HomeMy WebLinkAbout02-08-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Webex Videoconference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Tonkovich)
F.2 Appoint a sub-committee of two commissioners to review pledged securities as of
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, February 8, 2022
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You may also send the above information via text to 406-224-3967. As always, the meeting will be
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December 31, 2021(Rosenberry)
F.3 Authorize the City Manager to Sign two Drainage Easements and two Release and
Reconveyance of Easements with Carl and Sue Olsen for the Olsen – Rostad Subdivision
Exemption, Application 21317(Schultz)
F.4 Authorize the City Manager to Sign a Utility Easement with 302 Partners LLC for N 3rd
Duplexes Site Plan (21204)(Paz-Solis)
F.5 Authorize the City Manager to Sign a Drainage Easement with Montana State University
Innovation Campus C/O MSU Alumni Foundation for the Industry Bozeman (21304)(Paz-
Solis)
F.6 Authorize the City Manager to Sign the Stormwater Annual Report, Memorandum of
Understanding with MSU, and Change of Stormwater Coordinator Forms(Oliver)
F.7 Authorize the City Manager to Sign a Contract for General Contractor / Construction
Manager Services for the Relocation of Fire Station 2(Henderson)
F.8 Authorize City Manager to Sign a Professional Service Agreement with Morrison Maierle for
Structural Assessments at Lindley Center and the Swim Center(Gray)
F.9 Authorize the City Manager to Sign a First Amendment to the Professional Services
Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in
the Parks and Trails District(Kline)
F.10 Authorize the City Manager to Sign a First Amendment to the Professional Services
Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the
Parks and Trails District(Kline )
F.11 Authorize the City Manager to Sign Task Order 2 with Walker Consultants for On-going
Services Related to the Parking Term Contract and Paid Parking Implementation(Veselik)
F.12 Resolution 5373 Authorizing the City Manager to Enter into a Memorandum of
Understanding with the Gallatin Alliance for Pathways for the Frontage Pathway Trails,
Open Space, and Parks Bond Project(Jadin)
F.13 Ordinance 2097, Provisional Adoption to Rezone 1.25 Acres from M-1, Light Industrial, to B-
2M, Community Business District-Mixed, Application 21319, Property Located on the South
Corner of E Avocado Street and Plum Avenue(Hyde)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
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H.Action Items
H.1 2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map from R-4 High
Density Residential to B-3 Downtown Business District on 0.98 Acres Located at 217 W
Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Application 21356(Saunders)
H.2 Riverside Annexation and Zone Map Amendment Establishing Initial Zoning of R-1,
Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density
on Approximately 57.5 Acres Located North of the E. Gallatin River and on Either Side of
Spring Hill Road, Application 21-426(Saunders)
H.3 Billings Clinic Annexation and Zone Map Amendment Requesting 4.239 Acres of B-2 Zoning,
Located Southeast of the Intersection of Davis Lane and Westlake Road, Application
20132(Miller)
I.FYI / Discussion
J.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Kathleen Tonkovich, Accounts Payable Clerk
Anna Rosenberry, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing.
Report compiled on: January 27, 2022
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Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
Anna Rosenberry, Assistant City Manager
SUBJECT:Appoint a sub-committee of two commissioners to review pledged securities
as of December 31, 2021
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:
Appoint Mayor Andrus and Commissioner Madgic to review the depository
bonds and pledged securities as of December 31, 2021.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
describing and identifying both the securities substituted and those released
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and returned to the depository financial institution.
Section 7-6-207 (2), MCA requires the City Commission to approve pledged
securities at least quarterly. The Commission appoints two commissioners
quarterly on a rotating basis.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:None
Attachments:
Depository Bonds & Securities 1221.pdf
Report compiled on: January 26, 2022
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DEPOSITORY BONDS AND SECURITIES
AS OF
December 31, 2021
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
Federal Deposit Insurance Corporation-CD $ 250,000.00
LOC-FHLB Cincinnati 10/15/2021 555391 $ 17,000,000.00
TOTAL – US Bank $ 17,500,000.00
FIRST SECURITY BANK
All Accounts
Federal Deposit Insurance Corporation $ 250,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00
TOTAL - First Security Bank $ 2,670,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of the First Security Bank and US Bank, for the Depository Bonds
held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2021,
by the banks of Bozeman and approve and accept the same.
_____________________________________________
CYNTHIA L. ANDRUS, Mayor
_______________________________________ _______________________________________
TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner
_______________________________________ _______________________________________
CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner
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PLEDGED SECURITIES AND CASH IN BANK
As of
December 31, 2021
US BANK
Total Cash and CD's on Deposit $4,216,963.60
FDIC Coverage $500,000.00
Amount Remaining $3,716,963.60
Pledges Required 104% $3,865,642.14
Actual Pledges $17,000,000.00
Over (Under) Pledged $13,134,357.86
FIRST SECURITY BANK
CD's $2,039,059.96
FDIC Coverage $250,000.00
Amount Remaining $1,789,059.96
Pledges Required 50% $894,529.98
Actual Pledges $2,420,000.00
Over (Under) Pledged $1,525,470.02
REFERENCE: Section 7-6-207, M.C.A.
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Memorandum
REPORT TO:City Commission
FROM:Mikaela Schultz, Engineer I
SUBJECT:Authorize the City Manager to Sign two Drainage Easements and two
Release and Reconveyance of Easements with Carl and Sue Olsen for the
Olsen – Rostad Subdivision Exemption, Application 21317
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign two Drainage Easements and two
Release and Reconveyance of Easements with Carl and Sue Olsen for the
Olsen – Rostad SE (21317).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Drainage Easement Lot 14A
Drainage Easement Lot 15A
Release and Reconveyance of Easement Lot 14
Release and Reconveyance of Easement Lot 15
Report compiled on: January 24, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
SUBJECT:Authorize the City Manager to Sign a Utility Easement with 302 Partners LLC
for N 3rd Duplexes Site Plan (21204)
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with 302 Partners LLC
for N 3rd Duplexes SP (21204).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:None
Attachments:
Utility Easement
Report compiled on: January 24, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
SUBJECT:Authorize the City Manager to Sign a Drainage Easement with Montana
State University Innovation Campus C/O MSU Alumni Foundation for the
Industry Bozeman (21304)
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement with Montana State
University Innovation Campus C/O MSU Alumni Foundation for the Industry
Bozeman (21304).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Drainage Easement
Report compiled on: January 24, 2022
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Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
SUBJECT:Authorize the City Manager to Sign the Stormwater Annual Report,
Memorandum of Understanding with MSU, and Change of Stormwater
Coordinator Forms
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Authorize the City Manager to sign the Stormwater Annual Report,
Memorandum of Understanding with MSU, and Change of Stormwater
Coordinator forms.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On June 25th, 2012, Commissioners adopted Ordinance 1831 creating a
stormwater utility. An annual report is produced by staff each year that
details the programs Stormwater Division is responsible for, tracks progress
and water quality, and inventories stormwater infrastructure. This report is
required by the MS4 Permit which is issued by The Montana Department of
Environmental Quality (DEQ). The annual report requires the City Manager's
signature, and is attached.
Because of our proximity and connected systems, Montana State University
(MSU) and the City of Bozeman are co-permitees on the MS4 Permit. The
MS4 Permit requires written documentation of the responsibilities to be
carried out be each co-permitee. MSU and the City have an excellent history
of cooperation, which will be made official by this document to be
submitted with the annual report. This memorandum of understanding
(MOU), attached, outlines the responsibilities of each co-permitee in regard
to compliance with the MS4 Permit.
Last, a document is attached to the annual report which updates DEQ with
the current Stormwater Program Coordinator and contact information. It
also requires a signature by the City Manager and is attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
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FISCAL EFFECTS:The Stormwater Division is funded by an enterprise fund including MSU as a
utility ratepayer within the City. No additional costs are associated with the
annual report, MOU or change in stormwater program coordinator form.
Attachments:
MS4 stormwater MOU.pdf
COB 2021 stormwater annual report.pdf
Change of Storm Water Coordinator 2022.pdf
Report compiled on: January 27, 2022
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COB and MSU Memorandum of Understanding Page | 1
MEMORANDUM OF UNDERSTANDING
between
The City of Bozeman
and
Montana State University
for
General Permit for Stormwater Discharges Associated with Small Municipal
Separate Storm Sewer Systems (MS4) Compliance and Storm Sewer Operation
This Memorandum of Understanding (MOU) made this ____ day of ____________ , 2022,
between the City of Bozeman (COB) and Montana State University (MSU), collectively referred
to as the “Parties”, addresses areas of shared responsibility regarding the Montana Department
of Environmental Quality (MDEQ) General Permit for Stormwater Discharges Associated with
Small Municipal Separate Storm Sewer Systems (MS4 Permit) and storm sewer operation.
WHEREAS, the MDEQ requires the Parties to mitigate pollutants entering their storm sewers by
implementing respective Stormwater Management Programs (SWMP) that include best
management practices designed, installed, and maintained per sound engineering, hydrologic,
and pollution control practices.
WHEREAS, the Parties are co-permittees, as authorized under Montana ARM 17.30.111(3) and
ARM 17.30.111(7), and share select responsibility for the completion of defined SWMP activities.
WHEREAS, the MDEQ requires co-permittees to document shared activities and specifically
requires them to have an MOU and organizational charts in order to be compliant with the MS4
Permit.
WHEREAS, MSU owns and operates storm sewers located on its property, which contains
drainage basins and conveyances connected to COB infrastructure.
WHEREAS, MSU is a utility customer of the COB and pays monthly stormwater service fees.
NOW THEREFORE, in consideration of the mutual understandings contained herein, the Parties
agree as follows:
1. The COB shall:
a. Provide a single contact point, unless otherwise designated.
b. Request permission 24 hours before completing any task on MSU property.
c. Facilitate and document regular coordination meetings.
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COB and MSU Memorandum of Understanding Page | 2
d. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
e. Update MSU’s stormwater service fees each fiscal year.
f. Provide SWMP technical assistance and compliance support upon request.
g. Deliver an updated copy of the Management Plan to MSU annually.
2. MSU shall:
a. Provide a single contact point, unless otherwise designated.
b. Participate in regular coordination meetings.
c. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
d. Deliver information, review, and approve the Management Plan annually.
e. Provide parking and access for COB vehicles and equipment.
3. EFFECTIVE DATE AND DURATION:
The Parties agree that this MOU shall be effective on the date of its execution and shall
continue for a period of five (5) years. The Parties may terminate this MOU at any time
upon mutual written agreement. The Parties may extend the MOU for such additional
period of time and under such terms as agreed upon in writing.
4. FEES FOR SERVICES:
The Parties agree that no fees for services performed under this MOU shall be applied,
other than the COB’s stormwater service charge applied to MSU.
5. INDEMNIFICATION:
The Parties agree to indemnify, defend, and hold harmless the other, their officers, agents
and employees from and against any and all claims, losses, liabilities or damages and costs
of its officers, agents, employees, and subcontractors.
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COB and MSU Memorandum of Understanding Page | 3
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their authorized
representatives, on the day and year first written above.
CITY OF BOZEMAN
(Signature)
(Title)
_______
(Printed Name)
MONTANA STATE UNIVERSITY
(Signature)
_____________________________________
(Title)
____ _____________
(Printed Name)
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Appendix A
Roles in the MS4 Permit
Administrative – SWMP Sec. 1.0
COB and MSU points of contact will establish meetings quarterly. On an annual basis, both Parties will
update the GIS records and corresponding ratepayer records. This data review will also tie into the
mapping required by MCM’s 3 and 5.
MCM’s 1 and 2: Public Education, Outreach, Involvement, and Participation
a. Each Party will maintain a website, on the internet, separately and individually.
b. The Parties will separately identify Key Target Audiences for stormwater outreach and
education.
c. The Parties will separately select the outreach formats per the MS4 permit.
d. Perform outreach and public involvement separately, while looking for areas of overlap.
MCM 3: Illicit Discharge Detection and Elimination
a. Each Party will review categories of non-stormwater discharges, and identify which are
significant contributors of pollutants.
b. Each Party will create, update, and store an inventory of their infrastructure. They will meet
annually to review this information.
c. COB will make infrastructure information publicly available on the internet.
d. Each Party will develop and update a Corrective Action Plan to address illicit discharges. Initial
response will be the responsibility of each Party in their respective area. Minor spills will be
dealt with by the respective SWMP Coordinator, while major spills will be routed through 911
and then to the appropriate agency. The Parties have an existing emergency services contract,
allowing City of Bozeman emergency services to respond to major spills in both jurisdictions.
e. COB staff will perform dry weather screening field inspection of all outfalls as outlined in the
MS4 permit, including those on MSU property. COB will provide relevant field forms to MSU in a
timely fashion. Record keeping, reporting, prioritization, and illicit discharge resolution will be
the responsibility of each Party separately.
MCM 4: Construction Site Storm Water Management
a. Each Party will separately require construction site stormwater management plans and controls
on regulated projects.
b. Each Party will separately review stormwater management plans, using a checklist, for
compliance with technology based effluent limitations contained within the most recent
Construction General Permit.
c. Each Party will separately inspect regulated projects using a site inspection checklist.
d. Because of the status of COB as a traditional MS4 and MSU as a non-traditional MS4, ordinances
and policies will be addressed separately.
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MCM 5: Post-Construction Site Storm Water Management
a. Each Party will separately require post-construction stormwater management controls on
regulated projects.
b. Each Party will separately develop and implement a plan review checklist.
c. Each Party will separately maintain and update an inventory of post-construction controls
annually. See MCM 3 b and c above.
d. City of Bozeman and MSU will jointly complete a high-priority post-construction control analysis.
e. COB will conduct field inspections on MSU owned high-priority post-construction controls
annually.
f. COB will provide field reports and maintenance recommendations for MSU high-priority post-
construction controls.
g. Maintenance and record keeping will be the responsibility of MSU for their post-construction
facilities.
MCM 6: Pollution Prevention and Good Housekeeping
a. The Parties will work together to identify facilities and activities per the most current MS4
Permit.
b. COB staff will conduct field inspections of activities and facilities.
c. COB will provide field inspection reports to MSU for identified facilities and activities.
d. The Parties will be separately responsible for final documentation, SOG development, and SOG
training.
e. COB will maintain a map of identified COB and MSU facilities.
f. MSU will provide COB good housekeeping information found in SWMP Section 7 about source
load reduction.
Monitoring
Bozeman has a specialist who focuses on this requirement. It will be most efficient for COB staff to
continue to set up and monitor sites as required by the MS4 permit and submitted sampling plan. COB
will provide monitoring results.
Program Effectiveness Assessment
Each Party will perform this assessment based on required BMPs in each minimum control measure that
have been adjusted or modified throughout the permit cycle. Outcomes, such as reducing pollutant
loads, will be addressed together where possible.
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WATER PROTECTION BUREAU
Agency Use
MTR04_____________
Date Rec’d:
Amount Rec’d:
Check No.:
Rec’d By:
FORM MS4-AR
MPDES Storm Water Small MS4 Annual Report Form
Reporting period is for the calendar year, January 1st through December 31st. Check one. Annual Report is due by March 1st of the following year.
2017 2018 2019 2020 2021
Instructions: This Annual Report Form is to be completed by each permittee and co-permittee authorized to discharge storm water under the General Permit for Storm Water Discharges Associated with Small Municipal Separate Storm Water Sewer Systems (MS4s). All authorized permittees and co-permittees are required to complete this Annual Report Form
for each calendar year reporting period. For co-permittees authorized under one permit
authorization or for co-permittees with multiple authorizations, you are required to complete this form and submit separate required documents/information exclusively for your respective regulated Small MS4 area(s). This completed Annual Report Form must be electronically
submitted to the Montana Department of Environmental Quality, Water Protection Bureau.
Electronic submission is required through the web-based tool: NetDMR. Additional
information is located on DEQ’s website: http://deq.mt.gov/Water/WQINFO/ctss/netdmr.
Small MS4 Authorization Number: MTR04_________________
Small MS4 Classification Traditional Non-Traditional
Small MS4 Name:
Small MS4 Mailing Address:
City, State, and Zip Code:
Small MS4 Contact Person (and Title):
Mailing Address:
City, State, and Zip Code:
Phone Number: ( ) E-mail address:
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Storm Water Management Team: Attach an organizational chart identifying a primary SWMP coordinator and the positions responsible for implementing each minimum measure.
Requested above chart: Attached Not Attached
Has the permittee established and executed a formalized mechanism for
regular communication between storm water management team members? Yes No
Permittee’s SWMP Resources:
How many FTEs does the permittee designate to the MS4 permit? _____ If needed, provide an
explanation.
If more space is needed, submit on an additional page with corresponding reference or on a data storage device.
Answer the following five (5) questions on an additional page with corresponding reference or
on a data storage device. (1) What are the source(s) of funding for implementation of the MS4 permit and the estimated
percentage of the total budget allocated from each source listed?
(2) Specific to the annual reporting calendar year, how did the permittee justify commitment of resources or budget allocations to the implementation of the MS4 permit to decision-makers and the
public? Provide a summary of meetings and outcomes held with decision-makers and the public.
(3) Has the permittee demonstrated program effectiveness to obtain budget allocations for this
annual reporting calendar year or previous years? Why or why not? If so, what program effectiveness metrics were presented?
(4) How was this annual reporting calendar year’s approach to allocate resources different than the previous year’s approach?
(5) Was the permittee successful in their request for budget allocations? Describe the outcome and
factors that affected or resulted in that outcome.
Illicit Discharge Detection & Elimination:
Per the IDDE MCM requirement (Part II (3)(c.i)), has the permittee reviewed, and updated if needed, the storm sewer map during the calendar year?
Yes No
Per the IDDE MCM requirement (Part II (3)(e.i)), has the permittee dry
weather inspected and screened outfalls during the calendar year? Yes No
Fill in the blanks with numbers. The permittee has inspected ______ outfalls during this calendar
year. Since authorization under the 2017 General Permit, the permittee has inspected ______ total outfalls out of the ______ total MS4 outfalls.
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Per the Illicit Discharge Detection & Elimination MCM (Part II (3)(e.i)), the
permittee will complete the requirement to inspect and screen all outfalls
during dry weather by the end of the permit cycle.
Yes No
Construction Site Storm Water Management: During the calendar year, how many construction
storm water management plan reviews were completed (Part II (4)(b))? ______________
During the calendar year, how many construction projects were inspected for their storm water management controls (Part II (4)(c))? ______________
Pollution Prevention/Good Housekeeping for Permittee Operations: Has the permittee reviewed, and updated if needed, the inventory of
permittee-owned/operated facilities and activities (Part II (6)(a.i))?
Yes No
Has the permittee reviewed, and updated if needed, the map that identifies
the locations of facilities and known locations of activities (Part II (6)(a.ii))? Yes No
Has the permittee conducted annual storm water pollution prevention
training for permittee staff during the next permit year after development of each standard operating procedure (Part II (6)(a.v))?
*Not applicable during calendar year 2017, 2018, and 2019. Check “No” during these years.*
Yes No
Training: According to Part II (B) Training requirements, has the permittee
conducted applicable training during the 1st and 4th calendar years?
*Not required during calendar year 2018, 2019, and 2021. Check “No” during these years.*
Yes No
According to Part II (B) Training requirements, has the permittee conducted
applicable new employee training within 90 days of the hire date? Yes No
Special Conditions: Per Pre-TMDL Approval (Part III.A) requirements, attach the required
information regarding identification of all outfalls that discharge to impaired waterbodies, the
impaired waterbodies, and the associated pollutants of impairments. Summarize the BMPs implemented over the reporting period and a schedule of BMPs planned for the following year.
Attached Not Attached Not Applicable
Special Conditions: Approved TMDLs (Part III.B) requirements per calendar year below.
Calendar Year 2017: The permittee has attached a Sampling Plan that includes strategy rationale,
monitoring frequency, monitoring parameters, and monitoring locations.
Attached Not Attached Not Applicable
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Calendar Year 2017: The permittee has attached all outfalls that discharge to impaired waterbodies
and the associated pollutants of impairment.
Attached Not Attached Not Applicable
Calendar Year 2018: The permittee has attached all outfalls that discharge to impaired waterbodies
and the associated pollutants of impairment.
Attached Not Attached Not Applicable
Calendar Year 2019: The permittee has attached all outfalls that discharge to impaired waterbodies
and the associated pollutants of impairment.
Attached Not Attached Not Applicable
Calendar Year 2020: The permittee has attached all outfalls that discharge to impaired waterbodies
and the associated pollutants of impairment.
Attached Not Attached Not Applicable
Calendar Year 2020: The permittee has attached the TMDL section of the SWMP that identifies
the measures and BMPs it plans to implement, describes the MS4’s impairment priorities and long
term strategy, and outlines interim milestones for controlling the discharge of the pollutants of concern and making progress towards meeting the TMDL.
Attached Not Attached Not Applicable
Calendar Year 2021: The permittee has attached all outfalls that discharge to impaired waterbodies and the associated pollutants of impairment.
Attached Not Attached Not Applicable
Calendar Year 2021: The permittee has evaluated the TMDL section of the SWMP based on
monitoring results. The section has been revised, if needed, and is attached.
Attached Not Attached Not Applicable
Monitoring: Per requirements in Part IV (B), has the permittee attached monitoring results,
calculations, and evaluations?
Attached Not Attached Not Applicable
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INSTRUCTIONS: The permittee will only fill out the Annual Report
Attachments section below that corresponds to the calendar in which an Annual
Report is being submitted for. Attach the requested documents/information.
2017 Annual Report Attachments (1st Calendar Year)
Public Education and Outreach:
Per requirements a.i in the referenced MCM, attach the required information regarding key target audiences and associated pollutants.
Attached Not Attached
Public Involvement and Participation:
Per requirements a.i in the referenced MCM, attach the required information regarding the public
involvement approach and schedule of each key audience.
Attached Not Attached
Illicit Discharge Detection & Elimination:
Per requirements a.i in the referenced MCM, attach the required information regarding categories of
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements b.i in the referenced MCM, attach the required information regarding occasional
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements f.i in the referenced MCM, attach the required Illicit Discharge Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached
Construction Site Storm Water Management:
Per requirements a.iii in the referenced MCM, attach progress towards an Enforcement Response Plan and associated documents.
Attached Not Attached
Specific to Traditional MS4s and per requirements b.i in the referenced MCM, attach the construction storm water management plan review checklist.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements b.iii in the referenced MCM, attach the
construction storm water management plan review checklist.
Attached Not Attached Not applicable
Specific to Traditional MS4s and per requirements c.i in the referenced MCM, attach the
construction storm water management inspection form or checklist.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements c.ii in the referenced MCM, attach the
construction storm water management inspection form or checklist.
Attached Not Attached Not applicable
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Post-Construction Site Storm Water Management in New and Redevelopment
Specific to Traditional MS4s and per requirements b.i in the referenced MCM, attach the post-
construction storm water management plan review checklist.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements b.ii in the referenced MCM, attach the post-
construction storm water management plan review checklist.
Attached Not Attached Not applicable
Per requirements in b.iii in the referenced MCM, attach the performance standards and associated
documents.
Attached Not Attached
2018 Annual Report Attachments (2nd Calendar Year)
Public Education and Outreach:
Per requirements b.i in the referenced MCM, attach the required information regarding outreach
messages.
Attached Not Attached
Per requirements c.i in the referenced MCM, attach the required information regarding a description of formats, distribution channels and schedule for key target audiences.
Attached Not Attached
Public Involvement and Participation:
Per requirements a.ii in the referenced MCM, attach the required information regarding participation
and key target audience feedback on approaches.
Attached Not Attached
Illicit Discharge Detection & Elimination:
Per requirements a.i in the referenced MCM, attach the required information regarding categories of
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements b.i in the referenced MCM, attach the required information regarding occasional
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Specific to Traditional MS4s and per requirements d.i in the referenced MCM, attach the adopted ordinance or other regulatory mechanism to prohibit illicit discharges.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements d.ii in the referenced MCM, attach the summary of legal authority to prohibit illicit discharges.
Attached Not Attached Not applicable
Per requirements d.iii in the referenced MCM, attach the required summary of the cooperative agreements.
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Attached Not Attached
Per requirements d.iv in referenced MCM, attach the Enforcement Response Plan and associated
documents.
Attached Not Attached
Per requirements e.ii in referenced MCM, attach the list of high priority outfalls.
Attached Not Attached
Specific to Traditional MS4s and per requirements f.iii in the referenced MCM, attach the summary
of investigations conducted and corrective actions taken per the required Illicit Discharge
Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements f.iv in the referenced MCM, attach the summary of investigations conducted and corrective actions taken per the required Illicit Discharge Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Post-Construction Site Storm Water Management in New and Redevelopment
Specific to Traditional MS4s and per requirements c.i in the referenced MCM, attach the post-construction storm water management inspection form or checklist.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements c.ii in the referenced MCM, attach the post-
construction storm water management inspection form or checklist.
Attached Not Attached Not applicable
Per requirements in c.iii in the referenced MCM, attach the inventory of all new permittee-owned
and private post-construction storm water management controls.
Attached Not Attached
Per requirements in c.vi in the referenced MCM, attach an inspection frequency protocol.
Attached Not Attached
Specific to Traditional MS4s and per requirements c.vii, attach the developed inspection program.
Attached Not Attached Not applicable
Pollution Prevention/Good Housekeeping for Permittee Operations
Per requirements in a.iii in the referenced MCM, attach completed Standard Operating Procedures.
Attached Not Attached
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2019 Annual Report Attachments (3rd Calendar Year)
Public Education and Outreach:
Per requirements c.ii in the referenced MCM, attach the required information regarding outreach
materials distributions.
Attached Not Attached
Public Involvement and Participation:
Per requirements a.ii in the referenced MCM, attach the required information regarding participation
and key target audience feedback on approaches.
Attached Not Attached
Illicit Discharge Detection & Elimination:
Per requirements a.i in the referenced MCM, attach the required information regarding categories of
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements b.i in the referenced MCM, attach the required information regarding occasional
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements e.ii in referenced MCM, attach the list of high priority outfalls.
Attached Not Attached
Per requirements e.iii in referenced MCM, attach the required summary of screening results.
Attached Not Attached
Specific to Traditional MS4s and per requirements f.iii in the referenced MCM, attach the summary
of investigations conducted and corrective actions taken per the required Illicit Discharge
Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements f.iv in the referenced MCM, attach the
summary of investigations conducted and corrective actions taken per the required Illicit Discharge Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Construction Site Storm Water Management:
Specific to Traditional MS4s and per requirements a.i in the referenced MCM, attach the adopted ordinance or other regulatory mechanism to require construction storm water controls.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements a.ii in the referenced MCM, attach the legal
authority summary.
Attached Not Attached Not applicable
Per requirements a.iii in the referenced MCM, attach the adopted Enforcement Response Plan and
associated documents.
Attached Not Attached
Post-Construction Site Storm Water Management in New and Redevelopment
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Per requirements in c.viii in the referenced MCM, attach findings and compliance actions regarding
inspections of high priority post-construction storm water management controls.
Attached Not Attached
Specific to Traditional MS4s and per requirements c.ix, attach the findings and resulting actions
regarding inspections of high priority privately-owned post-construction storm water management controls.
Attached Not Attached Not applicable
Pollution Prevention/Good Housekeeping for Permittee Operations
Per requirements in a.iii in the referenced MCM, attach the completed Standard Operating Procedures.
Attached Not Attached
2020 Annual Report Attachments (4th Calendar Year)
Public Education and Outreach:
Per requirements c.ii in the referenced MCM, attach the required information regarding outreach
materials distributions.
Attached Not Attached
Public Involvement and Participation:
Per requirements a.ii in the referenced MCM, attach the required information regarding participation
and key target audience feedback on approaches.
Attached Not Attached
Illicit Discharge Detection & Elimination:
Per requirements a.i in the referenced MCM, attach the required information regarding categories of
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements b.i in the referenced MCM, attach the required information regarding occasional
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements e.ii in referenced MCM, attach the list of high priority outfalls.
Attached Not Attached
Per requirements e.iii in referenced MCM, attach the required summary of screening results.
Attached Not Attached
Specific to Traditional MS4s and per requirements f.iii in the referenced MCM, attach the summary
of investigations conducted and corrective actions taken per the required Illicit Discharge
Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements f.iv in the referenced MCM, attach the
summary of investigations conducted and corrective actions taken per the required Illicit Discharge
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Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Post-Construction Site Storm Water Management in New and Redevelopment
Specific to Traditional MS4s and per requirements a.i in the referenced MCM, attach the adopted
ordinance or other regulatory mechanism to require post-construction storm water controls.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements a.ii in the referenced MCM, attach the legal
authority summary.
Attached Not Attached Not applicable
Per requirements in a.iii in the referenced MCM, attach the Enforcement Response Plan and
associated documents.
Attached Not Attached
Per requirements in c.viii in the referenced MCM, attach findings and compliance actions regarding
inspections of high priority post-construction storm water management controls.
Attached Not Attached
Specific to Traditional MS4s and per requirements c.ix, attach the findings and resulting actions regarding inspections of high priority privately-owned post-construction storm water management controls.
Attached Not Attached Not applicable
Per requirements in d.i in the referenced MCM, attach a summary of the discussion outcomes.
Attached Not Attached
Pollution Prevention/Good Housekeeping for Permittee Operations
Per requirements in a.iii in the referenced MCM, attach the completed Standard Operating Procedures.
Attached Not Attached
2021 Annual Report Attachments (5th Calendar Year)
Public Education and Outreach:
Per requirements c.ii in the referenced MCM, attach the required information regarding outreach
materials distributions.
Attached Not Attached
Public Involvement and Participation:
Per requirements a.ii in the referenced MCM, attach the required information regarding participation
and key target audience feedback on approaches.
Attached Not Attached
Illicit Discharge Detection & Elimination:
Per requirements a.i in the referenced MCM, attach the required information regarding categories of
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
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Attached Not Attached
Per requirements b.i in the referenced MCM, attach the required information regarding occasional
non-storm water discharges or flows, associated pollutants, and local controls or conditions.
Attached Not Attached
Per requirements e.ii in referenced MCM, attach the list of high priority outfalls.
Attached Not Attached
Per requirements e.iii in referenced MCM, attach the required summary of screening results.
Attached Not Attached
Specific to Traditional MS4s and per requirements f.iii in the referenced MCM, attach the summary
of investigations conducted and corrective actions taken per the required Illicit Discharge
Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Specific to Non-Traditional MS4s and per requirements f.iv in the referenced MCM, attach the
summary of investigations conducted and corrective actions taken per the required Illicit Discharge Investigation and Corrective Action Plan and any associated documents.
Attached Not Attached Not applicable
Post-Construction Site Storm Water Management in New and Redevelopment
Per requirements in c.viii in the referenced MCM, attach findings and compliance actions regarding inspections of high priority post-construction storm water management controls.
Attached Not Attached
Specific to Traditional MS4s and per requirements c.ix, attach the findings and resulting actions regarding inspections of high priority privately-owned post-construction storm water management
controls.
Attached Not Attached Not applicable
Pollution Prevention/Good Housekeeping for Permittee Operations
Per requirements in a.iii in the referenced MCM, attach completed Standard Operating Procedures.
Attached Not Attached
Attach any updates, changes, or improvements to the Small MS4 Storm Water Management
Program per requirements in Part IV (E).
Attached Not Attached Not applicable
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Annual Report Form Signature
This Annual Report Form must be completed, signed, and certified as follows:
• For a corporation, by a principal officer of at least the level of vice president;
• For a partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or
For a municipality, state, federal, or other public facility, by either a principal executive officer or rankin elected official.
All Permittees Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the persons who
manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA].
Certification of this form indicates conformance with the 2017 General Permit for Storm Water
Discharge Associated with Small Municipal Separate Storm Sewer Systems and the required Annual Reporting upon receipt of permit coverage.
Name (Type or Print)
Title (Type or Print) Phone Number
Signature Date Signed
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1
Facility Stormwater Pollution Prevention Plan
City Parking Garage and Parking Lots (4)
Downtown Bozeman
Bozeman, Montana 59771
2021 Report
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the Public Parking Garage and four Public Parking
Lots (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Alston, Water, Sewer, and Stormwater Superintendent
Leader: Josh Watson, Signs and Signals Foreman
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The City parking facilities include a Parking Garage and four Parking Lots. All the City parking facilities are
located in the downtown area. The City parking facilities function similarly regarding stormwater, so all
five sites are included in this FSWPPP. Specifically, all the City parking lot facilities are comprised of
stabalized parking surfaces that drains stormwater to the City’s stormdrain infrastrucutre.
The Parking Garage includes two pre-treatment technologies: a sand/oil separator and a hydrodynamic
separator. The Parking Garage has two drainage basins:
a. Drainage basin #1: 0.75 acres of 100% impervious surface drains from the upper parking level and
conveys runoff to a hydrodynamic separator for pretreatment before discharging into stormdrain
infrastructure.
b. Drainage basin #2: 0.25 acres of 100% impervious surface drains stormwater off the retail suits
rooftops which are located on the western and northern faces of the Facility. This stormwater
runoff is pre-treated with a sand/oil separator before flowing into the sanitary sewer system.
Public Parking Lots #1,2,3, and 4, respectively, have the following drainage basins:
a. Drainage basin (Parking lot #1): 0.37 acres of 100% impervious parking space
b. Drainage basin (Parking lot #2): 0.25 acres of 100% impervious parking space.
c. Drainage basin (Parking lot #3): 0.55 acres of 90% impervious parking space.
d. Drainage basin (Parking lot #4): 0.40 acres of 100% impervious parking space.
4.0 WATERBODY
Stormwater runoff from the Parking Garage receives pretreatment in a hydrodynamic separator before
discharging to Bozeman Creek at outfall ID: OF.F04.00441. Stormwater from all four Public Parking Lots
discharge to Bozeman creek without pretreatment. The Montana Department of Environmental Quality
classifies Bozeman Creek as a 303(d) listed impaired waterbody because it does not fully support aquatic
life and primary contact/recreation beneficial uses. Bozeman Creek’s impairments include: Alterations in
stream-side (littoral) vegetative cover, Chlorophyll-a, E. coli, total nitrogen, and sedimentation and
siltation.
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5.0 SAMPLING
Facility sampling is not required for the FSWPPP.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Vehicle tracking
Oil and Grease: Vehicle leaks
Total Nitrogen: Organics
Phosphorus: Organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
Floatables: Litter
7.0 SITE ASSESSMENT
The site assessment outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility.
All Standards are listed in Section 7.3 of the City’s Stormwater Management Plan (SWMP).
Standard: Spill kits stocked with instructions, disposal bags, PPE, absorbents, and inlet barriers.
Site Components and Compliance Assessment:
Public Works Spill Response Vehicle
Compliant: Spill response materials stocked and maintained
Standard Operating Guidelines:
Inspect and purchase missing item annually
Corrective Action(s):
2021: None
Standard: Preventative maintenance performed on equipment and vehicles.
Site Components and Compliance Assessment:
City Vehicles
Compliant: Vehicles are inspected and maintained regularly, preventative maintained
is documented and files are stored in CityWorks
Standard Operating Guidelines:
Visual inspection of all vehicles before use
Complete maintenance of vehicles at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2021: None
Standard: Vehicles and equipment washed in designated locations.
Site Components and Compliance Assessment
City Vehicles
Compliant: Vehicles are washed off site at the designated wash bay at the Vehicle
Maintenance Facility
Standard Operating Guidelines:
Wash vehicles at the Vehicle Maintenance Facility designated wash bay
Corrective Action(s):
2021: None
Standard: Maintain stormwater facilities.
a. Site Components and Compliance Assessment:
Storm Conveyance Infrastructure
Compliant: All pretreatment infrastructure is maintained on a routine basis,
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3
including cleaning of the hydrodynamic separator and sand/oil separator at the
Public Parking Garage
b. Standard Operating Guidelines:
Maintain all pretreatment units by cleaning assets on a routine schedule
Map the location of all stormwater infrastructure
c. Corrective Action(s):
2021: None
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, the major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits and/or the Public Works vehicle.
Locate spill kit and put on PPE.
If necessary, deploy the Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the Saftey Data Sheets (SDS) for spill and waste
disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, the major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to a Stormwater Program Coordinator.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the City’s MS4 Permit and
maintains training documentation in the SWMP.
10.0 INSPECTIONS
Stormwater staff completes an annual facility inspection and provides results to the Program Coordinator
who determines compliance with the City’s Facility Minimum Standards listed in the SWMP. Updates to
this FSWPPP occur based on the results from:
2021: Completed on September 28th
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose during the development of future Capital
Improvement Plans (CIP):
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a. Use of parking Lot 4 as a LID Demonstration project along Bozeman Creek, an impaired waterway.
Cost: TBD
Timeline: Propose in CIP
12.0 RECORD KEEPING AND REPORTING
Staff stores copies of this FSWPPP at the Stormwater Division’s Office.
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Appendix A: Site Map
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Page 1 of 7
Facility Stormwater Pollution Prevention Plan
City Shops Complex
814 North Bozeman Avenue
Bozeman, Montana 59715
2021 Report
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the City Shops Complex (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Alston, Water, Sewer, and Storm Superintendent
Leader: John Vandelinder, Streets Superintendent
Leader: Thom White, Parks Superintendent
Leader: Mike Gray, Facilities Superintendent
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The Facility includes buildings, parking lots, and staging areas for the Streets, Parks, Facilities,Water,
Sewer, Storm Divisions. The Facility has three distinct drainage basins:
Drainage Basin #1: 2.52 acres with 89% impervious cover. Drainage system components include
six inlets, 550 feet of storm sewer, and a four-foot diameter Contech CDS mechanical separation
unit. Basin #1 discharges into a storm drain beneath Tamarack St. to the north, which discharges
into Bozeman Creek at Outfall OF.E03.00450.
Drainage Basin #2: 0.56 acres with 98% impervious cover. Drainage system components include a
valley gutter, inlet, and 20 feet of storm drain. Basin #2 discharges into a storm drain beneath
Tamarack St. to the north, which dumps into Bozeman Creek at Outfall OF.E03.00450.
Drainage Basin #3: 0.82 acres with 90% impervious cover. Drainage system components include
four inlets, 144 feet of storm sewer, and an underground infiltration facility. Basin #3 discharges
to an underground infiltration facility.
4.0 IMPAIRED WATERBODIES
Drainage basins #1 and #2 discharges to Bozeman Creek at Outfall OF.E03.00450. The Montana
Department of Environmental Quality classifies Bozeman Creek as a 303(d) listed impaired waterbody
because it does not fully support aquatic life and primary contact/recreation beneficial uses. Bozeman
Creek’s impairments include: Alterations in stream-side (littoral) vegetative cover, Chlorophyll-a, E. coli,
total nitrogen, and sedimentation and siltation.
5.0 SAMPLING
Staff conducted baseline sampling on April 20 and 26, 2019, at the following locations:
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Page 2 of 7
Figure 5.0: Sampling location map.
Staff analyzed the following parameters and compiled the results:
Total Suspended Solids (TSS), mg/L
Chemical Oxygen Demand (COD), mg/L
Total Nitrogen (TN), mg/L
Total Phosphorus (TP), mg/L
Copper (Cu), mg/L
Table 5.1: Facility sampling results.
Lead (Pb), mg/L
Zinc (Zn), mg/L
Oil and Grease, mg/L
pH, standard units
Sampling Date TSS
(mg/L)
Oil &
Grease
(mg/L)
Total
Nitro.
(mg/L)
Phosp.
(mg/L)
Zinc
(mg/L)
Lead
(mg/L)
Copper
(mg/L)
COD
(mg/L) pH
April 20, 2019 1,930 11.0 5.56 3.07 1.560 0.122 0.245 1350 7.5
April 26, 2019 14,100 5.0 8.70 4.28 1.940 0.153 0.352 548 8.0
Median 8,015 8.0 7.13 3.68 1.750 0.138 0.299 1450 7.8
The data shows the Facility yields high concentrations of TSS, oils and grease, phosphorous, zinc, lead,
copper, and COD.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Sediment (TSS): Uncontained vehicle and equipment washing, organics
Oil and Grease: Fueling, vehicle leaks, uncontained vehicle and equipment washing
Total Nitrogen: Fertilizer transfers, uncontained vehicle and equipment washing, organics
Phosphorus: Fertilizer transfers, uncontained vehicle and equipment washing, organics
Zinc: Steel surfaces, brake dust, uncontained vehicle and equipment washing
Lead: Brake dust, uncontained vehicle and equipment washing
Copper: Brake dust, uncontained vehicle and equipment washing
COD: Vehicle and equipment leaks, uncontained vehicle and equipment washing
7.0 SITE ASSESSMENT
Section 7.0 outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility. All
Standards are listed in the City’s Stormwater Management Plan (SWMP).
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Standard: Wash bays and interior floor drains connected to the sanitary sewer.
a. Site Components and Compliance Assessment:
North Complex Building Floor Drains
Compliant: Connected to the sanitary sewer with P-trap
South Complex Building Floor Drains
Compliant: Connected to the sanitary sewer with sand-oil separator
Green Shed Floor Drains
Non-compliant: Connected to infiltration drain system without pretreatment
Wash Bay #1 Drain System
Non-compliant: Connected to storm drain (infiltration facility downline)
Wash Bay #2 Drain System
Non-compliant: Connected to storm drain (CDS mechanical separator downline)
b. Standard Operating Guidelines:
Annual inspection (condition, debris depth, accumulated pollutants)
Schedule maintenance as needed to maintain the intended function of CDS mechanical
separator
c. Corrective Action(s):
2019: Retrofit Green Shed floor drains or provide enhanced spill kit materials. Retrofit
Wash Bay #1 drain system. Retrofit or relocate Wash Bay #2 drain system
2020: Retrofit Green Shed floor drains, or provide enhanced spill kit materials. Retrofit
Wash Bay #1 drain system. Retrofit or relocate Wash Bay #2 drain system
2021: None
Standard: Chemicals stored under cover and within secondary containment.
a. Site Components and Compliance Assessment:
CRF storage tank
Non-compliant: Stored outside without secondary containment.
b. Standard Operating Guidelines:
Inspect storage containers weekly for leaks. This is a highly viscous material that will not
dissolve or flow quickly. CRF storage tanks that are not in use are primarily stored
indoors.
If a leak is detected, implement Spill Response Plan provided in Section 8.0
c. Corrective Action(s):
2019: Install secondary containment for CRF tank
2020: Install secondary containment for CRF tank
2021: Install secondary containment for CRF tank
Standard: Fuel tanks protected by secondary containment.
a. Site Components and Compliance Assessment:
500-gallon fuel tank
Compliant: Double-walled tank
b. Standard Operating Guidelines:
Insert nozzle securely into the vehicle fuel tank before engaging the pump
Stay with vehicle or equipment during fueling to reduce the chance of tank overflows
Shut off pump before removing the nozzle from the vehicle fuel tank
Securely place nozzle back into fuel tank cradle
Clean up spills immediately using the SOGs provided in Section 8.0
Inspect secondary containment annually per manufacturer’s recommendation
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c. Corrective Action(s):
2019: None
2020: None
2021: None
Standard: Tracking prevented at all entries, exits, and within parking areas.
Site Components and Compliance Assessment:
Parking Areas, East Entrance, West Entrance, and South Entrance
Compliant: Asphalt surfaces
Wash Bays #1 and #2
Compliant: Debris accumulation controlled with sweeping
Standard Operating Guidelines:
Inspect paved surfaces for debris accumulation, sweep once present
Corrective Action(s):
2019: Improve operational controls and increased street sweeping
2020: None
2021: None
Standard: Spill kits stocked with instruction, disposal bags, PPE, absorbents, and inlet barriers.
Site Components and Compliance Assessment
Green Shed Spill Kit
Compliant: Instructions, disposal bags, PPE, and inlet barrier included
South Complex Building Spill Kit and North Complex Building Spill Kit
Compliant: Response plan, disposal bags, or PPE included
Fuel Tank Spill Kit
Compliant: Response plan and inlet barrier included
Standard Operating Guidelines:
Inspect and replace missing items annually
Corrective Action(s):
2019: Purchase inlet barrier mats for Green Shed and Fuel Tank spill kits. Place a copy of
the spill response plan with each spill kit. Provide disposal bags and PPE for the spill kits in
the Green Shed, South Complex Building, and North Complex Buildings. Purchase spill kit
for the fuel tank.
2020: None
2021: None
Standard: Preventative maintenance performed on equipment and vehicles.
Site Components and Compliance Assessment
Water/Sewer/Storm, Street, Parks, and Facility’s Equipment and Vehicles
Compliant: Vehicles and equipment inspected and maintained regularly, preventative
maintenance documentation filed in CityWorks
Standard Operating Guidelines:
Visual inspection of all vehicles and equipment before use
Complete maintenance and repairs at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2019: None
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2020: None
2021: None
Standard: Vehicles and equipment washed in designated locations.
