanical failure. 3.3 INSTALLATION AND REMOVAL A. The installation of the bypass pipelines is prohibited in all wetland areas. B. The pipeline must be located off streets,sidewalks,and off shoulders of the roads. C. Upon completion of the bypass pumping operations,and after the receipt of written permission from the Engineer,the Contractor shall remove all the piping,restore all property to pre- construction condition and restore all pavement and facilities. D. The Contractor is responsible for obtaining any approvals for placement of the temporary pipeline within public ways from the City of Bozeman. END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration TEMPORARY BYPASS PUMPING SYSTEMS 01 75 01-3 DIVISION 31 EARTHWORK SECTION 31 10 00 SITE CLEARING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Site clearing,tree protection,stripping topsoil and demolition. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 3. Section 3123 00-Earthwork. 4. Section 3125 00-Soil Erosion and Sediment Control. 5. Section 32 91 13-Topsoiling and Finished Grading. PART 2 - PRODUCTS -(NOT USED) PART 3 - EXECUTION 3.1 PREPARATION A. Protect existing trees and other vegetation to remain against damage. 1. Do not smother trees by stockpiling construction materials or excavated materials within drip line. 2. Avoid foot or vehicular traffic or parking of vehicles within drip line. ( 3. Provide temporary protection as required. B. Repair or replace trees and vegetation damaged by construction operations. 1. Repair to be performed by a qualified tree surgeon/licensed arborist. 2. Remove trees which cannot be repaired and restored to full-growth status. 3. Replace with new trees of minimum 4 IN caliper or as required by local tree ordinance. C. Owner will obtain authority for removal and alteration work on adjoining property,as applicable. 3.2 SITE CLEARING A. Topsoil Removal: 1. Strip topsoil to depths encountered or as specified within the soils report,4 IN minimum. a. Remove heavy growths of grass before stripping. b. Stop topsoil stripping sufficient distance from such trees to prevent damage to main root system. c. Separate from underlying subsoil or objectionable material. 2. Stockpile topsoil where directed by Engineer. a. Construct storage piles to freely drain surface water. b. Seed or cover storage piles to prevent erosion. 3. Do not strip topsoil in wooded areas where no change in grade occurs. 4. Borrow topsoil: Reasonably free of subsoil,objects over 2 IN DIA,weeds and roots. B. Clearing and Grubbing: 1. Clear from within limits of construction all trees not marked to remain. a. Include shrubs,brush,downed timber,rotten wood,heavy growth of grass and weeds, vines,rubbish,structures and debris. 2. Grub(remove)from within limits of construction all stumps,roots,root mats,logs and debris encountered. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SITE CLEARING 31 10 00-1 C. Disposal of Waste Materials: 1. Do not burn combustible materials on site. 2. Remove all waste materials from site. 3. Do not bury organic matter on site. END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SITE CLEARING 31 1000-2 SECTION 31 23 00 EARTHWORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Earthwork-excavation,backfilling,grading,compaction,disposal of waste and surplus materials,placing crushed stone,construction of berms,sheeting,bracing,dewatering and other Earthwork related work. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 3. Section 3125 00-Soil Erosion and Sediment Control. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. ASTM International(ASTM): a. D698,Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort(12,400 FT-LBF/FT3). b. D1557,Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort(56,000 FT-LBF/FT3(2,700 kN-M/M3)). c. D2487,Standard Practice for Classification of Soils for Engineering Purposes(Unified Soil Classification System). d. D3786,Standard Test Method for Bursting Strength of Textile Fabrics--Diaphragm Bursting Strength Tester Method. e. D4253,Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table. f. D4254,Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. g. D4632,Standard Test Method for Grab Breaking Load and Elongation of Geotextiles. 2. Occupational Safety and Health Administration(OSHA): a. 29 CFR Part 1926.650,Safety and Health Regulations for Construction-Excavations, referred to herein as OSHA Standards. 1.3 DEFINITIONS A. Excavation: 1. Consists of removal of material encountered to subgrade elevations required or indicated. 