HomeMy WebLinkAbout18- Interlocal Agreement - Bozeman School District 7 - Infrastructure Improvements for Bozeman Second High School 2612583
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Charlotte Mills - Gallatin County, MT IR
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Interlocal Agreement for Infrastructure Improvements
for Bozeman Second High School
THIS AGREEMENT is made and entered into this 8rd y of 2018,
between Bozeman School District 7(the"District") whose address is P.O.Box 520,Bozeman,MT
59771-0520 and the City of Bozeman (City), a self-governing municipal corporation, whose
address is P.O. Box 1230,Bozeman,MT 59771.
RECITALS
Whereas,the District owns property legally described as Tract 1A2,Certificate of Survey
2554B,Gallatin County upon which it intends to construct a high school; and
Whereas, the City and the District desire to enter into this agreement for the purpose of
financing the construction of certain off-site infrastructure including infrastructure improvements
necessary for the development of what is referred to as the "High School Project including public
infrastructure related to Cottonwood Road, Oak Street, and a roundabout at Oak Street and
Cottonwood Road; and
Whereas, on January 8, 2018, the District and the City entered into a memorandum of
understanding wherein the parties memorialized their desire to cooperate in the costs of designing
and constructing certain public infrastructure related to the new high school and wherein the parties
understood such cooperation would require the District to pay the costs and construction of certain
infrastructure with the City reimbursing the District a percentage of the District's costs; and
WHEREAS, the District and the City have the authority to enter into this agreement
pursuant to Sections 7-11-101 through 7-11-108,MCA.
NOW,THEREFORE,the District and the City agree as follows:
1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Interlocal
Agreement is to establish the rights and duties of the City and the District regarding
improvements to public infrastructure adjacent to the location of the second
Bozeman high school which is located on or adjacent to property owned by the
District and which improvements are listed on Exhibit A (the "Improvements"),
whereby the District will pay the costs thereof at the time the Improvements are
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constructed,and the City will reimburse the District for the City's share of the cost
of the Improvements as described in this Agreement.
2. COMPLIANCE WITH PUBLIC PROCUREMENT
STATUTES/STANDARDS/DISCRIMINATION. The District must comply
with all Montana statutory requirements for the procurement of design and
construction services including but not limited to requirements of Title 7, chapter
5, part 43, MCA and Title 18, MCA including but not limited to selection of
engineers, city standards for design and construction, competitive bidding, and
contract requirements for payment and performance bonds, prevailing wages and
non-discrimination provision as required by Bozeman City Commission Resolution
4250,attached as Exhibit B.
3. DURATION. This Agreement will terminate upon final repayment to the District
of the City's share of the cost of the Improvements, unless earlier terminated by
mutual agreement of the Parties in writing.
4. COST OF IMPROVEMENTS. The total estimated cost of the Improvements,
including costs of design,construction,construction administration, oversight and
inspection, material testing, as-built preparation and project close-out is estimated
to be $4,533,212.00 ("Cost of Improvements"). The District agrees the City will
contribute to the District $2,935,430.00, which is agreed by the parties to be an
estimate of total costs,and the District is responsible for$1,597,782.00,which the
parties agree is the bid price plus 10% contingency. Each party's share is shown
by project component on Exhibit C. If actual costs exceed these estimates, the
parties agree to increase the share in proportion to the costs associated with each
segment. For example,the District is responsible for payment of 96% of the costs
of the Improvements to Cottonwood Road with the City responsible for 4%of such
costs. Should the costs of Improvements to Cottonwood increase by 10% overall,
the District will pay 96%of such increase with the City paying 4%of such increase.