Site Components and Compliance Assessment
Wash Bay #1
Compliant: Designated wash location
Wash Bay #2
Not Compliant: See ‘Wash Bay and Interior Floor Drain’ standard above
Standard Operating Guidelines:
Wash vehicles and equipment in Wash Bay #1
Corrective Action(s):
2019: Switch degreasers and soaps to EPA approved Safer Choice Products
2020: Switch degreasers and soaps to EPA approved Safer Choice Products
2021: Switch degreasers and soaps to EPA approved Safer Choice Products
Standard: Maintain above and below ground stormwater infrastructure.
d. Site Components and Compliance Assessment:
11 inlets and 714’ of storm drains
Compliant: Maintained once every five years
CDS mechanical Separator Treatment Unit
Compliant: Maintained annually
Underground Infiltration Facility
Not Compliant: Not maintainable due to design and installation error
e. Standard Operating Guidelines:
Maintenance schedules include:
Maintain treatment storm infrastructure annually
Maintain conveyance storm infrastructure once every five years
f. Corrective Action(s):
2019: See Section 11.0
2020: See Section 11.0
2021: See Section 11.0
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, the major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits or the spill response vehicle.
Locate spill kit and put on PPE.
In necessary, deploy Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the SDS for spill and waste disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
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8.2 Large and Continuous Spills: Typically, the major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to the Stormwater Program Coordinator.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the City’s MS4 Permit and
maintains training documentation in the SWMP.
10.0 INSPECTIONS
Stormwater staff completes an annual facility inspection and provides results to the Program Coordinator
who will determine compliance with the City’s Facility Minimum Standards listed in the SWMP. Updates to
this FSWPPP were based on the results from:
2019: Completed on March 21
2020: Completed on September 18
2021: Completed on September 14
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose to the City Commission during the
development of future Capital Improvement Plans (CIP):
a. Public Works Facility Space and Needs Assessment
Cost: ~$180,000
Timeline: Ongoing
b. Wash Bay #2 Drain System Retrofit or Relocation
Cost: $25,000
Timeline: Propose in CIP
c. Basin #2 Inlet Treatment Installation
Cost: $1,000
Timeline: 2021 Completion
d. Infiltration Facility Maintenance Access Modification
Cost: $15,000
Timeline: Propose in CIP
e. Facility Surfacing and Stormwater Upgrades (CDS Unit, ADS Infiltration System, and Wash Pad)
Cost: $250,000
Timeline: Completed in 2016
12.0 RECORD KEEPING AND REPORTING
Staff maintains copies of this FSWPPP at the Facility and the Stormwater Division Office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
East Gallatin Storage Area
2300 Block of North Rouse Ave
P.O. Box 1230
Bozeman, Montana 59771
Updated: 2021
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the East Gallatin Storage Area (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Vandelinder, Streets Superintendent
Leader: Alex Nordquest, Forestry Superintendent
Offsite Coordinator: Adam Oliver, Stormwater Program
3.0 SITE DESCRIPTION
The Facility provides storage for materials such as rock chips, street sweepings, cut boulevard trees, and
fill. One drainage basin exists:
Drainage Basin #1: 4.7 acres with 9% impervious cover from the newly constructed acess road on
the southern boudary of the Facility. A detention basin lies in the parking area just outside south
east of the Facility.
4.0 IMPAIRED WATERBODY
The Facility is adjacent to the East Gallatin River, which is impaired for nutrients; however, existing
topography holds water on site where it infiltrates and/or evaporates. Any discharge from the gravel work
and storage area is treated by a detention basin before discharging to the East Gallatin River at Outfall ID:
OF.F01.00638.
5.0 SAMPLING
Sampling is not required for this FSWPPP.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Traction sand
and organics (ex. tree trimmings and
mulch)
Oil and Grease: Vehicle leaks
Total Nitrogen: Organics
Phosphorus: Traction sand and organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
pH: Concrete washout
Floatables: Litter
7.0 SITE ASSESSMENT
Section 7.0 outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility. All
Standards are listed in the City’s Stormwater Management Plan (SWMP).
Standard: Tracking controlled at all entries, exits, and within parking areas.
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Site Components and Compliance Assessment:
Gravel lot
Compliant: Asphalt entrance and compacted gravel lot
Standard Operating Guidelines:
Sweep paved entryway if a noticeable accumulation of debris occurs
Corrective Action(s):
2020: None
2021: None
Standard: Preventative maintenance on equipment and vehicles.
Site Components and Compliance Assessment:
Water/Sewer/Storm, Forestry, and Street Division Equipment and Vehicles
Compliant: Vehicles and equipment inspected and maintained regularly, and
preventative maintenance documentation is filed in CityWorks
Standard Operating Guidelines:
Visual inspection of all vehicles/equipment before use
Complete minor maintenance and repair of equipment indoors. Complete more extensive
work at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2020: None
2021: None
Standard: Stabilize disturbed areas within 14-days.
a. Site Components and Compliance Assessment:
Ongoing construction of the access road from the southwest includes erosion and
sediment control BMPs, and will be stabilized post-construction
Compliant
b. Standard Operating Guidelines:
None
c. Corrective Action(s):
2020: None
2021: None. Maintain temporary BMPs when road construction resumes
Standard: Store chemicals under cover and within secondary containment.
a. Site Components and Compliance Assessment:
Water containers are stored on site, no chemicals stored at the Facility
Compliant
Uncontained concrete washout on the ground
Not Compliant
b. Standard Operating Guidelines:
Contain concrete washout in a lined capture area, let liquids dry/evaporate, and dispose
solids in a dumpster or haul directly to the landfill
City crews construct a temporary washout if needed and dispose of it in the onsite
dumpster
c. Corrective Action(s):
2020: Construct a temporary or permanent concrete washout
2021: None.
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
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8.1 Small and Medium Spills: Typically, major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits and/or the Public Works vehicle.
Locate spill kit and put on PPE.
If necessary, deploy Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the SDS for spill and waste disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to a Stormwater Team Leader.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the Citys MS4 Permit and
maintains training documentation in the SWMP.
10.0 INSPECTIONS
The Offsite Coordinator, or their designated representative, completes an annual inspection at the Facility
to determine compliance with the City’s Facility Minimum Standards listed in the SWMP. Updates to this
FSWPPP occur based on the results.
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose during the development of future Capital
Improvement Plans (CIP):
None
12.0 RECORD KEEPING AND REPORTING
Staff store copies of this FSWPPP at the City Shops Facility and the Stormwater Division’s Office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
City Fire Stations
Bozeman, Montana 59715
2021 Report
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOGs) developed to mitigate stormwater pollutants generated at the City Fire Stations (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Alston, Water, Sewer, and Stormwater Superintendent
Leader: Varies daily, Onsite Battalion Cheif
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
There are three City fire stations located in Bozeman. Fire station #1 is currently located downtown at 34
N. Rouse Ave., and will be relocated to the new Public Safety Center once construction is complete. It will
be added to this FSWPPP upon relocation. Fire Station #2 is presently located at 410 S 19th Ave. and will
soon be relocated to the Montana State University campus. The new Fire Station #2 will have stormwater
drainage built to modern design standards. Fire Station #3 is located at 1075 Vaquero Pkwy. All of the City
fire stations function similarly regarding stormwater impacts. Specifically, the fire stations are all
conventional buildings that drain stormwater to the City’s storm drain infrastructure. The drainage basins
at Fire Station #2 and #3 are as follows:
a. Drainage basin for Fire Station #2: 0.4 acres of 75% impervious cover. The rear impervious surface
sheet flows to a landscaped area where it infiltrates. The front of the building and driveway
discharges into inlet ID I.I05.00179.
b. Drainage basin for Fire Station #3: 1.9 acres of 70% impervious surface conveys storm runoff to
two onsite detention basins for treatment before discharging to Tributary – SWWW_00012.
4.0 WATERBODY
Fire Station #1 will be added to this FSWPPP once relocated to the new Public Safety Center in 2022. The
drainage basin of Fire Station #2: discharges stormwater directly to Farmers Canal at Outfall ID:
OF.I05.00350. Fire Station #3 discharges stormwater indirectly from two onsite detention ponds to
Tributary – SWWW_00012 at Outfall ID: OF.K02.00270. The Montana Department of Environmental
Quality does not classify either Farmers Canal or Tributary – SWWW_00012 as 303(d) listed impaired
waterbodies. The new location for Fire Station #1 at the Public Safety Center will be located in the
Bozeman Creek Watershed and is designed to retain the 10-year, 2-hour event. The Montana Department
of Environmental Quality classifies Bozeman Creek as a 303(d) listed impaired waterbody because it does
not fully support aquatic life and primary contact/recreation beneficial uses. Bozeman Creek’s
impairments include: Alterations in stream-side (littoral) vegetative cover, Chlorophyll-a, E. coli, total
nitrogen, and sedimentation and siltation.
5.0 SAMPLING
Sampling is not required for this FSWPPP.
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6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Organics (ex.
Grass clippings)
Oil and Grease: None
Total Nitrogen: Organics
Phosphorus: Organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
Floatables: None
7.0 SITE ASSESSMENT
The site assessment outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility.
All Standards are listed in Section 7.3 of the City’s Stormwater Management Plan (SWMP).
Standard: Spill kits stocked with instructions, disposal bags, PPE, absorbents, and inlet barriers
Site Components and Compliance Assessment:
Inside Spill Kits at Fire Station #2 and #3
Compliant: Spill kits are maintained.
Standard Operating Guidelines:
Inspect spill kit and purchase missing items annually
Maintain all spill kit supplies in a designated location
Corrective Action(s):
2021: None
Standard: Connect wash bays and interior floor drains to the sanitary sewer
Site Components and Compliance Assessment:
All City Fire Stations
Compliant: Fire Station #3 is built to modern stormwater design standards and thereby
has wash bays and interior floor drains that connect to the sanitary sewer. Fire Stations
#1 and #2 are scheduled to be relocated to newly constructed buildings that will be
built to modern stormwater design standards.
Standard Operating Guidelines:
Inspect floor drains as needed to make sure they are unclogged and functioning
Corrective Action(s):
2021: None
Standard: Preventative maintenance performed on equipment and vehicles
Site Components and Compliance Assessment:
Fire station vehicles
Compliant: Vehicles are maintained often
Standard Operating Guidelines:
Visually inspect all vehicles before use
Complete maintenance of vehicles at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2021: None
Standard: Vehicles and equipment washed in designated locations
Site Components and Compliance Assessment
Vehicles and equipment
Compliant: Vehicles and equipment are maintained at designated locations
Standard Operating Guidelines:
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Designated wash locations include the Vehicle Maintenance Facility or inside the Fire
Stations above the wash bays
Corrective Action(s):
2021: none
Standard: Contain fuel tanks with secondary containment
Site Components and Compliance Assessment:
Fire Station #3
Compliant: A ConVault diesel secondary container is located outside behind bollards
Standard Operating Guidelines:
Insert nozzle securely into the vehicle fuel tank before engaging the pump
Stay with vehicle or equipment during fueling to reduce the chance of tank overflows
Shut off pump before removing the nozzle from the vehicle fuel tank
Securely place nozzle back into fuel tank cradle
Clean up spills immediately using the SOGs provided in Section 8.0
Inspect secondary containment annually per manufacturer’s recommendation
Corrective Action(s):
2021: None
Standard: Maintain stormwater facilities
Site Components and Compliance Assessment:
Fire Station #3 Detention Ponds (2)
Compliant: Maintained every fall for vegetation and debris clearing
Fire Station #3 238’ of storm drains
Compliant: Maintained once every five years
Standard Operating Guidelines:
Maintenance schedules include:
Maintain stormwater retention basin vegetation every fall
Maintain conveyance storm infrastructure every five years
Corrective Action(s):
2021: None
Standard: Wash bays and interior floor drains connected to the sanitary sewer
a. Site Components and Compliance Assessment:
Fire Station #2
Compliant: Connected to the sanitary sewer
Fire Station #3
Compliant: Connected to the sanitary sewer
b. Standard Operating Guidelines:
Annual inspection (condition, debris depth, accumulated pollutants)
c. Corrective Action(s):
2021: None
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, the major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits and/or the Public Works vehicle.
Locate spill kit and put on PPE.
If necessary, deploy the Public Works spill response vehicle.
Control spill by stopping or securing the source.
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Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the Safety Data Sheets (SDS) for spill and waste
disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, the major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to the Stormwater Program Coordinator.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the City’s MS4 Permit and
maintains training documentation in the SWMP. Additional spill response training is completed by Fire
Department personnel.
10.0 INSPECTIONS
Stormwater staff completes an annual facility inspection and provides results to the Program Coordinator
who determines compliance with the City’s Facility Minimum Standards listed in the SWMP. Updates to
this FSWPPP occur based on the results from:
2021: Completed on September 29th
Stormwater staff contacted the onsite Battalion Chief for the day of 9/29/21, Graver Johnson, before
inspecting the Facilities.
From the inspections, stormwater staff documented that the City Fire Stations as a facility presents
minimal to no risk to stormwater infrastructure or water quality, similar to structural facilities like City
Hall or the City Library.
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose during the development of future Capital
Improvement Plans (CIP):
a. None
12.0 RECORD KEEPING AND REPORTING
Staff store copies of this FSWPPP at the Stormwater Division’s Office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
Laurel Glen Operations Facility
5521 Saxon Way
P.O. Box 1230
Bozeman, Montana 59718
2021 Update
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the Laurel Glen Operations Facility (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Alston, Water, Sewer, and Stormwater Superintendent
Leader: Josh Watson, Signs and Signals Foreman
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The Facility contains a vehicle/equipment storage building and sewer lift station accessed by a gravel
driveway and parking area. The Facility has one drainage basin, including:
Drainage Basin #1: 2.3 acres with 6% impervious cover, including a building and concrete pads.
4.0 WATERBODY
The Facility discharges to a subdivision detention basin that outfalls at OF.N03.00300 into Aakjer Creek.
5.0 SAMPLING
The Facility does not contain any storm notable drain infrastructure, as such Staff did not conduct
sampling.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Gravel driveway
and parking area, Organics (ex. Grass
clippings)
Oil and Grease: Vehicle leaks
Total Nitrogen: Organics
Phosphorus: Organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
Floatables: Litter
7.0 SITE ASSESSMENT
Section 7.0 outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility. All
Standards are listed in the City’s Stormwater Management Plan (SWMP).
Standard: Tracking controlled at all entries, exits, and within parking areas.
Site Components and Compliance Assessment:
Gravel access and parking areas.
Compliant: Compacted gravel surface
Standard Operating Guidelines:
Inspect area for trash. If present, collect and dispose
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Sweep Saxon Way when noticeable accumulation of tracked debris occurs
Corrective Action(s):
2020: None
2021: None
Standard: Spill kits stocked with instructions, disposal bags, PPE, absorbents, and inlet barriers.
Site Components and Compliance Assessment:
Vehicle/Equipment Building
Compliant: Spill kit located next to flammable cabinet.
Standard Operating Guidelines:
Inspect spill kit and purchase missing items annually
Maintain all spill kit supplies in a single location
Corrective Action(s):
2020: None
2021: None
Standard: Preventative maintenance performed on equipment and vehicles.
Site Components and Compliance Assessment:
Water/Sewer/Storm, Street Equipment, and Vehicles
Compliant: Vehicles and equipment inspected and maintained regularly, preventative
maintenance documentation filed in CityWorks
Standard Operating Guidelines:
Visual inspection of all vehicles/equipment before use
Complete minor maintenance and repair of equipment indoors. Complete more extensive
work at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2020: None
2021: None
Standard: Vehicles and equipment washed in designated locations.
Site Components and Compliance Assessment
Compliant: Vehicles/Equipment washed off site at the Vehicle Maintenance Facility
Standard Operating Guidelines:
Wash vehicles at the Vehicle Maintenance Facility in the designated location
Corrective Action(s):
2020: none
2021: None
Standard: Wash bays and interior floor drains connected to the sanitary sewer.
a. Site Components and Compliance Assessment:
Laurel Glen Operational Facility
Compliant: Connected to the sanitary sewer
b. Standard Operating Guidelines:
Annual inspection (condition, debris depth, accumulated pollutants)
Schedule maintenance as needed to maintain the intended function
c. Corrective Actions:
2019: None
2020: None
2021: None
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Standard: Maintain above and below ground stormwater infrastructure
a. Site Components and Compliance Assessment:
Storm Conveyance Infrastructure
Compliant: All nearby infrastructure is mapped on GIS, all of which is off site
b. Standard Operating Guidelines:
Communicate maintenance responsibilities with Laurel Glen Homeowner’s Association
about the detention pond
c. Corrective Action(s):
2021: The Facility is located within the Laurel Glen Homeowner’s Association, which is
responsible for the maintenance of the subdivision’s post-construction stormwater
basins. The City owns and maintains street infrastructure around the Facility. Vegetation
removal maintenance by the homeowner’s association is necessary to maintain the
capacity of the detention pond to the west of the Facility.
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, the major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits and/or the Public Works vehicle.
Locate spill kit and put on PPE.
If necessary, deploy Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the Saftey Data Sheets (SDS) for spill and waste
disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, the major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to a Stormwater Program Coordinator.
8.4 Sanitary Sewer Overflow.
a. Lift station onsite and bypass pumping equipment stored in the vehicle/equipment storage
building. See the Water and Sewer Division’s Sanitary Sewer Overflow SOGs for more details
about emergency procedures.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the City’s MS4 Permit and
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maintains training documentation in the SWMP.
10.0 INSPECTIONS
Stormwater staff will complete an annual facility inspection and report the results to the Program
Coordinator who will determine compliance with the City’s Facility Minimum Standards listed in the
SWMP. Updates to this FSWPPP occur based on the results.
Initial site inspection completed September 24th, 2020
Updated site inspection completed September 17th, 2021
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose during the development of future Capital
Improvement Plans (CIP):
a. Reoccurring: The Facility is located within the Laurel Glen Home Owner’s Association, which is
responsible for the maintenance of the subdivision’s stormwater detention pond. Upon request
by the HOA, the City will likely have to contribute funding to complete maintenance-related work
for the stormwater basin adjacent to the Facility and others in the subdivision. The basin’s current
retention capacity is being reduced by vegetation.
12.0 RECORD KEEPING AND REPORTING
Staff store copies of this FSWPPP at the Stormwater Division’s Office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
Snow Storage Facility
501 Haggerty Lane
P.O. Box 1230
Bozeman, Montana 59771
2021 Update
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the Snow Storage Facility (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Vandelinder, Streets Superintendent
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The Facility is an asphalt parking lot used for municipal snow storage during winter and spring. One
drainage basin exists, including:
Drainage Basin #1: 3.3 acres with approximately 40% impervious cover, including an asphalt
parking area and a section of Tributary SWWW_00040.
4.0 IMPAIRED WATERBODY
The Facility discharges to Tributary SWWW_00040, which then empties into a Tributary SWWW_00065
before the flow drains into Rocky Creek north of I-90.
The Montana Department of Environmental Quality (MDEQ) classifies Rocky Creek as a 303(d) listed
impaired waterbody because it does not fully support the aquatic life beneficial use. Rocky Creek’s
impairments include: Alteration in stream-side (littoral) cover, other anthropogenic substrate alterations,
physical substrate habitat alterations, and sedimentation-siltation.
5.0 SAMPLING
Staff conducted composite baseline sampling on April 9 and 24, 2019, at the following location:
Figure 5.0: Sampling Location Map.
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Staff analyzed the following parameters and compiled the results:
Total Suspended Solids (TSS), mg/L
Chemical Oxygen Demand (COD), mg/L
Total Nitrogen (TN), mg/L
Total Phosphorus (TP), mg/L
Copper (Cu), mg/L
Table 5.1: Facility sampling results.
Lead (Pb), mg/L
Zinc (Zn), mg/L
Oil and Grease, mg/L
pH, standard units
Sampling Date TSS
(mg/L)
Oil &
Grease
(mg/L)
Total
Nitro.
(mg/L)
Phosp.
(mg/L)
Zinc
(mg/L)
Lead
(mg/L)
Copper
(mg/L)
COD
(mg/L) pH
April 9, 2019 430 4 0.800 0.510 0.100 0.013 0.022 152.0 7.9
April 24, 2019 1,640 5 3.900 1.860 0.380 0.049 0.077 696.0 7.9
The data shows the Facility yields high concentrations of TSS and lead.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Traction sand
and organics (ex. Grass clippings)
Oil and Grease: Vehicle leaks
Total Nitrogen: Organics
Phosphorus: Traction sand and organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
Floatables: Litter
7.0 SITE ASSESSMENT
Section 7.0 outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility. All
Standards are listed in the City’s Stormwater Management Plan (SWMP).
Standard: Tracking controlled at all entries, exits, and within parking areas.
Site Components and Compliance Assessment:
Snow storage area
Compliant: Asphalt surface
Northwest Parking lot
Compliant: Asphalt surface
Standard Operating Guidelines:
Inspect asphalt for debris accumulation, sweep once present
Periodically clean around the Facility during melting (handpick and sweep as necessary)
Corrective Action:
2019: None
2020: None
2021: None
Standard: Preventative maintenance on equipment and vehicles.
Site Components and Compliance Assessment
Street Division Equipment and Vehicles
Compliant: Inspected and maintained regularly, documentation in place
Standard Operating Guidelines:
Visual inspection of all vehicles and equipment before use
Maintenance and repairs completed at the Vehicle Maintenance Facility
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Document inspections, maintenance, and repairs per Division specific guidelines
Corrective Actions:
2019: None
2020: None
2021: None
Standard: Stabilize disturbed areas.
b. Site Components and Compliance Assessment:
Gully northeast of the Facility
Non-compliant: No major erosion events have occurred in recent years and
vegetation has stabilized this slope. Another disturbance was created at the south
end of the slope, which has also been stabilized. These sloped areas need to be
evaluated each year.
c. Standard Operating Guidelines:
See Section 11.0
d. Corrective Actions:
2019: See Section 11.0, remove the eastern boundary silt fence
2020: See Section 11.0, remove the eastern boundary silt fence
2021: See Section 11.0.a Infrastructure Improvement for proposed CIP to control
erosion and flow from onto the steep slopes east of the Facility. Temporary BMPs have
been removed.
8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, major dimension is less than 6’ and can be contained, cleaned,
and eliminated using onsite personnel, spill kits and/or the spill response vehicle.
Locate spill kit and put on PPE.
If necessary, deploy Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Team Leader and the SDS for spill and waste disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, the major dimension is greater than 6’, continuous flow, and
cannot be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Team Leader for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to the Stormwater Team Leader.
9.0 TRAINING
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Staff receives training related to this Facility per the requirements within the Citys MS4 Permit and
maintains training documentation in the SWMP.
10.0 INSPECTIONS
The Offsite Coordinator completes an annual inspection at the Facility to determine compliance with the
City’s Facility Minimum Standards listed in the SWMP. Updates to this FSWPPP occur based on the results.
2019: Completed on June 25
2020: Completed on September 10
2021: Completed on September 29
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project need and plans to propose to the City Commission during the
development of future Capital Improvement Plans (CIP):
a. Sediment Basin Construction, Slope Stabilization, and Culvert Maintenance
Cost: ~$75,000
Timeline: Propose in CIP, not yet scheduled
12.0 RECORD KEEPING AND REPORTING
Staff store copies of this FSWPPP at the City Shops Facility and the Stormwater Division’s Office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
Vehicle Maintenance Facility
1812 North Rouse Avenue
Bozeman, Montana 59715
2021 Update
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the Vehicle Maintenace Facility (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: John Vandelinder, Streets Superintendent
Leader: Alex Nordquest, Forestry Division Manager
Leader: John Alston, Water, Sewer, and Storm Superintendent
Leader: Mike Gray, Facility Manager
Leader: Josh Waldo, Fire Chief
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The Facility includes buildings, parking lots, and staging areas that support the Streets, Forestry, Facilities,
Fire, and Water/Sewer/Storm Divisions. The Facility has one drainage basin:
Drainage Basin #1: 8.4 acres with 62.5% impervious cover, including office and equipment storage
buildings, parking areas, material storage, and equipment staging. Basin #1 system components
include seven inlets, 1,125 feet of storm drain, and a detention basin. Basin #1 discharges into a
storm drain beneath Griffin Drive, which drains to the East Gallatin River.
4.0 IMPAIRED WATERBODY
The Vehicle Maintenance Facility discharges to the East Gallatin River at Outfall OF.E01.00050. The
Montana Department of Environmental Quality classifies the East Gallatin River as a 303(d) listed impaired
waterbody because it does not fully support the aquatic life and primary contact/recreation beneficial
uses. East Gallatin River impairments include total nitrogen and total phosphorous.
5.0 SAMPLING
Staff conducted baseline sampling on August 22, 2019, at the following location:
Graphic 5.0: Sampling Location Map.
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Staff analyzed the following parameters and compiled the results:
Total Suspended Solids (TSS), mg/L
Oil and Grease, mg/L
Total Nitrogen (TN), mg/L
Total Phosphorus (TP), mg/L
Zinc (Zn), mg/L
Table 5.1: Facility sampling results.
Lead (Pb), mg/L
Copper (Cu), mg/L
Chemical Oxygen Demand (COD), mg/L
pH, standard units
Sampling Date TSS
(mg/L)
Oil &
Grease
(mg/L)
Total
Nitro.
(mg/L)
Phosp.
(mg/L)
Zinc
(mg/L)
Lead
(mg/L)
Copper
(mg/L)
COD
(mg/L) pH
August 22, 2019 139 2.0 7.6 0.540 0.260 0.010 0.042 548 6.6
The data shows the Facility yields high concentrations of COD.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
TSS: Traction sand storage, equipment, unstabilized areas, organics
Oil and Grease: Vehicle and equipment leaks, stored chemicals
Total Nitrogen: Organics, traction sand
Phosphorus: Fertilizer transfers, organics, traction sand
Zinc: Steel surfaces, brake dust
Lead: Brake dust
Copper: Brake dust
COD: Vehicle and equipment leaks, traction sand
Magnesium Chloride: Stored chemicals
Used Antifreeze: Stored chemicals
7.0 SITE ASSESSMENT
The Site Assessment outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility. All
standards are listed in Section 7.3 of the City’s Stormwater Management Plan (SWMP).
Standard: Wash bays and interior floor drains connected to the sanitary sewer with pretreatment.
a. Site Components and Compliance Assessment:
Vehicle Maintenance Building
Compliant: Connected to the sanitary sewer with sand-oil separator
Vehicle Maintenance Building Wash Bay (east side of building)
Compliant: Connected to the sanitary sewer with sand-oil separator
b. Standard Operating Guidelines:
Annual inspection (condition, debris depth, accumulated pollutants)
Schedule maintenance as needed to maintain the intended function
c. Corrective Actions:
2019: None
2020: None
2021: None
Standard: Chemicals stored under cover and within secondary containment.
d. Site Components and Compliance Assessment:
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1,000-gallon used oil tank
Compliant: Double-walled tank
Small metal used oil tank
Compliant: Inside storage (2021)
Spent antifreeze tank
Compliant: Double-walled tank
Spent antifreeze bottles
Compliant: Covered with secondary containment (2021)
10,000-gallon magnesium chloride tank
Not Compliant: No secondary containment
SumaGrow Barrel
Compliant: Inside storage (2021)
e. Standard Operating Guidelines:
Inspect storage containers weakly for leaks
If a leak is detected, implement Spill Response Plan provided in Section 8.0
f. Corrective Actions:
2019: Install secondary containment for small metal used oil tank, spent antifreeze bottles,
magnesium chloride tank, and SumaGrow barrel.
2020: Install secondary containment for magnesium chloride tank. Design is underway for
2021 construction.
2020: Install secondary containment for magnesium chloride tank. Design is complete and
pending internal review.
Standard: Tracking prevented at all entries, exits, and within parking areas.
Site Components and Compliance Assessment:
South Parking Lot, Fire Department Training Area, North Parking Lot, Forestry Entrance, West
Entrance
Compliant: Asphalt surface
Forestry Parking Lot
Not Compliant: Unimproved lot
Sand Storage Area
Not Compliant: Road mix surface
Standard Operating Guidelines:
Inspect paved surfaces for debris accumulation, sweep once present
Corrective Action:
2019: See Section 11.0.a
2020: See Section 11.0.a
2021: See Section 11.0.a
Standard: Spill kits stocked with instructions, disposal bags, PPE, absorbents, and inlet barriers.
Site Components and Compliance Assessment
Vehicle Maintenance Building Spill Response Materials
Compliant: Spill response material stocked and maintained
Spill Response Vehicle Spill Kit
Compliant: Spill response material stocked and maintained
Standard Operating Guidelines:
Inspect and purchase missing items annually
Corrective Actions:
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2019: Purchase inlet barrier mats for Vehicle Maintenance Building and Spill Response
Vehicle, place a copy of the Facility FSWPPP with each spill kit, and purchase spill kit for used
oil/spent antifreeze deposition area
2020: None
2021: None
Standard: Preventative maintenance performed on equipment and vehicles.
Site Components and Compliance Assessment
Water/Sewer/Storm, Streets, Parks, and Facility’s Equipment and Vehicles
Compliant: Vehicles and equipment inspected and maintained regularly, preventative
maintenance documentation filed in CityWorks
Standard Operating Guidelines:
Visual inspection of all vehicles and equipment before use
Complete maintenance and repairs at the Vehicle Maintenance Facility
Document inspections, maintenance, and repair per Division specific guidelines
Corrective Action(s):
2019: None
2020: None
2021: None
Standard: Vehicles and equipment washed in designated locations.
Site Components and Compliance Assessment
Wash Bay
Compliant: Designated wash location
Standard Operating Guidelines:
Wash vehicles and equipment at the Wash Bay
Corrective Actions:
2019: None
2020: None
2021: None
Standard: Maintain stormwater facilities.
a. Site Components and Compliance Assessment:
Storm Conveyance Infrastructure
Compliant: Site map is updated annually and storm infrastructure maintained
Stormwater Detention Facility
Compliant: Maintained
g. Standard Operating Guidelines:
Maintenance schedules include:
Maintain stormwater retention basin vegetation every fall
Maintain conveyance storm infrastructure every five years
h. Corrective Actions:
2019: Install a barrier on the south edge of the detention facility, dredge deposited materials,
remove silt fence, clear inlet pipe and accumulated debris in the detention facility, map storm
infrastructure, place on maintenance schedule
2020: None
2021: None
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8.0 SPILL RESPONSE PLAN
The following is the City’s spill response plan, including response, mitigation, and reporting protocols.
8.1 Small and Medium Spills: Typically, major dimension is less than 6’ and can be contained, cleaned, and
eliminated using onsite personnel, spill kits, or the spill response vehicle.
Locate spill kit and put on PPE.
If necessary, deploy Public Works spill response vehicle.
Control spill by stopping or securing the source.
Protect all storm drain inlets near the spill using absorbent booms or inlet barrier.
Identify spilled material.
Clean spill using appropriate absorbents or other methods. Never wash spills down the drain!
Place spill material and absorbents in secure containers.
Consult with Stormwater Program Coordinator and the Saftey Data Sheets (SDS) for spill and waste
disposal procedures.
Dispose of spilled material and the absorbent in compliance with state and federal regulations.
Consult with Stormwater Program Coordinator for appropriate reporting procedures.
8.2 Large and Continuous Spills: Typically, major dimension is greater than 6’, continuous flow, and cannot
be contained, cleaned, and eliminated using onsite personnel.
Leave the area and notify Emergency Responders (911).
Give the operator the spill location, chemical name, and approximate amount.
If safe, protect nearby storm drain inlets using absorbent booms or inlet barrier.
Provide SDS information for the spilled chemical to emergency responders.
Advise responders of any absorbents, containers, or spill control equipment that is available.
Consult with Stormwater Program Coordinator for appropriate reporting procedures.
8.3 Spill Reporting
Report all chemical spills, regardless of size, to the Stormwater Program Coordinator.
9.0 TRAINING
Staff receives training related to the Facility through the the City’s training software platform per the
requirements within the Citys MS4 Permit. Staff maintains training documentation in the SWMP.
10.0 INSPECTIONS
The Offsite Coordinator completes an annual inspection at the Facility to determine compliance with the City’s
Facility Minimum Standards listed in the SWMP. Updates to this FSWPPP occur based on the results.
Initial site inspection completed on August 6, 2019
Completed reinspection and updated FSWPPP on September 9, 2020
Completed reinspection and updated FSWPPP on September 14, 2021
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project needs and plans to propose to the City Commission during the
development of future Capital Improvement Plans (CIP):
a. Public Works Facility Space and Needs Assessment
Cost: ~$180,000
Timeline: 2023
b. Stabilize Forestry Parking Lot and Sand Storage Area
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Cost: TBD
Timeline: Propose in CIP
c. Magnesium Chloride Secondary Containment
Cost: $75,000
Timeline: Propose in CIP
d. Used Oil Secondary Containment
Cost: $15,000
Timeline: Propose in 2022-2026 CIP
e. Spent Antifreeze Secondary Containment
Cost: $15,000
Timeline: Propose in 2022-2026 CIP
f. Suma Grow Secondary Containment
Cost: $15,000
Timeline: Propose in 2022-2026 CIP
12.0 RECORD KEEPING AND REPORTING
Staff maintains copies of this FSWPPP at the Facility and the City’s Stormwater Division office.
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Appendix A: Site Map
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Facility Stormwater Pollution Prevention Plan
Water Treatment Plant
7024 Sourdough Canyon Rd
P.O. Box 1230
Bozeman, Montana 59771
2021 Update
1.0 OVERVIEW
This Facility Stormwater Pollution Prevention Plan (FSWPPP) includes Standard Operating Guidelines
(SOG) developed to mitigate pollutants generated at the Water Treatment Plant (Facility).
2.0 STORMWATER TEAM
The following Staff members are responsible for the FSWPPP’s implementation:
Leader: Jill Miller, Water Treatment Plant Superintendent
Stormwater Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 SITE DESCRIPTION
The Facility treats drinking water before it is distributed throughout the City of Bozeman. The perimeter
is fenced. The site includes buildings that house various equipment and concrete drying beds basins used
to evaporate liquids, one surface retention facility, and one surface detention facility. Three drainage
basins exist, including:
Drainage Basin #1: 12-acres with 39% impervious cover, including parking lots and buildings.
Drainage Basin #2:11-acre closed basin primarily comprised of lawn area.
Drainage Basin #3: 10-acres with 18% impervious cover, including a 5.3 million gallon potable
water storage tank.
The Facility operates under federal and state requirements for groundwater discharge, surface water
discharge, and water treatment for municipal potable water supply. The Facility’s equipment, chemicals,
drains, water treatment controls, and membranes are contained within the interior of the Facility and
compliant with governing regulations.
4.0 WATERBODY
The Facility lies above 68 Ditch, which drains to Bozeman Creek. The Facility was constructed in 2014 and
includes a modern drainage design that meets the City’s water quality and flood control standards. The
risk of stormwater pollution and off-site discharge from the Facility is low.
5.0 SAMPLING
Staff conducted composite baseline sampling on Dec 2, 2020, at the following location:
Figure 5.0: Sampling Location.
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Staff analyzed the following parameters and compiled the results:
Total Suspended Solids (TSS), mg/L
Chemical Oxygen Demand (COD), mg/L
Total Nitrogen (TN), mg/L
Total Phosphorus (TP), mg/L
Copper (Cu), mg/L
Table 5.1: Facility sampling results.
Lead (Pb), mg/L
Zinc (Zn), mg/L
Oils and Greases, mg/L
pH, standard units
Sampling Date TSS
(mg/L)
Oil &
Grease
(mg/L)
Total
Nitro.
(mg/L)
Phosp.
(mg/L)
Zinc
(mg/L)
Lead
(mg/L)
Copper
(mg/L)
COD
(mg/L) pH
December 2, 2020 67 1.0 RL 1.3 0.239 0.04 0.002 0.007 61 6.8
The data shows the Facility yields low concentrations of all measured pollutants.
6.0 POLLUTION IDENTIFICATION
Following is a list of identified pollutants and an assessment of likely sources at the Facility:
Total Suspended Solids: Organics
Oil and Grease: Vehicle leaks
Total Nitrogen: Organics
Phosphorus: Organics
Zinc: Metal surfaces and brake dust
Lead: Brake dust and exhaust
Copper: Brake dust and exhaust
Other: Treatment chemicals
Floatables: Litter
7.0 SITE ASSESSMENT
The Site Assessment outlines the City’s Facility Minimum Standards (Standards) applicable to this Facility.
All Standards are listed in Section 7.3 of the City’s Stormwater Management Plan (SWMP).
Standard: Wash bays and interior floor drains connected to the sanitary sewer.
a. Site Components and Compliance Assessment:
Primary Building
Compliant: Drains are connected to onsite septic.
b. Standard Operating Guidelines:
Annual inspection (condition, debris depth, accumulated pollutants)
c. Corrective Action(s):
2020: None
2021: None
Standard: Chemicals stored under cover and within secondary containment.
Site Components and Compliance Assessment:
Chemical storage
Compliant: Chemicals stored inside within secondary containment.
Standard Operating Guidelines:
Follow the Facility’s SOGs during chemical delivery.
Inspect chemical containment multiple times per day.
If a leak or spill is detected, implement the appropriate response per Facility SOGs.
a. Corrective Action(s):
2020: None
2021: None
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Standard: Tracking controlled at all entries, exits, and within parking areas.
Site Components and Compliance Assessment:
Buildings, Sheds, and Parking Areas
Compliant: Primary entries, exits, and parking areas are paved with asphalt and
controlled by a control gate and perimeter fencing. A few un-stabilized access points
exist; however, are only used during infrequent or emergency operations.
Standard Operating Guidelines:
Sweep impacted paved areas if noticeable accumulation of tracked debris occurs.
Corrective Action:
2020: None
2021: None
Standard: Spill kits stocked with instructions, disposal bags, PPE, absorbents, and inlet barriers.
Site Components and Compliance Assessment
Primary Building
Compliant: Chemicals rooms and the garage have spill kits.
Standard Operating Guidelines:
Inspect and purchase missing from spill kit on an as-needed basis.
Corrective Action(s):
2020: None
2021: None
Standard: Preventative maintenance performed on vehicles and equipment.
Site Components and Compliance Assessment
Water Treatment Plant Equipment and Vehicles
Compliant: Inspected and maintained regularly, documentation in place.
Standard Operating Guidelines:
Visual inspection of all vehicles and equipment before use.
Complete minor and preventative maintenance in the garage.
Complete significant repairs at the Vehicle Maintenance Facility.
Document inspections, maintenance, and repairs per Division specific guidelines.
Corrective Actions:
2020: None
2021: None
Standard: Vehicles and equipment washed in designated locations.
Site Components and Compliance Assessment
Main Parking Area (south of building)
Compliant: Occasional car washing occurs; however, activity is infrequent and
insignificant.
Standard Operating Guidelines:
Wash vehicles indoors at the Vehicle Maintenance if a noticeable amount of pollutants
are present.
Corrective Action(s):
2020: None
2021: None
Standard: Maintain stormwater facilities.
a. Site Components and Compliance Assessment:
Compliant: 1500’ of pipe, ten inlets, six manholes and two stormwater basins exist and
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were added to the maintenance schedule in 2020. Maintenance operations program
developed. Annual mowing was completed in the surface detention facility during the fall
of 2021.
b. Standard Operating Guidelines:
Inspect and clear overgrown vegetation from stormwater basins annually.
Inspect and clean underground infrastructure every five-years.
c. Corrective Actions:
2020: Develop asset management program, add infrastructure to the maintenance
district map to facilitate operations.
2021: None
8.0 SPILL RESPONSE PLAN
The City’s typical Spill Response Plan is followed for minor spills in the parking area. Because of the
chemical storage and trained staff, details about the sizes of spills, incident command, and types of
response can be found in the Hazard Communication, Emergency Response Plan, and applicable
documents stored onsite.
9.0 TRAINING
Staff receives training related to this Facility per the requirements within the City’s MS4 Permit and
maintains training documentation in the SWMP.
10.0 INSPECTIONS
Stormwater staff completes an annual facility inspection and reports the results to the Program
Coordinator who will determine compliance with the City’s Facility Minimum Standards listed in the
SWMP. Updates to this FSWPPP were based on the results from:
2020: Completed on November 17
2021: Completed on September 20
11.0 INFRASTRUCTURE IMPROVEMENTS
Staff identified the following project need and plans to propose to the City Commission during the
development of future Capital Improvement Plans (CIP):
a. 2020: None
b. 2021: None
12.0 RECORD KEEPING AND REPORTING
Staff store copies of this FSWPPP at the Water Treatment Plant and the Stormwater Division’s Office.
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Appendix A: Site Map
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Activity Stormwater Pollution Prevention Plan
Curb and Concrete Slurry Capture
December 22, 2021
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating
Guidelines (SOGs) to mitigate stormwater pollutants generated during curb and concrete cutting
(Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
Leader: John Vandelinder – Streets Superintendent
Leader: John Alston - Water, Sewer, and Storm Superintendent
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 ACTIVITY DESCRIPTION
The Activity includes concrete cutting and removal. Removal of waste includes the capture of liquid
concrete slurry.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
pH: Portland cement has high pH and is mobilized when concrete is cut
Total Suspended Solids (TSS): Sediments within the slurry or carried up from the substrate
below
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation. All
standards are listed in the City’s Stormwater Management Plan.
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture,
contain, and allow the disposal of generated pollutants, and treat dewatering flows
to remove sediment to the maximum extent practicable before entering the storm
sewer system or waterways.
a. Standard Operating Guidelines:
Clean affected street surfaces and storm sewer infrastructure once operations are
complete
Crews generated less than a gallon of slurry when cutting concrete. Sites were worked
and cleaned in favorable weather, leaving no pollutants in the right of way.
Use quick gel and shovel or wet vac if a large project is proposed
b. Corrective Action(s):
None. Use quick gel and shovel or wet vac if a large project is proposed.
5.2 Standard: Capture and dispose concrete waste
Standard Operating Guidelines:
Haul concrete waste and stage it separately from fill or other materials, or dispose
of concrete directly from the job site
Crews staged concrete in a bin or took it to the appropriate section of the landfill
Corrective Action(s):
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None
6.0 TRAINING
Staff receives training related to this Activity per the requirements within the City’s MS4 Permit
and training is documented in the SWMP.
7.0 RECORD KEEPING AND REPORTING
Staff stores copies of this FSWPPP at the Stormwater Division’s Office.
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Activity Stormwater Pollution Prevention Plan
Emergency Water Main Break
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating Guidelines (SOGs) to mitigate stormwater pollutants generated during Emergency Water Main
Breaks (Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
Leader: John Alston - Water, Sewer, and Storm Superintendent
3.0 ACTIVITY DESCRIPTION
The Activity includes water main excavation, dewatering, repair, cleanup, and site restoration.
Water and Sewer Division SOGs also exist for this Activity.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
Total Suspended Solids (TSS): Sediments from pressurized washout and dewatering.
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation:
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture, contain,
and allow the disposal of generated pollutants, and treat dewatering flows to remove
sediment to the maximum extent practicable before entering the storm sewer system or
waterways.
Standard Operating Guidelines:
Reduce flows to water main as soon as possible by operating valves.
Direct dewatering discharges to permeable area (park or field), when available. If not, place multiple weighted wattles in the curb line above impacted inlets.
Sweep affected streets and clean storm sewers once the main is repaired.
Corrective Action(s):
Replace rock bags with manufactured weighted wattles.
5.2 Standard: Cover or contain material stockpiles.
Standard Operating Guidelines:
Excavate soil and place directly into dump trucks and dispose of the materials offsite.
Hydro-excavate soils and dispose of the materials offsite.
Corrective Action(s):
None
5.3 Standard: Contain or stabilize disturbed areas within 14 days of activities.
Standard Operating Guidelines:
Stabilized disturbed area with asphalt surfacing, temporary packed road base, steel
plat cover, or low to grade backfill.
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Corrective Action(s):
None
5.4 Standard: Capture and dispose concrete waste.
Standard Operating Guidelines:
Capture all concrete washout in an enclosed container or within the excavation.
Corrective Action(s):
Purchase concrete washout bags and stage in vehicles.
6.0 TRAINING
Applicable staff review annually using the City’s training software.
7.0 RECORD KEEPING
Stored in the City’s electronic files and training software.
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Activity Stormwater Pollution Prevention Plan
Parks Mowing
December 20, 2021
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating Guidelines (SOGs)
to mitigate stormwater pollutants generated while mowing City Parks (Activity).
2.0 STORMWATER TEAM
The following Staff members are responsible for this ASWPPP’s implementation:
Leader: Thom White, Parks Superintendent Division Manager
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 ACTIVITY DESCRIPTION
The Activity includes Parks staff conducting mowing within City Parks.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
Nitrogen: Organic material, soil ammendment, mulch
Phosporus: Organic material, soil ammendment, mulch Floatables: Dry grass
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation. All standards are listed
in the City’s Stormwater Management Plan.