2. Includes excavation of soils;pavements and other obstructions visible on surface; underground structures,utilities,and other items indicated to be demolished and removed; boulders;and rock. B. Unauthorized Excavation: 1. Consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Engineer. a. Unauthorized excavation,as well as associated remedial work as directed by Engineer or Geotechnical Engineer,shall be at Contractor's expense. 2. Unsuitable Soil Materials: Soil materials encountered at or below subgrade elevation of insufficient strength and stiffness to support construction as determined by the Geotechnical Engineer. 1.4 SUBMITTALS I A. Shop Drawings: HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EARTHWORK 312300-1 I. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. 3. Certifications. B. Samples: 1. Coordinate samples and testing for approval of off-site materials with the Engineer. 2. Test reports. 1.5 PROJECT CONDITIONS A. Dispose of waste materials,legally,off site. 1. Burning,as a means of waste disposal,is not permitted. PART 2 - PRODUCTS 2.1 MATERIALS A. Fill and Backfill: 1. Selected material approved by Engineer from site excavation or from off site borrow. A. Geotextile Fabric. 1. North American Green C70OBN or approved equal. a. Design permissible sheer stress:2.35 lbs/ft2. b. Design permissible velocity: 10.00 ft/s. c. Top Netting: woven 100%biodegradable coir fiber,minimum 143 Ibs/1000ft2. d. Fiber Matrix: coconut fiber 0.50 lbs/yd2 e. Bottom netting: woven 100%biodegradable jute fiber,minimum 7.70 lbs/1000 ft2. f. Thread:biodegradable. g. Mass/unit area: 23.6 oz/sy. h. Tensile strength-MD(ASTM D6818): 1271 lbs/ft. i. Tensile strength-TD(ASTM D6818): 834 lbs/ft. B. Filter material(2-inch minus): 1. ASTM D2487 classification: GC,GM,SM or SC. 2. Liquid limit: Less than 45. 3. Maximum plasticity index: 20. 4. Meeting the following gradation: Percentage by Weight Passing Square Mesh Sieves Sieve Size 2" Minus Fill 2 inch (50 mm) 100 1 '/2 inch 37.5 mm 90-95 3/8 inch (9.5 mm) 75-90 No. 4 4.75 mm 70-80 No. 8 2.36 mm 60-70 No. 16 1.18 mm 50-60 No. 30 0.60 mm 25-50 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EARTHWORK 312300-2 No. 50 0.30 mm 20-30 No. 100 0.15 mm 10-20 C. Riprap. 1. Furnish stone that is hard,durable,and angular in shape,resistant to weathering and water action,free from overburden,spoil,shale,structural defects,and organic material. 2. Each stone must have its greatest dimension not greater than three times its least dimension. 3. Do not use rounded stone or boulders from a streambed source as riprap. 4. Do not use shale or stone with shale seams. 5. The stone shall be accepted based on visual analysis,the permit requirements,or both. Submit samples before placing the riprap. PART 3 - EXECUTION 3.1 PROTECTION A. Erosion Control: 1. See Specification Section 3125 00. 2. Clean paved roadways daily of any spillage of dirt,rocks or debris from vehicles and equipment entering or leaving site. 3. Conduct work to minimize erosion of site. Remove eroded material washed off site. a. If necessary or requested by Engineer,construct stilling areas to settle and detain eroded material. B. Protect existing surface and subsurface features on-site and adjacent to site as follows: 1. Provide barricades,coverings,or other types of protection necessary to prevent damage to existing items indicated to remain in place. 2. Protect and maintain bench marks,monuments or other established reference points and property corners. a. If disturbed or destroyed,replace at own expense to full satisfaction of Owner and controlling agency. 3. Verify location of utilities. a. Omission or inclusion of utility items does not constitute nonexistence or definite location. b. Secure and examine local utility records for location data. c. Take necessary precautions to protect existing utilities from damage due to any construction activity. 1) If utilities are indicated to remain in place,provide adequate means of support and protection during earthwork operations. 2) Do not interrupt existing utilities serving facilities occupied by Owner or others, during occupied hours,except when permitted in writing by Owner and then only after acceptable temporary utility services have been provided. 3) Obtain Owner's approval prior to disconnecting any utility service. d. Repair damages to utility items at own expense. e. In case of damage,notify Engineer at once so required protective measures may be taken. 4. Maintain free of damage,existing sidewalks,structures,and pavement,not indicated to be removed. a. Protect new and.existing structures,utilities,sidewalks,pavements,and other facilities from damage caused by settlement,lateral movement,undermining,washout,and other hazards created by earthwork operations. b. Any item known or unknown or not properly located that is inadvertently damaged shall be repaired to original condition. c. All repairs to be made and paid for by Contractor. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EARTHWORK 312300-3 5. Provide full access to public and private premises,fire hydrants,street crossings, sidewalks and other points as designated by Owner to prevent serious interruption of travel. 6. Maintain stockpiles and excavations in such a manner to prevent inconvenience or damage to structures on-site or on adjoining property. 7. Avoid surcharge or excavation procedures which can result in heaving,caving,or slides. 3.2 SITE EXCAVATION AND GRADING A. The site excavation and grading work includes the offsite disposition of all material: l. That exceed quantities required for earthwork on the project. 2. That the Engineer classifies as unclassified excavation. 3. That the Engineer classifies as unacceptable. 4. That the Engineer classifies as potentially contaminated. B. Excavation and Grading: 1. Perform as required by the Contract Drawings. 2. Contract Drawings may indicate both existing grade and finished grade required for construction of Project. a. Stake all units,structures,piping,roads,parking areas and walks and establish their elevations. b. Perform other layout work required. c. Replace property corner markers to original location if disturbed or destroyed. 3. Preparation of ground surface for embankments or fills: a. Before fill is started,scarify to a minimum depth of 6 IN in all proposed embankment and fill areas. b. Where ground surface is steeper than one vertical to four horizontal,plow surface in a manner to bench and break up surface so that fill material will bind with existing surface. 4. Protection of finish grade: a. During construction,shape and drain embankment and excavations. b. Maintain ditches and drains to provide drainage at all times. c. Protect graded areas against action of elements prior to acceptance of work. d. Reestablish grade where settlement or erosion occurs. C. Borrow: 1. Provide necessary amount of approved fill compacted to density equal to that indicated in this Specification. 2. Include cost of all borrow material in original proposal. 3. Fill material to be approved by Geotechnical Engineer prior to placement. D. Construct embankments and fills as required by the Contract Drawings: 1. Construct embankments and fills at locations and to lines of grade indicated. a. Completed fill shall correspond to shape of typical cross section or contour indicated regardless of method used to show shape,size,and extent of line and grade of completed work. 2. Provide approved fill material which is free from roots,organic matter,trash,frozen material,and stones having maximum dimension greater than 6 IN. a. Ensure that stones larger than 4 IN are not placed in upper 2 FT of plug core or embankment. b. Do not place material in layers greater than 8 IN loose thickness. c. Place layers horizontally and compact each layer prior to placing additional fill. 3. Compact soils as required to obtain specified density. Selection of appropriate equipment is the Contractor's responsibility. a. In general,compact cohesive soils by sheepsfoot,and granular soils by pneumatic rollers,vibrators,or by other equipment as required to obtain specified density. b. Control moisture for each layer necessary to meet requirements of compaction. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EARTHWORK 312300-4 3.3 USE OF EXPLOSIVES A. Blasting with any type of explosive is prohibiied. 3.4 COMPACTION DENSITY REQUIREMENTS A. Compaction shall be accomplished be approved equipment. B. The maximum compaction lifts shall not exceed 6 inches each layer and shall be at least 85 percent of laboratory maximum density. C. Obtain approval from Engineer with.regard to suitability of souls and acceptable subgrade prior to subsequent operations. D. Provide dewatering system necessary to successfully complete compaction and construction requirements. E. Remove frozen,loose,wet or soft material and replace with approved material as directed by Engineer. F. Stabilize subgrade with well graded granular materials as directed by Engineer. G. Avulsion plug core and avulsion bank core to compacted with minimum two(2)passed with tracked equipment. H. Fabric encapsulated soil fill to be compacted with single pass with vibratory plate. I. Compaction compliance shall be verified by field observation of compactive efforts and inspection performance and inspection performance for the various areas descried above. If material type changes,additional compaction testing methods may be incorporated. 