5. PAYMENT. The District agrees to cause the Improvements to be completed and
to pay the District's and City's share as shown on Exhibit B directly to a contractor
selected by the District pursuant to a public procurement process. The City agrees
that it will pay its share of actual costs directly to the District within thirty(30)days
of receipt of an itemized invoice and certification by the District's licensed
professional engineer that the Improvements have been constructed in accordance
with the approved plans and specifications showing all costs for which the City is
responsible listed by project. It is further agreed that the first payment by the City
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will be made no sooner than July 1, 2019 and the above 30 day requirement will
not be in effect until July 1, 2019. No interest will accrue to the City. Prior to the
City paying the final amount,the work must be accepted by the City (including the
District's engineer and contractor submitting and the City accepting a signed
certificate of completion and acceptance to the City). After completion of the
Improvements,the City may request a review of all costs and the District agrees to
provide any documentation and information requested by the City in fulfillment of
the City's review.
6. CITY APPROVAL OF DESIGN AND CONSTRUCTION
DOCUMENTS/COSTS. Prior to commencing construction and prior to the City
making any payments to the District for the City's share of the Improvements,the
City must approve the design and construction documents. In addition,the District
must provide the City complete record drawings showing all installed
infrastructure.
7. CONSTRUCTION SCHEDULE AND COORDINATION.
a. Prior to commencement of construction,the District must require its contractor to
schedule pre-construction meetings with City Engineering Division to coordinate
all construction activities.
b. The District must require its contractor to comply with all reasonable directives of
the City regarding timing and coordination of construction activities.
c. Construction may not unreasonably be delayed.
d. Prior to or at the preconstruction conference,the District must cause its contractor
to provide the City's Representative the following schedules:
i. A practicable construction progress schedule showing the order,timing,and
progress in which the contractor proposes to prosecute the work. This
schedule shall be in Bar Graph, CPM or PERT format. The schedule shall
be updated and re-submitted as required by the City's Representative to
reflect payment schedule showing the anticipated amount of each of the
City's monthly payment that will become due the contractor in accordance
with the construction progress schedule; and
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ii. A traffic control plan detailing the methods and means of controlling traffic
for the specific conditions involved with each construction schedule.
e. The District shall cause its contractor to limit working hours to 7:00 a.m. to 7:00
p.m.,Monday through Friday. No work shall be done outside of these hours unless
specifically approved by the City's Representative.
f. Construction must be completed and accepted by the City no later than July 30,
2020 The District must require,in its contracts with its contractors and engineers,
that construction be completed by the above date.The parties' representatives may
agree in writing to allow the improvements to be completed and accepted by the
City after July 30,2020.
8. DEDICATION OF IMPROVEMENTS/WARRANTY. The District agrees it
will upon acceptance by the City of improvements completed under this Agreement
dedicate said improvements to the City pursuant to City requirements including
38.39.050, Bozeman Municipal Code. The District must require its contractor to
provide the City a warranty on all improvements as required by 38.39.100,BMC,
and section C.9 of the City of Bozeman Plans and Specifications Review Policy.
9. CHANGE ORDERS. Should the parties at any time during construction of the
Improvements desire a change to any portion of the Improvements or should the
City require such change the District agrees the City's Representative, in
consultation with the District's Representative,will determine whether such change
is appropriate. All costs and expenses of the work conducted pursuant to any such
change order will be borne by the parties on a proportional basis as provided for in
Section 4 of this Agreement or as may otherwise be agreed to in writing by the
parties.
10. SUBCONTRACTORS. By appropriate written agreement, the District must
require its contractor to require each Subcontractor,to the extent of the work to be
performed by a subcontractor,to be bound by terms of this Agreement.
11. PERFORMANCE AND PAYMENT BONDS. The District must require its
contractor to provide performance and payment bonds to it for completion of the
Improvements meeting all statutory requirements of the State of Montana,in form
and substance and, without limitation, complying with the following specific
requirements:
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a. Require the contractor to faithfully perform all of the provisions of the contract
between The District and the contractor.
b. Require the contractor to pay all laborers,mechanics,subcontractors,and material
suppliers.
c. Require the contractor to pay all persons who supply the contractor with provisions,
provender,material,or supplies for performing the work.
d. Except as otherwise required by Montana law, the form and substance of such
bond(s) must be satisfactory to the District and the City.