Standard: Protect street surfaces and inlets by deploying controls that capture, contain, and allow the
disposal of generated pollutants.
a. Standard Operating Guidelines:
If significant grass clippings are discharged to the street or curb, call a street sweeper or blow the
clippings back onto a mowed area.
Use high quality mowers designed to mulch in place rather than discharge to the side.
b. 2021 Assessment:
Crews were trained on high-end mowers, with fewer seasonal employees than in the past. Regular
mowing resulted in clippings being mulched in place with insignificant amounts of clippings
migrating onto the road or curb.
Compliant
b. Corrective Action(s):
2021: None
Standard: Implement tracking controls to prevent the offsite migration of debris
Standard Operating Guidelines:
Vehicles and equipment are designed for low pressure on the ground. If there are disturbed
areas in a Park, mowers avoid them.
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2021 Assessment:
Crews kept vehicles and equipment on stabilized surfaces and they used street sweepers to
clean debris in the curb line and around the excavation.
Compliant
Corrective Action(s):
None
Additional considerations for soil amendments
Standard Operating Guidelines:
Do no apply soil amendments to natural areas, watercourse setbacks, or stormwater facilities.
Follow all manufacturers guidelines surrounding the timing and rate of application.
2021 Assessment:
Crews followed standard guidelines, resulting in an efficient application of soil amendments.
These procedures should keep excess nutrients out of stormwater runoff.
Compliant Corrective Action(s):
None
6.0 TRAINING
Staff receives training related to this Activity per the requirements within the MS4 Permit and maintains
training documentation in the SWMP.
7.0 RECORD KEEPING AND REPORTING
Copies of the plan are stored at the City Shops Facility and the Stormwater Office.
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1
Activity Stormwater Pollution Prevention Plan
Roadway Traction Sand Application
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating Guidelines (SOGs) to mitigate stormwater pollutants generated during roadway traction sand
application (Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
a. City Leader: John Vandelinder, Streets Superintendent b. MSU Leader: EJ Hook, Director of Facilities Services
3.0 ACTIVITY DESCRIPTION
The Activity includes the application of sand to roads for vehicle and pedestrian traction during
snow and freezing weather patterns. The City implements year-round street sweeping and storm
sewer maintenance programs, in large part focused on picking up applied road sand.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
a. Total Suspended Solids (TSS): Road sand b. Magnesium and Sodium Chlorides: Road sand mixtrues contain approximatly 10% sodium
chloride and minor amounts of Magnesium Chloride to promote use and application.
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation:
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture, contain, and allow the disposal of generated pollutants.
a. Standard Operating Guidelines:
Apply traction sand at an appropriate rates and locations as directed by management.
Inspect equipment to ensure proper application rates are occuring.
Inspect Magnesium Chloride tanks for cracks and leaks.
Notify management of any equipment issues upon identification.
b. Corrective Action(s):
None
6.0 TRAINING
Applicable staff review annually using the City’s training software.
7.0 RECORD KEEPING
Stored in the City’s electronic files and training software.
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Activity Stormwater Pollution Prevention Plan
Sanitary Sewer Overflows
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating
Guidelines (SOGs) to mitigate stormwater pollutants generated during Sanitary Sewer
Overflows (Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
City Leader: John Alston, Water, Sewer, and Storm Superintendent
MSU Leader: EJ Hook, Director of Facilities Services
3.0 ACTIVITY DESCRIPTION
The Activity includes clearing the sewer obstruction and cleaning affected infrastructure. Water
and Sewer Division SOGs also exist for this Activity.
4.0 POLLUTION IDENTIFICATION
Following is a list of pollutants generated during this Activity:
E. Coli: Municipal wastewater/sewage
Floatables: Municipal wastewater/sewage
Nutrients: Municipal wastewater/sewage
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this Activity:
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture, contain,
and allow the disposal of generated pollutants
Standard Operating Guidelines:
Clean sewage and wash-waters from impacted storm sewers during and post-event.
Wash sanitary sewage from the street once the blockage is cleared.
Dispose of collected sewage at the Vehicle Maintenance Facility’s dump station.
Contact County Health and MDEQ and follow provided mitigation measures.
Corrective Action(s):
None
6.0 TRAINING
Applicable staff review annually using the City’s training software.
7.0 RECORD KEEPING
Stored in the City’s electronic files and training software.
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1
Activity Stormwater Pollution Prevention Plan
Sidewalk and Curb Construction
December 30, 2021
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating
Guidelines (SOGs) to mitigate stormwater pollutants generated during concrete sidewalk,
driveway and curb construction (Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
Leader: John Vandelinder, Streets Superintendent
Leader: John Alston - Water, Sewer, and Storm Superintendent
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 ACTIVITY DESCRIPTION
The Activity includes replacing concrete surfaces which have deteriorated, need regrading, or have
to be removed for utility work. The City only constructs small concrete patches, larger jobs are
contracted out.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
pH: Portland cement within the concrete mix has high pH, and is mobile until it cures.
Total Suspended Solids (TSS): Sediments from concrete aggregate and underlying
materials.
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation. All
standards are listed in the City’s Stormwater Management Plan.
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture,
contain, and allow the disposal of generated pollutants, and treat dewatering flows
to remove sediment to the maximum extent practicable before entering the storm
sewer system or waterways.
a. Standard Operating Guidelines:
Finish pouring concrete in one day, clean job site when complete
Construct concrete sidewalk, driveway, or curb and gutter when the weather will not
produce runoff
b. Corrective Action(s):
2021: None. A larger washout and portable washouts will be made available to ensure
a thorough cleanup. Crews mix and pour small concrete jobs, avoiding the mixing of
excess concrete.
5.2 Standard: Cover or contain material stockpiles
a. Standard Operating Guidelines:
Little material is moved in a typical concrete project. Excavate soil or concrete and
place directly into dump trucks and dispose of the materials offsite. Only the needed
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amount of fill is dispensed from the dump truck.
b. Corrective Action(s):
2021: None
5.3 Standard: Implement tracking controls to prevent the offsite migration of debris
Standard Operating Guidelines:
Vehicles and equipment shall travel on stabilized surfaces
Sweep sediment from all affected impervious areas and dispose of the materials
offsite
Corrective Action(s):
2021: None
5.4 Standard: Capture and dispose concrete waste
Standard Operating Guidelines:
Only mix the amount of concrete needed for the job.
Capture any concrete washout in a temporary or permanent washout.
Corrective Action(s):
2021: None. Stormwater staff suggests purchasing additional concrete washout
bags to stage in vehicles, and to build a lined washout for any scheduled large
projects.
6.0 TRAINING
Staff receives training related to this Activity per the requirements within the City’s MS4 Permit
and maintains training documentation in the SWMP.
7.0 RECORD KEEPING AND REPORTING
Staff stores copies of this ASWPPP at the Stormwater Division’s Office.
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1
Activity Stormwater Pollution Prevention Plan
Solid Waste Collection
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating Guidelines (SOGs) to mitigate stormwater pollutants generated during routine solid waste
collection (Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
a. City Leader: Kevin Handelin, Solid Waste Superintendent b. MSU Leader: EJ Hook, Director of Facilities Services
3.0 ACTIVITY DESCRIPTION
Collection of solid waste from inidivdual containers and transport to the landfill for disposal.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
a. Floatables: Typical garbage items that do not fit or stay within the receptacle.
b. Various Chemical: Leaking household/commercial chemicals and pollutants.
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation:
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture, contain,
and allow the disposal of generated pollutants.
a. Standard Operating Guidelines:
Visually inspect cans, dumpsters, and equipment for leaks, spills, and dangerous fluids/materials. If identified, report to your supervisor immediately, who will contact the appropriate agency for response and clean-up (City Vehicle Maintenance or City Fire - HazMat).
Inspect for rusty, broken, or damaged cans and dumpsters. If identified, leave in
place and notify your supervisor, who will develop a plan for removal and
replacement. Moving or lifting a cracked can or dumpster could result in a large
and uncontrollable spill.
Upon route completion, haul solid waste directly to the Gallatin County Landfill for disposal.
Maintain a spill kit at the Solid Waste Facility that can be deployed, as necessary.
b. Corrective Action(s):
None
6.0 TRAINING
Applicable staff review annually using the City’s training software.
7.0 RECORD KEEPING
Stored in the City’s electronic files and training software.
103
1
Activity Stormwater Pollution Prevention Plan
Tree Planting, Pruning and Removal
December 30, 2021
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating
Guidelines (SOGs) to mitigate stormwater pollutants generated during tree planting, pruning, and
removal (Activity).
2.0 STORMWATER TEAM
The following Staff members are responsible for this ASWPPP’s implementation:
Leader: Alex Nordquest, Forestry Division Manager
Offsite Coordinator: Adam Oliver, Stormwater Program Coordinator
3.0 ACTIVITY DESCRIPTION
This Activity covers City forestry staff activities involving tree planting, pruning, and removal
activities at City properties including facilities, parks, and street boulevards. Tree planting involves
creating a small disturbance area during the digging of the tree hole, planting the tree, and adding
fertilizers/ soil amendments to the newly planted area. Tree pruning and removal activities involve
the removal of overgrown vegetative material or complete trees from City properties. Vegetative
material and debris are disposed of properly at the East Gallatin Storage Facility.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
Nitrogen: Organic material, soil amendments, fertilizers, mulch
Phosphorus: Organic material, soil amendment fertilizers, mulch
Potassium: Soil amendments and fertilizers, mulch
Hydrocarbons: Equipment fuels
Floatables: Fine woody debris, sawdust
Total Suspended Solids (TSS): Soils
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation. All
standards are listed in the City’s Stormwater Management Plan.
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture,
contain, and allow the disposal of generated pollutants.
a. Standard Operating Guidelines:
Finish tree activities in one day, clean job site when complete
Use hand sweeping tools to clean up sediment from the street surfaces. If necessary,
coordinate with the City street sweeper vehicle to clean streets after larger jobs.
Increase frequency of street sweeping based on rainy weather conditions
b. Corrective Action(s):
2021: None
5.2 Standard: Cover or contain material stockpiles
a. Standard Operating Guidelines:
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Little material is used during these tree activities. Excavated material can typically be
used to refill tree holes. If large amounts of materials are generated, excavated soil will
be immediately and directly placed into containers and disposed of properly offsite.
b. Corrective Action(s):
2021: None
5.3 Standard: Contain or stabilize disturbed areas within 14 days of activities
a. Standard Operating Guidelines:
Minimize disturbance areas during tree planting and removal activities
Stabilized disturbed areas immediately following tree activities using mulch or
b. Corrective Action(s):
2021: None
5.4 Standard: Implement tracking controls to prevent the offsite migration of debris
Standard Operating Guidelines:
Vehicles and equipment shall travel on stabilized surfaces
Sweep sediment from all affected impervious areas and dispose of the materials
offsite
Corrective Action(s):
2021: None
6.0 TRAINING
Staff receives training related to this Activity per the requirements within the City’s MS4 permit
and maintains training documentation in the Stormwater Management Plan (SWMP).
7.0 RECORD KEEPING AND REPORTING
Copies of this ASWPPP are located at the Forestry Office and the Stormwater Office. This ASWPP
is also stored in the City’s electronic files and training software.
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1
Activity Stormwater Pollution Prevention Plan
Trenching and Excavation
1.0 OVERVIEW
This Activity Stormwater Pollution Prevention Plan (ASWPPP) includes Standard Operating Guidelines (SOGs) to mitigate stormwater pollutants generated during trenching and excavation
(Activity).
2.0 STORMWATER TEAM
The following Staff member is responsible for this ASWPPP’s implementation:
3.0 ACTIVITY DESCRIPTION
The Activity includes water main excavation, dewatering, infrastrucutre repair or installation,
cleanup, and surface restoration.
4.0 POLLUTION IDENTIFICATION
Following is a list of stormwater pollutants generated during this Activity:
5.0 STANDARDS ASSESSMENT
Section 5.0 outlines the City’s Activity Minimum Standards applicable to this operation. All
standards are listed in the City’s Stormwater Management Plan.
5.1 Standard: Protect street surfaces and inlets by deploying controls that capture, contain, and
allow the disposal of generated pollutants, and treat dewatering flows to remove sediment
to the maximum extent practicable before entering the storm sewer system or waterways.
Minimize the limits of disurbance to the extent practical.
Direct dewatering discharges to permeable area (park or field), when available. If not, place multiple weighted wattles in the curb line above impacted inlets.
Sweep affected streets and clean storm sewers once the main is repaired.
Replace rock bags with manufactured weighted wattles.
5.2 Standard: Cover or contain material stockpiles
Excavate soil and place directly into dump trucks. Dispose of the materials offsite.
Hydro-excavate soils and dispose of the materials offsite.
None
5.3 Standard: Contain or stabilize disturbed areas within 14 days of activities
Stabilized disturbed area with asphalt surfacing, temporary packed road base, steel plat
cover, or low to grade backfill.
None
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5.4 Standard: Implement tracking controls to prevent the offsite migration of debris
Limit vehicle and equipment travel to stabilized surfaces.
Sweep or vac sediment from all affected roads and dispose of the materials offsite.
None
5.5 Standard: Capture and dispose concrete waste
Remove concrete from excavation and stage separately from other fill materials.
Capture all concrete washout in an enclosed container or within the excavation.
Purchase concrete washout bags and stage in vehicles.
6.0 TRAINING
Applicable staff review nnnually using the City’s training software.
7.0 RECORD KEEPING
Stored in the City’s electronic files and training software.
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Attachment B:
High-Priority Post Construction Facility Inspections
108
Stormwater Facility Inspection Form
Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.H04.00006 Facility Type: Surface Detention
Date/Time: 6/25/2021 0900
Owner: Bozeman School District Contact: Matthew Stark, Gary Cuchine
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Parking lot off 11th by the service building
Type of Inspection: High Priority
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: ~0.1” overnight
Temperature: 55°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: N/A
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________ 6/25/2021
109
Stormwater Facility Inspection Form Page 2 2021
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes ☒ No Damp, but drained down within 24 hrs
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes ☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No
Mowing, integrated with surrounding landscape. Outfall area is
natural, not mowed.
110
Stormwater Facility Inspection Form Page 3 2021
Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 100
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 1.24 4793 Outlet structure lid
SRV#1
Inlet 3.5 4790.74 Curb cuts, =/- 0.1’
SRV#2
Outlet 4.71 4789.53 Invert from basin
SRV#3
Center 3.99 4790.25
SRV#4
North of Center - -
SRV#5
East of Center 4.48 4789.76
SRV#6
South of Center - -
SRV#7
West of center 3.98 4790.26
SRV#8
Berm or overflow 3.3 4790.94 Approximate high point
SRV#9 4.91 4789.33 Invert within outlet structure, outlet side
Summary
The site appeared to be in the same condition as last year. I did not shoot any elevations, will perform that task again next
year.
111
Stormwater Facility Inspection Form Page 4 2021
Section 6: Facility Sketch
112
Stormwater Facility Inspection Form Page 5 2021
Section 7: Photo Log
Image 1
Facility overview. Control point is foreground, outlet structure
rim. (west view)
Image 2
Outlet structure. Flow is from top of photo, to tee, bottom of photo
to outfall. (close-up)
113
Stormwater Facility Inspection Form Page 6 2021
Image 3
Outfall is below long grass at upper left of photo. (east view)
Image 4
Curb cuts leading to facility. This facility also accepts flow from the south
and west fields. (south view)
114
Stormwater Facility Inspection Form Page 7 2021
Image 5
Evidence of high flows since last year. Slight debris in outlet
structure.
115
Stormwater Facility Inspection Form
Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: TBD, west of the green tennis court Facility Type: Surface Detention
Date/Time: 6/25/2021 0915
Owner: Bozeman School District Contact: Matthew Stark, Gary Cuchine
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Tennis court parking lot
Type of Inspection: High Priority
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: ~0.1” overnight
Temperature: 55°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: N/A
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________ 6/25/2021
116
Stormwater Facility Inspection Form Page 2 2020
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes ☒ No Damp, but drained down within 24 hrs
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes ☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No
Less frequent mowing in the basin. No signs of debris or trash
buildup. Outfall area is natural, planted saplings, no signs flow from
the basin.
117
Stormwater Facility Inspection Form Page 3 2020
Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 5
Aquatics 0
Grasses/Herbaceous 90
Trees >3” DBH 5
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 3.05 4798 From Infrastructure contours. H.I. = 4801.05
SRV#1
Inlet 6.62 4794.43 Invert at trash rack, inlet from southwest
SRV#2
Outlet 6.88 4794.17 Rim
SRV#3
Center 7 4794.05
SRV#4
North of Center 3.19 4797.86 West curb cut, flow line
SRV#5
East of Center 7.09 4793.96
SRV#6
South of Center 3.7 4797.35 East curb cut, flow line
SRV#7
West of center 6.97 4794.08
SRV#8
Berm or overflow 5.1 4795.95 On gravel
SRV#9 5.9 4795.15 Inlet from south
Summary
The site appeared to be in the same condition as last year. I did not shoot any elevations, I will repeat that task next year.
118
Stormwater Facility Inspection Form Page 4 2020
Section 6: Facility Sketch
119
Stormwater Facility Inspection Form Page 5 2020
Section 7: Photo Log
Image 1
Curb cut. (northwest view)
Image 2
Facility overview. (east view)
120
Stormwater Facility Inspection Form Page 6 2020
Image 3
Slotted manhole, leads to basin at center of photo. Parking lot drains
from curb cut by the birch tree at upper right. (northeast view)
Image 4
Second inlet from south. (south view)
121
Stormwater Facility Inspection Form Page 7 2020
Image 5
Overflow channel of gravel and asphalt leading to Mandeville Creek. (east
view)
Image 6
Overflow channel and outfall. (southeast view)
122
September 9, 2021
Attn: Kim A. Center, Registered Agent
Bridger Creek Subdivision Community Association, Inc.
PO Box 4592 Bozeman, MT 59772
RE: Bridger Creek Subdivision High-Priority Stormwater Facility Inspection
Kim Center,
Bridger Creek Subdivision Community Association is responsible for the maintenance of
a stormwater facility the City of Bozeman has deemed as a high-priority due to its size
and discharge location. Stormwater facilities are engineered systems designed to capture, store, infiltrate, and release urban runoff to local waterways. Unmaintained
stormwater facilities pose a risk to residents, property, and the environment by
increasing the chance of urban flooding and waterway pollution. As such, the City
completes annual inspections of high-priority facilities.
On September 1st, 2021, Stormwater Division personnel completed an inspection of the
Bridger Creek Subdivision Community Association facility and have compiled the
following information for your review:
1. Bridger Creek Stormwater Facility Map 2. Stormwater Facility Inspection Report, including findings and maintenance items 3. Stormwater Facility Maintenance Guide
In summary, we have identified the following issues during the inspection:
1. The stormwater facility contains sediment, overgrown dead and dying vegetation,
and excessive live vegetation which may prevent stormwater from accessing the outlet structure.
2. Stormwater capacity may be reduced over time, and potentially negatively affect
detention time (increasing flood risk and erosion) and downstream water quality
of the East Gallatin River.
The City asks that Bridger Creek Subdivision Community Association submit a plan for
maintenance of these issues.
I am available to answer questions regarding this letter and the attached information
and can be reached at rsmith@bozeman.net or 406-582-2937.
Regards,
Russ Smith, Stormwater Program Technician
Russ Smith
123
#*
")
")
")
")
")
")
&-
&-
BOYLAN RD
Legend
&-Outfall
")Inlet
#*Outlet Structure
Pipe
Parcels
HOA Facility
High-Priority Stormwater InspectionBridger Creek Subdivision ±
Map created by the City of Bozeman Stormwater Division on 9/2/2021 and is intended for planning purposes only.
Stormwater Facility 1
Stormwater Ditch 1
Stormwater Ditch 2
124
Stormwater Facility Inspection Form
Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.E01.00007 Facility Type: Surface Detention
Date/Time: 11:30 9/1/2021
Owner: Bridger Creek HOA Contact: Kim Center – registered agent ( Sharyn Anhalt,
previous)
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Boylan Rd, apex. Access off road
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: High Priority
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0”, 48+ hrs
Temperature: 62⁰ F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: 5+ gpm flowing into impoundment from southerly ditch.
Section 3: Facility Maintenance Priority
☐ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☒ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: 9/1/2021
125
Stormwater Facility Inspection Form Page 2 2021
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☒ Yes
☐ No
(1) Significant sediment within pond
Remove excess sediment around inlet and outlet
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No
(1) Significant live plant matter, dead plant matter & overgrown
vegetation in and around pond.
Reduce excess vegetation that impedes flow or reduces volume
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☒ Yes
☐ No
(1) Irrigation box inside of inlet, irrigation pipe inside culvert
Monitor outlet grate condition for sufficient conveyance
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☒ Yes ☐ No
(1) Reduced capacity inside storage impoundment
See Section 1.3
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☒ Yes
☐ No Standing water throughout
2.4 Flow Path Clogged or obstructed flow path? ☒ Yes
☐ No
(1) Significant obstructions in flowpath
See Section 1.3
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No
Please submit a written plan that addresses long term maintenance
of increased vegetation growth
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No Mowing outside the pond perimeter
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Open Water 25
Aquatics 55 Cattails are rapidly encroaching into pond
Grasses/Herbaceous 10
Trees >3” DBH 5 Aspen trees once colonized into pond and then died from inundation, are a dominant characteristic
Shrubs
5
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
CP
San Swr Lid 22+87.66 9.42 4703.0 Backsight control elevation inferred from design plans; may vary from actual.
SP01
Inlet Grate 10.29 4702.13 Grate at west side, street curb level at Boylan Rd
SP02
Inlet Pipe Invert 13.39 4699.03 RCP apron in dense vegetation; irrigation control box in flowpath
SP03
WSE 12.67 4699.75 Pond water surface elevation
SP04
NW Topo Low 11.74 4700.68 Low area NW of pond bank (potential overflow)
SP05
Outlet Structure
Invert
12.05 4700.37 8” PVC invert interior of outlet CMP
SP06
Outlet Top of Grate 11.11 4701.31 Grate elevation top of vertical CMP
SP07
Outfall Invert 12.12 4700.30
8” PVC invert at outfall
SP08
South Topo Low 10.74 4701.68 Low area south of outlet works (potential overflow)
Summary Geometry and volume of impoundment are similar to that in design documentation. Basin bottom elevation is likely lower
than originally specified. Increasing vegetative growth may reduce capacity over time.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Detention pond (west view); standing water, dead and decadent tree and
shrub vegetation layer.
Image 2
Inlet from road CMP; abundance of vegetation clogging structure.
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Image 3
Outlet structure; clogged with vegetation.
Image 4
Outlet structure; notched weir closeup.
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Stormwater Facility Maintenance Guide
What is a stormwater facility?
A stormwater facility is an engineered depression constructed to
capture and treat polluted stormwater flowing from roads,
parking lots, and driveways. Maintenance of stormwater facilities
is necessary to ensure their proper function, reducing negative impacts on local waterways and flooding.
What is the benefit of a stormwater facility?
A stormwater facility:
Controls the rate of stormwater runoff flowing into streams, reducing flooding and erosion.
Removes stormwater pollutants, such as sediment, fertilizers, pet waste, metals, and oils,
protecting the public and the environment.
Who is responsible for stormwater facility maintenance?
Typically, the City requires developers to create and implement a stormwater facility maintenance
plan when constructing a subdivision or property. Home Owner Associations (HOAs) assume
responsibility when the subdivision changes ownership, and the developer is no longer involved.
How do I maintain a stormwater facility?
The City recommends HOAs complete the following:
Compile relevant documents, such as infrastructure plans, maintenance plans, and contracts.
Complete a facility inventory, documenting facility location, and condition information.
Develop a comprehensive plan, including budget, inspection frequency, and a record-keeping
process. Assistance from a qualified professional may be helpful.
Important stormwater facility characteristics to consider include:
Capacity: Excess vegetation and sediment reduces capacity and affects performance.
Soil infiltration: Compaction and accumulated sediment reduce infiltration rates, resulting in stagnant, standing water that can breed mosquitos and algae.
Vegetation height: 6” or taller reduces flow velocity and provides water treatment.
Images 2 through 5 show the results of inadequate stormwater facility maintenance.
Image 1 - Stormwater Basin
Image 2 - Overgrown vegetation Image 3 - Erosion causing channelized flow
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Recommended Maintenance Strategy
HOAs should complete routine inspections and maintenance to
ensure a stormwater facility functions as designed, reducing pollution, costly repairs, and flood risks. The City recommends the
following maintenance strategy:
1. Routine Maintenance Activities (1-3 Months)
Designate “no-cut zones” in the bottom of the facility
Remove trash, leaves, grass clippings, and debris
Establish a chemical-free zone in and around the facility
Inspect for uniform ponding, and that water disappears three
days after rain events
2. Annual Maintenance Activities (Annually)
Cut vegetation to 6” in fall, remove clippings
Re-establish vegetation on eroded and barren areas
Remove excess sediment buildup
Update maintenance plan and inspection log
3. Long-Term Maintenance Activities (10-15 Years)
Consult a qualified professional to inspect and return the
facility back to its initial design and capacity
Dredge facility if sediment buildup is greater than 6”
Re-establish vegetation along the facility’s banks and bottom
Contact Information
It is important HOAs maintain their stormwater facilitys to ensure Bozeman continues to be “The Most Livable Place”. Please contact the Stormwater Division for
more information or to schedule a voluntary inspection.
Adam Oliver Russ Smith Stormwater Program Coordinator Stormwater Project Technician
406-582-2916 406-582-2937
aoliver@bozeman.net rsmith@bozeman.net
Image 4 - Obstructed inlet pipe Image 5 - Water 3-days after rain event
Image 6 – No cut zone
Image 8 – Long-Term Maintenance
Image 7 – Annual Maintenance
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.H02.00001 (Kenyon Noble DP2) Facility Type: Surface Detention
Date/Time: 9/1/2020 12:15
Owner: Kenyon Noble Contact: Jayson Thompson, 406-556-2912, 406-595-3687
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Call Jayson prior to visit as necessary
Type of Inspection: High priority, overflows to Mandeville Creek
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0”, 48+ hrs
Temperature: 68⁰ F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: Please see italicized maintenance items in section 4.
Section 3: Facility Maintenance Priority
☐ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk
of flooding, waterway pollution, and infrastructure failure.
☒ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: 9/1/2021
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No
(1) Dense cattails. This is usually a sign of standing water.
Remove excess vegetation that is blocking the flow path to the
outlet pipe.
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☐ No Did not observe
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☒ Yes ☐ No
(1) West side of facility has visible sediment or fill.
Remove sediment to regain original capacity of the stormwater
basin.
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☐ No N/A Did not observe, but cattails indicate stagnant water.
2.4 Flow Path Clogged or obstructed flow path? ☒ Yes
☐ No See 4.1.3 Vegetation (above)
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 5 Recently placed or disturbed soil in the northwest corner.
Aquatics 75 Heavy overgrowth of cattails choking inlet and outlet structures.
Grasses/Herbaceous 20
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 4.56 4727.00
SRV#1
Inlet 6.75 4724.81
SRV#2
Outlet 7.64 4723.92
SRV#3
West of Center 7.36 4724.20
SRV#4
Center 7.42 4724.14
SRV#5
East of Center 7.42 4724.14
Summary
Bottom is uniform, but northwest corner appears to be filled in; aerial images confirm.
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Section 6: Facility Sketch
CP
*1
*2 *3 *4 *5
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Section 7: Photo Log
Image 1
Facility overview (west view).
Image 2
Inlet pipe with accumulated sediment.
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Image 3
Inlet pipe location (at survey stadia); note heavy overgrowth of detention
basin.
Image 4
Northwest corner of detention basin. Note fill on right, likely from snow
removal and storage efforts (south view).
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #1 (DP.H06.00026) Facility Type: Surface Detention
Date/Time: 8/31/2021 13:06
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Roskie parking lot
406-994-7840
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0”, 48+ hrs
Temperature: 75⁰ F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___8/31/21_______
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☒ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground <5
Aquatics 0
Grasses/Herbaceous 95
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary It does not appear that any sedimentation or changes in geometry have occurred since this site was last surveyed; did not
measure elevations.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview. (East view)
Image 2
Emergency overflow. (West view)
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Image 3
Facility inlet/outlet. Small amounts of sediment in pipe.
Image 4
Cobble reinforced emergency spillway.
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #2 (DP.H06.00400) Facility Type: Surface Detention
Date/Time: 8/31/2021 13:00
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Parking by greenhouse
406-994-7840
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0”, 48+ hrs
Temperature: 74⁰ F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___8/31/21_______
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 100
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary It does not appear that any sedimentation or changes in geometry have occurred since this site was last surveyed; did not
measure elevations.
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Section 6: Facility Sketch
Confirm outlet structure and appx width
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Section 7: Photo Log
Image 1
Facility overview. (East view)
Image 2
Outlet structure sump with debris. (Close-up)
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #3 (DP.H06.00024) Facility Type: Surface Retention
Date/Time: 8/31/2021 12:42
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: East end of Deer St (off S 13th Ave)
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0” 48+hrs
Temperature: 73 ⁰F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___8/31/21_______
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No Recent Mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 95
Trees >3” DBH 5 perimeter
Shrubs
0
Total
100 The facility bottom is uniform and well maintained.
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary It does not appear that any sedimentation or changes in geometry have occurred since this site was last surveyed; did not
measure elevations.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Overview (north view). Basin inlet is at far left hand side of facility,
overflow is toward right.
Image 2
Pond inlet (west view). Small amounts of debris and sediment behind
trash rack.
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Image 3
Overflow with riprap armoring (east view).
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #4 (DP.H06.00023) Facility Type: Surface Detention
Date/Time: 8/31/2021 12:45
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Project Technician
Location/Access info: from W Garfield and behind Plant Growth Center
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0” 48+ hrs
Temperature: 74⁰ F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk
of flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___8/31/21_______
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No
(1) Overgrown grass and herbaceous layer potential to constrict
flow. Small infestation of spotted knapweed (Centaurea stoebe).
Routine weed control, mowing and debris removal will address
potential flow restrictions or noxious weed occurrences.
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes
☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 10
Aquatics 0
Grasses/Herbaceous 85 Basin appears to be functioning as designed. Vegetation is accumulating in and around trash racks.
Trees >3” DBH 0
Shrubs
5
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary It does not appear that any sedimentation or changes in geometry have occurred since this site was last surveyed; did not
measure elevations.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview (northeast view).
Image 2
Outlet structure (northwest view).
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Image 3
Inlet apron (southwest view). Overgrown vegetation.
Image 4
Inlet structure (northeast view). Overgrown vegetation.
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Image 5
Inlet 2 close-up inside trash rack.
Image 6
Inlet structure facing (northeast view). Overgrown vegetation.
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #5 (DP.H06.00028) Facility Type: Surface Detention
Date/Time: 8/31/2021 12:30
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Across from W Harrison, off S. 11th St.
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 48 Hours +
Temperature: 73 ⁰F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ____ ___________ Date: ___8/31/21_______
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No Recent mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 5
Aquatics 0
Grasses/Herbaceous 95
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary
It does not appear that any sedimentation or changes in geometry have occurred since this site was last surveyed; did not
measure elevations.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview (west view).
Image 2
Basin inlet from manhole. 15” HDPE (south view).
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Image 3
Outlet structure. Overflow is cobble stone to background (west view).
Image 4
Outfall, 18” HDPE (east view).
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: HP Stormwater Facility #6 (DP.H06.00025) Facility Type: Surface Detention
Date/Time: 8/31/2021 12:15
Owner: MSU Contact: EJ Hook, edward.hook1@montana.edu
Inspector’s Name, contact info: Russ Smith, Stormwater Program Technician
Location/Access info: Antelope parking lot off S 13th Ave
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0” 48+ hrs
Temperature: 72⁰ F, Smoke haze
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: Recently constructed.
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk
of flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___8/31/21________
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Stormwater Facility Inspection Form Page 2 2021
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No
(1) Moderate amount of red clover overgrowing on bottom of basin
Complete routine mowing to avoid flow path restriction.
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☒ Yes
☐ No Mild obstruction of bottom infiltration structure
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☒ Yes ☐ No
(1) Small amount of unvegetated side slopes
Establish vegetation on bare ground area.
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No Draft
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No Perimeter mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 10 Some side slopes not vegetated
Aquatics 0
Grasses/Herbaceous 90 Red clover overgrowing in bottom
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point/ Surface
Outlet Top CMP 6.69 100.00 Control
SRV#1
NW Inlet 8.02 98.67
SRV#2
Bottom Outlet 8.1 98.59
SRV#3
Center 8.11 98.58
SRV#4
Northwest of Center 8.05 98.64
SRV#5
East of Center 8.29 98.40
SRV#6
South of Center 8.18 98.51
SRV#7
Southern Inlet 7.73 98.96
SRV#8
Wier Control 8.48 98.21
SRV#9
PVC Outlet Invert 9.91 96.78
Summary
North pond slope approximately 5.2 : 1
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Section 6: Facility Sketch
CP*
1*
2*
3*
4*
5*
6*
7*
*8 (*9)
5.2 : 1
Slope
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Section 7: Photo Log
Image 1
Detention pond overview looking (northeast view). Note bare ground on
top break.
Image 2
Inlet one; note red clover in foreground.
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Image 3
Inlet 2; concrete curb and gutter from Hyalite Hall front parking lot.
Image 4
Surface outlet structure.
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Image 5
Outlet structure weir.
Image 6
Drywell; vertical infiltration drain. Note heavy cover of red clover.
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Image 7
Retention pond overview looking westward.
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.F01.00026 Facility Type: Surface Detention
Date/Time: 7/16/2021 10:30
Owner: SID 674, public easement Contact: Resonon (406) 586-3356
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Easement or trail at the west end of Commercial Dr.
Type of Inspection: High Priority - EGR
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: Very dry
Temperature: 80°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☐ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☒ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☒ Yes ☐ No
(1) Vegetation has grown in the easement and basin which would
prevent maintenance
Trim back vegetation to allow maintenance access.
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No
Thick willows and brush in the basin
Remove woody vegetation from the basin to restore capacity and
infiltration functions
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☐ No Unable to determine with the amount of vegetation
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes ☐ No Unable to determine with current conditions
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 5
Aquatics 5
Grasses/Herbaceous 10
Trees >3” DBH 10
Shrubs
70
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point
SRV#1
Inlet
SRV#2
Outlet
SRV#3
Center
SRV#4
North of Center
SRV#5
East of Center
SRV#6
South of Center
SRV#7
West of center
SRV#8
Berm or overflow
SRV#9
Summary
Unable to survey elevations due to thick vegetation
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Severely overgrown detention basin
Image 2
Looking east at edge of the detention impoundment.
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Image 3
Inlet pipe. Note overgrown vegetation.
Image 4
Outlet channel looking northeast. Note overgrown vegetation.
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Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: DP.H07.00022 (SUD #1) Facility Type: Surface Detention
Date/Time: 5/5/2021 9:00
Owner: South University District Contact: CoB
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Gravel paths by Campus Blvd
Type of Inspection: High priority, Mandeville Creek watershed
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: ________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0.01” <48 hrs
Temperature: 48°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________
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Stormwater Facility Inspection Form Page 2 2020
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☒ Yes
☐ No
Trash, mostly located near facility inlet. Image 6.
Remove trash from facility.
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☐ No TBD. Look for Park Plan in internal documents
3.2 Implementation Is there evidence of maintenance? ☒ Yes
☐ No Mowing
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 95
Trees >3” DBH 0
Shrubs
5 Tree species, young, planted
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 6.68 4931 Outlet structure rim
SRV#1
Inlet 8.56 4929.12 invert
SRV#2
Outlet 9 4928.68 Invert leaving facility
SRV#3
Center 9.26 4928.42
SRV#4
North of Center 9.18 4928.5
SRV#5
East of Center - -
SRV#6
South of Center 9.09 4928.59
SRV#7
West of center - -
SRV#8
Berm or overflow 7.92 4929.76
SRV#9 - -
Summary
The site appeared to be in the same condition as last year. I did not shoot any elevations, will perform that task next year.
There is no second inlet from the east as shown in GIS. Check next year for new site construction. Facility Sketch below shows
current conditions.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview. (north view)
Image 2
Outlet from the facility, outlet structure can be seen about ten feet
behind it. (west view)
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Image 3
Inside the outlet structure.
Image 4
Bottom of facility. (north view)
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Image 6
Trash and small amount of sediment at facility inlet. (east view)
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Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: DP.H07.00023 (SUD #2) Facility Type: Surface Detention
Date/Time: 5/5/2021 9:00
Owner: South University District/CoB Contact: Storm, Parks
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Gravel paths by Campus Blvd
Type of Inspection: High priority, Mandeville Creek watershed
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other:__________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0.01” <48 hrs
Temperature: 48°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☒ Yes
☐ No
Trash, mostly located near facility inlet. Image 2.
Remove trash from facility.
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☒ Yes
☐ No
Very small pool by facility inlet, possibly from irrigation. >48 hrs
since rainfall. Image 2.
No action needed.
2.4 Flow Path Clogged or obstructed flow path? ☒ Yes
☐ No
Sand bags in outlet pipe. Image 4.
Remove sand bags if they are not being used under an active
SWPPP.
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☒ No Look for Park Plan
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No
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Stormwater Facility Inspection Form Page 3 2020
Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 5
Grasses/Herbaceous 95
Trees >3” DBH 0 Planted trees are dead and/or outside of the facility
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 1.41 4939 SD manhole lid south of facility. Elevation estimated from plan contours. H.I.=4940.41
SRV#1
Inlet 9.63 4930.78 Facility inlet invert. 2” of water, likely from irrigation
SRV#2
Outlet 9.8 4930.61 Invert, pipe from facility
SRV#3
Center 9.65 4930.76
SRV#4
North of Center 9.72 4930.69
SRV#5
Outlet structure rim 7.17 4933.24
SRV#6
South of Center 9.22 4931.19
SRV#7
West of center - -
SRV#8
Berm or overflow 8.7 4931.71
SRV#9 - -
Summary
The site appeared to be in the same condition as last year. I did not shoot any elevations, will perform that task next year.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview. (north view)
Image 2
Facility inlet with sediment and trash beginning to accumulate. Overall,
taking a very small amount of volume. (east view)
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Image 3
Sediment and standing water at facility inlet. (east view)
Image 4
Facility outlet to outlet structure. Sand bags are intact but not meant to be
permanent. There is one phase of construction still to be completed which
leads to this facility. (west view)
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Image 5
Outfall. (northwest view)
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.G02.00017 (Tanges #1) Facility Type: Surface Detention
Date/Time: 7/16/2021 11:09
Owner: Tanges Subdivision Contact: Unknown
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: Performed inspection from the N 11th Ave sidewalk.
Type of Inspection: High priority, Mandeville Creek watershed
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: >48 hours, dry weather
Temperature: 60 F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: This facility needs significant vegetation maintenance. Mandeville Creek appears to now be flowing through facility.
In earlier mapping layers, Mandeville Creek flowed to the east of the larger pond and detention facility. Creek flows are now
moving through both ponds.
Section 3: Facility Maintenance Priority
☐ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk
of flooding, waterway pollution, and infrastructure failure.
☒ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________ 7/16/2021
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☒ Yes
☐ No Ownership and easement are uncertain
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☒ Yes
☐ No Overgrown appearance. Image 1.
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No Outfall structure is submerged and water flowing around it
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No Unable to tell from sidewalk
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☒ Yes
☐ No
Mostly filled with water, need to compare to creek elevation. Image
3.
Determine cause of standing water and remove blockage if possible.
Determine the role of the adjacent stream and pond.
2.4 Flow Path Clogged or obstructed flow path? ☒ Yes
☐ No
Curb inlets are scheduled to be maintained by City crews this year.
Images 1 and 2. If they are under water, they will not be able to be
maintained.
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes
☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes
☐ No Unknown
3.2 Implementation Is there evidence of maintenance? ☐ Yes
☒ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 60 water
Aquatics 10
Grasses/Herbaceous 10
Trees >3” DBH 0
Shrubs
20 willows
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point - -
SRV#1
Inlet - -
SRV#2
Outlet - -
SRV#3
Center - -
SRV#4
North of Center - -
SRV#5
East of Center - -
SRV#6
South of Center - -
SRV#7
West of center - -
SRV#8
Berm or overflow - -
SRV#9 - -
Summary
Did not shoot elevations due to thick vegetation.
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Section 6: Facility Sketch
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Section 7: Photo Log
Image 1
Facility overview, detention facility toward right where curb ends (north
view).
Image 2
Water backed up into inlet structure (close-up view).
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Image 3
Water flowing through facility / around outlet structure
Image 4
Standing water in facility (south view).
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Stormwater Facility Inspection Form Page 1 2021
Section 1: General Information
Facility ID: DP.E02.00006 Facility Type: Surface Detention
Date/Time: 9/14/2021
Owner: City of Bozeman Contact: John Vandelinder, 582-3203
Inspector’s Name, contact info: Russ Smith, rsmith@bozeman.net
Location/Access info: From E Griffin Dr. and driveway
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: 0”, >48 + hrss
Temperature: 68°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes:
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk
of flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ____________ Date: Sept 14, 2021 Russ Smith
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes
☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes
☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes
☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes
☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes
☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☒ Yes ☐ No Pea gravel installed on bottom of pond. Side slopes stabilized.
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes
☐ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within facility Notes
Bare ground 70 Pea gravel bottom
Aquatics 0
Grasses/Herbaceous 30 Timothy, Poa spp.
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation Analysis
Survey Point Reading (ft) Elevation (ft) Notes
SP01 7.85 4696.00 Top of Grate - Benchmark / Control Point
SP02 10.37 4693.48 Pond 1 FETS outlet Invert
SP03 10.64 4693.21 Pond Bottom Center
SP04 10.66 4693.19 Pond Bottom West
SP05 10.81 4693.04 Pond Bottom East
SP06 10.32 4693.53 Pond 1 Inlet PVC Invert
SP07 10.25 4693.60 Pond 1 Inlet CMP Invert
SP08 10.53 4693.32 Pond 2 FETS inlet
SP09 8.43 4695.42 Pond 1 E. Spillway
SP10 12.00 4691.85 Pond 2 Outlet CMP Invert
SP11 11.91 4691.94 Outfall north of Griffin Rd <1” sediment
Summary
205
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Section 6: Facility Sketch
206
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Section 7: Photo Log
Image 1
Facility overview. Main pond inlet at foreground (white PVC). Note gravel
installed on bottom of impoundment (northwest view).
Image 2
Primary detention basin with traction control aggregate facility on right;
note concrete barriers and stabilization blanket installed on the break in
slope and pond edge, respectively.
207
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Image 5
Main basin outlet and outlet structure manhole, the control point, visible
above center (east view).
Image 6
Outfall. Grass is tall but the outfall has a clear path to the East Gallatin River
(southeast view).
208
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Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: DP.I51.00073 Facility Type: Surface Detention
Date/Time: 5/12/2021 13:40
Owner: City of Bozeman Contact: Tom Radcliffe, tradcliffe@bozeman.net
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: WRF, within fenced area
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: >48hrs
Temperature: 59°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: 2021 High Priority Inspection.
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________ 6/8/2021
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No No rain within 48 hours, but no signs of standing water either
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes ☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 100
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 4.27 4620 MH lid. H.I. = 4624.27. Height from contours on plans.
SRV#1
Inlet 6.4 4617.87 West swale bottom, mowed area
SRV#2
Outlet 6.35 4617.92 PVC invert out of basin
SRV#3
Center 6.9 4617.37
SRV#4
North of Center - -
SRV#5
East of Center 6.7 4617.57
SRV#6
South of Center - -
SRV#7
West of center 6.6 4617.67
SRV#8
Berm or overflow 5.7 4618.57
SRV#9 - -
Summary
This facility is in good condition. There were no apparent changes, so I did not take elevations. I will repeat that task in 2022.
Routine maintenance included fall mowing and spring spot application of pesticide for weeds.
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Section 6: Facility Sketch
212
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Section 7: Photo Log
Image 1
Outlet structure and east half of the facility. (south view)
Image 2
West half of the facility. There is a small swale entering from the
background at the left of the photo. (west view)
213
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Image 3
Path of potential discharge toward the East Gallatin River. No signs of
flow. (north view)
Image 4
Outlet structure. Outfall is inside the fenced area. (north view)
214
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Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: DP.I51.00075 Facility Type: Surface Detention
Date/Time: 5/12/2021
Owner: City of Bozeman Contact: Tom Radcliffe, tradcliffe@bozeman.net
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: WRF, near parking area.
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: >48hrs
Temperature: 59°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: 2021 High Priority Inspection.
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________
215
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Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No Sediment and cattails, not significant at this time.
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes ☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No
216
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Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 25
Grasses/Herbaceous 75
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 3.43 4603 MH lid. H.I. = 4606.43. Height from contours on water plans.