3.5 FIELD QUALITY CONTROL A. All excavation,trenching,and related sheeting,bracing,etc.shall comply with the requirements of OSHA Standards,and state requirements. Where conflict between OSHA and state regulations exists,the more stringent requirements shall apply. B. Responsibilities of Inspector: 1. Review proposed materials for fill and backfill around structures. 2. Services will include verification and documentation of satisfactory soil materials,subgrade quality,sampling,placement,moisture conditioning,compaction and testing of proposed soil materials,and field testing for quality control. 3. Extent of compaction testing will be as necessary to assure compliance with specifications. END OF SECTION \ HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EARTHWORK 312300-5 SECTION 31 25 00 SOIL EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Soil erosion and sediment control. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. Erosion control standards: Standards and Specifications for Soil Erosion and Sediment Control in Developing Areas by the United Sates Department of Agriculture(USDA),Soil Conservation Service,College Park,Maryland. PART 2 - PRODUCTS 2.1 MATERIALS A. As detailed in the Stormwater Construction permit. B. Stone for Stone Filter: 2 IN graded gravel or crushed stone. PART 3 - EXECUTION 3.1 PREPARATION A. Contractor to develop and site specific Storwater Pollution Prevention Plan(SWPPP)and meet Montana Department of Environmental Quality requirements for a Stormwater Construction General Permit(http://deq.mt.gov/Water/StormWater/StormSystems). B. Prior to site disturbance: 1. Have on-site meeting to discuss erosion prevention,sediment control,and permit compliance. 2. Contractor to communicate to crews and train crews as to the importance of control measures and protecting adjacent streams and practice good housekeeping. 3. Install erosion control measures. 3.2 DURING CONSTRUCTION PERIOD A. Contractor to protect erosion control measures from disturbance or damage during construction. Erosion control measures damaged during construction are to be repaired or replaced by Contractor immediately after damage is observed by Contractor. 3.3 NEAR COMPLETION OF CONSTRUCTION A. Eliminate basins,dikes,traps,etc. B. Grade to finished or existing grades. C. Fine grade all remaining earth areas,then seed and mulch. END OF SECTION HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SOIL EROSION AND SEDIMENT CONTROL 312500-1 F)l DIVISION 32 EXTERIOR IMPROVEMENTS SECTION 32 91 13 TOPSOILING AND FINISHED GRADING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Topsoiling and finished grading. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 3. Section 31 10 00-Site Clearing. 4. Section 3123 00-Earthwork. 5. Section 3125 00-Soil Erosion and Sediment Control. 6. Section 32 92 00-Seeding,Sodding and Landscaping. C. Location of Work: All areas within limits of grading and all areas outside limits of grading which are disturbed in the course of the work. 1.2 SUBMITTALS A. Shop Drawings: 1. See Specification Section 0133 00 for requirements for the mechanics and administration of the submittal process. 2. Project Data: Test reports for furnished topsoil. 1.3 SITE CONDITIONS A. Verify amount of topsoil stockpiled and determine amount of additional topsoil, if necessary to complete work. PART 2 - PRODUCTS 2.1 MATERIALS A. Topsoil: 1. Original surface soil typical of the area. 2. Friable,loamy soil capable of supporting native plant growth. 3. ASTM D 5268,pH range of 5.5 to 7,a minimum of 2 percent organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 4. Organic Soil Amendment:Compost:Well-composted,stable,and weed-free organic matter, pH range of 5.5 to 7. 2.2 TOLERANCES A. Finish Grading Tolerance: f0.1 FT from required elevations. PART 3 EXECUTION 3.1 PREPARATION A. Correct,adjust and/or repair rough graded areas. 1. Cut off mounds and ridges. 2. Fill gullies and depressions. 3. Perform other necessary repairs. 4. Bring all sub-grades to specified contours,even and properly compacted. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration TCPSCIUNG AND FINISHED GRADING 32 91 13-1 B. Loosen surface to depth of 2 IN,minimum. C. Remove all stones and debris over 2 IN in any dimension. 3.2 ROUGH GRADE REVIEW A. Reviewed by Engineer in Specification Section 31 10 00. 