e. Bond(s) shall be executed by a responsible surety licensed in Montana and listed in
the latest U.S. Dept.of Treasury Circular#570,with a Best's rating of no less than
A/XII. Said bonds shall remain in effect through the warranty period for all
Improvements, and until all of the contractor's obligations to the District are
fulfilled.
f. The Performance Bond and the Labor and Material Payment Bond shall be in an
amount equal to or exceeding one hundred percent(100%) of the contract amount
entered into between the District and its contractor.
g. The District shall require the attorney-in-fact who executes the required bond(s)on
behalf of the surety to affix thereto a certified and current copy of his or her power
of attorney indicating the monetary limit of such power.
h. Every Bond under this section must display the Surety's Bond Number. A rider
including the following provision shall be attached to each Bond: Surety agrees that
it is obligated under the bond(s)to any successor,grantee or assignee of the District
and the City.
i. The City and the District must be named as obligees on the bonds.
j. The District must require its contractor to deliver the required bonds to it and the
City prior to the commencement of any work on the Improvements.
12. INDEMNIFICATIONANSURANCE.
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a. The District agrees to require in any contract it enters into in fulfillment of its
obligations under this Agreement that it will, to the fullest extent permitted by
law, require its contractors to agree in such contracts that the contractor does
release,defend,indemnify,and hold harmless the City,its agents,representatives,
employees, and officers (collectively referred to for purposes of this Section as
the City) from and against any and all claims, demands, actions,fees and costs
(including attorney's fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature
connected therewith and without limit and without regard to the cause or causes
thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of
or resulting from or in any way related to: (i)the negligent,reckless,or intentional
misconduct of the contractor; (ii) any negligent, reckless, or intentional
misconduct of any of the contractor's agents including its subcontractors.
Such obligations shall not be construed to negate,abridge,or reduce other rights
or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce
any common-law or statutory rights of the indemnitee(s) which would otherwise
exist as to such indemnitee(s).The indemnity under this Section the District must
require of its contractor shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the
District's contractors or engineers to assert its right to defense or indemnification
under this Agreement or under the District's contractor's or engineer's applicable
insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction
determines the District's contractor(s) or engineer(s) was obligated to defend the
claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s) thereof.
In the event of an action filed against City resulting from the City's performance
under this Agreement, the City may elect to represent itself and incur all costs
and expenses of suit.
The District must also require its contractors and subcontractors and engineers to
waive any and all claims and recourse against the City or its officers, agents or
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employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident
to the Improvements except "responsibility for his own fraud,for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent" as per 28-2-702,MCA.
Notwithstanding any terms,provisions or conditions contained in this Section or
in this Agreement specifying, or that may be interpreted, to the contrary, The
District has no obligation or duty to indemnify the City in relation to this
Agreement, and, thus, is providing no indemnity to the City. Furthermore, the
City expressly acknowledges the District will not indemnify the City and the
District has no obligation or duty to indemnify the City in relation to this
Agreement.
The obligations contained in this subsection 14(a) shall survive termination of
this Agreement.
b. In addition to and independent from the above, the District shall require its
contractor(s) and engineer(s) at the contractor(s)'s and engineer(s)'s expense, to
secure insurance coverage through an insurance company or companies duly
licensed and authorized to conduct insurance business in Montana which insures
the liabilities and obligations specifically assumed by the District's contractor(s)
or engineer(s) in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the contractor(s) or engineer(s)
retained by The District to perform its obligations under this Agreement and as
such liabilities and obligations are included in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages,
losses,and expenses that may be asserted or claimed against,recovered from,or
suffered by the City without limit and without regard to the cause therefore and
which is acceptable to the City and the District must cause to be furnished to the
City an accompanying certificate of insurance and accompanying endorsements
demonstrating such insurance is in place in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $3,000,000
annual aggregate;
• Products Completed Operations - $3,000,000;
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• Automobile Liability - $1,000,000 property damage/bodily injury per
accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual
aggregate.