SRV#1
Inlet 4.01 4602.42 Curb cut at asphalt height
SRV#2
Outlet 5.7 4600.73 PVC invert out of basin to outlet structure
SRV#3
Center 6.07 4600.36
SRV#4
North of Center - -
SRV#5
East of Center 5.94 4600.49
SRV#6
South of Center - -
SRV#7
West of center 5.92 4600.51
SRV#8
Berm or overflow 4.05 4602.38
SRV#9 - -
Summary
Cattails indicate fines slowing infiltration. Volume is not yet diminished, but this basin will likely need sediment removal
sooner than the others at WRF. There were no apparent changes from last year, so I did not take elevations. I will repeat
that task in 2022 and compare bottom elevation.
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Section 6: Facility Sketch
218
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Section 7: Photo Log
Image 1
Facility overview. Curb cut at foreground has been cleaned out since last
year and curbline has been swept. (north view)
Image 2
Basin is mowed up to the boundary with cattails. (south view)
219
Stormwater Facility Inspection Form Page 6 2020
Image 3
West half of facility, outlet and outlet structure. (northwest view)
Image 4
Path from outlet structure to outfall. (northwest view)
220
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Stormwater Facility Inspection Form Page 1 2020
Section 1: General Information
Facility ID: DP.I51.00074 Facility Type: Surface Detention
Date/Time: 5/12/2021
Owner: City of Bozeman Contact: Tom Radcliffe, tradcliffe@bozeman.net
Inspector’s Name, contact info: Adam Oliver, aoliver@bozeman.net
Location/Access info: WRF, outside of fenced area near WRF outfall
Type of Inspection:
☒ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Weather and Discharge Information
Most recent precipitation or melt: >48hrs
Temperature: 59°F
Is a stormwater discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Is an illegal discharge occurring? ☐ Yes ☒ No
If yes, what is the source and quality of discharge?
Notes: 2021 High Priority Inspection.
Section 3: Facility Maintenance Priority
☒ Low: Stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Medium: Stormwater facility requires minor to moderate sediment and vegetation maintenance to mitigate the risk of
flooding, waterway pollution, and infrastructure failure.
☐ High: Stormwater facility requires significant sediment dredging, vegetation removal, and/or infrastructure repairs to
restore function.
Inspector’s Signature: ________________________________ Date: ___________________ 6/8/2021
221
Stormwater Facility Inspection Form Page 2 2020
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☒ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☒ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☒ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☒ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☒ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☒ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes
☒ No No rain within 48 hours, but no signs of standing water either
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☒ No
2.5 Side Slopes Barren or exposed surfaces on
Facility’s side slopes and bottom?
☐ Yes ☒ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☒ Yes ☐ No
3.2 Implementation Is there evidence of maintenance? ☒ Yes ☐ No
222
Stormwater Facility Inspection Form Page 3 2020
Section 5: Quantitative Analysis
Vegetation
Cover type % Within
facility Notes
Bare ground 0
Aquatics 0
Grasses/Herbaceous 100
Trees >3” DBH 0
Shrubs
0
Total
100
Elevation
Analysis
Location Reading (ft) Elevation (ft) Notes
SRV#CP
Control Point 3.82 4605.82 MH lid. H.I. = 4605.82
SRV#1
Inlet - -
SRV#2
Outlet 6.51 4599.31 PVC invert out of basin to outlet structure
SRV#3
Center 6.78 4599.04
SRV#4
North of Center - -
SRV#5
East of Center 6.56 4599.26
SRV#6
South of Center - -
SRV#7
West of center 6.78 4599.04
SRV#8
Berm or overflow 4.42 4601.4
SRV#9 - -
Summary
This facility is in good condition. There were no apparent changes, so I did not take elevations. I will repeat that task in 2022.
223
Stormwater Facility Inspection Form Page 4 2020
Section 6: Facility Sketch
224
Stormwater Facility Inspection Form Page 5 2020
Section 7: Photo Log
Image 1
Facility overview, evidence of mowing since last inspection. (west view)
Image 2
Outfall. (north view)
225
Stormwater Facility Inspection Form Page 6 2020
Image 3
PVC outlet from basin to outlet structure. There is no evidence of recent
flow. (north view)
Image 4
Outlet structure and basin. (south view)
226
M PO BOX 1230
BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET/GOVERNMENT/STORMWATER
THE MOST LIVABLE PLACE
Montana Department of Environmental Quality Water Protection Bureau P.O. Box 200901
Helena MT 59620-0901
To Whom It May Concern,
City of Bozeman, permit MTR040002, has a change of the Storm Water Coordinator. The new Coordinator is Adam Oliver. The mailing address and phone number remain the same: P.O. Box 1230 Bozeman, MT 59771
New email address:
aoliver@bozeman.net
New phone number: 406-582-2916
Adam’s job title is Stormwater Program Manager. He will be acting as the Storm Water
Coordinator as referenced in the General Permit For Storm Water Discharges Associated
With Small Municipal Separate Storm Sewer Systems (MS4s) until further notice.
Jeff Mihelich
City Manager
Adam Oliver
Stormwater Program Manager
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
227
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Contract for General Contractor /
Construction Manager Services for the Relocation of Fire Station 2
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Contract for General Contractor /
Construction Manager Services for the Relocation of Fire Station #2
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On January 4, 2022 the City Commission adopted Resolution No. 5365
authorizing the use of an alternative project delivery contract for General
Contractor / Construction Manager services for the relocation of Fire Station
#2. This project will relocate Fire Station #2 (410 S. 19th Ave.) to the
northeast corner of 7th Ave. and Kagy Blvd. due to growth of the City. The
new location will improve service for the south side of the City, while also
serving as the primary response station for all of Montana State University
campus and Bozeman High School.
The General Contractor / Construction Manager (GC/CM) will work with the
design team to provide pre-construction services including cost estimates
and constructability review, in addition to performing all construction
services through the completion of the project.
Martel Construction, Inc. was selected through a competitive RFQ/RFP
process for professional services. This agreement has been reviewed by the
Legal Department and found to be acceptable in meeting the City’s
specifications and standards.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Fees for pre-construction services total $22,460. A Guaranteed Maximum
Price Amendment (GMP) will be required prior to initiating construction,
based on successful bids anticipated in late-summer of 2022. This project
will be funded through bonds approved by public vote on November 2,
228
2021.
Attachments:
1 - Contract between City and GCCM.docx
2 - Pre-Construction Services Conditions.docx
3 - General Conditions.docx
4 - Nondiscrimination and Equal Pay Affirmation.docx
5 - Fire Station #2 Relocation GC-CM RFQ-RFP.pdf
6 - Martel Proposal.pdf
Report compiled on: January 27, 2022
229
CONTRACT BETWEEN OWNER AND GENERAL CONTRACTOR/
CONSTRUCTION MANAGER FOR
Fire Station #2 Relocation
This CONTRACT is made as of:___________, 2022
BETWEEN:
Martel Construction, Inc.
1203 South Church Avenue
Bozeman, MT 59715
Hereinafter identified as the “CONTRACTOR” and:
City of Bozeman
P.O. Box 1230
20 East Olive Street
Bozeman, Montana 59771
hereinafter identified as the “OWNER”.
WITNESSETH that the Contractor and the Owner, for the consideration hereinafter named, agree as follows:
ARTICLE 1 – SCOPE OF WORK
The Contractor shall perform allWork as shown in the Contract Documents.
ARTICLE 2 – CONTRACT SUM
The Owner shall pay the Contractor for performance of the Work, Subject to additions and/or deductions by
Change Order or damages as provided in the Contract Documents, the contract Sum of:
Twenty-Two Thousand Four Hundred Sixty Dollars ($22,460)
ARTICLE 3 – DESIGNATED REPRESENTATIVES
Owner’s Designated Representative:
Jon Henderson, Strategic Services Director
P.O. Box 1230
20 E. Olive Street
Bozeman, MT 59771
406-582-2250
jon.henderson@bozeman.net
Contractor’s Designated Representative:
Jason Martel, Principal
Martel Construction, Inc.
1203 South Church Avenue
Bozeman, MT 59715
(406) 586-8585
jmartel@martelconstruction.com
230
ARTICLE 4 – CONTRACT DOCUMENTS
The Contract Documents, together with this Contract, form the entire Contract and Agreement between the
Contractor and Owner. The Contract Documents, which are totally and completely a part of this Contract as if
attached hereto or repeated herein, are enumerated in the General Conditions of the Contract for Construction
inclusive of Wage Rates,Reports, and all other items bound with the Specifications and/or Project Manual(s).
ARTICLE 5 – PREVAILING WAGE SCHEDULE
The Contractor and all subcontractors at any tier or level shall, as a minimum, pay the standard prevailing rate of
wages schedule (including per diem, fringe benefits for health, welfare, and pension contributions and travel
allowance) in effect and as applicable to the district in which the Work is being performed.
ARTICLE 6 – VENUE
In the event of any mediation, arbitration, or litigation concerning any matter or dispute arising out of or related to
the Contract, venue shall be the Eighteenth Judicial District in and Gallatin County, Montana. The Contract shall
be interpreted and subject to the laws of the State of Montana.
EXECUTION OF THIS CONTRACT
This Contract is entered into as of the day and year first written above:
CONTRACTOR:
MARTEL CONSTRUCTION, INC.
OWNER:
CITY OF BOZEMAN
By: ________________________________
(signature)
By: _______________________________
(signature)
Jason Martel
Principal
Jeff Mihelich
City Manager
231
Pre-Construction Services Conditions –Fire Station #2 Relocation Page 1 of 21
PRE-CONSTRUCTIONSERVICESCONDITIONS
Fire Station #2 Relocation
1. ARTICLE 1 – DEFINITIONS
1.1.BASIC DEFINITIONS – The terms below are expressly defined as follows:
1.1.1.Affiliate. Affiliate shall mean any subsidiary of General Contractor/Construction Manager (GC/CM),
and any other entity in which GC/CM has a financial interest or which has a financial interest in
GC/CM (including without limitation parent companies, related businesses under the same holding
company, or any other business controlled by, under common control with, or which controls
GC/CM).
1.1.2.Allowances. Allowances shall mean the allowance amounts shown in the Guaranteed Maximum
Price (GMP) Supporting Documents, together with such further allowances as may be developed
by the parties as the Project progresses.
1.1.3.Amendment. Amendment shall mean a written modification of this Contract (including without
limitation any agreed change to the GMP), identified as an Amendment, and executed by GC/CM
and the Owner.
1.1.4.Change Order. Change Order shall mean a written modification of this Contract as identified in
the General Conditions of the Contract for Construction (including without limitation any agreed
change to GMP),identified asaChangeOrder andexecutedbytheGC/CMandthe Owner. Change
Orders shall be issued only for Owner Scope Changes and unforeseen conditions.
1.1.5.Construction Manager (CM). CM shall have the meaning given herein below as GC/CM and
CM/GC.
1.1.6.Construction Documents. Construction Documents shall be those prepared by the Engineer for
the Project as described in the contract between Owner and Engineer.
1.1.7.Construction Phase. The Construction Phase shall mean the period commencing on the Owner's
execution of a GMP Amendment or EarlyWork Amendment, together with the earlier of (i) issuance
by Owner of a Notice to Proceed with any on-site construction or (ii) execution of a subcontract or
issuance of a purchase order for materials or equipment required for the Work.
1.1.8.Construction Phase Services. Construction Phase Services shall mean all of the Work other than
the Preconstruction Phase Services.
1.1.9.Contract Documents. Contract Documents shall have the meaning given in the General Conditions
of the Contract for Construction.
1.1.10. Design Development Documents. The Design Development Documents shall be as described in
the scope of services of the Owner’s Agreement with the Engineer for this Project.
1.1.11. Early Work. Early Work shall mean Construction Phase Services authorized by Amendment that
the parties agree should be performed in advance of establishment of the GMP. Permissible Early
Work shall be limited to: early procurement of materials and supplies; early release of bid or
232
Pre-Construction Services Conditions –Fire Station #2 Relocation Page 2 of 21
proposal packages for site development and related activities; and any other advance work
related to critical componentsoftheProjectforwhichperformancepriortoestablishmentoftheGMP
will materially affect the critical path schedule of the Project.
1.1.12. Early Work Amendment. Early Work Amendment shall mean an Amendment to this Contract
executed by and between the parties to authorize Early Work.
1.1.13. Guaranteed Maximum Cost for Reimbursable expenses for General Conditions Work
(GMCR). Guaranteed Maximum Cost for General Conditions Work or GC Work shall mean
that guaranteed maximum sum identified herein below.
1.1.14. General Conditions Work. General Conditions Work (“GC Work”) shall mean (i) that portion of the
Work required to support construction operations that is not included within overhead or general
expense but is called out as GC Work, and (ii) any other specific categories of Work approved
in writing by the Owner as forming a part of the GC Work. GC Work is defined and submitted
during the GC/CM solicitation phase and is described as Guaranteed Maximum Cost for
Reimbursable (GMCR) expenses for General Conditions.
1.1.15. General Contractor/Construction Manager (GC/CM). GC/CM shall mean the entity contracted for
by the Owner to provide Pre-Construction and Construction Services as identified herein below and
in the General Conditions of the Contract for Construction. Construction Manager/General
Contractor (CM/GC) shall have the same meaning as GC/CM. GC/CM and CM/GC includes the
“Contractor” as identified in the General Conditions of the Contract for Construction.
1.1.16. Guaranteed Maximum Price (GMP). GMP shall mean the Guaranteed Maximum Price of this
Contract, as stated in dollars within the GMP Amendment,as determinedherein below and as it may
be adjusted from time to time pursuant to the provisions of this Contract.
1.1.17. GMP Amendment. GMP Amendment shall mean an Amendment to this Contract, issued and
executed by and between the parties, to establish the GMP and identify the GMP Supporting
Documents and Construction Documents for Construction Phase Services. Where “bid” and
all modifications are referencedintheGeneral Conditionsof theContractfor Construction,the word
is interchangeable with the GMP.
1.1.18. GMP Supporting Documents. GMP Supporting Documents shall mean the documents referenced
in the GMP Amendment as the basis for establishing the GMP. The GMP Supporting Documents
shall expressly identify the Plans and Specifications, assumptions, qualifications, exclusions,
conditions, allowances, unit prices, and alternates that form the basis for the GMP.
1.1.19. Preconstruction Phase. The Preconstruction Phase shall mean the period commencing on the
date of this Contract and ending upon commencement of the Construction Phase; provided that if
the Owner and GC/CM agree,the Construction Phase may commence before the
Preconstruction Phase is completed, in which case both phases shall proceed concurrently,
subject to the terms and conditions of the Contract Documents.
1.1.20. Preconstruction Phase Services. Preconstruction Phase Services shall mean all services
described herein below, including such similar services as are described in the Request for
Proposals (RFP) and the GC/CM's RFP Response to the extent they are accepted by Owner,
but excluding any Early Work. EarlyWork shall be considered part of Construction Phase Services.
1.1.21. Schematic Design Documents. Schematic Design Documents shall be as described in the scope
of services of the Owner’s Agreement with the Engineer for this Project.
1.1.22. Scope Change. Scope Change shall mean only (i) changed site conditions not reasonably
identifiable or inferable from information available to GC/CM at the time of execution of the GMP
233
Pre-Construction Services Conditions –Fire Station #2 Relocation Page 3 of 21
Amendment, (ii) significant Work modifications (including additions, substitutions, and deletions)
not reasonably identifiable or inferable from the Documents at every phase of design, and (iii)
application of Allowances and selection of alternates, all as approved by the Owner under this
Contract beyond that identified or inferable from the GMP Supporting Documents (but in the case
of Allowance items, the GMP will increase only if the cost to Owner of the Allowance items exceeds
the total amount of the Allowances).
Unless otherwise indicated, other capitalized terms shall have the meaning ascribed to them in the
General Conditions of the Contract for Construction.
2. ARTICLE 2 – CONTRACT DOCUMENTS
2.1.Integration with General Conditions of the Contract for Construction. The requirements of these Pre-
Construction Services Conditions are in addition to, and not in lieu of, the requirements of the
General Conditions of the Contract for Construction.
2.2.Contract Documents. Owner and the GC/CM agree to the terms of the Contract that are set forth in the
Contract Documents as identified in the General Conditions of the Contract for Construction.
2.3.Articles 3.1, 3.2, 11, 13, 14, and 15 of the “General Conditions of the Contract for Construction” also
apply in their entirety to the Pre-Construction Services phase.
3. ARTICLE 3 – SERVICES AND WORK OF THIS CONTRACT
3.1 Preconstruction Phase Services. The GC/CM agrees to provide all of the Preconstruction Phase
Services described below on an ongoing basis in support of, and in conformance with, the time frames
described in the Request for Proposals as updated by the Project Schedule throughout the course of
design and as coordinated with the Owner and Engineer. The Preconstruction Phase shall end on or
by September 1, 2022. If Preconstruction Phase continues beyond September 1, 2022 through no
fault of the GC/CM, additional compensation for extended Preconstruction Services may be
negotiated with the Owner. However, commencement of the Construction Phase shall not excuse
GC/CM from completion of the Preconstruction Phase Services, if such services have not been fully
performed at commencement of the Construction Phase.
3.2 The GC/CM shall provide the following services relating to design and construction tasks:
3.2.1 The GC/CM shall consult with, advise, assist, and provide recommendations to the Owner and
the Engineer on all aspects of the planning and design of the Work.
3.2.2 The GC/CM shall jointly schedule and attend regular meetings with the Engineer and Owner. The
GC/CM shall consult with and advise the Owner and Engineer regarding site use and
improvements, and the selection of materials, building systems and equipment.
3.2.3 The GC/CM shall provide recommendations on construction feasibility; actions designed to
minimize adverse effects of labor or material shortages; time requirements for procurement,
installation and construction completion; and/or factors related to construction cost including
estimates of alternative designs or materials, preliminary budgets and possible economic factors.
3.2.4 The GC/CM shall provide continuous in-progress review of design documents, including the
documents generally described in the industry as Schematic Design Documents, Design
Development Documents, and Construction Documents and provide input and advice on
completeness, clarity, construction feasibility, alternative materials, availability of trades and
subcontractors, and availability of labor and materials. The GC/CM shall review Owner design
review comments and provide input on resolution of design comments. Owner acknowledges that
the GC/CM is providing services in its capacity as a Contractor and not as a licensed design
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professional.
3.3 The GC/CM shall provide the following services related to the Project schedule:
3.3.1 The GC/CM shall prepare and periodically update a preliminary Project schedule for the Owner’s
review and approval.
3.3.2 The GC/CM shall coordinate and integrate the preliminary Project schedule with the services
and activities of the Owner, Engineer, and GC/CM. As design proceeds, GC/CM shall update the
preliminary Project schedule to indicate proposed activity sequences and durations, milestone
dates for receipt and approval of pertinent information, preparation and advertising of all bid
packages, submittal of a GMP proposal, preparation and processing of shop drawings and
samples, project phasing, delivery of materials or equipment requiring long-lead time procurement,
and Owner’s occupancy requirements showing portions of the Project having occupancy priority,
provided that the date(s) of Substantial Completion shall not be modified without Owner’s prior
written approval. If preliminary Project schedule updates indicate that previously approved
schedules may not be met, the GC/CM shall make appropriate recommendations to the Owner.
3.3.3 The GC/CM shall make recommendations to Engineer and Owner regarding the phased
issuance of Plans and Specifications to facilitate phased construction of the Work, if such
phased construction is appropriate for the Project, taking into consideration such factors as
economics, time of performance, availability of labor and materials, and provisions for temporary
facilities.
3.4 Provide the following services relating to cost estimating:
3.4.1 When Schematic Design Documents have been prepared by the Engineer and approved by the
Owner,theGC/CMshallprepareforthereviewoftheEngineerandapprovaloftheOwner, a detailed
estimate with supporting data.
3.4.2 When 100% Design Development Documents, have been prepared by the Engineer and submitted
for review by the Owner and the GC/CM, and approved by the Owner, the GC/CM shall prepare for
the review of the Engineer and approval of the Owner, a detailed estimate with supporting data.
During the preparation of the Design Development Documents, the GC/CM shall update and
refine this estimate at appropriate intervals agreed to by the Owner and GC/CM.
3.4.3 When 50% Construction Documents have been prepared by the Engineer and submitted for review
by theOwner and the GC/CM, and approved by the Owner, the GC/CM shall prepare a detailed
estimate with supporting data for review by the Engineer and approval by the Owner. During the
preparation of the Construction Documents, the GC/CM shall update and refine this estimate at
appropriate intervals agreed to by the Owner and GC/CM.
3.4.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner’s
budget, the GC/CM shall make appropriate recommendations to the Owner.
3.4.5 GC/CM shall notify the Owner and the design team immediately if any construction cost
estimate appears to be exceeding the construction budget.
3.5 Perform the following services relating to Subcontractors and suppliers:
3.5.1 The GC/CM shall seek to develop Subcontractor and supplier interest in the Project, and shall
furnish to the Owner a list of possible Subcontractors and suppliers, including suppliers who
may furnish materials or equipment fabricated to a special design, from whom competitive bids,
quotes, or proposals (collectively, "Offers") will be requested for each principal portion of the Work.
Submission of such list is for information and discussion purposes only and not for prequalification.
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The receipt of such list shall not require the Owner to investigate the qualifications of proposed
Subcontractors and suppliers, nor shall it waive the right of the Owner later to object to or
reject any proposed Subcontractor, supplier, or method of procurement.
3.5.2 The GC/CM shall provide input to the Owner and the design team regarding current construction
market bidding climate, status of key subcontract markets, and other local/national economic
conditions. GC/CM shall determine the division of work to facilitate bidding and award of trade and
subcontracts, considering such factors as bidding climate,improving or accelerating
construction completion, minimizing trade jurisdictional disputes, and related issues.
3.5.3 The GC/CM shall recommend to the Owner and Engineer a schedule for procurement of long-
lead time items which will constitute part of the Work as required to meet the Project schedule,
which shall be procured by the GC/CM upon execution of either a GMP Amendment or Early
Work Amendment covering such procurement, and approval of such schedule by the Owner. The
GC/CM shall expedite the delivery of long-lead time items. The GC/CM shall investigate, plan,
and utilize a “just-in-time” delivery methodology, if feasible.
3.6 The GC/CM shall work with the Owner in identifying critical elements of the Work that may require
special procurement processes, such as prequalification of Offerors, subcontractors, or alternative
contracting methods.
3.7 Construction Phase Services.
3.7.1 Upon execution of an Early Work Amendment or GMP Amendment/Contract, the GC/CM shall
provide Construction Phase Services as provided in the Contract Documents, including without
limitation providing and paying for all materials, tools, equipment, labor and services, and
performing all other acts and supplying all other things necessary to perform and complete the
Work, as required by the Contract Documents, and to furnish to Owner a complete, fully functional
Project in accordance with the Contract Documents, capable of being legally occupied and fully
used for its intended purposes upon completion of the Contract (or, as to an Early Work
Amendment, to furnish such Work as is described in the Early Work Amendment). Construction
Phase Services shall include CM Services performed during the Construction Phase.
3.7.2 Notwithstanding any other references to Construction Phase Services in this Contract, this
Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP
Amendment or (ii) the parties execute an Early Work Amendment.
3.7.3 The parties may execute one or more Early Work Amendments identifying specific Construction
Phase Services that must be performed in advance of establishment of the GMP, without exceeding
a not-to- exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work
Price") to be stated in such Amendment, with such Amendment. If the Early Work Price is a not-to-
exceed budget, then GC/CM shall be obligated to perform the Early Work only to the extent that
the Cost of Work thereof, together with the GC/CM Fee, does not exceed the Early Work Price;
however if GC/CM performs Early Work with a cost in excess of the Early Work Price the GC/CM
shall pay such excess cost without reimbursement unless cost overruns are caused by conditions
that constitute a change within the Contract or to incorporate Work not included in the GMP
Amendment. If one or more Early Work Amendments are executed, the GC/CM shall diligently
continue to work toward development of a GMP Amendment acceptable to Owner, which shall
incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to
execution of a GMP Amendment, the provisions of the General Conditions of the Contract for
Construction shall apply.
3.7.4 Prior to commencement of any Construction Phase effort, and in any event not later than
mutual execution of the GMP Amendment, GC/CM shall provide to Owner a full performance
bond and a payment security bond as required by the General Conditions in the amount of the
GMP. If an Early Work Amendment is executed, GC/CM shall provide such bond in the amount of
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the Early Work Price under the Early Work Amendment. GC/CM shall provide to Owner additional
or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP
Amendment, in each case prior to execution of the Amendment and the supplying of any labor or
materials for the prosecution of the Work covered by the Amendment, and in each case in a
sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the
GMP, as the case may be. In the event of a Scope Change that increases the GMP, GC/CM shall
provide to Owner an additional or supplemental bond in the amount of such increase prior to
performance of the additional Work.
3.8 Construction Management (CM) Services. Throughout the Preconstruction Phase and Construction
Phase of the Project, the GC/CM shall provide CM Services, generally consisting of coordinating
and managing the building process as an independent contractor, in cooperation with the Owner,
Engineer and other designated Project consultants (the "Construction Principals"), all in accordance
with the General Conditions of the Contract for Construction and the Supplemental Conditions for
Construction. CM Services shall include, but are not limited to:
3.8.1 Providing all Preconstruction Phase Services described above;
3.8.2 Developing and delivering schedules,preparing construction estimates,performing
constructability review, analyzing alternative designs, studying labor conditions, coordinating and
communicating the activities of the Construction Principals throughout the Construction Phase to
all Construction Principals;
3.8.3 Continuouslymonitoring the Project schedule andrecommending adjustments to ensure completion
of the Project in the most expeditious manner possible;
3.8.4 Working with the Owner and the Engineer to analyze the design, participate in decisions
regarding construction materials, methods, systems, phasing, and costs, and suggest modifications
to achieve the goals of providing the Owner with the Project within the budget, GMP and schedule;
3.8.5 Providing Value Engineering ("VE") services ongoing through the Project. GC/CM shall develop
cost proposals, in the form of additions or deductions from the GMP, including detailed
documentation to support such adjustments and shall submit such proposals to Owner for its
approval. GC/CM acknowledges that VE services are intended to improve the value received by
Owner with respect to cost reduction or life-cycle costs of the Project;
3.8.6 Holding and conducting periodic meetings with the Owner and the Engineer to coordinate, update
and ensure progress of the Work;
3.8.7 Submitting monthly written report(s) to the Owner. Each report shall include, but shall not be limited
to, Project updates including (i) actual costs and progress for the reporting period as compared
to the estimate of costs; (ii) explanations of significant variations; (iii) work completed; (iv) work in
progress; (v) changes in the work; and (vi) other information as determined to be appropriate
by the Owner. Additional oral or written updates shall be provided to the Owner as deemed
appropriate by the GC/CM or as requested by the Owner;
3.8.8 Maintaining a daily log containing a record of weather, Subcontractors working on the site, number
of workers, Work accomplished, problems encountered, safety violations and incidents of personal
injury and property damage, and other similar relevant data as the Owner may reasonably require.
The log shall be available to the Owner and Engineer on request;
3.8.9 Developing and implementing a system of cost control for the Work acceptable to Owner,
including regular monitoring of actual costs for activities in progress and estimates for uncompleted
tasks and proposed changes. The GC/CM shall identify variances between actual and estimated
costs and report the variances to the Owner and Engineer at regular intervals;
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3.8.10 Cooperating with any and all consultants hired by Owner;
3.8.11 At Owner's request, cooperating and performing warranty and inspection Work for the Project
through the expiration date of the applicable warranty period;
3.8.12 Assisting Owner with start-up of the Project. Such start-up may occur in phases due to phased
occupancy;
3.8.13 If applicable, incorporating commissioning and inspection agents' activities into the Project
schedule and coordinating Subcontractors required to participate in the commissioning and
inspection process;
3.8.14 Performing all other obligations and providing all other services set forth in the Contract
Documents; and performing all other acts and supplying all other things necessary to fully and
properly perform and complete the Work as required by the Contract.
4. ARTICLE 4 – CONTRACT SUM AND GMP
4.1 Contract Sum. Owner shall pay the GC/CM the "Contract Sum" which shall equal the sum of the
Preconstruction Fee, Early Work Amendments, the GMP Amendment, plus any Change Orders as
applicable.
4.2 The GMP shall be determined in accordance with the formula set forth below and as described in
4.5. The "Cost of the Work" is defined in Article 5. Costs in excess of the GMP shall be paid by the
GC/CM without reimbursement by Owner.Changes to the GMP shall only be authorized by
Amendment or Change Order.
4.2.1 GMP = [GC/CM Fee X (Guaranteed Maximum Cost for Reimbursable expenses for General
Conditions GMCR + Estimated Cost of the Work (ECoW exclusive of the Contractor’s
Contingency))] + GMCR + Estimated Cost of the Work (ECoW inclusive of the Contractor’s
Contingency)
4.2.2 GC/CM Fee of 5%is calculated on the Estimated CoW (excluding GC/CM's Construction
Contingency, or lump-sum Contingency as agreed between Owner and Contractor) +
Guaranteed Maximum Cost for Reimbursable expenses for General Conditions GMCR.
4.2.3 The Contractor will not be due GC/CM Fee on the Construction Contingency.
4.3 Preconstruction Fee. The Preconstruction Fee is a lump-sum, fixed amount for all Pre-Construction
Services and shall be payable to GC/CM on a cost reimbursement basis up to a maximum sum of
$22,460, which shall cover constructability review, value engineering, cost estimating, development of
GMP, and all other Preconstruction Phase Services, expenses, reimbursements, and costs. If
GC/CM's costs for provision of Preconstruction Phase Services exceed the maximum Preconstruction
Fee, GC/CM shall pay such additional cost without reimbursement. GC/CM shall not be entitled to any
GC/CM Fee upon the Preconstruction Fee. Owner shall pay the Preconstruction Fee on a cost-
reimbursement basis with each application for payment during the Preconstruction Phase. If the total
actual Preconstruction Fee is less than the maximum Preconstruction Fee used for initial calculation
of the GMP as provided above, the GMP shall be reduced by the difference; provided that Owner may
direct instead that any applied portion of the maximum Preconstruction Fee be applied to Construction
Phase Services, in which case the GMP shall not be reduced by the portion so applied. Except to the
extent the parties may expressly agree to the contrary in the GMP Amendment, no Preconstruction
Fee or other fee, compensation or reimbursement shall be payable to GC/CM with respect to
Preconstruction Services performed after execution of the GMP Amendment.
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4.4 Establishment of GC/CM Fee; Adjustments to GC/CM Fee.
4.4.1 The "GC/CM Fee" shall be a fixed percentage of the Estimated Cost of Work identified in the
GMP Amendment, and shall be calculated as 5%of the Estimated Cost of the Work at the time of
establishment of the GMP. In making such calculation, the Estimated Cost of the Work shall
exclude the Preconstruction Fee, the GC/CM Fee itself, but shall include Allowances, selected
alternates, Fixed Cost for GC Work, and GMCR’s. The GC/CM Fee is inclusive of overhead and
profit and all other indirect or non- reimbursable costs. Owner shall pay the GC/CM Fee ratably
with each application for payment during the Construction Phase. In the case of Early Work, the
GC/CM Fee shall be the above percentage multiplied by the actual Cost of the Early Work.
4.4.2 Notwithstanding any provision of the General Conditions of the Contract for Construction to
the contrary, and unless the parties agree in writing to the contrary, any Amendment or Change
Order that increases or decreases the GMP shall adjust the GC/CM Fee then in effect by
multiplying the percentage shownin 4.4.1 bythe change inthe Estimated Costof theWork reflected
in such approved Amendment or Change Order. For any Amendment or Change Order that
increases or decreases the GMPbymorethan15%, parties maynegotiatea varianceto thecontract
Fee percentage. In addition, if the Contract is terminated for any reason prior to full completion
of the Work (including, without limitation, termination during or following performance of Early
Work), the GC/CM Fee shall be limited to the total GC/CM Fee multiplied by the percentage of
Work completed and accepted at the time of termination. The GC/CM Fee percentage shall not
be subject to adjustment for any other reason, including, without limitation, schedule extensions
or adjustments, Project delays, unanticipated costs, negligence, or unforeseen conditions.
4.5 Determination of GMP.
4.5.1 GC/CM shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time
designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are
available at the time the GMP is being established, GC/CM shall use those subcontract Offers as a
basis in establishing the GMP.
4.5.2 As the Plans and Specifications may not be developed to the stage of biddable construction
documents atthetimetheGMP proposalisprepared,theGC/CMshall provideintheGMPforfurther
development of the Plans and Specifications by the Engineer that is consistent with the Contract
Documents and reasonably identifiable and inferable therefrom. Such further development does
not include such things as changes in scope, systems, quantities, kinds and quality of materials,
finishes or equipment, all of which, if required, shall be incorporated by Change Order or
Amendment with a corresponding GMP adjustment, if any.
4.5.3 The GC/CM shall include with its GMP proposal a written statement of its basis (the "GMP
Supporting Documents"), which shall include at a minimum:
4.5.3.1 A list of the Plans and Specifications, including all addenda thereto and the conditions of the
Contract, which were used in preparation of the GMP proposal.
4.5.3.2 A list of Allowances and a statement of their basis.
4.5.3.3 A list of the clarifications and assumptions made by the GC/CM in the preparation of the GMP
proposal to supplement the information contained in the Plans and Specifications.
4.5.3.4 The proposed GMP, including a statement of the estimated cost organized by trade
categories, allowances, contingency, and other items and the associated fees that
comprise the GMP.
4.5.3.5 The Date of Substantial Completion upon which the proposed GMP is based, and a
schedule of the Construction Documents issuance dates upon which the date of Substantial
Completion is based.
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4.5.4 The GC/CM shall meet with the Owner and Engineer to review the GMP proposal and the written
statement of its basis. If the Owner or Engineer discovers any inconsistencies or inaccuracies
in the information presented, they shall promptly notify the GC/CM, who shall make appropriate
adjustments to the GMP proposal, its basis or both.
4.5.5 Prior to the Owner's acceptance of the GC/CM's GMP proposal and issuance of a Notice to
Proceed, the GC/CM shall not incur any cost to be reimbursed as part of the Cost of the Work,
except as specifically provided in an Early Work Amendment.
4.5.6 The Owner shall authorize and cause the Engineer to revise the Plans and Specifications to the
extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP
Amendment. Such revised Plans and Specifications shall be furnished to the GC/CM in
accordance with schedules agreed to by the Owner, Engineer and GC/CM. The GC/CM shall
promptly notify the Engineer and Owner if such revised Plans and Specifications are inconsistent
with the agreed-upon assumptions and clarifications.
4.5.7 The GMP shall include in the Cost of the Work only those taxes which are enacted at the time the
GMP or Early Work is established.
4.5.8 The Guaranteed Maximum Price shall include the GC/CM's contingency, a sum established
for the GC/CM's use, with Owner approval (which may be requested and given in writing, by
telephone, or by email), to cover costs which are reimbursable as Cost of the Work but which are
not the basis for a Change Order. This contingency is not available for Owner-directed design
or scope changes and unforeseen or differing site conditions. GC/CM Contingency costs will be
reviewed monthly by the Owner for conformance with the Contract.
4.5.8.1 None of the following shall constitute a reimbursable Cost of the Work, or a change order, or
be paid for out of the GC/CM Contingency:
4.5.8.1.1 Means and methods or changes in means and methods;
4.5.8.1.2 Extensions of time for weather delays;
4.5.8.1.3 Extensions of time or delays for other than Owner-directed design or scope
changes, unforeseen conditions, or differing site conditions;
4.5.8.1.4 Damaged work or non-conforming work;
4.5.8.1.5 Out-of-sequence work;
4.5.8.1.6 Work or delays attributable to subcontractors and suppliers; or,
4.5.8.1.7 Delays or costs resulting from GC/CM decisions, management of the project, errors,
omissions, or negligence.
4.5.8.1.8 Under no circumstances will any GC/CM Contingency be used for negligence or
violations of law, building codes, or regulations.
4.5.8.2 All claims for use of GC/CM Contingency shall be subject to Paragraph 4.3 of the General
Conditions of the Contract for Construction. The Owner may, at its sole discretion, approve use
of the GC/CM Contingency on an individual event, case-by-case basis, without voiding or
waiving the use of Paragraph 4.3 of the General Conditions of the Contract for Construction.
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4.5.8.3 All claims for extension(s) of contract time shall be subject to Paragraph 4.3 of the General
Conditions of the Contract for Construction.
4.5.8.4 The GC/CM shall be liable to the Owner for construction administration expenses, including but
not limited to costs of the Engineer, as a result of time extensions or delays for other than
Owner-directed design or scope changes, weather delays, unforeseen conditions, or
differing site conditions.
4.5.9 The GC/CM shall work with the Engineer and Owner to identify and confirm components and
systems not specifically shown but required for a complete, fully functional Project. Owner will
direct the Engineer to complete the final Construction Documents in accordance with the Project
scope agreed upon by all parties at the time the GMP is established. In so doing, Owner
acknowledges that GC/CM is providing its services as a Contractor and not a design professional.
4.5.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the GC/CM
shall represent and warrant, at the time that it submits the GMP that the GMP includes the entire
cost of all components and systems required for a complete, fully functional facilities in
accordance with the Project scope agreed upon by all parties at the time the GMP is established.
4.5.11 In developing the GMP, the GC/CM shall include and identify such allowances and clarifications
within the GMP as may be necessary to pay for elements that are required for a complete, fully
functional Project.
4.6 Cancellation of Construction Phase Services. The Owner reserves the sole right at any time, with or
without cause, to terminate or cancel any or all pre-construction services and/or not pursue a GMP
Amendment/Contract with the GC/CM.
4.7 Failure to Furnish an Acceptable GMP. If the GC/CM does not furnish a GMP acceptable to Owner
within Owner's target GMP range, or if Owner determines at any time in its sole discretion that the
parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this
Contract without liability, and the GC/CM shall not receive additional compensation beyond the
Preconstruction Fee under this Contract and sums due under any executed Early Work Amendment.
Termination under this provision shall proceed under Article 14 of the General Conditions of the
Contract for Construction as a termination for Owner's convenience. GC/CM further agrees that
Owner shall not be liable for any damages whether actual, consequential or otherwise, for termination
of the Contract under this provision.
4.8 Acceptance of GMP. Upon acceptance of the GMP by Owner, the parties shall execute a GMP
Amendment/Contract.
4.9 Owner Savings. If the sum of the remainder of the GC/CM Construction Contingency, plus the actual
and final Cost of the Work, is less than the GMP, the savings shall accrue to the Owner.
4.10 Allowance Work.
4.10.1 GC/CM shall not perform any Allowance Work without prior written approval by Owner for the
Allowance Work and the price thereof.
4.10.2 Owner shall be entitled to apply any Allowance line items that have not been fully expended to
other line item Allowances that have been fully expended, without any resulting increase in the
GMP.
4.10.3 If the total Cost of the Allowance Work exceeds the total Allowances within the GMP, GC/CM shall
not perform any Allowance Work in excess of such amount until either (i) the parties agree
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that the additional Allowance work will be performed within the then-current GMP or (ii) a GMP
Amendment or Change Order is executed to increase the GMP bythe excess cost of the Allowance
work.
4.10.4 The Contract Sum shall not include any Allowance items not identified in the GMP Amendment or
the GMP Supporting Documents.
4.10.5 If at the Final Completion of the Project, any portion of the Allowance funds remains unexpended,
the GMP shall be reduced by a corresponding amount via a Change Order or Amendment.
4.11 ReallocatingProjectedCost Under-runs after Bid(Offer) Buyout. As soon as possible after theawarding
of the Work to the primary Subcontractors, GC/CM shall review projected costs and provide the Owner
with a buy-out status report showing any projected cost under-runs, reconciling accepted Offers
and other reasonably anticipated costs, to the cost estimate used by GC/CM to establish the GMP.
This report shall be updated on a monthly basis and until such time that the buyout is complete. GC/CM
shall include with its report any underlying documentation requested by Owner used to develop or
support such report. GC/CM shall also consider the reduced risk associated with known
subcontracting costs, and the impact that reduced risk has on the amount of the GC/CM’s
Contingency. The parties shall negotiate in good faith to execute a Change Order transferring an
appropriate portion of any projected cost under-runs to an Owner-controlled contingency fund,
separate from the GC/CM Construction Contingency, to be held within the GMP to pay for additional
costs arising from (a) any Owner-directed or approved change to the Work, (b) schedule changes
that would otherwise entitle GC/CM to an increase in the GMP, (c) Allowance items after exhaustion
of all Allowances, (d) selection by Owner of more expensive alternates than those used for
calculation of the GMP, (e) Owner selection of substitutions that increase the Cost of the Work, or
(f) any other costs which otherwise would entitle GC/CM to an increase in the GMP. Transfer of an
appropriate portion of the under-runs to an Owner-controlled contingency shall occur no earlier than
80% buy-out completion unless agreed to by both parties.
4.12 Notice to Proceed. If Construction Phase Services are added to the Contract, then a notice to proceed
will be issued by the Owner to begin the designated or full Construction Phase Services (“Notice to
Proceed”). It is anticipated that the Notice to Proceed will be issued on or about September 1, 2022
with the actual date to be provided in theGMPAmendment/Contract. AseparateNoticetoProceedshall
be issued for each EarlyWork Amendment, if any.
4.13 Completion of Project. The GC/CM shall achieve Substantial Completion of the entire Work not later
than the date fixed in the Guaranteed Maximum Price Amendment.
4.14 Time is of the Essence. All time limits stated in the Contract Documents are of the essence.
4.15 Time Extensions. Notwithstanding provisions for Contract time extensions, Owner and GC/CM agree
that timely completion of the Work is essential to the success of the Project, and that approval for time
extension shall be granted only as a last resort.
4.15.1 GC/CM agrees to make reasonable effort to recover time from delays that are the
GC/CM’s responsibility and shall not consider this as a compensable, Owner-directed, or forced
acceleration.
4.15.2 If a compensable time extension is granted by the Owner, the GC/CM shall be limited to $(to be
defined in the GMP Amendment) per day extended overhead (office and field).
4.16 Liquidated Damages. The GC/CM acknowledges that the Owner will sustain damages as a result
of the GC/CM's failure to substantially complete the Project in accordance with the Contract
Documents. These damages mayinclude, but are not limited to delays in completion, use of theProject,
engineering costs to complete the Project, and costs associated with Contract administration and use of
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temporaryfacilities. TheGC/CMandtheOwneracknowledgethattheactual amount of damages would
be difficult to determine accurately and agree that that the following liquidated damages figure
represents a reasonable estimate of such damages and is not a penalty:
4.16.1 The GC/CM agrees to pay to the Owner the liquidated damage sums set forth in the General
Conditions for each day of delay or any fraction thereof and further agrees that Owner may deduct
such sums from payments the Owner otherwise owes to GC/CM under the Contract. If such
deduction does not result in payment to Owner of the assessed liquidated damages in full, GC/CM
shall promptly pay any and all remaining sums due to the Owner upon demand.
5.ARTICLE 5 – COSTS OF THE WORK (REIMBURSABLE, INCLUDED IN THE GMP)
5.1 Cost of the Work. The term "Cost of the Work" shall mean the costs as described herein. The Cost of
the Work shall include only those items necessarily and reasonably incurred by GC/CM in the proper
performance of the Work and specifically identified in this Article, and only to the extent that they are
directly related to the Project.
5.1.1 Labor Costs.
5.1.1.1 Wages paid for all labor and construction workers directly employed by the GC/CM in
performance of the work.
5.1.1.2 Wages and salaries of the GC/CM's supervisory personnel (i) whether stationed at the site or
district office, but only for that portion of time they are providing services related to the project,
or (ii) engaged at factories, workshops or on the road, in expediting the production or
transportation of materials or equipment required for the Work with Owner, or otherwise
engaged and off the site when specifically related to the Project, in each case under this clause
(iii) only with Owner's prior written approval, and only for that portion of their time directly
required for the Work.
5.1.1.3 Cost of all benefits, taxes, insurance, contributions, assessments and benefits required by law
or collective bargaining contracts and, for personnel not covered by such contracts, customary
benefits such as Social Security, Medicare/Medicaid, sick leave, medical and health benefits,
holidays,vacationsandpensions,providedsuchcostsarebasedonwages and salaries included
in the Cost of the Work.
5.1.2 Subcontract Costs. GC/CM's actual payment to Subcontractors pursuant to GC/CM's contract
with such Subcontractor for the Work on the Project. No amount paid by or payable to any
such Subcontractor other than the fixed or cost reimbursement price of its subcontract shall be
included in the Cost of the Work, unless otherwise approved in writing by Owner.
5.1.3 Costs of Materials, Supplies, and Equipment incorporated in the Work.
5.1.3.1 Costs, including transportation, of materials, supplies, and equipment incorporated or to be
incorporated in the completed Work.