3.3 PLACING TOPSOIL A. Do not place when subgrade is wet or frozen enough to cause clodding. B. Spread and lightly compact to a depth of 4 IN for all disturbed earth areas. C. If topsoil stockpiled is less than amount required for work,furnish additional topsoil at no cost to Owner. D. Provide finished surface free of stones,sticks,or other material 1 IN or more in any dimension. E. Provide finished surface smooth and true to required grades. F. Restore stockpile area to condition of rest of finished work. 3.4 WETLAND IMPACTS A. There are existing wetlands located within the project area. 1. The Contractor shall not place any permanent fill over the wetlands unless otherwise noted on the plans and shall minimize temporary impacts to the wetlands to only what is necessary for construction. 2. All disturbed wetland areas shall be restored to existing conditions and reseeded with the wetland seed mix outlined in the Seeding,Sodding,and Landscaping specification. 3.5 ACCEPTANCE A. Upon completion of topsoiling,obtain Engineer's acceptance of grade and surface. B. Make test holes where directed to verify proper placement and thickness of topsoil. END OF SECTION HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration TOPSOILING AND FINISHED GRADING 3291 13-2 SECTION 32 92 00 SEEDING, SODDING AND LANDSCAPING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Seeding: a. Soil preparation. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00-Procurement and Contracting Requirements. 2. Division 01 -General Requirements. 3. Section 32 91 13-Topsoiling and Finished Grading. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. American Nursery and Landscape Association/American National Standards Institute (ANLA/ANSI): a. Z60.1,American Standard for Nursery Stock. 2. AOAC International(AOAC). 3. ASTM International(ASTM): a. D2028,Standard Specification for Cutback Asphalt(Rapid-Curing Type). b. D5276,Standard Test Method for Drop Test of Loaded Containers by Free Fall. B. Quality Control: 1. Fertilizer: a. If Engineer determines fertilizer requires sampling and testing to verify quality,testing will be done at Contractor's expense,in accordance with current methods of the AOAC. b. Upon completion of Project,a final check of total quantities of fertilizer used will be made against total area seeded. , c. If minimum rates of application have not been met,.Contractor will be required to distribute additional quantities to make up minimum application specified. 1.3 SUBMITTALS A. Shop Drawings: 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Layout drawings: a. Scaled site plan(scale 1 IN=20 FT or equal to scale of Project site plan Drawing)on reproducible Drawing to show: 3. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. c. Signed copies of vendor's statement for seed mixture required,stating botanical and common name,place of origin,strain,percentage of purity,percentage of germination, and amount of Pure Live Seed(PLS)per bag. d. Type of herbicide to be used during first growing season to contain annual weeds and application rate. 4. Certification that each container of seed delivered will be labeled in accordance with Federal and State Seed Laws and equals or exceeds Specification requirements. B. Informational Submittals: 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SEEDING,SODDING AND LANDSCAPING 32 92 00-1 2. Copies of invoices for fertilizer used on Project showing grade furnished,along with certification of quality and warranty. 1.4 SEQUENCING AND SCHEDULING A. Installation Schedule: 1. Show schedule of when lawn type and other grass areas are anticipated to be planted. 2. Indicate planting schedules in relation to schedule for finish grading and topsoiling. 3. Indicate anticipated dates Engineer will be required to review installation for initial acceptance and final acceptance. B. Pre-installation Meeting: 1. Meet with Engineer and other parties as necessary to discuss schedule and methods, unless otherwise indicated by Engineer. PART 2 - PRODUCTS 2.1 MANUFACTURERS AND SUPPLIERS A. Subject to compliance with the Contract Documents,the manufacturers and suppliers listed in the applicable Articles below are acceptable. 2.2 MATERIALS A. Native Grass Seeding: 1. Grass seed mixes shall be sourced from Circle S Seeds&Grains, 14990 Madison Frontage Rd.,Three Forks,MT(phone:406-285-3269 web: wp.circleseeds.com),or an approved supplier. 2. All grass seed shall be Grade A recent crop seed and shall be delivered to the site in sealed containers with dealer's guaranteed analysis provided. 3. The following seed mixes shall be provided,given the condition of wetland,non-irrigated vegetation,or irrigated vegetation. 