In addition to the above,The District must cause its contractor to purchase and
maintain insurance in the amount of the full replacement cost of the
Improvements.This insurance must:
• Include the interests of the City,the District,and the District's contractor,
engineers, and subcontractors each of whom is deemed to have an
insurable interest and must be listed as an insured or additional insured;
• Be written on a Builder's Risk"all risk"or open peril or special causes of
loss policy form that shall at least include insurance for physical loss and
damage to Improvements, temporary buildings,false work and materials
and equipment in transit and must insure against at least the following
perils or cause of loss: fire,lighting,extended coverage,theft,vandalism,
and malicious mischief,earthquake,collapse,debris removal,demolition
occasional by enforcement of applicable laws and regulations,and water
damage (other than caused by floods);
• Include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges or engineers);
• Cover materials and equipment in transit for incorporation in the
Improvements stored at the site or at another location prior to being
incorporated into Improvements, provided that such materials and
equipment have been included in an application for payment by the
District's contractor and recommended for payment by the District's
engineers;
• Be endorsed to allow occupancy and partial utilization of the
Improvements by the District and the City;
• Include testing and start-up; and
• Be maintained in effect until final payment is made by the City to the
District unless otherwise agreed to in writing by the City with forty-five
(45) days written notice to each additional insured.
c. The above amounts shall be exclusive of defense costs.The City of Bozeman,its
officers, agents, and employees, shall be endorsed as an additional or named
insured on a primary non-contributory basis on the applicable policies. The
insurance and required endorsements must be in a form suitable to City and shall
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include no less than a forty-five (45) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to the
District commencing work. In addition to the notice of cancellation to the City
that must be included in the insurance policies, the District and its contractor(s)
and engineer(s) must notify City within two (2) business days of any of their
receipt of information that any required insurance coverage will be terminated or
of contractor(s) or engineer(s) decision to terminate any required insurance
coverage for any reason.
d. The City must receive copies of all insurance coverages and endorsements prior
to the District commencing construction of the Improvements.
13. INDEPENDENT CONTRACTOR STATUS/LABOR RELATIONS. The
parties agree the District and its contractors and subcontractors, including its
engineers,and their employees and agents are independent contractors for purposes
of this Agreement and are not to be considered employees of the City for any
purpose. As such,neither the District nor any of its contractors and subcontractors
are to be considered subject to the terms and provisions of the City's personnel
policies and may not be considered a City employee for workers' compensation or
any other purpose. The District and its contractors and subcontractors are not
authorized to represent the City or otherwise bind the City in any dealings between
them and any other party.
The District must require its contractor to comply with the applicable requirements
of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the
Occupational Disease Act of Montana,Title 39,Chapter 71,MCA,and must ensure
its contractor maintains workers' compensation coverage for all members and
employees of contractor's business, except for those members who are exempted
by law.
The District must require its contractor furnish it with copies showing one of the
following: (1) a binder for workers' compensation coverage by an insurer licensed
and authorized to provide workers' compensation insurance in the State of
Montana; or (2) proof of exemption from workers' compensation granted by law
for independent contractors. The District must provide such evidence to the City
upon the City's request.
The District must require its contractor to give preference to the employment of
bona fide Montana residents which means an individual who, at the time of
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employment and immediately prior to the time of employment, has lived in
Montana in a manner and for a time that is sufficient to clearly justify the conclusion
that the individual's past habitation in this state has been coupled with an intention
to make this state the individual's home. The District must instruct its contractor
that individuals who come to Montana solely in pursuit of a contract or an
agreement to perform labor may not be considered to be bona fide Montana
residents.
The District must require its contractor to pay wages,fringe benefits,and expenses
including travel allowances as set forth in the Montana Prevailing Wage Rage for
either Highway Construction (2017) or Heavy Construction (2017), as may be
applicable to the work performed, and as such wages are applicable to Gallatin
County,Montana. The parties agree the adopted wage schedules are incorporated
herein. In addition,The District must require its contractor to pay all hourly wage
employees on a weekly basis and to maintain payroll records during construction
and for a period of three(3)years following acceptance of all improvements by the
City. Finally,The District must require that its contractor ensure that any person,
firm or entity constructing any portion of the City Project under this Agreement for
which the District's contractor or any of its subcontractors is responsible, is paid
the applicable standard prevailing rate of wages.