5.1.3.2 Costs for storage on or off site (including applicable insurance), inspection, and testing of
materials, supplies and equipment unless specifically noted to be paid by the Owner.
5.1.3.3 Costs of materials in excess of those actually installed, but required to provide reasonable
allowance for waste and for spoilage. Unused excess materials, if any, shall be delivered to
Owner at the completion of the Work or, at Owner's option, shall be sold by the GC/CM. Net
amounts realized, if any, from such sales shall be credited to Owner as a deduction from the
Cost of the Work.
5.1.4 Costs of Miscellaneous Equipment and Other Items; Equipment Rental Charges.
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5.1.4.1 Costs,includingtransportation,installation, maintenance,dismantling,removal,and disposal, of
materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily
owned by the construction workers, which are provided by the GC/CM in the performance
of the Work; and cost less salvage value on such items if not fully consumed, whether sold to
others or retained by the GC/CM; provided that Owner at Owner's option may require that
GC/CM deliver to Owner (at no charge) at the end of the Project any of such items procured for
this Project. Cost for items previously used bythe GC/CM shall meanfair market value. GC/CM
shallcharge no additional administrative or other mark-upfor purchaseditems.
5.1.4.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily
owned by the construction workers, which are provided by the GC/CM at the site, whether
rented from the GC/CM or others, and costs of transportation, installation, minor repairs and
replacements, dismantling and removal thereof. Rates and quantities of equipment rented
shall be according to industry standards, shall not exceed the standard rate paid at the place of
the project, and shall not exceed acquisition costs, and for individual items exceeding $10,000,
will be subject to Owner's prior approval. GC/CM shall deliver to Owner a list of published rates
from time to time at Owner's request. For all items rented or leased, the GC/CM shall charge
Owner only the rental charge incurred by GC/CM with no additional administrative or other
mark-up. GC/CMshallmakeefforts anduseits bestskills andjudgmentto procureequipment in
the most expeditious and economical manner consistent with the interest of the Owner.
Efforts shall include, but not be limited to, providing Owner with a rent/buy analysis so that
Owner may elect for GC/CM to procure the item in lieu of rental if the facility at issue is
expected to be rented for six months or longer. Such rent/buy analysis shall include, where
available, a leasing rate commensurate with the expected term of rental of the facility at issue.
5.1.5 Costs of removal of debris from the site.
5.1.6 Cost of internet connection, long-distance telephone calls, postage and parcel delivery charges,
telephone service at the site and reasonable petty cash expenses of the site office, computers and
other supporting administrative equipment and furnishings, but only to the extent such costs are for
the benefit of the Work.
5.1.7 That portion of the travel and subsistence expenses of the GC/CM's personnel determined by
Owner to be reasonable and necessary incurred while traveling in discharge of duties connected
with the Work. Main office staff travel shall not be reimbursed unless approved in advance by
Owner.
5.1.8 Other Costs.
5.1.8.1 Premiums and deductibles for insurance directly attributable to this Contract.
5.1.8.2 Payment and Performance bonds.
5.1.8.3 Sales, use or similar excise taxes imposed by a governmental authority which are directly
related to the Work and for which the GC/CM is liable.
5.1.8.4 Fees and assessments for the trade permits and for other permits, licenses and inspections
for which the GC/CM is required by the Contract Documents to pay. Plan review fees,
assessments, and impact fees are the responsibility of the Owner.
5.1.8.5 GC/CM deposits lost for causes other than the GC/CM's fault or negligence.
5.1.8.6 Costs of drawings, Specifications and other documents required to complete the Work,
except as provided by Owner or Engineer.
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5.1.8.7 Losses, expenses, or damages during construction and warranty that did not arise from
the negligence or wrongful conduct of the GC/CM or its subcontractors.
5.1.8.8 Other costs incurred in the performance of the Work if and to the extent approved in
advance in writing by Owner.
5.1.9 Repairs to Damaged, Defective or Nonconforming Work. The Cost of the Work shall also include
costs which are incurred bytheGC/CM intaking actionto prevent threatened damage,injuryorloss in
case of an emergency affecting the safety of persons and property.
5.2 The Guaranteed Maximum Cost for Reimbursable expenses for General Conditions Work (GMCR).
GC/CM shall be paid a maximum sum as agreed in the GMP Amendment, as payment for
the GC Work, including all labor, materials, and direct and indirect costs thereof. To the extent any GC
Work is otherwise described above in this Article, GC/CM’s compensation for the same is included in
the Cost for GC Work and shall not otherwise be charged as Cost of the Work. The Cost for GC
Work, less 5% retainage thereon, shall be paid in equal installments monthly over the number of
months of the scheduled Construction Phase, commencing with the first progress billing after
commencement of the scheduled Construction Phase. However, no adjustment in the amount
payable for General Conditions Work will be made if the actual construction period is shorter or longer
than the number of months scheduled for the Construction Phase, unless the construction period is
extended because of an Owner delay or due to unforeseeable conditions. Should the GC/CM
spend less than planned on GMCR’s, the GC/CM retains that balance.
5.3 GC/CM Overhead. GC/CM shall be paid in accordance with these Conditions for items including
home office overhead, supervisory labor burden, travel, per-diems and is part of the GC/CM Fee.
6. ARTICLE 6 – COSTS OF THE WORK (NOT REIMBURSABLE, INCLUDED IN THE GMP)
6.1 Costs Excluded from Cost of Work. The following shall not be included in the Cost of the Work:
6.1.1 Salaries and other compensation of the GC/CM's personnel stationed at the GC/CM's principal
office or offices other than the site office except as allowed under Articles 5.
6.1.2 Expenses of the GC/CM's principal office and offices other than the site office.
6.1.3 Any overhead and general expenses, except as may be expressly included in Article 5.
6.1.4 GC/CM's capital expenses, including interest on the GC/CM's capital, employed for the Work.
6.1.5 Rental cost of machinery and equipment, except as provided in Article 5.
6.1.6 Any cost associated with the Project not specifically and expressly described in Article 5 or not
included in within the Project Cost Matrix.
6.1.7 Costs due to the fault or negligence of the GC/CM, Subcontractors, suppliers, anyone
directly or indirectly employed by any of them, or for whose acts any of them may be liable.
6.1.8 The cost of correction of any repair work, nonconforming or defective work, or warranty work in
excess of the GMP.
6.1.9 Merit,safety, or other incentivepayments, bonuses or awards, or any expenses inconnection
therewith.
6.1.10 Legal, mediation, or arbitration fees, costs, and expenses except as specifically provided in
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the Contract Documents.
6.1.11 Fines and penalties.
6.1.12 Except for Early Work, the cost of Preconstruction Phase Services.
6.1.13 The Cost of the Work for GC Work in excess of the Fixed Cost for GC Work unless such fixed
costs are exceeded by other terms included in this Agreement.
6.1.14 Any costs in excess of the GMP.
7. ARTICLE 7 – CHANGES IN THE WORK
7.1 Price Adjustments. Adjustments to the Guaranteed Maximum Price required by changes in the Work
shall be determined by any of the methods listed in the General Conditions of the Contract for
Construction, except that, unless the adjustment is based upon fixed pricing or unit pricing:
7.1.1 The overhead and profit markup for the GC/CM shall be limited to the GC/CM Fee adjustment
except for self-performed packages that GC/CM is awarded on a competitive basis consistent with
other Subcontract bid packages which may include overhead and profit associated with the self-
performed work;
7.1.2 The increase or decrease in the Estimated Cost of the Work, other than for subcontract work, shall
be calculated pursuant to Articles 5 and 6 above, instead of being based on GC/CM's direct
costs as defined in the General Conditions of the Contract for Construction; and,
7.1.3 In calculating adjustments to subcontracts, unless the parties agree otherwise, the change shall
be limited to the Subcontractor's Direct Costs plus the supplemental mark-up provided in the
General Conditions of the Contract for Construction, and shall not be modified by Articles 5 and 6
above.
7.2 Adjustments to GMP. Adjustments to the GMP after execution of the GMP Amendment may be made
only (i) in the event of Scope Changes or (ii) as otherwise expressly provided in this Contract, and
then only in accordance with the following procedure:
7.2.1 GC/CM shall review subsequent iterations of the Plans and Specifications as they are prepared
to determine whether, in the opinion of GC/CM, they result in a Scope Change so that it can be
determined if an adjustment to the GMP is warranted.
7.2.2 Changes to the GMP shall be initiated by written notice by one party to the other. GC/CM shall
deliver any such GMP Change Request to Engineer and Owner’s Authorized Representative within
thirty (30) days after event of any Scope Change if, in GC/CM's opinion, it constitutes grounds
for adjustment of the GMP. Any GMP Change Request shall include a proposal as to the
appropriate GMP adjustment with respect to the Scope Change at issue.
7.2.3 GC/CM shall submit its GMP Change Requests as soon as possible, and GC/CM shall not be
entitled to claim a GMP increase unless GC/CM submitted a GMP Change Request to Owner’s
Authorized Representative and to Engineer within the earlier of (a) thirty (30) days after GC/CM
has received the information constituting the basis for the claim, or (b) as to Work already solicited,
prior to commencement of the portion of the Work for which GC/CM intends to claim a Scope
Change; and (c) in any event, prior to GC/CM's signing of a Change Order for the Scope Change.
7.2.4 Owner may, at any time, submit a GMP Change Request requesting a reduction of the GMP,
which shall include Owner's basis for such request, which may include, for example, reduction of the
GC/CM's Contingency after further development of the Plans and Specifications that form the
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basis for the original GMP Amendment, and/or unused Allowances.
7.2.5 GC/CM shall work with Engineer to reconcile all differences in its GMP Change Request with
Engineer within seven (7) days from the date of submission of the GMP Change Request.
"Reconciled" means that the GC/CM and Engineer have verified that their assumptions about the
various categories are the same, and that identifies the reason for differences in the GMP Change
Request and the Engineer's position. GC/CM shall submit the Reconciled GMP Change Request
to Owner, which submission shall be a condition to any GC/CM claim for a GMP increase.
7.2.6 If the Reconciled GMP Change Request is not acceptable to Owner, GC/CM agrees to work with
the Owner and the Engineer to provide a GMP Change Request that is acceptable to Owner.
7.2.7 GC/CM agrees to make all records, calculations, drawings and similar items relating to GMP
Change Request available to Owner and to allow Engineer and Owner access and opportunity to
view such documents at GC/CM's offices. Upon Owner's reasonable notice, GC/CM shall deliver
two copies of such documents to Owner and Engineer at any regular meeting or at the Site.
7.2.8 GMP increases, if any, shall not exceed the increased Cost of the Work arising from the Scope
Change (whether based on agreed fixed pricing, or the estimated Cost of the Work increase
based on cost- reimbursablepricing), reconciled in accordance withthe above provisions, as arising
from the incident justifying the GMP increase, plus or minus the GC/CM Fee applicable to such
change in the Cost of the Work.
7.2.9 Except as provided in this Article 7.2, adjustments to the GMP shall be reconciled in accordance
with the General Conditions of the Contract for Construction.
7.2.10 Execution by Owner. Only the Owner’s Authorized Representative has authority to execute
Change Orders or Amendments on behalf of Owner.
8. ARTICLE 8 – SUBCONTRACTS AND OTHER CONTRACTS
8.1 General Subcontracting Requirements.
8.1.1 Other than Work performed by the GC/CM, the GC/CM shall subcontract the Work to
Subcontractors other than the GC/CM and its Affiliates.
8.1.2 The GC/CM shall comply with the laws of the State of Montana and the City of Bozeman with
regard to the procurement of subcontractors and suppliers.
8.2 GC/CM's Obligations under Subcontracts.
8.2.1 No use of a Subcontractor or supplier shall relieve the GC/CM of any of its obligations or liabilities
under the Contract. Except as may expressly otherwise be provided in this Contract, the GC/CM
shall be fully responsible and liable for the acts or omissions of all Subcontractors and suppliers
including persons directly or indirectly employed by them. The GC/CM shall have sole
responsibility for managing and coordinating the operations of its Subcontractors and suppliers,
including the settlement of disputes with or between the GC/CM and any such Subcontractor or
supplier.
8.2.2 The GC/CM shall include in each subcontract and require each Subcontractor to include in any
lower tier subcontract, any provisions necessary to make all of the provisions of the Contract
Documents, including the General Conditions and GC/CM’s project schedule, fully effective as
applied to Subcontractors. GC/CM shall indemnify Owner for any additional cost based on a
subcontractor claim which results from the failure of GC/CM to incorporate the provisions of this
Contract in each subcontract. The GC/CM shall provide all necessary Plans, Specifications,
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Hazardous Materials reports and instructions to its suppliers and Subcontractors to enable them
to properly perform their work.
8.2.3 Retainage from Subcontractors. Except with the Owner's prior approval, payments to
Subcontractors shall be subject to retainage of no more than 5%. The Owner and the GC/CM
shall agree upon a mutually acceptable procedure for review and approval of payments and
retainage for Subcontractors.
8.3 Subcontractor Selection.
8.3.1 Unless otherwise provided in the Request for Proposals, this Article, and the direction of the
Owner, the selection of all Subcontractors and suppliers shall be made by competitive offers in a
manner that will not encourage favoritism, bias, or substantially diminish competition.
8.3.2 GC/CM shall submit to the Owner its proposed procurement documents for review and comment
before they are issued for solicitation. GC/CM shall consider and respond to all Owner comments
regarding any proposed offer packages. As offers are received, GC/CM shall submit to the
Owner an offer comparison in a mutually agreeable form together with any specific back-up
requested by Owner. The competitive process used to award subcontracts by the GC/CM may
be monitored by the Owner; provided that such monitoring shall not excuse GC/CM from
compliance with the subcontracting requirements of this Contract. GC/CM shall cooperate in all
respects with Owner's monitoring. The Owner shall be advised in advance of and be given the
opportunity to be present at offer openings, and GC/CM shall provide him or her with a summary
or abstract of all Offers in form acceptable to the Owner, and copies of particular offers if
requested, prior to GC/CM's selection of Offerors. Prior to opening offers, the GC/CM agrees to
disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or
other contracting party whenever such Subcontractor, supplier or contracting party intends to
compete on any Project work, directly or indirectly, including whether such party is an Affiliate of
GC/CM. GC/CM shall also disclose seven (7) days in advance if they will be providing an offer
as a self-performed scope of work.
8.3.3 The following minimum requirements apply to the Subcontract solicitation process:
8.3.3.1 For procurements with an estimated value of more than $80,000, solicitations will be advertised
by bids as required by 7-5-4302, MCA. The GC/CM shall obtain two written quotes or may
advertise for bids for procurements over five thousand dollars ($5,000.00) up to eighty
thousand dollars ($80,000.00).
8.3.3.2 All bid openings for Subcontracting and Self-Performed Work shall be open and available to the
public, the Owner, and the Engineer, regardless of the bid opening location. GC/CM may
propose an alternate delivery method to the Owner for Owner’s review and approval.
8.3.3.3 Unless specific other prior arrangement has been made with Owner, all offers will be written
(hardcopy, email, or facsimile), and submitted to a specific location at a specific time. GC/CM
shall time-stamp all offers as received. Subcontractors must be qualified to perform the
Work for this Project by being appropriately registered and in compliance with all laws of the
State of Montana.
8.3.3.4 If fewer than three (3) offers are submitted in response to any solicitation (inclusive of any
offer submitted by GC/CM), prior written approval by Owner shall be required to accept the
offer. Field Work and/or Subcontracting/Self-Performed Work by the GC/CM shall be
competitively bid, with solicitations advertised per MCA 7-5-4302, and subject to the same
Owner review and oversight as all other competitively bid subcontractor scopes of work.
8.3.3.5 GC/CM may develop and implement a prequalification process for particular solicitations,
followed by selection of successful offers among those offerors that GC/CM determines
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meet the prequalification standards, with Owner’s prior approval of such prequalification
process.
8.3.3.6 GC/CM shall comply, and require Subcontractor compliance with, State of Montana
Department of Labor & Industry prevailing wage rates as specified in the RFP and as
adopted at the time of the solicitation.
8.3.3.7 Owner may at its sole discretion, require GC/CM to re-solicit for Offers based on the same or
modified documents. If GC/CM does receive a responsive offer within the initial solicitation,
Owner shall be responsible for all cost and schedule overruns due to Owner directed re-
solicitation except where cause of re-solicitation is the fault of the GC/CM.
8.3.3.8 GC/CM shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions,
verify scope and quantities, and seek to minimize work subsequently awarded via the Change
Order process.
8.3.3.9 The GC/CM will document any and all discussions, questions and answers, modifications
and responses to or from anyOfferor andensure thatthe same aredistributed to all Offerors,
and Owner shall be entitled to inspect such documentation on request.
8.3.3.10 GC/CM shall determine the lowest Offer for each solicitation that meets GC/CM’s
reasonable performance standards for the components of the Work at issue; provided that if
GC/CM determines it is unable to execute a suitable subcontract with such Offeror, GC/CM
may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror.
This paragraph does not preclude the award of a sub-contract to any Offeror selected as part
of a pre-qualification process.
8.3.4 With authorization by Owner, Work may be subcontracted on other than a low price basis,
including without limitation, through competitive negotiation. As a condition to its authorization,
Owner may require GC/CM's agreement to establish and implement qualification and
performance criteria for Offerors, including a scoring system within requests for proposals.
Examples include: where there are single fabricators of materials; special packaging requirements
for Subcontractor work; design-build work or, where an alternative contracting method can be
demonstrated to clearly benefit Owner.
8.3.5 GC/CM shall notify Owner in writing in advance before award of any proposed Subcontract,
which notice shall include summaries in a form acceptable to Owner of all Offers received for the
Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors,
suppliers and Subcontract or supply contract awards, based on legal standards of responsibility.
Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased
costs due to Owner's disapproval shall be cause for an increase in the GMP.
8.3.6 GC/CM's subcontracting records shall not be considered public records; provided, however, that
Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting
process in order to protect the Owner's interests.
8.4 GC/CM Field Work, Subcontracted/Self-Performed Work by GC/CM.
8.4.1 With consent of the Owner, the GC/CM or its Affiliate may bid and compete for Field Work
and/or Subcontracted/Self-Performed Work with its own forces. All field work and/or
subcontracting/self-performed work by the GC/CM shall be competitively bid as provided in Article
8.
8.4.2 Except as provided in Article 8, any other portion of the Work proposed to be field work and/or
subcontracted/self-performed by the GC/CM, including without limitation provision of any
materials, equipment, or supplies, shall be subject to the provisions of Article 8.
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8.4.3 When assembling and using bid packages, for those items for which the GC/CM intends to submit
a competing Offer for Self-Performed Work and after approval by the Owner, such intent must be
publicly announced with the solicitation for bids required by this Article, and the Owner notified in
writing that this announcement has been made. Any GC/CM competing Offer shall be forwarded
to the Owner prior to the bid opening. All Offers for this work shall be publicly available by GC/CM
at an announced time, date, and placeas all other offers. GC/CM may propose an alternate delivery
method to the Owner for Owner’s review and approval.
8.4.4 For all field work and/or subcontracted/self-performed work, the GC/CM shall at a minimum
provide separate project management, foremen, supervision, accounting, etc. as if it were any other
separate subcontracting entity, unless prior written approval is granted by the Owner. The GC/CM
is expressly prohibited from using the personnel, positions, general conditions costs, and
overhead from directly supervising and managing any field work and/or subcontract/self-performed
work, unless specific prior written approval is granted by the Owner.
8.5 Protests. GC/CM, acting as an independent contractor, shall include in the competitive process to
award all subcontracts, a protest process for Subcontractors and suppliers that are competing Offerors,
which process shall be subject to approval by Owner. GC/CM shall be solely responsible for resolving
procurement protests of Subcontractors and suppliers. GC/CM shall indemnify, defend, protect and
hold harmless Owner from and against any such procurement protests and resulting claims or litigation
unless protest exists in whole or in part bythe Owner’s actions, directions, or negligence, who shall then
share its proportionate responsibility for claims or litigation. GC/CM shall act as an independent
contractor, and not an agent of Owner, in connection with any procurement protest. The provisions of
this Article are solely for the benefit of Owner, and do not grant any rights or remedies (including third
party beneficiary rights) to any Offer or other protester, in connection with any procurement protest or
claim.
9. ARTICLE 9 – RECORDS, ACCOUNTING, AUDITING
9.1 Accounting and Audit Access. The GC/CM shall keep full and detailed accounts and exercise such
controls as may be necessary for proper financial management under this Contract; the accounting
and control systems shall be satisfactory to Owner. Owner and Owner's representatives, including the
City of Bozeman’s accountants and auditors, shall be afforded reasonable and regular access to the
GC/CM's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase
orders, vouchers, memoranda and other data relating to this Contract, and the GC/CM shall preserve
these for a period of three (3) years after final payment, or for such longer period as may be required
by law.
9.2 Periodic and Final Audits. Owner may, at its discretion, perform periodic audits of the Cost of the
Work and any other reimbursable costs associated with the Project. Owner intends to conduct a final
auditof reimbursable costs prior to the Contract closeout. The GC/CM shall cooperate fully with Owner
in the performance of such audits. Disputes over audit findings or conclusions shall be subject to the
process set forth in the General Conditions.
10. ARTICLE 10 – REPRESENTATIONS AND WARRANTIES
10.1 Representations. GC/CM represents and warrants to Owner as of the effective date of this Contract:
10.1.1 it is qualified to do business as a licensed general contractor under the laws of the State of
Montana, and has all requisite corporate power and corporate authority to carry on its business
as now being conducted;
10.1.2 it has full corporate power and corporate authority to enter into and perform the Contract and
to consummate the transactions contemplated hereby; GC/CM has duly and validly executed and
delivered the Contract to Owner and that the Contract constitutes the legal, valid and binding
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obligation of GC/CM, enforceable against GC/CM in accordance with its terms, except as
enforceability may be limited or affected by applicable bankruptcy, insolvency, reorganization,
moratorium or other similar laws affecting creditors' rights generally and by general principles of
equity (regardless of whether enforceability is considered in a proceeding in equity or at law);
10.1.3 GC/CM's execution and delivery of the Contract and the consummation of the transactions
contemplated hereby will not conflict with or result in a material breach of any terms or provisions of,
or constitute a material default under, (i) GC/CM's Articles of Incorporation or Bylaws; (ii) any note,
bond, mortgage, indenture, license, lease, contract, commitment, agreement or other instrument or
obligation to which GC/CM is a party or by which GC/CM may be bound; or (iii) any statute, order,
writ, injunction, decree, rule or regulation applicable to GC/CM;
10.1.4 no material consent, approval, authorization, declaration or other order of, or registration or filing
with, any court or regulatory authority or any third person is required for the valid execution,
delivery and performance of the Contract by GC/CM or its consummation of the transactions
contemplated hereby;
10.1.5 there is no action, proceeding, suit, investigation or inquiry pending that questions the validity of
the Contract or that would prevent or hinder the consummation of the transactions contemplated
hereby; and,
10.1.6 the GC/CM's Project Manager and Superintendent (if assigned by GC/CM) are duly appointed
representatives and each has the authority to bind the GC/CM to any and all duties, obligations
and liabilities under the Contract Documents and any Amendments or Change Orders thereto.
11. ARTICLE 11 – MISCELLANEOUS
11.1 Headings. The headings used in the Contract are solely for convenience of reference, are not part
of the Contract and are not to be considered in construing or interpreting the Contract.
11.2 Merger. The Contract Documents constitute the entire contract between the parties. No waiver,
consent, modification or change of terms of the Contract shall bind either party unless in writing and
signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only
in the specific instance and for the specific purpose given. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding the Contract. GC/CM, by signature
of its representative, hereby acknowledges that it has read the Contract, understands it and agrees to
be bound by its terms and conditions.
11.3 Progress Payments.
11.3.1 Progress Payments. Based upon applications for payment submitted pursuant to the General
Conditions, Owner shall make progress payments on account of the Preconstruction Fee, Cost of
the Work, General Conditions, and GC/CM Fee, less 5% retainage, to the GC/CM as provided
below and elsewhere in the Contract Documents. Retainage will not be withheld on
Preconstruction Services. A progress payment shall not be considered acceptance or approval
of any Work or waiver of any defects therein.
11.3.2 Percentage of Completion. Applications for payment shall show the percentage of completion of
each portion of the Work as of the end of the period covered by the application for payment. The
percentage of completion shall be the lesser of (i) the percentage of that portion of the Work
which has actually been completed; or (2) the percentage obtained by dividing (a) the expense
that has actually been incurred by the GC/CM on account of that portion of the Work for which the
GC/CMhasmadeor intends to make actual payment prior to the next application for payment by (b)
the share of the GMP allocated to that portion of the Work in the Schedule of Values.
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11.3.3 Calculation of Payment. Subject to other provisions of the Contract Documents, the amount of
each progress payment shall be computed as follows:
11.3.3.1 Take that portion of the GMP properly allocable to completed Work as determined by
multiplying the percentage of completion of each portion of the Work under the Schedule
of Values by the share of the GMP allocated to that portion of the Work in the Schedule of
Values. Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute shall be included;
11.3.3.2 Add that portion of the GMP properly allocable to materials and equipment delivered and
suitably stored and otherwise in compliance with the General Conditions;
11.3.3.3 Add the GC/CM Fee. The portion of the GC/CM Fee payable shall be an amount that
bears the same ratio to GC/CM Fee as the sum of the amounts in the two preceding
Clauses bears to the Cost of the Work, but in no event causing the total GC/CM Fee
payments to exceed the total GC/CM Fee, except as modified by the Amendments and
Change Orders;
11.3.3.4 Subtract the aggregate of previous payments made by and retained by the Owner;
11.3.3.5 Subtract the shortfall, if any, indicated by the documentation required to substantiate prior
applications for payment, or resulting from errors subsequently discovered by the Owner
in such documentation;
11.3.3.6 Subtract any amounts for which the Owner has withheld or nullified payment as provided
in the Contract Documents; and,
11.3.3.7 Subtract 5% retainage on the entire progress payment (with the exception of Pre-
Construction Services).
12. ARTICLE 12 – CONTRACT ATTACHMENTS, APPENDICES, EXHIBITS
Exhibit A – GC/CM Request for Proposal
Exhibit B – General Conditions of the Contract
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GENERALCONDITIONS OF THE CONTRACT
Fire Station #2 Relocation
1. ARTICLE 1 – GENERAL PROVISIONS
1.1.BASIC DEFINITIONS
1.1.1.CONTRACT DOCUMENTS. The Contract Documents consist of the Contract between Owner
and Contractor (hereinafter the “Contract”), Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the
Contract, other documents listed in the Contract and Modifications issued after execution of the
Contract. A Modification is: (a) a written amendment to the Contract signed by both parties; (b) a
Change Order; (c) a Construction Change Directive; or, (d) a written order for a minor change in the
Work issued by the Owner. The Contract Documents shall include the bidding documents and
any alterations made thereto by addenda. In the event of a conflict, discrepancy, contradiction,
or inconsistency within the Contract Documents and for the resolution of same, the following
order of hierarchy and control shall apply and prevail:
1) Contract; 2) Addenda; 3) Pre-Construction Services Conditions; 4) Supplementary
General Conditions, if any; 5) General Conditions of the Contract for Construction;
6) Specifications; 7) Drawings
1.1.1.1.If a conflict, discrepancy, contradiction, or inconsistency occurs within or between the
Specifications and the Drawings, resolution shall be controlled by the following:
1.1.1.1.1. As between figures, dimensions, or numbers given on drawings and any scaled
measurements, the figures, dimensions, or numbers shall govern;
1.1.1.1.2. As between large scale drawings and small scale drawings, the larger scale
drawings shall govern;
1.1.1.1.3. As between the technical specifications and drawings; the technical specifications
shall govern.
1.1.1.1.4. Shop Drawings and Submittals: Shop drawings and other submittals from the
Contractor, subcontractors, or suppliers do not constitute a part of the Contract
Documents.
1.1.1.2. The Contractor acknowledges, understands and agrees that the Contract Documents cannot
be changed except as provided herein by the terms of the Contract. No act(s), action(s),
omission(s), or course of dealing(s) by the Owner with the Contractor shall alter the
requirements of the Contract Documents and that alteration can be accomplished only through
a written Modification process defined herein.
1.1.2.THE DRAWINGS. The Drawings are the graphic and pictorial portions of the Contract
Documents showing the design, intent, location, and dimensions of the Work, generally including
plans, elevations, sections, details, schedules and diagrams.
1.1.3.THE SPECIFICATIONS. The Specifications are that portion of the Contract Documents consisting
of the written requirements for materials, equipment, systems, standards and workmanship for the
Work, and performance of related services.
1.1.4.THE CONTRACT. The entire Contract for Construction is formed by the Contract Documents.
The Contract represents the entire, complete, and integrated agreement between the Owner and
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Contract hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind between: (a)
the Owner and any Subcontractor, Sub-subcontractor, or Supplier; or, (b) between any persons
or entities other than the Owner and Contractor.
1.1.5.THE WORK. The term “Work” means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the Contractor to completely fulfill the
Contract and the Contractor's obligations. The Work may constitute the whole or a part of the
Project and does not include any Pre-Construction Services.
1.1.6.THE PROJECT. The Project is the total construction of which the Work performed under the
Contract Documents may be the whole or a part and which may include construction by the Owner
or by separate contractors.
1.1.7.NOTICE TO PROCEED. The term Notice to Proceed means formal written notice to begin
performing specific services or acts including Construction Phase services, Pre-Construction
Phase services or any other enumerated service or act set forth in the Contract. The Contract Time
will commence to run on the day indicated in the Notice to Proceed.
1.1.8.SITE. The term Site refers to that portion of the property on which the Work is to be performed or
which has been otherwise set aside for use by the Contractor.
1.1.9.PUNCH LIST. The term Punch List means, collectively, unfinished items of the construction of the
Project, which unfinished items of construction are minor or insubstantial details of construction,
mechanical adjustment or decoration remaining to be performed, the non-completion of which
would not materially affect the use of the Project, and which are capable of being completed within
thirty (30) days of Substantial Completion, subject to the availability of special order parts and
materials. By mutual agreement of the Parties, the Punch List may also include other unfinished
items that are not capable of being completed within thirty (30) days of Substantial Completion due
to environmental conditions beyond the reasonable control of Contractor.
1.2.CORRELATION, INTER-RELATIONSHIP, AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1.The intent of the Contract Documents is to include all items and all effort necessary for the
proper execution and completion of the Work by the Contractor. The Contract Documents are
complementary and inter-related, and what is required by one shall be as binding as if required by
all. Performance by the Contractor shall be required to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the indicated
results.
1.2.2.Organization of theSpecificationsinto divisions, sections andarticles, and arrangement of Drawings
shall not control the Contractor in dividing the Work among Subcontractors or in establishing the
extentofWork to be performed by any trade. It is the Contractor’s responsibility to control the Work
under the Contract.
1.2.3.Unless otherwise stated in the Contract Documents, words which have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such
recognized meanings.
1.3.CAPITALIZATION
1.3.1.Terms capitalized in these General Conditions include those which are: (a) specifically defined;
and, (b) the titles of numbered articles and identified references to Paragraphs, Subparagraphs
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and Clauses in the document.
1.4.INTERPRETATION
1.4.1.In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and
"any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
1.4.2.Where the word “days” is used in the Contract Documents, it means calendar days unless
otherwise specified.
1.5.EXECUTION OF THE CONTRACT AND CONTRACT DOCUMENTS
1.5.1.The Contract shall be signed by the Owner and Contractor. Execution of the Contract by the
Contractor constitutes the complete and irrevocable binding of the Contractor and his Surety
to the Owner for complete performance of the Work and fulfillment of all obligations. By execution
of the Contract, the Contractor acknowledges that it has reviewed and familiarized itself with all
aspects of the Contract Documents and agrees to be bound by the terms and conditions contained
therein.
1.5.2.Execution of the Contract by the Contractor is a representation that the Contractor has visited the
site, become generally familiar with local conditions under which the Work is to be performed, and
correlated personal observations with requirements of the Contract Documents.
1.5.3.The Contractor acknowledges that it has taken all reasonable actions necessary to ascertain the
nature and location of the work, and that it has investigated and satisfied itself as to the general
and local conditions which can affect the work or its cost, including but not limited to: (1) conditions
bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of
labor, water, gas, electric power, phone service, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical conditions at the site; (4) the conformation, topography, and
conditions of the ground; and, (5) the character of equipment and facilities needed for
performance of the Work. The Contractor also acknowledges that it has satisfied itself as to
the character, quality, and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the
site, including all exploratory geotechnical work done by the Owner, as well as from the drawings
and specifications made a part of this contract. Any failure of the Contractor to take the action
described and acknowledged in this paragraph will not relieve the Contractor from responsibility for
properly ascertaining and estimating the difficulty and cost of successfully performing the Work or
for proceeding to successfully perform the Work without additional expense to the Owner.
1.5.4.The Owner assumes no responsibility for any conclusions or interpretations made by the
Contractor based on the information made available by the Owner, nor does the Owner assume
responsibility for any understanding reached or representation made by any of its officers, agents,
or employees concerning conditions which can affect the Work unless that understanding or
representation is expressly stated in the Contract Documents.
1.5.4.1. Performance of any portion of the Work, beyond that required for complying with the
specifications and all other requirements of the Contract, shall be deemed to be for the
convenience of the Contractor and shall be at the Contractor's sole expense.
1.5.4.2. There shall be no increase in the contract price or time allowed for performance which is for
the convenience of the Contractor.
1.6.OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER INSTRUMENTS OF
SERVICE
1.6.1.The Drawings, Specifications and other documents, including those in electronic form, prepared
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by the EngineerareInstrumentsofServicethroughwhichthe Work to be executed by the Contractor
is described.
2. ARTICLE 2 – THE OWNER
2.1.THE CITY OF BOZEMAN
2.1.1.The Owner is the City of Bozeman and is the sole entity to be identified as Owner in the Contract
and as referred to throughout the Contract Documents as if singular in number. The Owner shall
designate in writing a representative who shall have express authority to bind the Owner with repect
to all matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner
or the Owner’s authorized representative.
2.1.2.The observations and participations of the Owner or its authorized representative do not alleviate
any responsibility on the part of the Contractor. The Owner reserves the right to observe the work
and make comment. Any action or lack of action by the Owner shall not be construed as approval
of the Contractor's performance.
2.1.3.The Owner reserves the right to require the Contractor, all sub-contractors and material suppliers
to provide lien releases at any time. The Owner reserves the right to withhold progress payments
until such lien releases are received for all work for which prior progress payments have been
made. Upon the Owner’s demand for lien releases (either verbally or written), the Contractor,
all sub-contractors and material suppliers shall provide such releases with every subsequent
application for payment through Final Acceptance of the Project.
2.1.4.Except for permits and fees, including those required under Subparagraph 3.7.1, which are the
responsibility of the Contractor under the Contract Documents, the Owner shall secure and
pay for necessary approvals, easements, assessments and charges required for construction, use
or occupancy of permanent structures or for permanent changes in existing facilities.
2.1.5.Information or services required of the Owner by the Contract Documents shall be furnished by the
Owner within seven (7) days unless an alternative period is agreed to by the Parties. Any other
information or services relevant to the Contractor's performance of the Work under the Owner’s
control shall be furnished by the Owner after receipt from the Contractor of a written request for
such information or services.
2.1.6.Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of
charge, such copies of Drawings and Specifications as are reasonably necessary for execution of
the Work.
2.1.7.Whenever the Contractor is required under the Contract to indemnify the Owner, “Owner” shall
mean the City of Bozeman and the City of Bozeman’s officers, elected officials, employees, and
agents.
2.2.OWNER’S RIGHT TO STOP WORK
2.2.1.If the Contractor fails to correct Work which is not in accordance with the requirements of the
Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner may issue a written order to the Contractor
to stop the Work, or any portion thereof, until the cause for such order has been eliminated.
However, the right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Contractor or any other person or entity, except
to the extent required by Subparagraph 6.1.3. The issuance of a stop work order by the Owner
as a result of Contractor’s failure to correct non-conforming work, shall not give rise to a claim
by the Contractor or any subcontractor for additional cost, time, or other adjustment.
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2.3.OWNER’S RIGHT TO CARRY OUT THE WORK
2.3.1.If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven-day period after receipt of written notice from the Owner to
commence and continue correction of such default or neglect with diligence and promptness, the
Owner may after such seven-day period give the Contractor a second written notice to correct such
deficiencies within a three- day period. If the Contractor within such three-day period after receipt
of such second notice fails to commence and continue to correct any deficiencies, the Owner may,
without prejudice to other remedies the Owner may have, correct such deficiencies. In such case
an appropriate Change Order shall be issued deducting from payments then or thereafter due the
Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and
increased costs made necessary by such default, neglect, or failure. If payments then or thereafter
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference
to the Owner.
2.4.OWNER’S RIGHT TO PERSONNEL
2.4.1.The Owner reserves the right to have the Contractor and/or subcontractors remove person(s)
and/or personnel from any and all work on the project with cause but without cost to the Owner.
Such requests from the Owner may be made verbally or in writing. Cause may be, but is not limited
to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor
coordination, disruption to the facility or others, poor management, causes delay or delays,
disruption of the Project, will not strictly adhere to facility procedures and Project requirements
either knowingly or unknowingly, insubordination, drug/alcohol use, possession of contraband,
belligerentacts oractions,etc.TheContractorshallprovide replacement person(s) and/or personnel
acceptable to the Owner at no cost to the Owner.
2.4.2.Any issue or circumstance relating to or resulting out of this clause shall not be construed or
interpreted to be interference with or impacting upon the Contractor’s responsibilities and liabilities
under theContract Documents.
2.4.3.Person(s) and/or personnel who do not perform in accordance with the Contract Documents,
shall be deemed to have provided the Owner with cause to have such persons removed from
any and all involvement in the Work.
2.4.4.The Contractor agrees to defend, indemnify and hold harmless the Owner from any and all
causes of action, demands, claims, damages, awards, attorneys’ fees, and other costs brought
against the Owner by any and all person(s) or personnel as a result of actions under this clause.
3.ARTICLE 3 – THE CONTRACTOR
3.1.GENERAL
3.1.1.The Contractor is the person or entity identified as such in the Contract and is referred to throughout
the Contract Documents as if singular in number. The term “Contractor” means the Contractor
or the Contractor's authorized representative and GC/CM as identified in the Pre-Construction
Services Conditions.
3.1.2.Construction Contractor Registration: The Contractor is required to be registered with the
Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being
executed by the Owner. A bidder must demonstrate that it has registered or promises that it will
register immediately upon notice of award and prior to the commencement of any work. If the
prevailing bidder cannot or does not register in time for the Owner to execute the Contract within
fifteen (15) days of the date on the notice of award, the Owner may award, at its sole discretion,
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to the next lowest responsible bidder who meets this requirement. The Owner will not execute
a contract for construction nor issue a Notice to Proceed to a Contractor who is not registered per
39-9-401(a) MCA. It is solely the Contractor’s responsibility to ensure that all Subcontractors are
registered in accordance with Title 39, Chapter 9, MCA.
3.1.3.The Owner’s engagement of the Contractor is based upon the Contractor’s representations that it:
3.1.3.1. has the requisite skills, judgment, capacity, expertise, and financial ability to perform the Work;
3.1.3.2. is experienced in the type of labor and services the Owner is engaging the Contractor to
perform;
3.1.3.3. is authorized, licensed and registered to perform the type of labor and services for which it is
being engaged in the State and locality in which the Project is located;
3.1.3.4. is qualified, willing and able to perform the labor and services for the Project in the manner and
scope defined in the Contract Documents; and,
3.1.3.5. has the expertise and ability to provide labor and services that will meet the Owner’s objectives,
intent and requirements, and will comply with the requirements of all governmental, public, and
quasi-public authorities and agencies having or asserting jurisdiction over the Project.
3.1.4.The Contractor shall perform the Work in accordance with the Contract Documents.
3.1.5.The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents by tests, inspections or approvals required or performed by persons other
than the Contractor.
3.1.6.Quality Control (i.e. ensuring compliance with the Contract Documents) and Quality Assurance
(i.e. confirming compliance with the Contract Documents) are the responsibility of the Contractor.
Testing, observations, and/or inspections performed or provided by the Owner are solely for the
Owner’s own purposes and are for the benefit of the Owner. The Owner is not liable or
responsible in any form or fashion to the Contractor regarding quality assurance or extent of such
assurances. The Contractor shall not, under any circumstances, rely upon the Owner’s testing or
inspections as a substitute or in lieu of its own Quality Control or Assurance programs.
3.2.REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
3.2.1.Before starting each portion of the Work, the Contractor shall carefully study and compare the
various Drawings and other Contract Documents relative to that portion of the Work, shall take
field measurements of any existing conditions related to that portion of the Work and shall observe
any conditions affecting the Work. These obligations are for the purpose of facilitating construction
by the Contractor and are not for thepurpose of discovering errors, omissions, or inconsistencies in
the Contract Documents. However, any errors, inconsistencies or omissions discovered by the
Contractor shall be reported promptly to the Owner as a request for information in such form as
the Owner may require.
3.2.2.Except as otherwise expressly provided in this Contract, the Contractor assumes all risks, liabilities,
costs, andconsequencesofperforminganyeffortorwork inaccordancewithanywrittenororalorder
(including but not limited to direction, instruction, interpretation, or determination) of a person
not authorized in writing by the Owner to issue such an order.
3.2.3.Sufficiency of Contract Documents: Prior to submission of its bid, and in all events prior to and
upon signing the Guaranteed Maximum Price Amendment, the Contractor certifies, warrants and
guarantees that it has received, carefully reviewed, and evaluated all aspects of the Contract
Documents and agrees that said Documents are adequate, consistent, coordinated, and
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sufficient for bidding and constructing the Work requested, intended, conceived, and
contemplated therein.
3.2.3.1 The Contractor further acknowledges its continuing duty to review and evaluate the Contract
Documents during the performance of its services and shall immediately notify the Owner
of any problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions it
discovers in the Contract Documents and the Work to be constructed; and, any variances it
discovers between the Contract Documents and applicable laws, statutes, building codes, rules
or regulations.
3.2.5.2 If the Contractor performs anyWork which it knows or should have known due to its experience,
ability, qualifications, and expertise in the construction industry, that involves problems,
conflicts, defects, deficiencies, inconsistencies, errors, or omissions in the Contract Documents
and the Work to be constructed and, any variances between the Contract Documents and
applicable laws, statutes, building codes, rules or regulations, without prior written notification
to the Owner and without prior authorization to proceed from the Owner, the Contractor
shall be responsible for and bear the costs and delays (including costs of any delay) of
performing such Work and all corrective actions as directed by the Owner.
3.2.5.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor
or supplier, to carefully review, evaluate, and become familiar with all aspects of the Contract
Documents shall be deemed void and waived by the Contractor.
3.2.6.Sufficiency of Site Conditions: Prior to submission of its bid, and in all events prior to and upon
signing the Contract, the Contractor certifies, warrants and guarantees that it has visited, carefully
reviewed, evaluated, and become familiar with all aspects of the site and local conditions at which
the Project is to be constructed. The Contractor agrees that the Contract Documents are adequate,
consistent, coordinated, and sufficient representation of the site and local conditions for the Work.
3.2.6.1 The Contractor certifies it has reviewed and become familiar with all aspects of the
Environmental Assessments, the Site Survey and Geotechnical Report for the Project and
has a full understanding of the information provided therein, prior to executing the Guaranteed
Maximum Price Amendment.
3.2.6.2 If the Work involves modifications, renovations, or remodeling of an existing structure(s) or
other man-made feature(s), the Contractor certifies, warrants and guarantees that it has
reviewed, evaluated, and become familiar with all available as-built and record drawings, plans
and specifications, and has thoroughly inspected and become familiar with the structure(s) or
man-made feature(s).
3.2.6.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor
or supplier, to visit, carefully review, evaluate, and become familiar with all aspects of the Site,
available geotechnical information, and local conditions at which the Project is to be
constructed shall be deemed void and waived by the Contractor.
3.3.SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1.The Contractor shall supervise and direct the Work using the Contractor's best skill and
attention recognizing that time and quality are of the essence of the Work. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract,
unless the Contract Documents give other specific instructions concerning these matters. It is
the responsibility of and incumbent upon the Contractor to ensure, confirm, coordinate, inspect
and oversee all Work (which is inclusive of but not limited to all submittals, change orders,
schedules, workmanship, and appropriate staffing with enough competent and qualified personnel)
so that the Work is not impacted in terms of any delays, costs, damages, or additional time, or
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effort on the part of Owner. If the Contract Documents give specific instructions concerning
construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate
the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the
jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor
determines that such means, methods, techniques, sequences or procedures may not be safe,
the Contractor shall give timely written notice to the Owner and shall not proceed with that
portion of the Work without further written instructions from the Owner. If the Contractor is then
instructed to proceed with the required means, methods, techniques, sequences or procedures
without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible
for any resulting loss or damage. The Contractor shall: review any specified construction or
installation procedure; advise the Owner if the specified procedure deviates from good
construction practice; advise the Owner if following the procedure will affect any warranties,
including the Contractor's general warranty, or of any objections the Contractor may have to the
procedure and shall propose any alternative procedure which the Contractor will warrant and
guarantee.