4. Wetland Pasture Mix. Broadcast seed 24 lbs./acre: Percentage of Pure Live Seed per Acre Seed Quantity Seed Type 10 Alo ecurus arundinaceus/Garrison Creeping Foxtail 5 Deschampsia caespitosa/Tufted Hair grass 30 EI mus trach caulus/Slender Wheat grass 40 Festuca arundinacea/Tall Fescue 5 Pasco rum smithii /Western Wheat grass 10 Trifolium h bridum /Alsike Clover B. Water: 1. Water free from substances harmful to grass growth. 2. Provide water from source approved prior to use. PART 3 - EXECUTION 3.1 SOIL PREPARATION A. General: 1. All disturbed vegetated areas shall be restored to existing conditions including wetland areas. a. This work outlines topsoil placement and seeding at designated areas on the project drawings,including areas disturbed by construction activities,as directed by Engineer. 2. Limit preparation to areas which will be planted soon after. HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SEEDING,SODDING AND LANDSCAPING 329200-2 3. Provide facilities to protect and safeguard all persons on or about premises. t 4. Protect existing trees designated to remain. 5. Verify location and existence of all underground utilities. a. Take necessary precaution to protect existing utilities from damage due to construction activity. b. Repair all damages to utility items at sole expense. 6. Provide facilities such as protective fences and/or watchmen to protect work from vandalism. a. Contractor to be responsible for vandalism until acceptance of work in whole or in part. B. Preparation for Seeding: 1. Loosen surface to minimum depth of 4 IN. 2. Remove stones over 1 IN in any dimension and sticks,roots,rubbish,and other extraneous matter. 3. Selective Herbicides: EPA registered and approved,of type recommended by manufacturer for application. 4. Prior to applying fertilizer,loosen areas to be seeded with a double disc or other suitable device if the soil has become hard or compacted. 5. Correct any surface irregularities in order to prevent pocket or low areas which will allow water to stand. 6. Distribute fertilizer uniformly over areas to be seeded: a. For seeding: 200 LBS per acre. 7. Incorporate fertilizer into soil to a depth of at least 2 IN by disking,harrowing,or other approved methods. 8. Remove stones or other substances from surface which will interfere with turf development or subsequent mowing operations. 3.2 INSTALLATION ( A. Seeding: tl 1. Do not use seed which is wet,moldy,or otherwise damaged. 2. Prior to seeding,examine areas to receive grass seed for compliance with requirements and other conditions affecting performance. 3. Proceed with installation only after unsatisfactory conditions have been corrected. 4. Protect structures,utilities,and other facilities,trees,shrubs,and plantings from damage caused by planting operations. 5. Protect grade stakes set by others until directed to remove them.Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and waterways. 6. Hand broadcast seed the soil immediately after placement with the seed mixture and rates listed. Scarify the soil immediately prior to and following seeding to incorporate seed to a depth of inch into the soil. 7. Stop work when work extends beyond most favorable planting season for species designated,or when satisfactory results cannot be obtained because of drought,high winds excessive moisture,or other factors. a. Resume work only when favorable conditions develop. 8. Lightly rake seed into soil followed by light rolling or cultipacking. 9. Immediately protect seeded areas against erosion by mulching. a. Spread mulch in continuous blanket using 1-1/2 tons.per acre to a depth of 4 or 5 straws. 10. Protect seeded slopes against erosion with erosion netting or other methods approved by Engineer. a. Protect seeded areas against traffic or other use by erecting barricades and placing warning signs. 3.3 MAINTENANCE AND REPLACEMENT A. General: HDR Project No.10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration SEEDING,SODDING AND LANDSCAPING 329200-3 1. Begin maintenance of planted areas immediately after each portion is planted and continue until final acceptance or for a specific time period as stated below,whichever is the longer. 2. Provide and maintain temporary piping,hoses,and watering equipment as required to convey water from water sources and to keep planted areas uniformly moist as required for proper growth. 3. Protection of new materials: a. Provide barricades,coverings or other types of protection necessary to prevent damage to existing improvements indicated to remain. b. Repair and pay for all damaged items. 4. Replace unacceptable materials with materials and methods identical to the original specifications unless otherwise approved by the Engineer. 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