In the event that,during construction of the Improvements,any labor problems or
disputes of any type arise or materialize which in turn cause any services to cease
for any period of time, the District must require its contractor to agree to take
immediate steps, at its own expense and without expectation of reimbursement
from City, to alleviate or resolve all such labor problems or disputes and that the
steps contractor shall take are to be left to the discretion of contractor; provided,
however,that the District must require the contractor to bear all costs of any related
legal action.
The District must require its contractor to indemnify, defend, and hold the City
harmless from any and all claims, demands, costs, expenses, damages, and
liabilities arising out of,resulting from,or occurring in connection with any labor
problems or disputes or any delays or stoppages of work associated with such
problems or disputes and for any claims regarding underpaid wages.
14. PERMITS. The District must require its contractor to provide all notices,comply
with all applicable laws, ordinances, rules, and regulations, obtain all necessary
permits, licenses, including a City of Bozeman business license, and inspections
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from applicable governmental authorities, and pay all fees and charges in
connection therewith.
15. LAWS AND REGULATIONS.The District must require its contractor to comply
fully with all applicable state and federal laws, regulations, and municipal
ordinances including, but not limited to, all workers' compensation laws, all
environmental laws including, but not limited to, the generation and disposal of
hazardous waste,the Occupational Safety and Health Act(OSHA),the safety rules,
codes,and provisions of the Montana Safety Act in Title 50,Chapter 71,MCA,all
applicable City, County, and State building and electrical codes, the Americans
with Disabilities Act,and all non-discrimination,affirmative action,and utilization
of minority and small business statutes and regulations.
16. NONDISCRIMINATION. The District agrees and must require its contractor to
agree that all hiring of persons performing any work on the Improvements must be
on the basis of merit and qualifications. The District agrees and must require its
contractor to agree to have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. The District agrees and must require its contractor to
agree they will not refuse employment to a person,bar a person from employment,
or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race,color,religion,creed,political ideas,sex,
age, marital status, national origin, actual or perceived sexual orientation, gender
identity,physical or mental disability,except when the reasonable demands of the
position require an age, physical or mental disability, marital status or sex
distinction. The District agrees and must require its contractor to agree that while
performing work on the Improvements the contractor will be subject to and comply
with Title VI of the Civil Rights Act of 1964; Section 140,Title 2, United States
Code, and all regulations promulgated thereunder. The District agrees and must
require its contractor to agree to require these nondiscrimination terms of its sub-
contractors working on the Improvements.
17. INTOXICANTS• DOT DRUG AND ALCOHOL REGULATIONS/SAFETY
AND TRAINING. The District must require its contractor to not permit or suffer
the introduction or use of any intoxicants,including alcohol or illegal drugs,by any
employee or agent engaged in construction of the Improvements. In addition,The
District must require its contractor to acknowledge it is aware of and shall comply
with its responsibilities and obligations under the U.S. Department of
Transportation (DOT) regulations governing anti-drug and alcohol misuse
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prevention plans and related testing. The District agrees the City shall have the
right to request proof of such compliance and that The District must have the
authority to require its contractor to furnish such proof.
The.District must require its contractor to be responsible for instructing and training
the contractor's employees and agents in proper and specified work methods and
procedures, to provide continuous inspection and supervision of the work
performed,and for instructing its employees and agents in safe work practices.
18. TAXES. The District must and agrees to require its contractor to pay all taxes of
any kind or nature and make all appropriate employee withholdings.