3.3.2.The Contractor shall furnish management, supervision, coordination, labor and services that: (1)
expeditiously, economically, and properly completes the Work; (2) comply with all requirements
of the Contract Documents; and, (3) are performed in a quality workmanlike manner and in
accordance with the standards currently practiced by persons and entities performing or providing
comparable management, supervision, labor and services on projects of similar size, complexity,
cost, and nature to this Project. However, the standards currently practiced within the construction
industryshallnotrelievetheContractor of theresponsibilitytoperform theWorktothelevelof quality,
detail, and excellence defined and intended by the Contract Documents.
3.3.3.All services and labor rendered by the Contractor, including any subcontractors or suppliers,
shall be performed under the immediate supervision at the site of persons possessing expertise and
the requisite knowledge in the discipline or trade of service being rendered. The Contractor shall
maintain such supervision and personnel at all times that the Contractor’s personnel,
subcontractors, and/or suppliers are at the site. The Contractor shall never be absent from the site
during performance of any portion of the Work by any entity under the supervision and direction of
the Contractor. Full time attendance by the Contractor from Notice to Proceed through Final
Acceptance is an explicit requirement of this Contract.
3.3.4.The Contractor shall be responsible to the Owner for acts, damages, errors, and omissions
of the Contractor's employees, subcontractors and their agents and employees, and other persons
or entities performing portions of the Work for or on behalf of the Contractor or any of its
Subcontractors.
3.3.5.The Contractor shall be responsible for inspection of portions of Work already performed to
determine that such portions are in proper condition to receive subsequent Work.
3.4.LABOR, WAGES, AND MATERIALS
3.4.1.Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, materials, permits, licenses, goods, products, equipment, tools, construction equipment and
machinery, water, heat, all utilities, transportation, and other facilities and services necessary for
proper execution and completion of the Work in accordance with the Contract Documents, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work.
3.4.2.The Contractor may make substitutions only with the consent of the Owner and in accordance
with a Change Order. This opportunity to request substitutions does not negate or waive any
requirement for the Contractor to follow a pre-bidding “prior approval” requirement nor obligate
the Owner to approve any substitution request.
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3.4.3.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them.
3.4.4 Prevailing Wages and Montana Residents.
3.4.4.1. The Contractor and all subcontractors at any level or tier of the Work shall give preference to
the employment of bona fide Montana residents in the performance of the Work and shall pay
the standard prevailing rate of wages, including fringe benefits for health and welfare and
pension contributions and travel allowance provisions in effect and applicable to the county or
locality in which the work is being performed. (18-2-403, MCA)
3.4.4.2. The Commissioner of The Montana Department of Labor and Industry (DOLI) has established
the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, MCA.
Contractor shall utilize the "State of Montana, Prevailing Wage Rates" in effect at the time of
advertising for bids. The Commissioner of the Montana DOLI has established the resident
requirements in accordance with 18-2-409, MCA. The Contractor and all subcontractors at
any level or tier of the Work shall direct any and all questions concerning prevailing wage and
Montana resident issues for all aspects of the Work to DOLI.
3.4.4.3. The Contractor and all subcontractors at any tier or level of the Work, and as determined by
the Montana DOLI, shall classify all workers in the project in accordance with the State of
Montana, Prevailing Wage Rates. In the event the Contractor is unable to classify a worker in
accordance with these rates he shall contact DOLI for a determination of the classification and
the prevailing wage rate to be paid.
3.4.4.4. The Contractor and all subcontractors at any tier or level of the Work shall be responsible for
obtaining wage rates for all workers prior to their performing any work on the project. The
Contractor is required to pay and insure that its subcontractors at any tier or level and others
also pay the prevailing wage determined by the DOLI, insofar as required by Title 18 of the
MCA and the pertinent rules and standards of DOLI.
3.4.4.5. It is not the responsibility of the Owner to determine who classifies as a subcontractor, sub-
subcontractor, material man, supplier, or any other person involved in any aspect of the Work
at any tier or level. All such determinations shall be the sole responsibility of the Contractor,
subcontractors, sub-subcontractors, material men, suppliers and others involved in the project
at any tier or level. The Contractor, subcontractors, sub-subcontractors, materialmen, suppliers
and others involved in the project shall defend, indemnify and hold harmless the Owner from all
claims, attorneys’ fees, damages and/or awards involving prevailing wage or Montana
resident issues. Any changes to wages or penalties for failure to pay the correct wages will be
the sole responsibility of the Contractor and/or his subcontractors and no further charges or
claims shall be made to the Owner. If the parties mutually agree or an arbitrator or court
determines that any change in wages is due and any part is attributable to the Owner, the
Owner's sole liability shall be for the amount of wages ordered only and not for other expenses,
charges, penalties, overhead, profit or other mark-ups.
3.4.4.6. In accordance with 18-2-422(1) MCA, each job classification’s standard prevailing wage rate,
including fringe benefits, that the contractors and employers shall pay during construction of
the project is included herein by both reference to DOLI’s “Building” or ‘Heavy/Highway”
schedules, as applicable to the project, and as part of these Contract Documents.
3.4.4.7. The Contractor and every employer, including all subcontractors at any tier or level, is required
by 18-2-422(2) MCA to maintain payroll records in a manner readily capable of being certified
for submission under 18-2-423 MCA, for a period of not less than 3 years after the contractor's,
subcontractor’s, or employer's completion of work on the project or the Final Acceptance by
the Owner, whichever is later.
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3.4.4.8. Each contractor is required by 18-2-422(3) MCA to post in a visible and accessible location a
statement of all wages and fringe benefits in compliance with 18-2-423.
3.5.WARRANTY AND GUARANTEE
3.5.1.The Contractor warrants to the Owner that materials and equipment furnished under the Contract
will be new and of good quality unless otherwise required or permitted by the Contract Documents,
that the Work will be free from defects not inherent in the quality required or permitted, and that the
Work will conform to the requirements of the Contract Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered
defective and rejected. The Contractor's warranty excludes remedy for damage or defect caused
by abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear and normal usage. If required by the Owner, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
3.5.2.The Contractor shall and does hereby warrant and guarantee all work, workmanship, and materials
for the full warranty period as specified in the Contract Documents. The warranty period shall be
defined as commencing withSubstantial Completion (or with each Substantial Completion if there is
more than one) of the Project, or any portion thereof, and continuing for one (1) calendar year
from the date of Final Acceptance of the entire project by the Owner. The date of Final
Acceptance shall be the date of the Owner’s signature on the final request for payment unless
otherwise agreed upon in writing for the entire project or any portion thereof, by the Owner and
Contractor.
3.5.3.In addition to the one (1) calendar year warranty and guarantee specified in this herein above,
the Contractor warrants and guarantees all materials and workmanship for the roofing system for a
period of two(2)calendaryearsfromthedateof FinalAcceptance. This warrantyshallcoveralllabor
and materials for roof and roofing finish systems (e.g. flashing, terminations, parapet caps, etc.)
repairs from moisture penetration and/or defects in workmanship.
3.5.4.Manufacturer and product warranties and guarantees, as provided by the manufacturer or as
specified in the Contract Documents, are in addition to the Contractor’s warranty.
3.6.TAXES
3.6.1.The Contractor is responsible for and shall pay all sales, consumer, use, and similar taxes for the
Work provided by the Contractor which are legally enacted when bids are received or negotiations
concluded, whether or not yet effective or merely scheduled to go into effect.
3.6.2.In compliance with 15-50-206 MCA, the Contractor will have 1% of his gross receipts withheld
by the Owner from all payments due and sent to the Montana Department of Revenue. Each
subcontractor who performs work greater than $5,000 shall have 1% of its gross receipts withheld
by the Contractor and sent to the Montana Department of Revenue. The Contractor shall notifythe
Department of Revenue on the Department’s prescribed form.
3.7.PERMITS, FEES, AND NOTICES
3.7.1.Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for
the building permit and other permits and governmental fees, licenses and inspections necessary
for proper execution and completion of the Work which are customarily secured after execution
of the Contract, including but not limited to, the building permit fee and sewer connection fee.
Electrical, Plumbing, and Mechanical permit fees shall be paid by Contractor, or related
subcontractors responsible for these trades.
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3.7.2.The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations
and lawful orders of public authorities applicable to performance of the Work.
3.7.3.If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building
codes, and rules and regulations, and does so without providing notice to the Owner, the Contractor
shall assume responsibility for such Work and shall bear the costs attributable to correction. The
Contractor shall be solely responsible to insure that all work it performs is in full compliance with all
prevailing and applicable codes and regulations.
3.7.4.If the Contractor encounters conditions at the Site that are (a) subsurface or otherwise concealed
physical conditions that differ materially from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, that differ materially from those ordinarily found
to exist and generally recognized as inherent in construction activities of the character provided for
in the Contract Documents, the Contractor shall promptly provide written notice to the Owner before
conditions are disturbed and in no event later than seven (7) days after first observance of the
conditions. The Owner will promptly investigate such conditions and, if the Owner determines that
they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required
for, performance of any part of the Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Owner determines that the conditions at the Site are not
materially different from those indicated in the Contract Documents and that no change in the terms
of the Contract is justified, the Owner shall promptly notify Contractor in writing, stating the reasons.
If Contractor disputes the Owner’s determination, Contractor may proceed as provided in Section
4.3.
3.8.ALLOWANCES
3.8.1.The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.
Items covered by allowances shall be supplied for such amounts and by such persons or entities as
the Owner may direct.
3.8.2.Unless otherwise provided in the Contract Documents and with specific reference to the calculation
and approval of Allowance Work defined in Article 4.10 in the Pre-Construction Services Conditions:
3.8.2.1. Allowances shall cover the cost to the Contractor of labor, materials and equipment delivered
at the site and all required taxes, less applicable trade discounts;
3.8.2.2. Contractor's costs for overhead, profit for stated allowance amounts shall be included by the
Contractor in the Contract Sum but not in the allowances;
3.8.2.3. Whenever costs within the GMP are more than stated Owner allowances, the Contract Sum
may be adjusted accordingly by Change Order if there is change in the scope of the Project
after submission of the GMP. The Contractor shall be responsible for documenting and
informing the Owner of any changes in the scope of the Project. If costs are less than stated
Owner allowances, the Contract Sum shall be adjusted accordingly by Change Order. If there
is a change in scope of the Project, the amount of the Change Order shall reflect the
difference between actual costs and the allowances under Clause 3.8.2.1.
3.8.3.Materials and equipment under an allowance shall be selected by the Owner.
3.8.4.Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
3.9.CONTRACTOR’S PERSONNEL
3.9.1.The Contractor shall employ competent personnel, supervisors, project managers, project
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engineers, project superintendent, and all others who shall be assigned to the Work throughout
its duration. All personnel assigned by the Contractor to the Work shall possess the requisite
experience, skills, abilities, knowledge, and integrity to perform the Work.
3.9.2.The Contractor agrees that the employees identified in the response to GC/CM Request for
Proposal (RFP) shall be fully and completely engaged to the extent stipulated in the Proposal
response for the duration of the Project, except for catastrophic events including but not limited to
termination of employment, illness, accident, or death. Any changes in the GC/CM Project Team
members or roles should be agreed to with the Owner in writing.
3.9.3.The superintendent and others as assigned shall be in attendance at the Project site during
the performance of any and all Work. The superintendent shall represent the Contractor. All
communications given to the Contractor’s personnel such as the project manager or the
superintendent, whether verbal, electronic or written, shall be as binding as if given to the
Contractor.
3.9.4.It is the Contractor’s responsibility to appropriately staff, manage, supervise and direct the Work
which is inclusive of the performance, acts, and actions of his personnel and subcontractors.
As such, the Contractor further agrees to indemnify and hold harmless the Owner, and to protect
and defend both from and against all claims, attorneys’ fees, demands, causes of action of any
kind or character, including the cost of defense thereof, arising in favor of or against the
Owner, Contractor, their agents, employees, or any third parties on account of the performance,
behavior, acts or actions of the Contractor’s personnel or subcontractors.
3.9.5.Prior to the commencement of any work, the Contractor shall prepare and submit a personnel listing
and organizational chart in a format acceptable to the Owner which lists by name, phone number
(including cell phone), job category, and responsibility the Contractor’s key/primary personnel who
will work on the Project. The Contractor shall promptly inform the Owner in writing of any proposed
replacements, the reasons therefore, and the name and qualifications of any proposed
replacements. The Owner shall have the right to reject any proposed replacements without cost
or claim being made by the Contractor. The chart shall be provided to the Owner at the time of the
pre-construction conference.
3.10. CONSTRUCTION SCHEDULES
3.10.1. The Contractorshall,promptlyafter beingprovided the Notice to Proceed with construction,prepare
and submit for the Owner's information a Contractor's construction schedule for the Work. The
schedule shall not exceed time limits current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the Work and per the requirements of the
Contract Documents, shall be related to the entire Project to the extent required by the Contract
Documents, and shall provide for expeditious and practicable execution of the Work. The
Contractor’s schedule shall be in the “Critical Path Method” and shall show the Critical Path of the
Work in sufficient detail to evaluate the Contractor’s progress. A request for time extension by the
Contractor will not be allowed unless a change in theWork is approved by the Owner and materially
affects the Critical Path. It is the Contractor’s responsibility to demonstrate that any time extensions
requests materially affect the Critical Path.
3.10.2. The Contractor shall prepare and keep current, for the Owner's approval, a schedule of
submittals which is coordinated with the Contractor's Construction Schedule and allows the
Owner reasonable time to review submittals.
3.10.3. The Contractor shall perform the Work in accordance with the most recent schedule submitted
to the Owner.
3.10.4. The Contractor's operations (including but not limited to the Contractor's forces employed,
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sequences of operations, and methods of operation) at all times during the performance of the
contract shall be sufficient to insure the completion of the Work within the specified performance
period.
3.10.5. The Critical Path Method Construction Schedule prepared by the Contractor must be in a form
that is acceptable to the Owner.
3.10.5.1.The Schedule shall show the estimated progress of the entire Project through the
individual time periods allowed for completion of each discipline, trade, phase, section, and
aspect of the Work. The Contractor shall provide written reports of all logic and resource
loading data with the Schedule and with all updates to the Schedule.
3.10.5.2.The Schedule shall show percent complete, progress to date, project work, and projected
time to complete the work for all activities. The percent complete and minor schedule
changes, including additions of activities, change orders, construction change directives,
changes to sequences of activities and significant changes in activity demands must be
shown by a revised Schedule. A written report providing details about the changes and
what actions are anticipated to get the work completed in the contractual time period shall
be submitted with the revised schedule.
3.10.5.3.The Construction Schedule shall include coordinate dates for performance of all divisions
of the Work, including shipping and delivery, off-site requirements and tasks, so the Work
can be completed in a timely and orderly fashion consistent with the required dates of
Substantial Completion and Final Acceptance.
3.10.5.4.The Construction Schedule shall include: (i) the required commencement date, the
required dates of Substantial Completion(s) and Final Acceptance for the complete
Project and all phases (if any); (ii) any guideline and milestone dates required by the
Owner or the Contract Documents; (iii) subcontractor and supplier schedules; (iv) a
submittal schedule which allows sufficient time for review and action by the Owner; (v) the
complete sequence of all construction activities with start and completion dates; and, (vi)
required decision dates.
3.10.5.5.By receiving, reviewing, and/or commenting on the Construction Schedule or any
portion thereof (including logic), Owner does not assume any of the Contractor’s
responsibility or liability that the Schedule be coordinated or complete, or for timely and
orderly completion of the Work.
3.10.5.6.Receiving, reviewing, and/or commenting on the Schedule, any portion thereof, or any
revision thereof, does not constitute an approval, acknowledgement, or acceptance of any
durations, dates, milestones, or performance indicated therein.
3.10.5.7.A printout of the Schedule’s logic showing all activities is required with the Schedule and
with all updates to the Schedule.
3.10.6. The Contractor shall review and compare, at a minimum on a weekly basis, the actual status of the
Work against its Construction Schedule.
3.10.7. The Contractor shall routinely, frequently, and periodically (but not less than monthly) update
and/or revise its Construction Schedule to show actual progress of the Work through the date of
the update or revision, projected level of completion of each remaining activity, activities modified
since the previous update or revision, and major changes in scope or logic. The updated/revised
Schedule shall be accompanied by a narrative report which: (a) states and explains any
modifications of the critical path, if any, including any changes in logic; (b) defines problem areas
and lists areas of anticipated delays; (c) explains the anticipated impact the change in the critical
path or problems and delays will have on the entire Schedule and the completion of the Work; (d)
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provides corrective action taken or proposed; and, (e) states how problems or delays will be
resolved in order to deliver the Work by the required phasing milestones (if any), Substantial
Completion(s), and Final Acceptance dates.
3.10.8. Delay in Performance: If at any time the Contractor anticipates that performance of the Work
will be delayed or has been delayed, the Contractor shall: (1) immediately notify the Owner by
separate and distinct correspondence of the probable cause and effect of the delay, and
possible alternatives to minimize the delay; and, (2) take all corrective action reasonably necessary
to deliver the Work by the required dates. Nothing in this paragraph or the Contract Documents
shall be construed by the Contractor as a granting by the Owner of constructive acceleration. The
results of failure to anticipate delays, or to timely notify the Owner of an anticipated or real delay,
are entirely the responsibility of the Contractor whether compensable or not.
3.10.9. Early Completion: The Contractor may attempt to achieve Substantial Completion(s) on or before
the date(s) required in the Contract. However, such early completion shall be for the
Contractor’s sole convenience and shall not create any real or implied additional rights to
Contractor or impose any additional obligations on the Owner. The Owner will not be liable for
nor pay any additional compensation of any kind to the Contractor for achieving Substantial
Completion(s) or Final Acceptance prior to the required dates as set forth in the Contract.
3.10.10.Float in Schedule. Any and all float time in the Contractor’s schedule, regardless of the
path or activity, shall accrue to the benefit of the Owner and the Work, and not to the Contractor.
Float also includes any difference shown between any early completion dates shown on the
Contractor’s Schedule for any phasing milestone(s), Substantial Completion(s) or Final Acceptance
and the dates or durations as required by the Contract Documents.
3.10.11.Modification of Required Substantial Completion(s) or Final Acceptance Dates:
Modification of the required dates shall be accomplished only by duly authorized, accepted, and
approved change orders stating the new date(s) with specificity on the change order form. All
rights, duties, and obligations, including but not limited to the Contractor’s liability for actual, delay,
and/or liquidated damages, shall be determined in relation to the date(s) as modified.
3.11. DOCUMENTATION AND AS-BUILT CONDITIONS AT THE SITE
3.11.1. The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, Addenda, Change Orders and other Modifications, in good order and accurately
marked to record current field changes and selections made during construction, and one record
copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These
shall be available to the Owner at any time and shall be delivered to the Owner upon completion
of the Work.
3.11.2. The Owner shall not be required to process final payment until all documentation and data required
by the Contract Documents is submitted to and approved by the Owner including, but not limited to,
the As-Built Drawings. The Owner will not process any final request for payment until the Owner
has received and verified that the Contractor has performed the requirements pertaining to the as-
built drawings.
3.11.3. The as-built drawings shall be neatly and clearly marked during construction to record all
deviations, variations, changes, and alterations as they occur during construction along with such
supplementary notes and details necessary to clearly and accurately represent the as-built
condition. The as-built drawings shall be available at all times to the Owner.
3.12. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1. Definitions:
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3.12.1.1.Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer,
supplier or distributor to illustrate some portion of the Work.
3.12.1.2.Product Data are illustrations, standard schedules, performance charts, instructions,
brochures,diagrams andotherinformationfurnishedbytheContractor to illustrate materials
or equipment for some portion of the Work.
3.12.1.3.Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.2. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The
purpose of their submittal is to demonstrate for those portions of the Work for which submittals are
required by the Contract Documents the way by which the Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents. Review by the
Owner is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the
Owner is not expected to take responsive action may be so identified in the Contract Documents.
Submittalswhichare not required bythe Contract Documents maybe returned bythe Owner without
action.
3.12.3. The Contractor shall review, approve, and submit to the Owner, Shop Drawings, Product Data,
Samples and similar submittals required by the Contract Documents within sixty (60) days of being
issued the Notice To Proceed unless noted otherwise and shall do so in such sequence as to
cause no delay in the Work or in the activities of the Owner or of separate contractors. Any and all
items submitted by the Contractor which are not marked as reviewed for compliance with
the Contract Documents and approved by the Contractor, or in the opinion of the Owner, have
not been reviewed for compliance by the Contractor even if marked as such, may be returned
by the Owner without action and shall not result in any accusation or claim for delay or cost by the
Contractor. Any submittal that, in the opinion of the Owner, is incomplete in any area or detail may
be rejected and returned to the Contractor. It is the responsibility of and incumbent upon the
Contractor to ensure and confirm that all submittals are complete, accurate, and in conformance
to the Contract Documents prior to submission.
3.12.4. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the
Contractor represents and guarantees to the Owner that the Contractor has determined and
verified materials, field measurements and field construction criteria related thereto, or will do so,
and has checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.5. The Contractor shall perform no portion of the Work for which the Contract Documents require
submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the
respective submittal has been approved by the Owner. Should the Contractor, Subcontractors
or Sub- subcontractorsinstall,construct,erectorperform anyportionoftheWorkwithoutapprovalof
any requisite submittal, the Contractor shall bear the costs, responsibility, and delay for removal,
replacement, and/or correction of any and all items, material, and /or labor.
3.12.6. The Work shall be in accordance with approved submittals except that the Contractor shall not be
relieved of responsibility for deviations from requirements of the Contract Documents by the
Owner's approval of Shop Drawings, Product Data, Samples or similar submittals unless the
Contractor has specifically informed the Owner in writing of such deviation at the time of submittal
and: (1) theOwnerhasgivenwrittenapprovaltothespecificdeviationasaminorchangeintheWork;
or, (2) a Change Order or Construction Change Directive has been issued authorizing the deviation.
The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by the Owner's approval thereof.
3.12.7. The Contractor shall direct specific attention, in writing or on re-submitted Shop Drawings, Product
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Data, Samples or similar submittals, to revisions other than those requested by the Owner on
previous submittals. In the absence of such written notice the Owner's approval of a re-
submission shall not apply to such revisions.
3.12.8. The Contractor shall not be required to provide professional services which constitute the practice
of architecture or engineering unless such services are specifically required by the Contract
Documents for a portion of the Work or unless the Contractor needs to provide such services in
order to carry out the Contractor's responsibilities for construction means, methods, techniques,
sequences and procedures. The Contractor shall not be required to provide professional services
in violation of applicable law. If professional design services or certifications by a design
professional related to systems, materials or equipment are specifically required of the Contractor
by the Contract Documents, the Owner will specify all performance and design criteria that such
services must satisfy. The Contractor shall cause such services or certifications to be provided
by a properly licensed design professional, whose signature and seal shall appear on all drawings,
calculations, specifications, certifications, Shop Drawings and other submittals prepared by such
professional. Shop Drawings and other submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to the Owner. The Owner shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications or approvals performed by such design professionals,
provided the Owner has specified to the Contractor all performance and design criteria that such
services must satisfy. Pursuant to this subparagraph, the Owner will review, approve or take
other appropriate action on submittals only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
3.12.9. Unless noted otherwise in the Contract Documents, the Contractor shall submit to the Owner within
sixty (60) days from the date of the Notice To Proceed a minimum of six (6) complete copies of all
shop/setting drawings, schedules, cut sheets, products, product data, and samples required
for the complete Work, or as specified within the Contract Documents. Copies shall be reviewed,
marked, stamped and approved on each and every copy by the Contractor prior to submission to
the Owner or they shall be returned without review or action. The Owner shall review within seven
(7) days (unless an alternative period is agreed to by the parties), making corrections, rejections,
or other actions as appropriate. The Owner’s approval or actions on shop/setting drawings,
schedules, cut sheets, products, product data, or samples shall not relieve the Contractor from
responsibility for, nor deviating from, the requirements of the plans and specifications. Any
deviations from the plans and specifications requested or made by the Contractor shall be brought
promptly to the attention of the Owner.
3.12.10.Costfor Re-Submissions: theContractorisresponsiblefor ensuringthatallshop drawings,
product data, samples, and submittals contain all information required by the Contract Documents
to allow the Owner to take action. The Contractor shall pay the Owner’s cost of reviewing any
submittal item exceeding two reviews for the same item. Such costs shall be deducted from the
contract sum by Change Order. The Contractor agrees that any action taken by the Owner is solely
inthe Owner’s discretion and is non-negotiable for the purposes of the Owner’s cost recovery for
multiple (i.e. more than one) review.
3.13. USE OF SITE
3.13.1. The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment. Only materials and equipment which are to be used in the Work shall
be brought to and stored on the Project Site by the Contractor.
3.13.2. The Contractor shall not damage, endanger, compromise or destroy any part of the Project
or the site, including but not limited to work performed by others, monuments, stakes, bench
marks, survey points, utilities, existing features or structures. The Contractor shall be fully and
exclusively responsible for and bear all costs and delays (including and costs of delay) for any
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damage, endangerment, compromise, or destruction of any part of the Project or site.
3.13.3. The Contractor shall coordinate his operations with the Owner in order that the Owner will have
maximum use of existing facilities surrounding the area of the Work, as agreed upon, at all
times during normal working hours. Contractor further agrees to coordinate his operations so
as to avoid interference with the Owner’s normal operations to as great an extent as possible.
3.13.4. Except as may be specifically provided in the Contract Documents, the Contractor shall provide
all necessary temporary facilities, including power, water, sanitation, scaffolding, storage, and
reasonable security. If Owner makes any such facilities available to Contractor, it is without
representation or warranty as to their adequacy for Contractor's use, and Contractor shall
indemnify, defend, and hold Owner harmless from and against any claims arising out of
Contractor's use of such facilities.
3.13.5. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent
areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner
that public areas adjacent to the site of the Work shall be free from all debris, building materials
and equipment likely to cause hazardous conditions. Without limitation of any other provision
of the Contract Documents, Contractor shall not interfere with the occupancy or beneficial use
of (1) any areas and buildings adjacent to the site of the Work or (2) the Building in the event
of partial occupancy, as more specifically described in Paragraph 9.9, without prior approval
of the Owner.
3.13.6. The Contractor shall, for the duration of this Agreement, maintain all areas used by it in
performance of the contract free from excessive dust as reasonably determined and directed
by the Owner, and shall comply with the OSHA standards and those of all other regulatory
agencies, statutes and laws. Industry accepted methods of dust control suitable for the areas
involved will be permitted, where such is in compliance with the foregoing and with the approval
of the Owner. No separate payment will be made for dust control beyond what may be
previously approved by Owner as a General Condition Cost or as included in as a subcontract
bid package item.
3.13.7. The Contractor shall perform all work in strict conformity with all applicable laws, rules and
regulations relating to pollution of any land, stream, and the atmosphere. The Contractor shall,
at its expense, provide suitable facilities to prevent the introduction of any substances or
materials onto the land, or into any stream, river, lake or other body of water including
groundwater.
3.13.8. The Contractor shall not permit or suffer the introduction or use of tobacco or any intoxicants,
including alcohol or illegal drugs, upon the Project site.
3.14. CUTTING AND PATCHING
3.14.1. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work
or to make its parts fit together properly.
3.14.2. The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner or separate contractors by cutting, patching or otherwise
altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such
construction by the Owner or a separate contractor except with written consent of the Owner and of
such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall
not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to
cutting or otherwise altering the Work.
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3.15. WORK HOURS, CLEAN UP, AND SITE CONTROL
3.15.1. Work will be performed in accordance with the Contract Documents and the Bozeman Municipal
Code or other applicable law governing the Contractor’s performance of the Work. No delays
resulting from compliance with applicable laws or regulations may form the basis for any claim by
the Contractor for delay damages or additional compensation or for any extensions of the Contract
Time. Daily work hours shall be limited to those stipulated by Bozeman Municipal Code section
16.06.070.2. Normal work hours for Owner’s testing agencies shall be defined as Monday through
Friday, 8:00 a.m. to 5:00 p.m. except State or Federal holidays. Contractor shall provide a minimum
of 24 hours’ notice to Owner for any testing or inspection that Contractor requires of Owner, or
Owner’s designated representatives outside of normal business hours and shall be responsible for
payment of same to the appropriate party for off-hours Work. The Contractor must notify the Owner
as soon as possible if Work must be performed outside such times in the interest of the safety and
protection of persons or property at the Site or adjacent thereto, or in the event of an emergency.
In no event shall the Contractor permit Work to be performed at the Site without the presence of
the Contractor’s superintendent or person responsible for the protection of persons and property at
the Site and compliance with all applicable laws and regulations, if different from the
superintendent.
3.15.2. The Contractor shall keep the premises and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Contract during performance of the Work and
at the direction of the Owner. Contractor must keep tools, construction equipment, machinery and
surplus materials suitably stored when not in use. At completion of the Work, the Contractor shall
remove from and about the Project waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.3. The Contractor must comply with the Bozeman Municipal Code (Chpt. 16, Article 6) (Noise) and
any successor or substitute provisions covering the regulation of noise. It is the duty of the
Contractor to familiarize itself with those provisions and perform the Work in compliance with those
provisions.
3.15.4. If the Contractor fails to clean up in a manner reasonably satisfactory to the Owner within forty-
eight (48) hours after notice or as otherwise required by the Contract Documents, the Owner may
clean the Site and back charge the Contractor for all costs associated with the cleaning.
3.16. ACCESS TO WORK
3.16.1. The Contractor shall provide the Owner access to the Work at all times wherever located.
3.17. ROYALTIES, PATENTS AND COPYRIGHTS
3.17.1. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims
for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on
account thereof, but shall not be responsible for such defense or loss when a particular design,
process or product of a particular manufacturer or manufacturers is required by the Contract
Documents or where the copyright violations are contained in Drawings, Specifications or other
documents prepared by the Owner. However, if the Contractor has reason to believe that the
required design, process or product is an infringement of a copyright or a patent, the Contractor
shall be responsible for such loss unless such information is promptly furnished to the Owner.
3.18. INDEMNIFICATION
3.18.1. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless
the Owner, and agents and employees of the Owner (the “Indemnitees”) from and against claims,
damages, losses and expenses, including but not limited to attorneys' fees, liabilities (including
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liability where activity is inherently or intrinsically dangerous), or damages of whatever kind or
nature connected therewith occasioned by, growing or arising out of or resulting from or in any way
related to (a) the negligent, reckless, or intentionally wrongful acts or omissions of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they
may be liable; provided that the Contractor shall not be required to indemnify the Indemnitees to
the extent damages arise out of bodily injury to persons or damage to property caused by or
resulting from negligence of the Owner, its agents, officers, or employees, Such obligations shall
not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would
otherwise exist as to an Indemnitee.
3.18.2. Contractor’s indemnity under this Section 3.18 shall be without regard to and without any right to
contribution from any insurance maintained by Owner.
3.18.3. In claims against any person or entity indemnified under this Paragraph 3.18 by an employee
of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall
not be limited by a limitation on amount or type of damages, compensation or benefits payable by
or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or
other employee benefit acts.
3.18.4. Contractor’s obligations under this Section 3.18 shall survive termination of the Contract and
completion of the Project.
4.ARTICLE 4 – ADMINISTRATION OF THE CONSTRUCTION CONTRACT
4.1.OWNER’S ADMINISTRATION OF THE CONSTRUCTION CONTRACT
4.1.1.The Owner will provide administration of the Contract as described in the Contract Documents
throughout the complete duration of the Project.
4.1.2.The Owner will visit the site at intervals appropriate to the stageoftheContractor'soperationsto:(1)
becomegenerallyfamiliarwiththe progress and quality of the portion of the Work completed; and,
(2) to determine in general if the Work is being performed in a manner indicating that the Work,
when fully completed, will be in accordance with the Contract Documents. However, the Owner
will not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Contractor’s Work. The Owner will neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures, for the
safetyofanypersoninvolvedinthework, or for the safety precautions and programs in connection
with the Work, since these are solely the Contractor's rights and responsibilities under the
Contract Documents.
4.1.3.The Owner will not be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Owner will not have control
over or charge of and will not be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or any other persons or entities performing portions
of the Work.
4.1.4.Communications Facilitating Contract Administration. CommunicationsbyandwithSubcontractors
and material suppliers shall be through the Contractor to the Owner. Communications by and with
separate contractors shall be through the Owner to the Contractor.
4.1.5.The Owner will review and certify the amounts due the Contractor.
4.1.6.The Owner will have authority to reject Work that does not conform to the Contract Documents.
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Whenever the Owner considers it necessary or advisable, the Owner will have authority to require
inspection or testing of the Work in accordance with the General Conditions and any applicable
technical specification requirements, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Owner nor a decision made in good faith either to exercise
or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other
persons or entities performing portions of the Work.
4.1.7.The Owner will review and approve or take other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose
of checking for conformance with information given and the design concept expressed in the
Contract Documents. Unless otherwise agreed to by the parties, the Owner's action will be taken
within seven (7) days or such shorter period as is necessary to cause no delay in the Work or in
the activities of the Owner, Contractor or separate contractors, while allowing sufficient time to
permit adequate review. Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as required by the Contract Documents. The Owner's
review of the Contractor's submittals shall not relieve the Contractor of the obligations under
Paragraphs 3.3, 3.5 and 3.12. The Owner’s review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Owner, of any construction means,
methods, techniques, sequences or procedures. The Owner’s approval of a specific item shall
not indicate approval of an assembly of which the item is a component.
4.1.8.The Contractor will prepare Change Orders and Construction Change Directives for Owner’s
approval. The Contractor will investigate and make recommendations regarding concealed and
unknown conditions as provided in Section 3.7.4.
4.1.9.The Owner will conduct inspections to determine the date or dates of Substantial Completion(s)
and the date of Final Acceptance, will receive written warranties and related documents required
by the Contract and assembled by the Contractor.
4.1.10. The Owner's observations or inspections do not alleviate any responsibility on the part of the
Contractor. The Owner reserves the right to observe and inspection the work and make comment.
Action or lack of action following observation or inspection is not to be construed as approval of
Contractor's performance.
4.2.CLAIMS AND DISPUTES
4.2.1.Definition. AClaim isa writtendemandorassertionbyoneofthepartiesseeking,asamatterofright,
adjustment or interpretation of Contract terms, payment of money, extensions of time or other relief
with respect to the terms of the Contract. The term "Claim" also includes other disputes,
controversies, and matters in question between the Owner and Contractor arising out of or relating
to the Contract. Claims must be initiated by written notice. The responsibilityto substantiateClaims
shall rest solely with the party making the Claim.
4.2.1.1 Time Limits on Claims. Claims by either party must be initiated within twenty-one (21) days
after occurrence of the event giving rise to such claim. The following shall apply to the initiation
of a claim:
4.2.1.1.1.A written notice of a claim must be provided to the other party within twenty-one (21)
days after the occurrence of the event or the claim is waived by the claiming party and
void in its entirety.
4.2.1.1.2.Claims must be initiated by separate, clear, and distinct written notice within the twenty-
one (21) day time frame to the other party and must contain the notarized statement
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in Sub-Paragraph 4.3.1.5 when the claim is made by the Contractor. Discussions in
any form with the Owner, whether at the site or not, do not constitute initiation of a
claim. Notes in project meeting minutes, email correspondence, change order
proposals, or any other form of documentation does not constitute initiation of a claim.
The written notice must be a separate and distinct correspondence provided in
hardcopy to the Owner and must delineate the specific event and outline the causes
and reasons for the claim whether or not cost or time have been fully determined.
Written remarks or notes of a generic nature are invalid in their entirety. Comments
made at progress meetings, project site visits, inspections, emails, voice mails, and
other such communications do not meet the requirement of providing notice of claim.
4.2.1.1.3.Physical Injury or Physical Damage. Should the Owner or Contractor suffer physical
injury or physical damage to person or property because of any error, omission, or act
of the other party or others for whose acts the other party is legally and
contractually liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such physical injury or physical damage but
in no case beyond thirty (30) days of the first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. The provisions
of this paragraph shall not be construed as a substitute for or a waiver of the provisions
of any applicable statute of limitations or repose. In all such cases, the indemnification
provisions of the Contract shall be effectual and the Contractor’s insurance shall be
primary and in full effect.
4.2.1.2. All Claims must contain sufficient justification and substantiation with the written notice or they
may be rejected without consideration by the other party with no additional impact or
consequence to the Contract Sum, Contract Time, or matter(s) in question in the Claim.
4.2.1.3. If additional compensation is claimed, the exact amount claimed and a breakdown of that
amount into the following categories shall be provided with each and every claim:
4.2.1.3.1.Direct costs (as listed in Subparagraph 7.3.9.1 through 7.3.9.5);
4.2.1.3.2.Indirect costs (as defined in Paragraph 7.2.5); and,
4.2.1.3.3.Consequential items (i.e. time extensions, credits, logic, reasonableness, impacts,
disruptions, dilution) for the change.
4.2.1.4 If additional time is claimed the following shall be provided with each and every claim:
4.2.1.4.1 The specific number of days and specific dates for which the additional time is
sought;
4.2.1.4.2 The specific reasons, causes, and/or effects whereby the Contractor believes that
additional time should be granted; and,
4.2.1.4.3 The Contractor shall provide analyses, documentation, and justification of its claim for
additional time in accordance with the latest Critical Path Method schedule in use at the
time of event giving rise to the claim.
4.2.1.5 With each and every claim, the Contractor shall submit to the Owner a notarized statement
containing the following language:
“Under penalty of law (including perjury and/or false/fraudulent claims against the
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State), the undersigned,
(Name)
(Title)
Of (Company)
hereby certifies, warrants, and guarantees that this claim made for Work on this
Contract is a true statement of the costs, adjustments and/or time sought and is
fully documented and supported under the contract between the parties.
(Signature)(Date)”
4.2.2.Continuing Contract Performance.
4.2.2.1. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in
Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of
the Contract and the Owner shall continue to make payments in accordance with the Contract
Documents on the portion of the Work not involved in a Claim.
4.2.3.Claims for Cost or Time for Concealed or Unknown Conditions.
4.2.3.1 If conditions are encountered at the site which are: (a) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract Documents; or,
(b) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice by the observing party shall be
given to the other party promptly before conditions are disturbed.
4.2.3.2 The Owner and Contractor will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the Contractor's cost of, or time required for, performance
of any part of the Work, Contractor will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Owner shall so notify the Contractor in writing, stating
the reasons. Claims by the Contractor in opposition to such determination must be made
within twenty-one (21) days after the date of the Owner’s decision.
4.2.3.3 If the conditions encountered are materially different, the Contract Sum and Contract Time shall
be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the
Contract Sum or Contract Time, the adjustment shall be subject to further proceedings pursuant
to Paragraph 4.4.
4.2.3.4 Nothing in this paragraph shall relieve the Contactor of its obligation to adequately and
sufficiently investigate, research, and examine the site, the site survey, topographical
information, and the geotechnical information available whether included by reference or fully
incorporated in the Contract Documents.
4.2.4.Claims for Additional Cost.
4.2.4.1 If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as
providedherein shall be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangering life or property arising under
Paragraph 10.6.
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4.2.4.2 If the Contractor believes additional cost is involved for reasons including but not limited to: (a)
an order by the Owner to stop the Work solely for the Owner’s convenience or where the
Contractor was not at least partially at fault; (b) a written order for a minor change in the Work
issued by the Owner; (c) failure of payment by the Owner per the terms of the Contract; (d)
termination of the Contract by the Owner; or, (e) other reasonable grounds, Claim must be filed
in accordance withParagraph 4.3.
4.2.5.Claims for Additional Time
4.3.5.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as
specified in these General Conditions shall be provided along with the notarized certification.
The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay for the same event or cause only one
Claim is necessary. However, separate and distinct written notice is required for each separate
event.
4.3.5.2. Weather Delays:
4.2.5.2.1 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for
the period of time, could not have been reasonably anticipated, and had an adverse
effect on the scheduled construction activities.
4.2.5.2.2 Inclement or adverse weather shall not be a prima facie reason for the granting of an
extension of time, and the Contractor shall make every effort to continue work under
prevailing conditions. The Owner may grant an extension of time if an unavoidable
delay occurs as a result of inclement/severe/adverse weather and such shall then be
classified as a “Delay Day”. Any and all delay days granted by the Owner are and
shall be non-compensable in any manner or form. The Contractor shall comply with
the notice requirements concerning instances of inclement/severe/adverse weather
before the Owner will consider a time extension. Each day of
inclement/severe/adverse weather shall be considered a separate instance or event
and as such, shall be subject to the notice requirements.
4.2.5.2.3 An“inclement”,“severe”,or“adverse”weatherdelaydayisdefinedasadayonwhich the
Contractor is prevented by weather or conditions caused by weather resulting
immediately there from, which directly impact the current controlling critical-path
operation or operations, and which prevent the Contractor from proceeding with at
least 75% of the normal labor and equipment force engaged on such critical path
operation or operations for at least 60% of the total daily time being currently spent on
the controlling operation or operations.
4.2.5.2.4 The Contractor shall consider normal/typical/seasonal weather days and conditions
caused by normal/typical/seasonal weather days for the location of the Work in the
planning and scheduling of the Work to ensure completion within the Contract Time. No
time extensions will be granted for the Contractor’s failure to consider and account
for such weather days and conditions caused by such weather for the Contract
Time in which the Work is to be accomplished.
4.2.5.2.5 A “normal”, “typical”, or “seasonal” weather day shall be defined as weather that can be
reasonably anticipated to occur at the location of the Work for each particular month
involved in the Contract Time. Each month involved shall not be considered individually
as it relates to claims for additional time due to inclement/adverse/severe weather but
shall consider the entire Contract Time as it compares to normal/typical/seasonal
weather that is reasonably anticipated to occur. Normal/typical/seasonal weather
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days shall be based upon U.S. National Weather Service climatic data for the location
of the Work or the nearest location where such data is available.
4.2.5.2.6 The Contractor is solely responsible to document, prepare and present all data and
justification for claiming a weather delay day. Any and all claims for weather delay
days shall be tied directly to the current critical-path operation or operations on the
day of the instance or event which shall be delineated and described on the Critical-
Path Schedule and shall be provided with any and all claims. The Contractor is
solely responsible to indicate and document why the weather delay day(s) claimed
are beyond those weather days which are reasonably anticipated to occur for the
Contract Time. Incomplete or inaccurate claims, as determined by the Owner, may be
returned without consideration or comment.
4.2.5.3 Where the Contractor is prevented from completing any part of the Work with specified
durations or phases due to delay beyond the control of both the Owner and the Contractor, an
extension of the contract time or phase duration in an equal amount to the time lost due to such
delay shall be the Contractor’s sole and exclusive remedy for such delay.
4.2.5.4 Delays attributable to and/or within the control of subcontractors and suppliers are deemed to
be within the control of the Contractor.
4.2.5.5 In no event shall the Owner be liable to the Contractor, any subcontractor, any supplier,
Contractor’s surety, or any other person or organization, for damages or costs arising out of or
resulting from: (1) delays caused by or within the control of the Contractor which include but
are not limited to labor issues or labor strikes on the Project, federal, state, or local jurisdiction
enforcement actions related directly to the Contractor’s Work (e.g. safety or code violations,
etc.); or, (2) delays beyond the control of both parties including but not limited to fires, floods,
earthquakes, abnormal weather conditions, acts of God, nationwide material shortages, actions
or inaction by utility owners, emergency declarations by federal, state, or local officials enacted
in the immediate vicinity of the project.
4.2.6.Claims for Consequential Damages.
4.2.6.1 The Contractor and Owner waive Claims against each other for consequential damages arising
out of or relating to this Contract. This mutual waiver includes:
4.2.6.1.1 damages incurred by the Owner for losses of use, income, profit, financing, business
and reputation, and for loss of management or employee productivity or of the
services of such persons; and,
4.2.6.1.2 damages incurred by the Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, income, and for loss of profit.
4.2.6.2 This mutual waiver is applicable, without limitation, to all consequential damages due to either
party's termination in accordance with Article 14. Nothing contained in this waiver of
consequential damages shall be deemed to preclude an award of liquidated or actual damages,
when applicable, in accordance with the requirements of the Contract Documents.
4.3.RESOLUTION OF CLAIMS, DISPUTES, AND CONTROVERSIES
4.3.1.Either party may submit a Claim to the other party in accordance with the Contract. After
submission of the Claim, the parties will attempt in good faith to resolve the Claim through
negotiation.