19. REPRESENTATIVES.
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Chuck Winn, Assistant Bozeman City Manager or such
other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to the City's
Representative and approvals or authorizations shall be issued only by such
Representative; provided,however, that in exigent circumstances when City's
Representative is not available, the District may direct its communication or
submission to other designated City personnel or agents as authorized by the
City's Director of Public Works and may receive approvals or authorization
from such persons.
b. District's Representative: The District's Representative for the purpose of this
Agreement shall be Steve Johnson, District's Deputy Superintendent of
Operations or such other individual as the District shall designate in writing.
Whenever direction to or communication with the District is required by this
Agreement,such direction or communication shall be directed to the District's
Representative; provided, however, that in exigent circumstances when the
District's Representative is not available, City may direct its direction or
communication to other designated District personnel or agents.
20. REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION. The District
agrees to develop and/or provide documentation as requested by the City
demonstrating its compliance with the requirements of this Agreement. The
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District agrees and must require its contractor to allow the City, its auditors, and
other persons authorized by the City to inspect and copy its books and records for
the purpose of verifying that the reimbursement of monies distributed pursuant to
this Agreement was used in compliance with this Agreement. The District or its
contractors may not issue any statements, releases or information for public
dissemination without prior approval of the City.
21. SEPARATE LEGAL ENTITY/ADMINISTRATION. There shall be no
separate legal entity created as a consequence of this Agreement. Administration
of this Agreement shall be the responsibility of the Chair of the District Board of
Trustees and/or designee and the Bozeman City Manager and/or designee.
22. DEFAULT/DISPUTE RESOLUTION.
a. Failure of or unreasonable delay by either party to perform any term or
provision of this agreement shall constitute a default hereunder. In the event of
alleged default or breach of any term or condition of this agreement,the party
alleging such default or breach shall give the other party not less than thirty(30)
days' written notice specifying the nature of the alleged default and the manner
in which it may be satisfactorily cured. The party charged shall not be
considered in default for purposes of termination or instigation of legal
proceedings during any such 30-day period.
b. Any claim,controversy,or dispute between the parties,their agents,employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions. If the
parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
23. NON-WAIVER. Waiver by either party of strict performance or any provision of
this Agreement shall not be a waiver of or prejudice the party's rights to require
strict performance of the same provision in the future or of any other provisions.
24. SURVIVAL. Sections 12(a) and 13 including, but not limited to, the District's
obligation to require its contractor to indemnify the City as required above and the
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indemnification provided shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
25. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the
performance of all covenants and conditions to be kept and performed under the
terms of this Agreement.
26. HEADINGS. The section headings contained herein are for convenience and
reference and are not intended to define or limit the scope of any provision of this
Agreement.
27. NOTICES. All notices required under this Agreement shall be deemed properly
served if delivered in writing,delivered in person,or sent by certified or registered
mail to the last address previously furnished by the parties hereto. Until hereafter
changed by the parties by notice in writing, notices shall be sent to the
Superintendent, Bozeman School District #7, 404 West Main St., Bozeman,
Montana 59715, and to the City Manager, City of Bozeman, PO Box 1230,
Bozeman, Montana 59771-1230. The date of mailing shall be deemed the date of
such notice and service thereof.
28. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. No alterations,modifications,or additions to this Agreement
shall be binding unless reduced to writing and signed by the parties to be charged
herewith. No covenant,term or addition to this Agreement shall be deemed waived
by either party unless such waiver shall be reduced to writing and signed by the
parties.
29. MODIFICATION AND ASSIGNABILITY. This Agreement may not be
enlarged, modified or altered except by written agreement signed by both parties
hereto. The District may not assign its rights,including the right to compensation
or delegate its duties arising hereunder,without the prior written consent of City.
30. SEVERABILITY. The provisions of this Agreement shall be deemed independent
and severable,and the invalidity,partial invalidity,or unenforceability of any one
provision or portion thereof shall not affect the validity or enforceability of any
other provision herein.
31. BINDING EFFECT. This Agreement is binding upon and inures to the benefit of
the heirs,legal representatives,successors,and assigns of the parties.
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32. NO THIRD-PARTY BENEFICIARY. Except as provided herein, this
Agreement is for the exclusive benefit of the Parties, does not constitute a third-
party beneficiary agreement, and may not be relied upon or enforced by a third
party.
33. COUNTERPARTS. This Agreement may be executed in counterparts, which
together constitute one instrument.
34. EFFECTIVE DATE. This Agreement shall be effective after approval by the
respective governing bodies. It is the intent that said Agreement shall be effective
on the date stated in the first paragraph of this Agreement.
35. RECORDATION. This Agreement shall be filed with the Gallatin County Clerk
and Recorder and Montana Secretary of State as required by Section 7-11-107,
MCA.
####END OF AGREEMENT EXCEPT FOR SIGNATURES ####
Payment Agreement for Infrastructure Improvements for Second Bozeman High School
Page 15 of 16
BOARD OF TRUSTEES
BOZEMAN SCHOOL DISTRICT 7
By:
Robert J Watson,Superintendent
ATTES/,T:
1
Michael Waterman,District Clerk
CITY OF BOZEMAN
By
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ATTEST:
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Robin Crough,City Clerk
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APPROVED FORM:
GrUgullivan,City Attorney
Payment Agreement for Infrastructure Improvements for Second Bozeman High School
Page 16 of 16
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OAK STREET
ARTERIAL IMPROVEMENTS
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EXHIBIT B
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COMMISSION RESOLUTION NO. 4250
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,ADOPTING A POLICY PROHIBITING DISCRIMINATION IN THE
ENTERING INTO AND IMPLEMENTATION OF CONTRACTS AND AGREEMENTS
OF ALL KINDS INCLUDING BIDDING AND CERTAIN PURCHASES.
WHEREAS, The City of Bozeman is a self-governing municipal corporation organized
under the laws of the State of Montana and governed by a Charter, which was effective January
1, 2008; and
WHEREAS, In November, 2009, the City of Bozeman passed and adopted Commission
Resolution Number 4217 declaring "All are welcome here," and committing to: 1) support the
diversity of the community; 2) promote inclusiveness in our public endeavors and private
actions; and 3) work to end silence and stop the spread of hate, and in so doing build just and
caring communities, congregations, workplaces, schools and homes; and
WHEREAS, on February 8, 2010, the Commission adopted Resolution 4243
establishing policies for discrimination in employment and benefits on the basis of sexual
orientation and/or gender identity,among other protected categories; and
WHEREAS, on February 8,2010 the Commission discussed options for applying similar
policies to those contained in Resolution 4243 to a variety of agreements and purchases the city
undertakes and directed the city staff to prepare a final proposal for ensuring the city and its
contracting partners do not discriminate on the basis of a variety of categories related to
individuals; and
WHEREAS, the Commission finds that creation of these policies will serve the public
interest by ensuring the City of Bozeman does not discriminate on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation,
gender identity or disability; and
WHEREAS, the Commission recognizes circumstances may arise in the implementation
of this policy that will warrant special exceptions; as such,the Commission reserves for itself the
determination of when an exception to the policy described below may be made; and
Resolution 4251):folic} Prohibiting Discrimination in C oniracting anti Other Agreements
Page I of 3
WHEREAS, the Commission requests the City Manager implement this policy through
administrative policies or through a formal administrative order so that this policy will be
distributed to all City personnel and implemented expeditiously upon adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the following policy related to discrimination in City contracts and
other agreements is hereby adopted:
Section l: Policy for Discrimination in City Agreements
All written agreements including but not limited to collective bargaining agreements,
contracts, and leases, entered into by the City, including agreements for professional
services and sole source services, shall include a provision prohibiting discrimination in
the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital
status, national origin, or actual or perceived sexual orientation, gender identity or
disability. The provision shall clearly indicate that the contracting entity or individual will
ensure this obligation pertains to the hiring and treatment of the contractor's employees and
to all subcontracts.
The above requirement shall apply to all purchases of goods and equipment only where the
City enters into a signed written agreement, other than a purchase order or receipt, for the
purchase.
All requests for proposals (RFP), requests for qualifications (RFQ) and all other notices
soliciting bids for construction, services, or any other contracted service, shall include a
provision requiring every submitting entity to affirm it will not discriminate as described
herein and recognize the eventual contract will prohibit discrimination as described herein.
If an entity submitting a bid on a project does not affirm in its submittal that it will comply
with this requirement,the City shall consider the submitter non-responsive.
Agreements for the expenditure of public funds which include a legal anti-discrimination
requirement other than that required by the City, such as a federal or state requirement,
must include the discrimination provision required by the federal or state law, as
appropriate. If the federal or state requirement does not include a discrimination category
listed herein such as sexual orientation or gender identity the agreement must be amended
or an addendum.executed to include the missing category.
The above requirement does not apply to the City's issuance of general licenses such as
business or pet licenses nor shall it apply to general or special permits or entitlements
issued by the City. In addition, these requirements do not apply when the City enters into
Resolution 4250:Polic} Prohibiting Discrimination in Contracting and Other Agreements
Page 2 of 3
agreements to provide services such as garbage or recycling services, to another entity or
individual.
Section 2: Exceptions to be Made by Commission
Exceptions to this policy may be made by the City Commission on a case-by-ease basis.
Section 3: Implementation by City Manager
The City Manager shall implement this policy through administrative policies or through
administrative order.
Dated this 29"' day of March, 2010.
JEFF Y USS
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ATTEST:
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STA ; E1 CMG d
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City
APPROVED AS TO FORM:
GR SULLIVAN
City Attorney
ResolUtion 4250:Police Prohibiting Discrimination in Contracting and Other Agreements
Page 3 of 3
EXHIBIT C
Description Cottonwod Road Oak Street Cottonwood/Oak Roundabout
Design Services $57,500 $39,500 $93,500
Construction Admin.&Inspection $87,500 $78,500 $144,500
Permit Fees $7,874 $6,857 $13,169
Construction $1,013,793 $882,806 $1,695,603
Subtotal $1,166,667 $1,007,663 $1,946,772
Total+10%Contingency $1,283,334 $1,108,429 $2,141,450
BSD7 Contribution Percentage 96% 33% 0%
COB Contribution Percentage 4% 67% 100%
BSD7 Financial Contribution $1,232,000 $365,782 $0
COB Financial Contribution $51,3331 $742,6471 $2,141,450
Project Entity Share Cost
Cottonwood Road School District 96% $1,232,000
City 4% $51,333
Oak Street School District 33% $365,782
City-Sports Park 33% $365,782
City-Impact Fees 34% $376,866
Roundabout at Oak&Cottonwood School District 0% $0
City-Impact Fees 80% $1,713,160
City-Arterial&Collector District 20% $428,290
Total Cost $4,533,212
Description Cottonwod Road Oak Street Cottonwood/Oak Roundabout
Design Services $57,500 $39,500 $93,500
Construction Admin. & Inspection $87,500 $78,500 $144,500
Permit Fees $7,874 $6,857 $13,169
Construction $1,013,793 $882,806
$1,695,603
Subtotal $1,166,667 $1,007,663 $1,946,772
Total + 10%Contingency $1,283,334 $1,108,429 $2,141,450
BSD7 Contribution Percentage 96% 33% 0%
COB Contribution Percentage 4% 67% 100%
BSD7 Financial Contribution $1,232,000 $365,782 $0
COB Financial Contribution $51,333 $742,647 $2,141,450
Project Entity Share Cost
Cottonwood Road School District 96% $1,232,000
City 4% $51,333
Oak Street School District 33% $365,782
City-Sports Park 33% $365,782 ✓
City- Impact Fees 34% $376,866
Roundabout at Oak&Cottonwood School District 0% $0
City- Impact Fees 80% $1,713,160 ✓
City-Arterial &Collector District 20% $428,290 ✓
Total Cost I 1 1 $4,533,212