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4.3.2.Any Claim arising out of or related to the Contract, except those already waived in
Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall be subject to mediation or the
institution of legal or equitable proceedings. Claims waived in Subparagraphs 4.3.6, 7.2.6, 7.3.8,
9.10.4, and 9.10.5 are deemed settled, resolved, and completed.
4.3.3.A Claim subject to or related to liens or bonds shall be governed by applicable law regarding
notices, filing deadlines, and resolution of such Claim prior to any resolution of such Claim by
mediation, or by arbitration, except for claims made by the Owner against the Contractor’s bonds.
4.3.4.Pending final resolution of a Claim including mediation, arbitration (if mutually agreed to by the
Parties), or court proceedings, unless otherwise mutually agreed in writing, the Contractor shall
proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract on Work or amounts not in dispute.
4.4.MEDIATION
4.4.1.Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and
except those waived as provided for in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall,
thirty (30) days after submission of the Claim to the other party and the party’s inability to resolve the
claim through good faith negotiations, be subject to mediation as a condition precedent to the
institution of legal or equitable proceedings by either party.
4.4.2.The parties shall endeavor to resolve their Claims by mediation administered by a Dispute
Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and
Procedural Manual. The parties must enter into a separate agreement establishing, among others,
the scope of work of the DRB, the responsibilities of the parties, the time for completion of the
DRB’s process, payment to DRB members, and whether the decision or findings of the DRB will
be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to
mediation administered by a neutral third party mediator in accordance with American Arbitration
Association procedures in effect on the date the Claim is made in lieu of a DRB.
4.4.3.The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held
in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
4.5.ARBITRATION
4.5.1.Any controversy or Claim arising out of or related to the Contract, except Claims relating to
aesthetic effect and except thosewaivedasprovidedforinSubparagraphs4.3.6,7.2.6,7.3.8,9.10.4
and 9.10.5, may, thirty (30) days after submission of the Claim to the other party, be submitted to
arbitration provided both parties mutually agree in writing to submit the Claim to arbitration. Prior
to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the
provisions of Paragraph 4.5.
4.5.2.In the event the parties agree to utilize an arbitration process, it shall be conducted in accordance
with the Montana Uniform Arbitration Act (MUAA). To the extent it does not conflict with the MUAA,
the Construction Industry Arbitration Rules of the American Arbitration Association shall apply
except as modified herein. The parties to the arbitration shallbear their own costs and expenses for
participating in the arbitration. Costs of the Arbitration panel shall be borne equally between the
parties except those costs awarded by the Arbitration panel (including costs for the arbitration
itself).
4.5.3.Prior to the arbitration hearing all parties to the arbitration may conduct discovery subject to the
provisions of Montana Rules of Civil Procedure. The arbitration panel may award actual damages
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incurred if a party fails to provide full disclosure under any discovery request. If a partyclaims a right
of information privilege protected by law, the party must submit that claim to the arbitration panel
for a ruling, before failing to provide information requested under discovery or the arbitration panel
may award actual damages.
4.5.4.The venue for all arbitration proceedings shall be the seat of the county in which the work occurs or
the Eighteenth Judicial District, Gallatin County, as determined solely by the Owner. Arbitration
shall be conducted by a panel comprised of three members with one selected by the
Contractor, one selected by the Owner, and one selected by mutual agreement of the Owner and
the Contractor.
4.5.5.A request for arbitration shall be made within the time limits specified in Subparagraphs 4.4.5. In
no event shall it be made after the date when institution of legal or equitable proceedings based
on such Claim would be barred by the applicable statute of limitations as determined pursuant to
Paragraph 13.7.
4.5.6.Limitation on Consolidation or Joinder. No arbitration shall include, by consolidation or joinder
or in any other manner, parties other than the Owner, Contractor, a separate contractor as
described in Article 6 and other persons substantially involved in a common question of fact or
law whose presence is required if complete relief is to be accorded in arbitration. No person or entity
other than the Owner,Contractor, or a separate contractor as described in Article 6 shall be included
as an original third party or additional third party to an arbitration whose interest or responsibility is
insubstantial. The foregoing agreement to arbitrate and other agreements to arbitrate with an
additional person or entity duly consented to by parties to the Agreement shall be specifically
enforceable under applicable law in any court having jurisdiction thereof.
4.5.7.Claims and Timely Assertion of Claims. The party filing a request for arbitration must assert
in the request all Claims then known to that party on which arbitration is permitted to be demanded.
4.5.8.Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final,
and judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof. The parties agree that the arbitrator(s) shall have authority to award to either
party some or all of the costs and expenses involved, including attorney’s fees.
5.ARTICLE 5 – SUBCONTRACTORS
5.1.DEFINITION
5.1.1.A Subcontractor is a person or entity who has a direct or indirect contract at any tier or level with
the Contractor or any Subcontractor to the Contractor to perform a portion of the Work at the site.
The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number
and means a Subcontractor or an authorized representative of the Subcontractor. The term
"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor.
5.2.AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1.Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor,
as soon as practicable after award of the Contract and in no instance later than thirty (30)
days after award of the Contract, shall furnish in writing to the Owner the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. The Owner will promptly reply to
the Contractor in writing stating whether or not the Owner, after due investigation, has reasonable
objection to any such proposed person or entity.
5.2.2.The Contractor shall not contract with a proposed person or entity to which the Owner has
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made reasonable and timely objection. The Contractor shall not be required to contract with
anyone to whom the Contractor has made reasonable objection.
5.2.3.If the Owner has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner has no reasonable objection. If the
proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract
Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by
such change, and an appropriate Change Order shall be issued before commencement of the
substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall
be allowed for such change unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4.The Contractor shall not change a Subcontractor, person or entity previously selected if the
Owner makes reasonable objection to such substitute. The Contractor shall not change or
substitute for a Subcontractor who was required to be listed on the bid without first getting the
approval of the Owner.
5.3.SUBCONTRACTUAL RELATIONS
5.3.1.By appropriate agreement, written where legally required for validity, the Contractor shall require
each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor
all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's
Work, which the Contractor, by these Documents, assumes toward the Owner. Each subcontract
agreement shall preserve and protect the rights of the Owner under the Contract Documents with
respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not
prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in
the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor
that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with Sub-
subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors will similarly make copies of applicable
portions of such documents available to their respective proposed Sub-subcontractors.
5.3.2.Upon written request by the Owner, the Contractor shall require its subcontractors to provide
to it performance and payment securities for their portion of the Work in the types and form defined
in statute (18-2-201 and 18-2-203 MCA) for all sub-contractual agreements.
5.3.3.The Contractor shall prepare a Subcontractors’ and Suppliers’ chart in a format acceptable to the
Owner which lists by name, all contact information, job category, and responsibility the Contractor’s
Subcontractors (at all tiers or levels) and Suppliers with a pecuniary interest in the Project of greater
than $5,000.00. The chart shall be provided to the Owner at the time of the pre-construction
conference but no less than thirty (30) days after receiving the Notice to Proceed for construction.
5.3.4.All Contractors and Subcontractors to this contract must comply with all Montana Department of
Labor and Industry requirements, regulations, rules, and statutes.
5.3.5.In compliance with state statutes, the Contractor will have the 1% Gross Receipts Tax withheld
from all payments. Each "Public Contractor" includes all Subcontractors with contracts greater than
$5,000 each. The Contractor and all Subcontractors will withhold said 1% from payments made to
all Subcontractors with contracts greater than $5,000.00 and make it payable to the Montana
Department of Revenue. The Contractor and all Subcontractors shall also submit documentation of
all contracts greater than $5,000.00 to the Montana Department of Revenue on the Department’s
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prescribed form.
5.4.CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1.Each subcontract agreement for a portion of the Work is assigned by the Contractor to the
Owner provided that:
5.4.1.1. assignment is effective only after termination of the Contract by the Owner for cause pursuant
to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by
notifying the Subcontractor and Contractor in writing; and,
5.4.1.2. assignment is subject to the prior rights of the surety, if any, obligated under bond relating to
the Contract.
5.4.2.Upon such assignment, if the Work has been suspended for more than thirty (30) days as a
result of the Contractor’s default, the Subcontractor's compensation shall be equitably adjusted for
increases in cost resulting from the suspension. Such adjustment shall be at the expense of the
Contractor.
5.4.3.The Contractor shall engage each of its subcontractors and suppliers with written contracts that
preserve and protect the rights of the Owner and include the acknowledgement and agreement of
each subcontractor and supplier that the Owner is a third-party beneficiary of their sub-contractual
and supplier agreements. The Contractor’s agreements shall require that in the event of default by
the Contractor or termination of the Contractor, and upon request of the Owner, the Contractor’s
subcontractors and suppliers will perform services for the Owner.
5.4.4.Construction Contractor Registration: All Subcontractors at any tier or level are required to be
registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCAprior to the
Contract being executed by the Owner. Subcontractors shall demonstrate to the Contractor that
it has registered or promises that it will register immediately upon notice of award and prior to
the commencement of any work.
6.ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1.OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1.The Owner reserves the right to perform construction or operations related to the Project with the
Owner's own forces, and to award separate contracts in connection with other portions of the
Project or other construction or operations on the site under Conditions of the Contract identical or
substantially similar to these including those portions related to insurance. If the Contractor claims
that delay or additional cost is involved because of such action by the Owner, the Contractor shall
make such Claim as provided in Paragraph 4.3.
6.1.2.When separate contracts are awarded for different portions of the Project or other construction
or operations on the site, the term "Contractor" in the Contract Documents in each case shall
mean the Contractor who executes each separate Owner-Contractor Agreement.
6.1.3.The Owner shall provide for coordination of the activities of the Owner's own forces and of each
separate contractor with the Work of the Contractor, who shall cooperate with them. The
Contractor shall participate with other separate contractors and the Owner in reviewing their
construction schedules when directed to do so. The Contractor shall make any revisions to
the construction schedule deemed necessary after a joint review and mutual agreement. The
construction schedules shall then constitute the schedules to be used by the Contractor, separate
contractors and the Owner until subsequently revised.
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6.1.4.Unless otherwise provided in the Contract Documents, when the Owner performs construction
or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be
subject to the same obligations and to have the same rights which apply to the Contractor under
the Conditions of the Contract, including, without excluding others, those stated in Article 3, this
Article 6 and Articles 10, 11 and 12.
6.2.MUTUAL RESPONSIBILITY
6.2.1.The Contractor shall afford the Owner and separate contractors reasonable opportunity for
introduction and storage of their materials and equipment and performance of their activities, and
shall connect and coordinate the Contractor's construction and operations with theirs as
required by the Contract Documents.
6.2.2.If part of the Contractor's Work depends for proper execution or results upon construction or
operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with
that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such
other construction that would render it unsuitable for such proper execution and results.
Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or
separate contractor's completed or partially completed construction is fit and proper to receive the
Contractor's Work, except as to defects not then reasonably discoverable.
6.2.3.The Contractor shall reimburse the Owner for costs the Owner incurs which are payable to a
separate contractor because of delays, improperly timed activities or defective construction of the
Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor
because of a separate contractor’s delays, improperly timed activities, damage to the Work or
defective construction.
6.2.4.The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed
or partially completed construction or to property of the Owner or separate contractors as
provided in Subparagraph 10.2.5.
6.2.5.The Owner and each separate contractor shall have the same responsibilities for cutting and
patching as are described for the Contractor in Subparagraph 3.14.
6.2.6.If a Subcontractor or separate contractor initiates legal or other proceedings against the Owner on
account of damage alleged to have been caused by the Contractor or its employees, agents, or
subcontractors, the Owner shall notify the Contractor who shall defend such proceedings at its own
expense, and if judgment or award against the Owner arises therefrom, the Contractor shall pay or
satisfy it and shall reimburse the Owner for attorneys’ fees and court or other costs which the Owner
has incurred over and above those paid for directly by the Contractor.
6.3.OWNER'S RIGHT TO CLEAN UP
6.3.1.If a dispute arises among the Contractor, separate contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding area
free from waste materials and rubbish, the Owner may clean up and the Owner will determine
the responsibility of those involved and allocate the cost accordingly.
7.ARTICLE 7 – CHANGES IN THE WORK
7.1.GENERAL
7.1.1.Changes in the Work may be accomplished after execution of the Contract, and without invalidating
the Contract, by Change Order, Construction Change Directive, or order for a minor change in
the Work subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.
Minor changes as ordered by the Owner has the definition provided in Paragraph 7.4.
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7.1.2.AChange Order shall be basedupon agreementbetweentheOwner and Contractor; a Construction
Change Directive requires agreement by the Owner and may or may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Owner alone.
7.1.3.Changes in the Work shall be performed under applicable provisions of the Contract Documents
and the Contractor shall proceed promptly, unless otherwise provided in the Change Order,
Construction Change Directive, or order for a minor change in the Work.
7.1.4.No act, omission, or course of dealing, shall alter the requirement that Change Orders or
Construction ChangeDirectivesshallbeinwritingandsignedbytheOwner,andthatChangeOrders
and Construction Change Directives are the exclusive method for effecting any adjustment to the
Contract. The Contractor understands and agrees that neither the Contract Sum nor the
Contract Time can be changed by implication, oral agreement, verbal directive, or unsigned
Change Order.
7.2.CHANGE ORDERS
7.2.1.A Change Order is a written instrument prepared by the Contractor and signed by the Owner
and Contractor, stating their agreement upon all of the following:
7.2.1.1. change in the Work;
7.2.1.2. the amount of the adjustment, if any, in the Contract Sum; and,
7.2.1.3. the extent of the adjustment, if any, in the Contract Time.
7.2.2.The cost or credit to the Owner resulting from a change in the Work shall be determined as
follows:
7.2.2.1. per the limitations of this Subparagraph, plus a maximum total combined allowance of 5.0%for
overhead and profit for the GCCM. The allowance for overhead and for profit are limited to the
percentage as specified herein unless they are determined to be unreasonable by the Owner
(not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change
Directive; or,
7.2.2.2. by one of the methods in Subparagraph 7.3.4, or as determined by the Owner per
Subparagraph 7.3.9, plus a maximum total combined allowance of 5.0%for overhead and profit
for the GC/CM. Subcontractors shall be limited to a maximum total combined allowance of
15.0%for overhead and profit. The allowances for overhead and for profit are limited to the
percentages as specified herein unless they are determined to be unreasonable by the
Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction
Change Directive.
7.2.2.3. The Contractor’s proposed increase or decrease in cost shall be limited to costs listed in
Subparagraph 7.3.9.1 through 7.3.9.5.
7.2.3.The Contractor shall not submit any Change Order, response to requested cost proposals, or
requested changes which are incomplete and do not contain full breakdown and supporting
documentation in the following three areas:
7.2.3.1. Itemized direct costs (only those listed in Subparagraph 7.3.9.1 through 7.3.9.5 are allowable);
7.2.3.2. Itemized indirect costs (limited as a percentage on each Change Order per Supplementary
General Conditions, Paragraph 7.2.2); and
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7.2.3.3. Itemized consequential items (e.g. time extensions, credits, logic, reasonableness, impacts,
disruptions, dilution).
7.2.3.4. The Contractor shall provide a complete description detailing and summarizing all work
involved.
7.2.4.Any Change Order, responses to requested proposals, or requested changes submitted by the
Contractor which, in the opinion of the Owner, are incomplete, may be rejected and returned to
the Contractor without comment. It is the responsibility of and incumbent upon the Contractor to
ensure and confirm that all Change Orders, responses to requested proposals, or requested
changes are complete prior to submission.
7.2.5.Overhead, applicable to all areas and sections of the Contract Documents, means “Indirect Costs”
as referencedinSubparagraph7.2.3.2. Indirectcostsareinclusiveof,butnotlimitedto,thefollowing:
home office overhead; off-site supervision, except as directly related to the work; home office
project management, except as directly related to the work; effects of disruption and dilution of
management and supervision off-site; time delays; coordination of trades; postage and shipping;
and, effective increase in guarantee and warranty durations. Indirect costs applicable to any and
all changes in the work, either through Change Order or Construction Change Directive, are limited
to the percentage allowance for overhead in Subparagraph 7.2.2.
7.2.6.By signature on any Change Order, the Contractor certifies that the signed Change Order is
complete and includes all direct costs, indirect costs and consequential items (including additional
time, if any) and is free and clear of all claims or disputes (including, but not limited to, claims for
additional costs, additional time, disruptions, and/or impacts) in favor of the Contractor,
subcontractors, material suppliers, or other persons or entities concerning the signed change order
and on all previously contracted Work and does release the Owner from such claims or demands.
7.2.7.Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor
as a result of a Change Order shall require documentation and justification for the adjustment by
a Critical Path Method analysis of the Contractor’s most recent Critical Path Schedule in use prior
to the change. Changes which affect or concern activities containing float or slack time (i.e. not on
the critical path) and which can be accomplished within such float or slack time, shall not result in
an increase in the Contract Time.
7.2.8.Supervision means on-site, field supervision and not home office overhead, off-site management
or off- site supervision, except as directly related to the work.
7.2.9.Labor means those persons engaged in construction occupations as defined in Montana Prevailing
Wage Rates for Building Construction or Heavy/Highway as bound in the Contract Documents
and does not include design, engineering, superintendence, management, on-site field
supervision, home office or other off-site management, off-site supervision, office or clerical work.
7.2.10. No such change is effective until the Owner and Contractor sign the Change Order.
7.3.CONSTRUCTION CHANGE DIRECTIVES
7.3.1.A Construction Change Directive is a written order prepared and signed by the Owner, directing a
change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time,
or both. The Owner may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
7.3.2.Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor
as a result of a Construction Change Directive, shall require documentation and justification for the
adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path
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Schedule in use prior to the change. Changes that affect or concern activities containing float or
slack time (i.e. not on the critical path) and which can be accomplished within such float or slack
time shall not result in an increase in the Contract Time.
7.3.3.A Construction Change Directive shall be used in the absence of agreement on the terms of a
Change Order.
7.3.4.If the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be based on one of the following methods:
7.3.4.1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating
data to permit evaluation;
7.3.4.2. unit prices stated in the Contract Documents or subsequently agreed upon;
7.3.4.3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed
or percentage fee;
7.3.4.4. by actual cost as shown by the Contractor's and Subcontractor's itemized invoices; or
7.3.4.5. as provided in Subparagraph 7.3.9.
7.3.5.Costs shall be limited to the following: cost of materials, including cost of delivery; cost of labor,
including social security, old age and unemployment insurance and fringe benefits under
collective bargaining agreements; workers' compensation insurance; bond premiums; and rental
value of power tools and equipment.
7.3.6.Overhead and profit allowances shall be limited on all Construction Change Directives to those
identified in 7.2.2.
7.3.7.Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the Owner of the Contractor's agreement or disagreement
with the method, if any, provided in the Construction Change Directive for determining the
proposed adjustment in the Contract Sum or Contract Time.
7.3.8.A Construction Change Directive signed by the Contractor indicates the agreement of the
Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a
Change Order.
7.3.9.If the Contractor does not respond or disagrees with the method for adjustment in the Contract
Sum in writing within seven (7) days, the method and the adjustment made shall be determined by
the Owner on the basis of reasonable expenditures and/or savings of those performing the Work
directly attributable to the change including, in the case of an increase in the Contract Sum,
plus an allowance for overhead and profit as listed under Subparagraph 7.2.2. In such case, and
also under Clause 7.3.4.3, the Contractor shall keep and present, in such form as the Architect
may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.9 shall be
limited to the following:
7.3.9.1. costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers' compensation insurance as determined by the
Prevailing Wage Schedules referenced in the Contract Documents;
7.3.9.2. costs of materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
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7.3.9.3. rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
7.3.9.4. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and,
7.3.9.5. additional costs of field supervisionand field office personnel directlyattributable to the change.
7.3.10. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost. When both additions and
credits covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.
7.3.11. Pending final determination of the total cost of a Construction Change Directive to the Owner,
amounts not in dispute for such changes in the Work shall be included in Applications for Payment
accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For
any portion of such cost that remains in dispute, the Owner will make an interim determination for
purposes of monthly certification for payment for those costs. That determination of cost shall adjust
the Contract Sum on the same basis as a Change Order, subject to the right of either party to
disagree and assert a claim in accordance with Article 4.
7.3.12. When the Owner and Contractor reach agreement upon the adjustments, such agreement shall
be effective immediately and shall be recorded by preparation and execution of an appropriate
Change Order. Change Orders may be issued for all or any part of a Construction Change
Directive.
7.4.MINOR CHANGES IN THE WORK
7.4.1.The Owner may order minor changes in the Work not involving adjustment in the Contract Sum or
extension of theContract Time andnotinconsistent withtheintent of the Contract Documents. Such
changes shall be effected by written order and shall be binding on the Owner and Contractor.
The Contractor shall carry out such written orders promptly.
8.ARTICLE 8 – TIME
8.1.DEFINITIONS
8.1.1.Time is of the essence in performance, coordination, and completion of the Work contemplated
herein. The Owner may suffer damages if the Work is not completed as specified herein. When
any duration or time period is referred to in the Contract Documents by days, the first day shall be
determined as the day following the current day of any event or notice starting a specified duration.
8.1.2.Unless otherwise provided, Contract Time is the period of time, including authorized adjustments,
allotted in the Contract Documents for Substantial Completion of the Work.
8.1.3.The date of commencement of the Work is the date established in the NOTICE TO PROCEED
AS ISSUED BY THE OWNER.
8.1.4.The date the Contractor reaches Substantial Completion is the date certified by the Owner in
accordance with Paragraph 9.8.
8.1.5.The term "day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
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8.1.6.Liquidated Damages. The GC/CM acknowledges that the Owner will sustain damages as a
result of the GC/CM's failure to substantially complete the Project in accordance with the
Contract Documents. These damages may include, but are not limited to delays in completion, use
of the Project, engineering costs to complete the Project, and costs associated with Contract
administration and use of temporary facilities. The GC/CM and the Owner acknowledge that the
actual amount of damages would be difficult to determine accurately and agree that that the
following liquidated damages figure represents a reasonable estimate of such damages and is not
a penalty:
8.1.6.1 The Contractorand his suretyshall be liable for andshall pay to the Owner the sums hereinafter
stipulated as liquidated damages for each calendar day of delay until the Work is substantially
complete:One Thousand Dollars ($1000.00).
8.1.7.The Contractor shall not be charged liquidated or actual damages when delay in completion of the
Work is due to:
8.1.7.1. Any preference, priority or allocation order issued by the government;
8.1.7.2. Unforeseeable cause beyond the control and without the fault or negligence of the Contractor,
such as acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions,
freight embargoes, and unusually severe weather. All such occurrences resulting in delay must
be documented and approved by Change Order; or,
8.1.7.3. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in 8.1.7.1
and 8.1.7.2 of this article.
8.1.8.The Contractor is completely obligated and responsible to provide written notice of each day of
delay as provided for in Paragraph 4.3. If delays to the Project are encountered for any reason,
the GC/CM and Owner shall collaborate and mutually take reasonable steps to mitigate the
effects of such delays, regardless of cause or fault. In order to mitigate the effects of delays, it
is incumbent upon and the responsibility of the GC/CM to provide notification of delays as provided
in Paragraph 3.10.8. The Owner may require the GC/CM to accelerate its Work or Services by
increasing workers and equipment, working overtime, or scheduling additional shifts. If the GC/CM
is behind schedule for reasons other than delays beyond the control of both parties as provided
in Paragraph 4.5.3.5 or compensable delays, the acceleration costs will be borne by the GC/CM,
who may allocate Contractor’s Contingency in payment of such costs. If the GC/CM is directed to
accelerate to overcome an Owner-caused delay that would otherwise entitle the GC/CM to an
extension of the Contract Time and/or additional compensation, then the corresponding cost
increase of acceleration shall be attributable to the Owner.
8.1.9.Contract Time. All work shall reach Substantial Completion (or Final Acceptance) by the
date fixed in the Guaranteed Maximum Price Amendment.
8.2.PROGRESS AND COMPLETION
8.2.1.Time limits stated in the Contract Documents are of the essence of the Contract. By executing
the Contract the Contractor confirms that the Contract Time is a reasonable period for performing
the Work.
8.2.2.The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,
prematurely commence operations on the site or elsewhere prior to the date on the Notice to
Proceed and in no case prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor. The date of commencement of the Work shall not be changed by the
effective date of such insurance.
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8.2.3.The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial
Completion within the Contract Time.
8.2.4.If the Contractor falls behind the latest construction schedule by more than fourteen (14) days
through its own actions or inaction, neglect, inexperience, lack of oversight and management of the
Work including that of any Subcontractors, written notice to the Owner shall be provided within
three (3) days with explanation of how the Contractor intends to get back on schedule. Response
to getting back on schedule consists of providing a sufficient number of qualified workers and/or
proper materials or an acceptably reorganized schedule to regain the lost time in a manner
acceptable to the Owner.
8.2.5.Completion of the work within the stated time and/or by the date stated on the Notice to Proceed is
of the essence of this Contract and failure to complete, without approved time extension, may be
considered default of the Contract. At the time for completion as stated on the Notice to Proceed
or as extended by approved change order, if the work is not substantially complete, the Owner
may notify the Contractor and the Contractor’s surety company in writing of the recourse the
Owner intends to take, within the Contract, to assess liquidated damages and /or cause the Work
to be completed.
8.3.DELAYS AND EXTENSIONS OF TIME
8.3.1.If the Contractor is delayed at any time in the commencement or progress of the Work by an act or
neglect of the Owner, or of an employee of either, or of a separate contractor employed by the
Owner, or by changes ordered in the Work, or by fire, unusual delay in deliveries, unavoidable
casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner
pending mediation or other alternative dispute resolution (“Excusable Delay”), then the Contract
Time shall be extended by Change Order for such reasonable time as the Owner and Contractor
may agree.
8.3.2.Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3.
8.3.3.This Paragraph 8.3 does not preclude recovery of damages for delay by either party under
other provisions of the Contract Documents.
9.ARTICLE 9 – PAYMENTS AND COMPLETION
9.1.CONTRACT SUM
9.1.1.The Contract Sum is stated in the Contract and, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the Contract
Documents.
9.2.SCHEDULE OF VALUES
9.2.1.Before the first Application for Payment, the Contractor shall submit to the Owner a schedule of
values allocating the entire Contract Sum to various portions of the Work, prepared in such form and
supported bysuch datato substantiateitsaccuracyastheOwner mayrequire.Thisschedule,unless
objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
9.3.APPLICATIONS FOR PAYMENT
9.3.1.The Contractor shall submit to the Owner itemized Applications for Payment for Work completed on
a monthly basis in accordance with a schedule approved by the Owner. Each Application
for Payment must be consistent with the Schedule of Values. Such application shall be signed
and supported by such data substantiating the Contractor's right to payment as the Owner may
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require, such as copies of requisitions from Subcontractors and material suppliers, and
reflecting retainage if provided for in the Contract Documents.
9.3.2.The form of Application for Payment must be AIA Document G702, Application and Certificate for
Payment, supported by AIA Document G703, Continuation Sheet (latest edition), or such other
form as may be mutually agreed to by the Owner and Contractor. The application must be notarized
and supported by sufficient data to demonstrate the Contractor’s right to payment and compliance
with the payment provisions of the Contract to the satisfaction of the Owner, such as copies of
requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other
documents. Each Application for Payment must reflect approved Contract Modifications and the
Contract retainage provided for in the Contract Documents.
9.3.3.As provided in Subparagraph 7.3.11, such applications may include requests for payment on
account of changes in the Work which have been properly authorized by Construction Change
Directives, or by interim determinations of the Owner, but not yet included in Change Orders.
9.3.4.Applications for Payment shall not include requests for payment for portions of the Work for which
the Contractor does not intend to pay to a Subcontractor or material supplier.
9.3.5.Unless otherwise provided in the Contract Documents, payments shall be made on account of
materials and equipment delivered and suitably stored at the site for subsequent incorporation
in the Work. If approved in advance by the Owner, payment may similarly be made for materials
andequipmentsuitably stored off the site at a location agreed upon in writing. Payment for materials
and equipment stored on or off the site shall be conditioned upon compliance by the Contractor
with procedures satisfactory to the Owner to establish the Owner's title to such materials and
equipment or otherwise protect the Owner's interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the
site.
9.3.6.The Contractor warrants that title to all Work covered by an Application for Payment will pass
to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work.
9.3.7.Until the Work is complete, the Owner will pay 95% of the amount due the Contractor on
account of progress payments. For purposes of this section, “complete” shall mean (a) the
Contractor has fully performed the Contract; (b) the Contractor has completed all Punch List items
to the satisfaction of the Owner; (c) the Contractor has delivered to the Owner all Project close-out
documents in duplicate; and (d) the applicable governmental authorities have issued to the Owner
the final use and occupancy permit for the Project.
9.3.7.1. If the Work and its progress are not in accordance with all or any part, piece, or portion of the
Contract Documents, the Owner may, at its sole discretion and without claim by the Contractor,
increase the amount held as retainage to whatever level deemed necessary to effectuate
performance and progress of the Work, for anticipated repairs, warranties or completion of the
Work by the Contractor or through the letting of other contracts. The Contractor will not be
entitled to additional costs, expenses, fees, time, and such like, in the event the Owner
increases the amount held as retainage due to non-compliance and/or non-performance with
all or any part, piece, or portion of the Contract Documents.
9.3.7.2. Prior to the first Application for Payment, the Contractor shall submit the following information
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on the appropriate forms:
9.3.7.2.1.Schedule of Values: This form shall contain a breakdown of the Bid Packages and/or
othercostsassociated withthevariousportionsoftheWorkandshallbethebasisforthe
progress payments to the Contractor.
9.3.7.2.2.Project/Progress Schedule: If no Schedule (or revised Schedule) is provided with each
and every Application for Payment, the Owner may return the pay request, or hold it,
and may choose not pay for any portion of the Work until the appropriate Schedule,
indicating all changes, revisions and updates, is provided. No claim for additional costs
or interests will be made by the Contractor or any subcontractor on account of holding
or non-payment of the Periodic Estimate for Partial Payment request.
9.3.7.3. The Contractor may submit obligations/securities in a form specified in 18-1-301 Montana Code
Annotated (MCA) to be held by a Financial Institution in lieu of retainage by the Owner. The
Owner will establish the amount that would otherwise be held as retainage. Should the
Contractor choose to submit obligations/securities in lieu of retainage, the Owner will require
the Financial Institution to execute the Owner’s Account Agreement for Deposit of Obligations
Other Than Retainage on such form as shall be acceptable to the City Attorney prior to
submission of any obligations/securities in accordance with 18-1-302 MCA. The Contractor
must extend the opportunity to participate in all obligations/securities in lieu of retainage on a
pro rata basis to all subcontractors involved in the project and shall be solely responsible for
the management and administration of same. The Owner assumes no liability or responsibility
from or to the Contractor or Subcontractors regarding the latter’s participation.
9.3.7.4. In the Application for Payment, the Contractor must certify in writing that, in accordance with
contractual arrangements, Subcontractors and suppliers (a) have been paid from the
proceeds of previous progress payments; and (b) will be paid in a timely manner from the
proceeds of the progress payment currently due. In the event the Contractor has not paid or
does not pay as certified, such failure constitutes a ground for termination under Section
14.2, unless Owner agrees in Owner’s sole discretion that Contractor has a reasonable basis
for not having made the payment.
9.4.OWNER’S APPROVAL OF APPLICATIONS FOR PAYMENT
9.4.1.The Owner will, within seven (7) days after receipt of the Contractor's Application for Payment,
either approve the Application for Payment for such amount as the Owner determines is properly
due, or notify the Contractor in writing of the Owner's reasons for withholding certification in whole
or in part as provided in Subparagraph 9.5.1.
9.5.DECISIONS TO WITHHOLD APPROVAL OF APPLICATION FOR PAYMENT
9.5.1.The Owner may reject an Application for Payment in whole or in part, to the extent reasonably
necessary to protect the Owner, or, because of subsequently discovered evidence, may nullify
the whole or a part of an approval previously issued, to such extent as may be necessary to protect
the Owner from loss for which the Contractor is responsible, including loss resulting from acts
and omissions described in Subparagraph 3.3.4, because of:
9.5.1.1. defective Work not remedied;
9.5.1.2. third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
9.5.1.3. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
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9.5.1.4. reasonable evidence that theWork cannot be completed for the unpaid balance of the Contract
Sum;
9.5.1.5. damage to the Owner or another contractor;
9.5.1.6. reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated
delay; or,
9.5.1.7. failure to carry out the Work in accordance with the Contract Documents.
9.5.2.When the above reasons for withholding approval are removed, payment approval will be given for
amounts previously withheld.
9.5.3.If the Owner withholds payment approval under Section 9.5.1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to
whom the Contractor failed to make payment for Work properly performed or material or equipment
suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the
Contractor and the Contractor will reflect such payment on the next Application for Payment.
9.6.PROGRESS PAYMENTS
9.6.1.After the Owner has approved an Application for Payment, the Owner shall make payment in the
manner and within the time provided in the Contract Documents.
9.6.2.The Contractor shall promptly pay each Subcontractor no later than seven (7) days after receipt
of payment from the Owner the amount to which said Subcontractor is entitled, reflecting
percentages actually retained from payments to the Contractor on account of such
Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar
manner.
9.6.3.The Contractor is prohibited from holding higher amounts in retainage on any Subcontractor than
the Owner is holding from the Contractor.
9.6.4.The Owner will, on request, furnish to a Subcontractor, if practicable, information regarding
percentages of completion or amounts applied for by the Contractor and action taken thereon
by the Owner on account of portions of the Work done by such Subcontractor.
9.6.5.The Owner shall have no obligation to pay, or to see to the payment of, money to a Subcontractor
except as may otherwise be required by law.
9.6.6.Contractor payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3, 9.6.4, and 9.6.5.
9.6.7.A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not
constitute acceptance of Work not in accordance with the Contract Documents.
9.6.8.A one percent (1%) Montana Gross Receipts Tax will be withheld from all payments to the
Contractor in accordance with 15-50-205, et seq., MCA. The Contractor shall be responsible for
withholding the 1% gross receipts tax from payments made by the Owner to the Contractor for
Work performed by Subcontractors and the Contractor will file and transmit the necessary forms to
the Montana Department of Revenue attendant to such subcontracts within ten (10) days of the
award of the subcontract. All amounts withheld for the 1% gross receipts tax are in addition to any
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retainage amounts otherwise authorized under the Agreement.
9.7.FAILURE OF PAYMENT
9.7.1.If the Owner does not pay the Contractor within thirty (30) days after the Contractor submits an
Application for Payment, the Contractor may file a claim in accordance with Section 4.3 of this
Contract.
9.8.SUBSTANTIAL COMPLETION
9.8.1.Substantial Completion is the stage in the progress of the Work when the Work or designated
portion thereof issufficientlycompleteinaccordancewiththeContractDocuments sothattheOwner
can occupy or utilize the Work for its intended use.
9.8.2.When the Contractor considers that the Work, or a portion thereof which the Owner agrees to
accept separately, is Substantially Complete, the Contractor shall prepare and submit to the Owner
a comprehensive list of items to be completed or corrected (“Punch List”) prior to final payment.
Failure to include an item on such list does not alter the responsibility of the Contractor to complete
all Work in accordance with the Contract Documents.
9.8.3.In addition to the Punch List, the Contractor must submit the following with its request for a
determination of Substantial Completion:
a. A use and occupancy permit;
b. final test reports as required by the Contract and certificates of inspection and approval
required for use and occupancy;
c. Fire Inspection or report;
d. approvals from, and transfer documents for, all utilities;
e. Warranties and Guarantees and provided in this Contract; and
f. schedule to complete the Punch List and value of Work not yet complete.
9.8.4.Uponreceipt of the Contractor's Punch List,theOwner willmake an inspectionto determine whether
the Work or designated portion thereof is substantially complete. If the Owner's Inspection
discloses any item, whether or not included on the Contractor's list, which is not sufficiently
complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by the Owner.
In such case, the Contractor shall then submit a request for another inspection by the Owner to
determine Substantial Completion.
9.8.5.The Contractor shall ensure the project is Substantially Complete prior to requesting any inspection
by the Owner so that no more than one (1) inspection is necessary to determine Substantial
Completion for all or any portion of the Work. If the Contractor does not perform adequate
inspections to develop a comprehensive list as required in Subparagraph 9.8.2 and does not
complete or correct such items upon discovery or notification, the Contractor shall be responsible
and pay for the costs of the Owner’s additional inspections to determine Substantial Completion.
Prior to the inspection, the Contractor shall complete the final clean-up of the Project site which,
unless otherwise stated in the Contract Documents, shall consist of:
9.8.5.1 Removal of all debris and waste. All construction debris and waste shall be removed from the
campus grounds. Use of the Owner trash containers will not be permitted;
9.8.5.2 Removal of all stains, smears, marks of any kind from surfaces including existing surfaces if
said damage is the result of the work; and,
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9.8.5.3 Removal of all temporary structures and barricades.
9.8.6.When the Owner agrees that the Work or designated portion thereof is Substantially Complete,
the Contractor will prepare a Certificate of Substantial Completion which shall establish the date
of Substantial Completion and which shall establish responsibilities of the Owner and Contractor
for security, maintenance, heat, utilities, damage to the Work and insurance. After issuance of the
Certificate of Substantial Completion, the Contractor shall finish and complete all remaining items
within thirty (30) days of the date on the Certificate. The Owner shall identify and fix the time for
completion of specific items which may be excluded from the thirty (30) calendar day time limit.
Failure to complete any items within the specified time frames may be deemed by the Owner as
default of the Contract on the part of the Contractor.
9.8.7.The Certificate of Substantial Completion shall be submitted to the Owner for its written acceptance
of responsibilities assigned to Owner and Contractor in such Certificate. Upon such acceptance
and consent of surety if there are claims or past payment issues, the Owner shall make payment of
retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for
Work that is incomplete or not in accordance with the requirements of the Contract Documents.
9.8.8.To the extent provided in the Contract Documents or in the Certificate of Substantial Completion,
the Owner, upon execution of the Certificate of Substantial Completion or occupation by the Owner
of the Work in accordance with Section 9.9, whichever occurs first, will assume responsibility for
security, operation, safety, maintenance, heat, utilities, damage to the Work (other than damage
caused by the Contractor) and insurance.
9.8.9.Upon execution of the Certificate of Substantial Completion, the Contractor will deliver custody and
control of such Work to the Owner. The Owner will thereafter provide the Contractor reasonable
access to such Work to permit the Contractor to fulfill the correction, completion and other
responsibilities remaining under the Contract and the Certificate of Substantial Completion.
9.8.10. At the time of Substantial Completion, in addition to removing rubbish and leaving the building
“broom clean,” the Contractor must replace any broken or damaged materials, remove stains,
spots, marks and dirt from decorated Work, and comply with such additional requirements, if any,
which may be specified in the Contract Documents.
9.9. PARTIAL OCCUPANCY OR USE
9.9.1.The Owner may occupy or use any completed or partially completed portion of the Work at any
stage when such portion is designated by separate agreement with the Contractor, provided such
occupancy or use is consented to by the insurer and authorized by public authorities having
jurisdiction over the Work.Such partialoccupancyor use maycommencewhether or nottheportion
is substantially complete, provided the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments, retainage, if any, security, maintenance,
heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the
period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion Substantially Complete, the Contractor shall
prepare and submit a list to the Owner as provided under Subparagraph 9.8.2. Consent of the
Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner andContractor.
9.9.2.Immediately prior to such partial occupancy or use, the Owner and Contractor shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the
conditionoftheWork. Unlessotherwiseagreedupon,partialoccupancyoruseofaportionorportions
of the Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.9.3.Any agreement as to the acceptance of Work not complying with the requirements of the Contract
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Documents shall not be valid unless in writing. Unless otherwise agreed upon in writing, partial
occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not
complying with the requirements of the Contract Documents.
9.10. FINAL COMPLETION AND FINAL PAYMENT
9.10.1. When the Contractor has completed or corrected all items on the final Punch List and considers
that the Work is complete and ready for final acceptance, the Contractor must give written notice
to the Owner and request a final inspection of the Work as provided in Section 9.10.2. The
Contractor’s notice and request for final inspection must be accompanied by a final Application for
Payment and the Submittals required by Section 9.10.3.
9.10.2. Upon receipt of Contractor’s written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Owner will promptly make such inspection
and, when the Owner concurs that the Work has been fully completed and is acceptable
under the Contract Documents, the Contractor will prepare and submit a Certificate of Final
Completion to the Owner. The Contractor’s notice and request for final inspection constitutes
a representation by the Contractor to the Owner that the Work has been completed in
accordance with the terms and conditions of the Contract Documents. The Owner will promptly
notify the Contractor if the Owner does not concur that the Work is finally complete. In such
case, the Contractor must bear the reasonable cost of any additional services of the Owner
until the Work is determined to be finally complete. When the Owner concurs the Work has
been fully completed, Owner will approve the Contractor’s final Application for Payment.
9.10.3. Neither final payment nor any remaining retainage shall become due until the Contractor submits
to the Owner:
9.10.3.1 an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be responsible
or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied;
9.10.3.2 a release or waiver of all claims except those that are pending. Notwithstanding applicable
Montana law, if any liens have been filed Contractor shall release, waive or indemnify
Owner therefrom;
9.10.3.3 a certificate evidencing that the Contractor’s liability insurance and Performance Bond
required by the Contract Documents remain in effect during the two-year correction
period following Substantial Completion as set forth in Section 12.2.2.1 and 12.2.2.2,
and will not be canceled or allowed to expire until at least thirty (30) days' prior written
notice has been given to the Owner;
9.10.3.4 a written statement that the Contractor knows of no substantial reason that the insurance
will not be renewable to cover the period required by the Contract Documents;
9.10.3.5 Consent of Surety Company to Final Payment or other form prescribed by the Owner; and,
9.10.3.6 if required by the Owner, other data establishing payment or satisfaction of obligations,
such as receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the
Owner;
9.10.3.7 a certified building location survey and as-built site plan in the form and number required
by the Contract Documents;
9.10.3.8 all warranties and bonds required by the Contract Documents;
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9.10.3.9 Record Documents as provided in Section 3.11;
9.10.3.10 Attic stock items as required by the Contract Documents; and
9.10.3.11 documentation of approval by all authorities having jurisdiction that all necessary permits
and licenses have been issued in the name of the Owner as to allow closeout and
satisfaction of all requirements including the submission of acceptable as-built drawings
and other required documents.
9.10.3.12 final, approved operating and maintenance manuals; and
9.10.3.13 all documents and verification of training required in accordance with any Commissioning
Plan.
9.10.4. The Contractor and his surety accepts and assumes responsibility, liability, and costs for and
agrees to defend and hold harmless the Owner for and against any and all actions as a result of the
Owner making final payment.
9.10.5. By submitting any Application for Payment to the Owner the Contractor and his surety certify and
declare that all bills for materials, supplies, utilities and for all other things furnished or caused to be
furnished by the Contractor and all Subcontractors and used in the execution of the Contract will be
fully paid upon receipt of Final Payment and that there are no unpaid obligations, liens, claims,
security interests, encumbrances, liabilities and/or demands of State Agencies, subcontractors,
suppliers, mechanics, laborers or any others resulting from or arising out of any work done, caused
to be done or ordered to be done by the Contractor under the Contract.
9.10.6. The date of Final Payment by the Owner shall constitute Final Acceptance of the Work. The
determining date for the expiration of the warranty period shall be as specified in Paragraphs 3.5
and 12.2.2.
9.10.7. If, after SubstantialCompletion of theWork, final completionthereof is materially delayedthrough no
fault of the Contractor or by issuance of Change Orders affecting final completion, the Owner shall,
upon application by the Contractor, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance
for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Owner. Such payment shall be made under terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
9.10.8. Acceptance of final payment by the Contractor, a Subcontractor, or material supplier, shall
constitute a waiver of any and all obligations, liens, claims, security interests, encumbrances and/or
liabilities against the Owner except those previously made in writing per the requirements of
Paragraph 4.3 and as yet unsettled at the time of submission of the final Application for Payment.
9.10.9. The Owner’s issuance of Final Payment does not constitute a waiver or release of any kind
regarding any past, current, or future claim the Owner may have against the Contractor and/or the
surety.
10. ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY
10.1. SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract. The Contractor shall maintain on site a
material safety data sheet on all chemicals and potentially hazardous materials brought on site by the
Contractor or any subcontractor, supplier, or employee or agent of a subcontractor or supplier, including but
not limited to paints, thinners, glues, mastics and solvents. The safety data sheets will be provided to the
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Owner upon Final Completion.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor must take reasonable precautions for the safety of, and must provide reasonable
protection to prevent damage, injury or loss to:
10.2.1.1 All persons at the Site and other persons who may be affected by the Work or other
operations of the Contractor;
10.2.1.2 the Work and materials and equipment to be incorporated therein or otherwise utilized in
the performance of the Contract, whether in storage on or off the Site, under care,
custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and
10.2.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
10.2.2 The Contractor must repair and/or replace that portion of the work and any materials or
equipment to be incorporated therein and any tools or equipment of the Contractor necessary or
beneficial to performance of the Work which are damaged or stolen due to vandalism, theft or any
other criminal mischief at its expense whether or not covered by insurance. No increase in the
Contract Sum will be granted to the Contractor as a consequence of any delay, impacts or
inefficiencies resulting from any act of vandalism, theft or other criminal mischief whether or not
caused or contributed to by the Contractor’s negligence. The Parties may agree to an extension
of Contract Time in such circumstances as they agree is appropriate.
10.2.3 The Contractor must implement and maintain, as required by the Contract Documents, applicable
laws and regulations and orders of public authorities having jurisdiction (without limitation OSHA
and State of Montana safety agencies and authorities), manufacturers’ instructions or
recommendations, existing conditions and performance of the Contract, reasonable safeguards
for safety and protection, including issuing appropriate notices, distributing material safety data
sheets and other hazard communication information, providing protective clothing and equipment,
posting danger signs and other warnings against hazards, promulgating safety regulations and
notifying owners and users of adjacent sites and utilities.
10.2.4 The Contractor shall erect and maintain, as required by existing conditions and performance of
the Contract, reasonable safeguards for safety and protection, including posting danger signs and
other warnings against hazards, promulgating safety regulations and notifying owners and users
of adjacent sites and utilities.
10.2.5 The Contractor must not load nor permit any part of any structure at the Site to be loaded or
subjected to stresses or pressures so as to endanger its safety or that of adjacent structures or
property.
10.2.6 The Contractor shall reject the use of any Hazardous Material in the construction of the Project,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic substances. It is the Owner's intent to specify and approve only materials and products for
this Project that are free of such hazardous material. If the Contractor becomes aware of that any
Subcontractor, material supplier or manufacturer intends to supply or install products or services
for the Project that contain such materials, the Contractor shall promptly notify the Owner in
writing. Further, if any such materials are discovered in the course of the construction, the
Contractor shall notify the Owner immediately. Construction Manager shall comply with all hazard
communication requirements dictated by the Environmental Protection Agency, the Montana
Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and
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applicable City of Bozeman ordinances. When explosives or other hazardous materials or
equipment are stored or used or unusual methods are employed in the performance of the Work,
the Contractor must exercise utmost care and conduct such activities under supervision of
properly qualified personnel.
10.2.7 If either party suffers injury or damage to person or property because of an act or omission of the
other party, or of any of the other party’s employees or agents, or of others for whose acts it is
contended that the other party is liable, written notice of such injury or damage, whether or not
insured, must be given to the other party within a reasonable time not exceeding twenty-one (21)
days after the onset or occurrence of such damage or injury or such shorter time as may be
required by the Occupational Safety Hazards Administration (OSHA). The notice must provide
sufficient detail to enable the other party to investigate the matter. If notice is not received within
the time specified, any claim arising from the occurrence will be deemed to be conclusively
waived, except to the extent of any applicable insurance (excluding self-insurance) coverage
covering such occurrence. The provisions of this Section may not be used by the Contractor in
lieu of the requirements of Article 7 when the Contractor is seeking an adjustment in the Contract
Sum and are in addition to the requirements of Article 8 when the Contractor is seeking an
adjustment in the Contract Time.
10.2.8 The Contractor must promptly remedy, at its sole cost and expense, damage and loss to property
referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable, unless otherwise instructed in writing by the Owner.
This obligation is in addition to, and not in limitation of, the Contractor’s obligations for
indemnification under Section 3.18 and the Contractor’s responsibility to repair and or replace
that portion of the Work and any materials and equipment to be incorporated therein which are
damaged as a result of criminal mischief as specified in Section 10.2.2.
10.2.9 The Contractor shall designate a responsible member of the Contractor’s organization at the Site
whose duty shall be the prevention of accidents. This person shall be the Contractor’s
superintendent unless otherwise designated by the Contractor in writing to the Owner.
10.3 HAZARDOUS MATERIALS
10.3.1 A “Hazardous Environmental Condition” means the presence at the Site of asbestos, PCBs,
Petroleum, Hazardous Waste (as defined in Section 1004 of the Solid Waste Disposal Act, 42
SUSC Section 6903, as amended), or radioactive material (“Hazardous Materials”), in such
quantities or circumstances that may present a substantial danger to persons or property exposed
thereto in connection with the Work.
10.3.2 The Contractor is responsible for compliance with any requirements included in the Contract
Documents regarding hazardous materials. In the event the Contractor encounters on the Site
material reasonably believed to be a Hazardous Material (other than those for which the Contractor
may have specific responsibility for remediation under the Contract), and the Contractor’s
reasonable precautions will be inadequate to prevent foreseeable damage or injury and the
Contractor cannot proceed with the Work in the absence of the removal, containment or
remediation of the Hazardous Material, the Contractor must immediately stop Work in the area
affected and report the condition to the Owner immediately upon discovery, followed by notice in
writing within 24 hours of discovery.
10.3.2 Upon receipt of notice of suspected Hazardous Materials, Owner will cause an investigation to be
made to verify the presence and extent of such materials, to determine whether such materials are
in fact hazardous, and the steps necessary for their removal, containment or remediation. Owner
shall be responsible for the cost of any such investigation, removal, containment or remediation.
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10.3.3 If the Owner’s investigation confirms the presence of Hazardous Materials which present a risk of
injury or damage which will not be adequately protected against by the Contractor’s reasonable
precautions, then the Work in the affected area must not thereafter be resumed except at the written
direction of the Owner. The Work in the affected area will be resumed promptly (i) in the absence
of a finding of Hazardous Material by the Owner, (ii) upon the removal, containment or remediation
of the Hazardous Materials, or (iii) upon the establishment of appropriate safety precautions.
10.3.4 The Contractor may request a change in the Contract Sum or Contract Time if the Contractor incurs
additional costs on account of or is delayed by the Owner’s work to remove, contain or remediate
Hazardous Materials which has not been rendered harmless at the Site unless the Contractor is
responsible for same under the Contract. Any such requested change in the Contract Sum or
Contract Time must be made in writing within ten (10) days of discovery of any Hazardous
Materials, which has not been rendered harmless giving rise to the request for the change and
must fully comply with Articles 7, 8, and 15 or any claim will be deemed conclusively waived by the
Contractor.
10.3.5 The Owner shall not be responsible under this Section 10.3 for materials or substances the
Contractor brings to the Site unless such materials or substances are required by the Contract
Documents. The Owner shall be responsible for materials or substances required by the Contract
Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of
such materials or substances.
10.3.6 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the Owner 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 other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created
by Contractor or by anyone for whom Contractor is responsible, except to the extent such claims
are due to the Owner’s fault or negligence.
10.3 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor must take all necessary action, without
the necessity for any special instruction or authorization from the Owner, to prevent threatened damage, injury
or loss. The Contractor must promptly, but in all events within twenty-four (24) hours of the emergency, report
such action in writing to the Owner. If the Contractor incurs additional costs on account of or is delayed by
such emergency, the Contractor may request a change in the Contract Sum or Contract Time to account for
such additional costs or delay in accordance with Articles 7, 8 and 15. The Contractor must file any such
request within ten (10) days of the emergency or it is deemed waived. Any adjustment in the Contract Sum
or Contract Time shall be limited to the extent that the emergency work is not attributable to the fault or neglect
of the Contractor or otherwise the responsibility of the Contractor under the Contract Documents.
10.4. UTILITIES
10.4.1. Underground Utilities: Buried utilities, including, but not limited to, electricity, gas, water,
telephone, sewer, broadband coaxial computer cable,and fiber optic cables are very vulnerable and
damage could result in loss of service.
10.4.2. "One Call” must be notified by phone and in writing at least 72 hours (3 business days) prior to
digging to arrange and assist in the location of buried utilities in the field. (Dial 811). The Contractor
shall mark the boundary of the work area. The boundary area shall be indicated with white paint
and white flags. In winter, pink paint and flags will be accepted.
10.4.3. After buried utilities have been located, the Contractor shall be responsible for anyutilities damaged
while digging. Such responsibility shall include all necessary care including hand digging.
Contractor’s responsibility shall also include maintaining markings after initial locate. The area for
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such responsibility, unless otherwise indicated, shall extend 24 inches to either side of the marked
center line of a buried utility line.
10.4.4. The Contractor's responsibility shall include repair or replacement of damaged utilities. The
Contractor will also be responsible for all costs associated with reterminations and recertification.
10.4.5. Any buried utilities exposed by the operations of the Contractor shall be marked on the plans
and adequately protected by the Contractor. If any buried utilities not located are exposed, the
Contractor shall immediately contact the Owner. If, after exposing an unlocated buried utility, the
Contractor continues digging without notifying Owner and further damages the utility, the
Contractor will be fully and solely responsible.
10.4.6. Damage to irrigation systems during seasons of no irrigation that are not immediately and
adequately repaired and tested will require the Contractor to return when the system is in service
to complete the repair.
11. ARTICLE 11 - INSURANCE AND BONDS
11.1. CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall carry and maintain, as part of the Contract Sum, the following insurance
coverage insuring the Owner and Project while under construction and all material and supplies
purchased in connection with the construction of the Project against all risks and losses.
Contractor shall give Owner immediate notice of any material reduction, cancellation, termination
or non-renewal of the insurance required by this Section 11.1. Any company writing this
insurance shall at all times be licensed and qualified to do business in the State of Montana.
Contractor’s insurance shall be primary and non-contributory. Such insurance shall include:
11.1.1.1 Commercial General Liability with a minimum limit of liability of Ten Million Dollars
($10,000,000), for bodily injury and property damage coverage per occurrence including
the following coverages: Contractual Liability; Premises and Operations; Independent
Contractors; Personal Injury; Products and Completed Operations; and explosion,
collapse and underground event. The policy must name the City of Bozeman as
additional insureds.
11.1.1.2 Automobile Liability Insurance of not less than Two Million Dollars ($2,000,000)
combined single limit per occurrence to include coverage for owned, non-owned, hired
motor vehicles, and automobile contractual liability. Coverage for
underinsured/uninsured motorists shall be for not less than One Million Dollars
($1,000,000). The policy must name Gallatin County and the City of Bozeman as
additional insureds.
11.1.1.3 Worker’s Compensation/Employer’s Liability meeting all statutory requirements of the
State of Montana and with the following minimum Employers’ Liability limits: bodily injury
by accident –One Million Dollars ($1,000,000)each accident; bodily injury by disease –
One Million Dollars ($1,000,000)policy limits; and bodily injury by disease –One
Million Dollars ($1,000,000)each employee.
Contractor shall not commence work under this Agreement until such insurance has been
obtained and certificates of insurance, with binders, or certified copies of the insurance policy
including additional insureds endorsement shall have been filed with the Owner.
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The insurance requirements of this Section 11.1 shall also apply in full to all Subcontractors hired
to perform the Work, provided Contractor and Owner may mutually agree in writing to different
coverage limits for Subcontractor(s).
11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability
specified in the Contract Documents or required by law, whichever coverage is greater.
Coverages, whether written on an occurrence or claims-made basis, shall be maintained without
interruption from the date of commencement of the Work until two years after the date of
Substantial Completion, and, with respect to the Contractor’s completed operations coverage,
until the expiration of the period for correction of Work or for such other period for maintenance of
completed operations coverage as specified in the Contract Documents.
11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the Work and thereafter upon renewal or replacement of each required policy
of insurance and upon request by Owner. An additional certificate evidencing continuation of
liability coverage, including coverage for completed operations, shall be submitted with the final
Application for Payment as required by Section 9.10.2 and thereafter upon renewal or
replacement of such coverage until the expiration of the time required by Section 11.1.2.
Information concerning reduction of coverage on account of revised limits or claims paid under
the General Aggregate, or both, shall be furnished by the Contractor within seven (7) days unless
an alternative period is agreed to by the parties.
11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents
to include the City of Bozeman as additional insured for claims caused in whole or in part by the
Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the City of
Bozeman as additional insured for claims caused in whole or in part by the Contractor’s negligent
acts or omissions during the Contractor’s completed operations.
11.2 OWNER’S LIABILITY INSURANCE
The City shall maintain coverage for its risks through the Montana Municipal Interlocal Authority.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or
companies lawfully authorized to do business in Montana, property insurance written on a
builder’s risk “all-risk” policy form in the amount of the initial Contract Sum, plus value of
subsequent Contract Modifications and cost of materials supplied or installed by others,
comprising total value for the entire Project at the site on a replacement cost basis without
optional deductibles. Such property insurance shall be maintained, unless otherwise provided in
the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or
until no person or entity other than the Owner has an insurable interest in the property required by
this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the
Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.
11.3.1.1 Property insurance shall be on an “all-risk” policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss
or damage including, without duplication of coverage, theft, vandalism, malicious
mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup,
temporary buildings and debris removal including demolition occasioned by enforcement
of any applicable legal requirements, and shall cover reasonable compensation for
Contractor’s services and expenses required as a result of such insured loss. The
Parties may mutually agree in writing to separate limits for insurance covering the risk of
flood and/or earthquake.
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11.3.1.2 If the property insurance requires deductibles, the Owner shall pay costs not covered
because of such deductibles. The Owner waives all rights of action against the
Contractor for loss of use of the Owner’s property, including consequential losses due to
fire or other hazards however caused.
11.3.1.3 This property insurance shall cover portions of the Work stored off the site, and also
portions of the Work in transit.
11.3.1.4 Partial occupancy or use in accordance with Section 9.9 shall not commence until the
insurance company or companies providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The Owner and the Contractor
shall take reasonable steps to obtain consent of the insurance company or companies
and shall, without mutual written consent, take no action with respect to partial occupancy
or use that would cause cancellation, lapse or reduction of insurance.
11.3.2 BOILER AND MACHINERY INSURANCE
The Contractor shall purchase and maintain boiler and machinery insurance required by the
Contract Documents or by law, which shall specifically cover such insured objects during
installation and until final acceptance by the Owner; this insurance shall include interests of the
Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and
Contractor shall be named insureds.
11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may maintain such insurance as will insure the Owner against
loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner
waives all rights of action against the Contractor for loss of use of the Owner’s property, including
consequential losses due to fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or
other special causes of loss be included in the property insurance policy, the cost thereof shall be
charged to the Contractor by appropriate Change Order.
11.3.5 If Asbestos Abatement is identified as part of the Work under this contract, the Contractor or
any subcontractor involved in asbestos abatement shall purchase and maintain Asbestos
Liability Insurance for coverage of bodily injury, sickness, disease, death, damages, claims, errors
or omissions regarding the asbestosportionof the work inaddition to the CGL Insurancebyreason
of any negligence in part or in whole, error or omission committed or alleged to have been
committed by the Contractor or anyone for whom the Contractor is legally liable. Such insurance
shall be in “per occurrence” form and shall clearly state on the certificate that asbestos work is
included in the following limits:
$1,000,000 per occurrence; aggregate limit of $2,000,000.
Asbestos Liability Insurance as carried by the asbestos abatement subcontractor in these limits in
lieu of the Contractor’s coverage is acceptable provided the Contractor and the City of Bozeman
are named as additional insureds and that the abatement subcontractor’s insurance is PRIMARY
as respects both the Owner and the Contractor. If the Contractor or any other subcontractor
encounters asbestos, all operations shall be suspended until abatement with the associated
air monitoring clearances are accomplished. The certificate of coverage shall be provided by
the asbestos abatement subcontractor to both the Contractor and the Owner.
11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each
policy that includes insurance coverages required by this Section 11.3. Each policy shall contain
all generally applicable conditions, definitions, exclusions and endorsements related to this
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Project. Each policy shall contain a provision that the policy will not be canceled or allowed to
expire, and that its limits will not be reduced, until at least thirty (30) days’ prior written notice has
been given to the Owner.
11.3.7 A loss insured under the Contractor’s property insurance shall be adjusted by the Contractor and
made payable to the Contractor, subject to requirements of any applicable mortgagee clause.
The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the
Contractor, and by appropriate agreements, written where legally required for validity, shall
require Subcontractors to make payments to their Sub-subcontractors in similar manner.
11.4 PERFORMANCE BOND AND LABOR & MATERIAL PAYMENT BOND (BOTH ARE REQUIRED
ON THIS PROJECT)
11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond meeting
all statutory requirements of the State of Montana, in form and substances satisfactory to the Owner
and, without limitation, complying with the following specific requirements:
11.4.1.1 Except as otherwise required by statute, the form and substance of such bond(s) shall be
satisfactory to the Owner in the Owner’s sole judgment.
11.4.1.2 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, and until all of the Contractor’s
obligations to the Owner are fulfilled.
11.4.1.3 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 Sum.
11.4.1.4 The Contractor 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 power of attorney
indicating the monetary limit of such power.
11.4.1.5 Every Bond under this Paragraph 11.4.1 must display the Surety’s Bond Number. A rider
including the following provision shall be attached to each Bond: (1)Surety agrees
that it is obligated under the bond(s) to any successor, grantee or assignee of the Owner.
11.4.1.6 The City of Bozeman shall be named as obligee on the bonds.
The Contractor shall deliver the required bonds to the Owner not later than three (3) days
following the date the Guaranteed Maximum Price Amendment is executed and prior to the
commencement of the Construction Phase. Premiums for all bonds shall be part of the Contract
Sum.
11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract, the Contractor shall promptly furnish
a copy of the bonds or shall authorize a copy to be furnished.
11.4.3 The Contractor shall keep the surety informed of the progress of the Work, and, where
necessary, obtain the surety’s consent to, or waiver of: (a) notice of changes in the Work; (b)
request for reduction or release of retention; (c) request for final payment; and (d) any other
material required by the surety. The Owner may, in the Owner’s sole discretion, inform surety of
the progress of the Work and obtain consents as necessary to protect the Owner’s rights,
interest, privileges and benefits under and pursuant to any bond issued in connection with the
Work.
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12 ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK
12.1. UNCOVERING OF WORK
12.1.1. If a portion of the Work is covered contrary to the Owner's request or to requirements
specifically expressed in the Contract Documents, it must, if required in writing by the Owner, be
uncovered for the Owner's examination and be replaced at the Contractor's expense without
change in the Contract Time.
12.1.2. If a portion of the Work has been covered which the Owner has not specifically requested to
examine prior to it being covered, the Owner may request to see such Work and it shall be
uncovered by the Contractor. If such Work is in accordance with the Contract Documents,
costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's
expense. If such Work is not in accordance with the Contract Documents, correction shall be at the
Contractor's expense unless the condition was caused by the Owner or a separate contractor in
which event the Owner shall be responsible for payment of such costs.
12.2. CORRECTION OF WORK
12.2.1. BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.2.1.1.The Contractor shall promptly correct Work that fails to conform to the requirements of
the Contract Documents or that is rejected by the Owner, whether discovered before or
after Substantial Completion and whether or not fabricated, installed or completed. Costs
of correcting such rejected Work, including additional testing and inspections and
compensation for the Owner’s expenses made necessary thereby, shall be at the
Contractor's expense. The Contractor is responsible to discover and correct all defective
work and shall not rely upon the Owner’s observations.
12.2.1.2.Rejection and Correction of Work in Progress. During the course of the Work, the
Contractor shall inspect and promptly reject any Work that:
12.2.1.2.1. does not conform to the Construction Documents; or,
12.2.1.2.2. does not comply with any applicable law, statute, building code, rule or regulation of
any governmental, public and quasi-public authorities, and agencies having
jurisdiction over the Project.
12.2.1.3.The Contractor shall promptly correct or require the correction of all rejected Work,
whether observed before or after Substantial Completion. The Contractor shall bear
all costs of correcting such Work, including additional testing, inspections, and
compensation for all services and expenses necessitated by such corrective action.
12.2.2.AFTER SUBSTANTIAL COMPLETION AND AFTER FINAL ACCEPTANCE
12.2.2.1.In addition to the Contractor's obligations under Paragraph 3.5, if, within two years after the
date of Final Acceptance of the Work or designated portion thereof or after the date for
commencement of warranties, or by terms of an applicable special warranty required by
the Contract Documents, any of the Work is found to be not in accordance with the
requirements oftheContractDocuments,theContractorshallcorrectitpromptlyafterreceipt
of written notice from the Owner to do so unless the Owner has previously given the
Contractor a written acceptance of such condition The Owner shall give such notice
promptly after discovery of the condition. During the two-year period for correction of
Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity
to make the correction, the Owner waives the rights to require correction by the Contractor
and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming
Work within a reasonable time during that period after receipt of notice from the Owner,
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the Owner may correct it in accordance with Paragraph 2.3.
12.2.2.1.1. The Contractor shall remedy any and all deficiencies due to faulty materials or
workmanship and pay for any damage to other work resulting there from, which shall
appear within the period of Substantial Completion through two (2) years from the
date of Final Acceptance in accordance with the terms and conditions of the Contract
and with any special guarantees or warranties provided in the Contract Documents.
The Owner shall give notice of observed deficiencies with within seven (7) days unless
an alternative period is agreed to by the parties. All manufacturer, product and supplier
warranties are in addition to this Contractor warranty.
12.2.2.1.2. The Contractor shall respond within seven (7) days after notice of observed
deficiencies has been given and he shall proceed to immediately remedy these
deficiencies.
12.2.2.1.3. Should the Contractor fail to respond to the notice or not remedy those
deficiencies; the Owner shall have this work corrected at the expense of the
Contractor.
12.2.2.1.4. Latent defects shall be in addition to those identified above and shall be the
responsibility of the Contractor per the statute of limitations for a written contract (27- 2-
208 MCA) starting from the date of Final Acceptance.
12.2.2.2.The two-year period for correction of Work shall be extended with respect to portions of
Work first performed after Substantial Completion by the period of time between
Substantial Completion and the actual performance of the Work.
12.2.2.3.The two-year period for correction of Work shall not be extended by corrective Work
performed by the Contractor pursuant to this Paragraph 12.2.
12.2.3. The Contractor shall remove from the site portions of the Work which are not in accordance with
the requirements of the Contract Documents and are neither corrected by the Contractor nor
accepted by the Owner.
12.2.4. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the Owner or separate contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of the
Contract Documents.
12.2.5. Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with
respect to other obligations which the Contractor might have under the Contract Documents.
Establishment of the two-year period for correction of Work as described in Subparagraph 12.2.2
relatesonlytothespecific obligation of the Contractor to correct the Work, and has no relationship
to the time within which the obligation to comply with the Contract Documents may be sought to
be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor's liability with respect to the Contractor's obligations other than specifically to correct the
Work.
12.3. ACCEPTANCE OF NONCONFORMING WORK
12.3.1. If the Owner prefers to accept Work which is not in accordance with the requirements of the
Contract Documents, the Owner may do so instead of requiring its removal and correction, in
which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall
be effected whether or not final payment has been made.
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13. ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1. GOVERNING LAW
13.1.1. The Contract shall be governed by the laws of the State of Montana and venue for all legal
proceedings shall be the Eighteenth Judicial District, Gallatin County.
13.2. SUCCESSORS AND ASSIGNS
13.2.1. The Owner and Contractor respectively bind themselves, their partners, successors, assigns and
legal representatives to the other party hereto and to partners, successors, assigns and legal
representatives of such other party in respect to covenants, agreements and obligations
contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a
whole without written consent of the other. If either party attempt to make such assignment
without such consent, that party shall nevertheless remain legally responsible for all obligations
under the Contract.
13.3. WRITTEN NOTICE
13.3.1. Written notices are to be provided to the representatives of the parties designated in this Contract.
Written notices are deemed to have been duly served if delivered in person to the addressee for
whom it was intended, or if delivered by electronic mail, fax, certified mail, or overnight courier. The
date of any notice is deemed to be the date of personal delivery, fax, or electronic mail; one day
after delivery to the overnight courier; and three (3) days after mailing by certified mail.
13.4. RIGHTS AND REMEDIES
13.4.1. Duties and obligations imposed by the Contract Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies
otherwise imposed or available by law.
13.4.2. No action or failure to act by the Owner or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or
acquiescence in a breach thereunder, except as may be specifically agreed in writing.
13.5. TESTS AND INSPECTIONS
13.5.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by
laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be
made at an appropriate time. Unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections and approvals with an independent testing laboratory or
entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related
costs of tests, inspections and approvals. The Contractor shall give the Owner timely notice of
when and where tests and inspections are to be made so that the Owner may be present for such
procedures. The Owner shall bear costs of tests, inspections or approvals which do not become
requirements until after bids are received or negotiations concluded.
13.5.2. If the Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Subparagraph 13.5.1, the Owner
will instruct the Contractor to make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to
the Owner of when and where tests and inspections are to be made so that the Owner may be
present for such procedures. Such costs, except as provided in Subparagraph 13.5.3 shall be at
the Owner's expense.
13.5.3. If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2
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reveal failure of the portions of the Work to comply with requirements established by the Contract
Documents, all costs made necessary by such failure including those of repeated procedures and
compensation for the Owner’s expenses shall be at the Contractor's expense.
13.5.4. Required certificates of testing, inspection or approval shall, unless otherwise required by the
Contract Documents, be secured by the Contractor and promptly delivered to the Owner.
13.5.5. If the Owner is to observe tests, inspections or approvals required by the Contract Documents,
the Owner will do so promptly and, where practicable, at the normal place of testing.
13.5.6. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to
avoid unreasonable delay in the Work.
13.6. INTEREST
13.6.1. Payments due and unpaid under the Contract Documents shall bear interest from the date
payment is due at such rate as the parties may agree upon in writing or, in the absence thereof,
at the legal rate prevailing from time to time at the place where the Project is located.
13.7. COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1. As between the Owner and Contractor:
13.7.1.1.Before Substantial Completion.As to acts or failures to act occurring prior to the
relevant date of Substantial Completion, any applicable statute of limitations shall
commence to run and any alleged cause of action shall be deemed to have accrued in
any and all events not later than such date of Substantial Completion;
13.7.1.2.Between Substantial Completion and Owner’s Approval of Contractor’s Final
Application for Payment.As to acts or failures toact occurringsubsequenttothe relevant
date of Substantial Completion and prior to Owner’s approval of the Contractor’s final
Application for Payment, any applicable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have accrued in any and all events not
later than the date of Owner’s approval of the final Application for Payment; and,
13.7.1.3.After Final Payment.As to acts or failures to act occurring after the relevant date of
Owner’s approval of the Contractor’s final Application for Payment, any applicable statute
of limitations shall commence to run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the date of any act or failure to act by
the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any
correction of the Work or failure to correct the Work by the Contractor under Paragraph
12.2, or the date of actual commission of any other act or failure to perform any duty or
obligation by the Contractor or Owner, whichever occurs last.
13.8. DOCUMENT RETENTION AND AUDIT PROVISIONS
13.8.1. Contractor shall account for all materials, equipment and labor entering into the Work and must
keep such full and detailed records as may be necessary for proper financial management pursuant
to the Contract Documents for a period of five (5) years after final payment. Furthermore, the Owner
has the right to examine the Contractor’s and its Subcontractors’ and suppliers’ records directly or
indirectly pertaining or relating to the Work or the Contract and the Contractor must grant the Owner
access to and an opportunity to copy such records at all reasonable times during the Contract
period and for five (5) years after final payment.
14. ARTICLE 14 – TERMINATION OR SUSPENSION OF THE CONTRACT
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14.1. TERMINATION BY THE CONTRACTOR
14.1.1. The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30)
consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-
subcontractor or their agents or employees or any other persons or entities performing portions
of the Work under direct or indirect contract with the Contractor, for any of the following reasons:
14.1.1.1.issuance of an order of a court or other public authority having jurisdiction which
requires all Work to be stopped; or,
14.1.1.2.an act of government, such as a declaration of national emergency which requires all
Work to be stopped.
14.1.2. The Contractor may terminate the Contract if, through no act or fault of the Contractor or a
Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, repeated
suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph
1.4.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for
completion, or 120 days in any 365-day period, whichever is less.
14.1.3. If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon
seven (7) days' written notice to the Owner, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect to materials, equipment, tools, and
construction equipment and machinery, including reasonable overhead and profit but not damages.
14.1.4. If the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the
Contractor or a Subcontractor or their agents or employees or any other persons performing
portions of the Work under contract with the Contractor because the Owner has persistently failed
to fulfill the Owner's obligations under the Contract Documents with respect to matters important
to the progress of the Work, the Contractor may, upon seven (7) additional days' written notice
to the Owner, terminate the Contract and recover from the Owner as provided in Subparagraph
14.1.3.
14.2. TERMINATION BY THE OWNER FOR CAUSE
14.2.1. The Owner may terminate the Contract if the Contractor:
14.2.1.1.repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
14.2.1.2.fails tomake paymentto Subcontractorsfor materialsor laborin accordance withthe
respective agreements between the Contractor and the Subcontractors;
14.2.1.3.fails to comply with any laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
14.2.1.4.Fails to perform the Work in accordance with the Contract Documents or otherwise
materially breaches any provision of the Contract Documents;
14.2.1.5.Anticipatorily breaches or repudiates the Contract; or
14.2.1.6.Fails to make satisfactory progress in the prosecution of the Work required by the
Contract.
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14.2.2. The Owner may terminate the Contract, in whole or in part, whenever the Owner determines in
good faith that sufficient cause for termination exist as provided in Subsection 14.2.1. The Owner
will provide the Contractor with a written ten (10) day notice to cure the default. If the default is not
cured, the termination for default is effective on the date specified in the Owner’s written notice.
However, if the Owner determinates that default contributes to the curtailment of an essential
service or poses an immediate threat to life, health, or property, the Owner may terminate the
Contract immediately upon issuing oral or written notice to the Contractor without any prior notice
or opportunity to cure. In addition to any other remedies provided by law or the Contract, the
Contractor must compensate the Owner for additional costs actually incurred by the Owner to
obtain substitute performance. Following written notice for the Owner of termination, the Owner
may, subject to any prior rights of the surety:
14.2.2.1.take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
14.2.2.2.accept assignment of subcontracts pursuant to Paragraph 5.4; and,
14.2.2.3.finish the Work by whatever reasonable method the Owner may deem expedient. Upon
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting
of the costs incurred by the Owner in finishing the Work.
14.2.3. Upon receipt of written notice from the Owner of termination, the Contractor must:
14.2.3.1 Cease operations as directed by the Owner in the notice and, if required by the Owner,
reasonably cooperate in an inspection of the Work with the Owner to record the extent of
completion thereof, to identify the Work remaining to be completed or corrected;
14.2.3.2 Complete or correct the items directed by the Owner, and take actions necessary, or that
the Owner may direct, for the protection and preservation of any stored materials and
completed Work;
14.2.3.3 Remove its tools, equipment and construction machinery from the Site; and
14.2.3.4 Except as directed by the Owner, terminate all existing subcontracts and purchase orders
and enter into no further subcontracts or purchase orders.
14.2.4. When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,
the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.5. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Owner’s expenses made necessary thereby, and other damages incurred by
the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs
and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.
This obligation for payment shall survive termination of the Contract.
14.2.6. If the Contractor files for protection, or a petition is filed against it, under the Bankruptcy laws, and
Contractor wishes to affirm the Contract, Contractor shall immediately file with the Bankruptcy Court
a motion to affirm the Contract and shall provide satisfactory evidence to Owner and to the Court
of its ability to cure all present defaults and its ability to timely and successfully complete the Work.
If Contractor does not make such an immediate filing, Contractor accepts that Owner shall petition
the Bankruptcy Court to lift the Automatic Stay and permit Owner to terminate the Contract.
14.3. SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the
Work in whole or in part for such period of time as the Owner may determine.
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14.3.2. The Contract Sum and Contract Time shall be equitably adjusted for increases in the cost and
time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment
of the Contract Sum shall include profit. No adjustment shall be made to the extent:
14.3.2.1.that performance is, was or would have been so suspended, delayed or interrupted by
another cause for which the Contractor is responsible; or,
14.3.2.2.that an equitable adjustment is made or denied under another provision of the Contract.
14.4. TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1. The Owner may, at any time, terminate the Contract or any portion thereof or of the Work for the
Owner's convenience and without cause.
14.4.2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience,
the Contractor shall:
14.4.2.1.cease operations as directed by the Owner in the notice and, if required by the Owner,
participate in an inspection of the Work with the Owner to record the extent of completion
thereof, to identify the Work remaining to be completed or corrected;
14.4.2.2.Complete or correct the items directed by the Owner, and take actions necessary, or that
the Owner may direct, for the protection and preservation of the Work;
14.4.2.3.Remove its tools, equipment and construction machinery from the Site; and
14.4.2.4.Except for Work directed to be performed prior to the effective date of termination stated in
the notice, terminate all existing subcontracts and purchase orders and enter into no
further subcontracts and purchase orders.
14.4.3 Following written notice from the Owner of termination, the Owner may:
14.4.3.1 Take possession of the Site and of all materials for which the Owner has paid;
14.4.3.2 Accept assignment of subcontracts and purchase orders; and
14.4.3.3 Complete the Work by whatever reasonable method the Owner may deem expedient.
14.4.4. In case of such termination for the Owner's convenience, the Contractor shall be entitled to
compensation only for the following items:
14.4.4.1 Payment for acceptable Work performed up to the date of termination, including
Contractor’s fee;
14.4.4.2 The costs of preservation and protection of the Work if requested to do so by the Owner;
14.4.4.3 The cost of terminating the following contracts including:
(i.)Purchased materials but only if not returnable and provided to the Owner, or the
restocking or return charge, if any, if returnable at the Owner’s written election;
(ii.)Equipment rental contracts if not terminable at no cost but not to exceed an amount
equal to thirty (30) days rental;
14.4.4.4 Documented transportation costs associated with removing Contractor-owned equipment;
and
14.4.4.5 Documented demobilization and close-out costs.
The Contractor will not be compensated for the cost of terminating subcontracts, which must be
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Page 57 of 57General Conditions of the Construction Contract –Fire Station #2 Relocation
terminable at no cost to the Owner if the Contract is terminated, except for those costs listed in Section
14.4.4.1 through 14.4.4.5. If the Owner and the Contractor are unable to agree upon the amounts
specified in this subsection, the Contractor may submit a Claim as provided in Section 4.3. The Claim
must be limited to resolution of the amounts specified in Subsections 14.4.4.1, 14.4.4.2, 14.4.4.3,
14.4.4.4, and 14.4.4.5 of this Subsection 14.4.4. No other cost, damages or expenses may be claimed
or paid to the Contractor or considered as part of the Claim, the same being hereby conclusively and
irrevocably waived by the Contractor. Any such Claim must be delivered to the Owner within thirty (30)
days of the termination of the Contract and must contain a written statement setting forth the specific
reasons and supporting calculations and documentation as to the amounts the Contractor claims to be
entitled to under this Subsection as a result of the termination of the Contract.
14.4.5. The Contractor’s obligations surviving final payment under the Contract, including without limitation
those with respect to insurance, indemnification, and correction of Work that has been completed
at the time of termination, remains effective notwithstanding termination for convenience of the
Owner.
14.4.6. In the event of termination or cancellation of any or all pre-construction services and/or decision
not pursue a GMP Amendment/Contract, the Contractor shall not be due any costs, or overhead, or
profit on any portion of the Work, but shall be paid for the completed portion of Pre-Construction
Phase Services documented by Contractor.
15. ARTICLE 15 – EQUAL OPPORTUNITY
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of
merit and qualifications. The Contractor shall have a policy to provide equal employment opportunity in accordance
with all applicable state and federal anti-discrimination laws, regulations, and contracts. The City of Bozeman
requires that Contractor shall 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 Contractor shall require these nondiscrimination terms of its
Subcontractors.
[END OF GENERAL CONDITIONS]
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NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring
and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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Page 1 of 19
REQUEST FOR QUALIFICATIONS (RFQ) AND PROPOSALS (RFP)
FIRE STATION #2 RELOCATION
GENERAL CONTRACTOR / CONSTRUCTION MANAGER SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
December 2021
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Page 2 of 19
NOTICE IS HEREBY given that the City of Bozeman (City), is seeking a request for qualifications and a
request for proposals (hereafter collectively referred to as “proposals” or “responses”) from firms
qualified to provide General Contractor and Construction Manager services for the construction of Fire
Station #2 (“Project”) near the intersection of 7th & Kagy.
Copies of the request for qualifications and request for proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an
email attachment to the RFQ-RFP recipient email address below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject
line of the transmittal email shall clearly identify the RFQ-RFP title, company name and due date/time.
File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement
of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed,
and that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFQs via email to the City Clerk by January 7, 2022 at 3:00 p.m. MST. It is the sole responsibility of
the proposing party to ensure that proposals are received prior to the closing time as late submittals will
not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ-RFP 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.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing 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 and which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ-
RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
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Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, agenda@bozeman.net.
Questions relating to the RFQ-RFP should be directed to: Jon Henderson, Strategic Services Director, (406)
582-2250, jon.henderson@bozeman.net
DATED at Bozeman, Montana, this December 15, 2021
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, December 19
Sunday, January 2
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I. INTRODUCTION
The City of Bozeman (Owner), is seeking qualifications and proposals from General
Contractor/Construction Manager (GC/CM) firms to undertake preconstruction and construction
services for the construction of Fire Station #2 near the intersection of 7th & Kagy.
The Owner intends to enter into a GC/CM contract with the selected GC/CM firm that will include
preconstruction services and identification of a GC/CM fee and fixed costs for general conditions
work, with provisions for adding construction services through acceptance of a guaranteed
maximum price (GMP). The GMP would include construction services through completion of the
Project. Alternatively, Owner may, at its sole discretion, choose not to continue the GC/CM
contract beyond the completion of preconstruction activities and solicit bids from qualified
contractors for the construction of the Project.
Information on GC/CMs will be obtained from the responses to this solicitation, interviews, and
discussions with former and present clients of Respondents. When selected, the CG/CM will
function as part of a team composed of the Owner, and others as determined by the Owner.
This RFQ-RFP shall not commit the Owner to enter into an agreement, to pay any expenses
incurred in preparation of any response to this request, or to procure or contract for any supplies,
goods or services. The Owner reserves the right to accept or reject all responses received as a
result of this RFQ-RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFQ-RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION
On November 2, 2021, the citizens of Bozeman approved a bond to relocate Fire Station #2 to
property owned by Montana State University near the intersection of 7th & Kagy. The resulting
facility will be constructed to a standard designed to support emergency services. The current floorplan includes roughly 14,500 square feet of new construction, housing 12-18 staff, and several apparatus including a ladder truck, a reserve fire engine, a quick response vehicle, and an ambulance. The attached site plan, renderings, and schematic design drawing depict high level concepts to be included in the scope of work (Attachment C).
On July 13, 2021 the City of Bozeman approved a contract with ThinkOne to complete final design
and will serve as the lead Architect for the duration of the project. The Owner is ready to hire a
General Contractor/Construction Manager as the next step to informing and collaborating in the
construction process. Upon successful bid, construction duration is estimated to span at least
eight months.
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The GC/CM will help identify the best path forward with regard to pre-construction and
construction services to achieve the intended goal over multiple phases, if necessary. It will be
critical that the selected firm demonstrate a commitment to controlling costs throughout the
project given the current volatility in the local construction market.
The Project will be under intense scrutiny by public officials, the media, and the citizens. It is
imperative that it be managed and constructed with the utmost regard to cost, schedule, and
quality control by all participants. The integrity, reputation, skills and performance of the GC/CM
must be of the highest caliber to maintain confidence in the Project.
III. SCOPE OF PRECONSTRUCTION SERVICES
Preconstruction services will be provided on a cost reimbursement basis up to a stated maximum.
The specific scope of preconstruction services will be negotiated prior to signing the GC/CM
contract. In general, preconstruction services are anticipated to include the following:
1. Participation in all coordination and building committee meetings;
2. Review of design for constructability;
3. Work with the Owner on phasing, scheduling, and other strategies to complete
construction of the Project;
4. Coordination and gathering of input from subcontractors regarding constructability;
5. Review and cost evaluation at each phase taking into consideration schedule, phasing
and market conditions;
6. Consult with, advise, assist, and provide recommendations to the Owner on all aspects
of the planning and design of the work;
7. Provide information, estimates, schemes, and participate in decisions regarding
construction materials, methods, systems, phasing, sustainability and costs to assist in
determinations which are aimed at providing the highest quality building, constructed
using the most sustainable construction materials and practices, within the budget and
schedule;
8. Provide input and advice regarding scope and cost of the Project;
9. Review construction documents and provide input and advice on construction feasibility,
alternative materials, costs and availability;
10. Review construction documents prior to subcontractor/supplier bidding/selection and
suggest modifications to improve completeness and clarity and to eliminate construction
change requests due to inconsistencies or omissions in the construction documents;
11. Provide input to the Owner regarding construction market bidding climate, status of key
subcontract markets, and other relevant economic conditions;
12. Recommend and actively source labor and material resources necessary to complete the
project construction;
13. Provide input to the Owner regarding long lead time materials and equipment, impact on
the construction schedule and strategies for mitigating the impact;
14. Prepare construction cost estimates for the Project at the design develoment (DD – 50%
pricing set) and construction document (CD) design phases and, if appropriate, at other
times throughout of the work;
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15. Notify the Owner immediately if construction cost estimates appear to be exceeding the
construction budget, and reconcile each cost estimate with the Owner’s cost estimate, if
required;
16. Furnish a final construction cost estimate for the Owner’s review and approval;
17. Develop a preliminary construction schedule;
18. Develop all subcontractor/supplier bid packages and perform all advertising and receipt
of subcontractor/supplier bids;
19. Obtain bids per trade for the Owner’s review, unless otherwise approved by Owner in
order to meet resourcing requirements, per GC/CM Contract. Self-performed work must
be bid against at least two subcontractors, if readily available;
IV. SCOPE OF CONSTRUCTION SERVICES
It is anticipated that the GMP will be requested during the construction documents phase. The
established GMP will be the maximum amount paid for the construction of the Project, unless
scope changes are requested and approved by the Owner. Acceptance of the GMP will constitute
completion of preconstruction services and the Owner and GC/CM agreement to enter into a GMP
Agreement will initiate the construction period services for the Project. At the time of execution
of the GMP Agreement, the GC/CM will be required to submit a 100% performance and a 100%
payment bond for the amount of the GMP. The Owner retains the option to not commence or
cancel the construction phase services, or to start a new process for the construction of the Project,
or terminate the contract and negotiate a replacement contract with the next highest rated
Submitter from this solicitation, or to conclude the GC/CM’s services at pre-construction and issue
the Project on a lowest, responsible bidder method.
The selected GC/CM will be required to comply (as a minimum allowable rate schedule) with the
State of Montana prevailing wage rates adopted and effective at the time of signing the GMP
Agreement.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
As the initial submittal to the Owners, RFQs MUST BE DELIVERED NO LATER THAN 3:00 PM,
MOUNTAIN TIME, January 7, 2022, to the following email address: agenda@bozeman.net.
RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE
CONSIDERED AND SHALL BE REJECTED.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ-RFP MUST BE SUBMITTED IN WRITING
NO SOONER THAN JANUARY 3, 2022, AND NO LATER THAN JANUARY 5, 2022 TO:
Jon Henderson, Strategic Services Director
P.O. Box 1230
316
Bozeman, MT 59771-1230
(406) 582-2250
jon.henderson@bozeman.net
Amendments to Solicitation
Any interpretation or correction of this request will be published on the City’s webpage. The
opportunity for questions related to this document begins on January 3, 2022, with a deadline
for all questions to be submitted by 12:00 PM MST on January 5, 2022.
B. Selection Timeline
Advertising dates: December 19, 2021 and January 2, 2022
Receipt of RFQs: No later than 3:00 p.m. MST January 7, 2022
RFQ Review Complete by Committee: January 11, 2022
Notice of RFP to Qualified Respondents: January 12, 2022
Receipt of RFPs: No later than 3:00 p.m. MST January 21, 2022
RFP Review Complete by Committee: January 27, 2022
Notice of Interviews for Qualified Respondents: January 28, 2022
Interviews: February 1, 2022
Selection: February 2, 2022
Building Committee Meetings: It is the Owner’s intent to involve the GC/CM in the
development of the Project as soon as possible
after selection or successful negotiation of a
contract
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
VI. SELECTION PROCEDURE
A. REQUEST FOR QUALIFICATIONS (RFQ)
The submittal of the RFQ is the first of a two-part selection process for the GC/CM. In
order to qualify for further consideration, respondents must comply with the mandatory
requirements provided in this solicitation. The selection process shall be conducted
pursuant to all applicable Montana law including those criteria set forth in §18-8-204,
MCA, and applicable City policy.
1. Evaluation of RFQs. The selection committee shall consist of the Library
Foundation Director, the Library Director, and the Strategic Services Director.
The selection committee will also include a representative from MSR Design,
but will not contribute to the scoring process. The selection committee will
review conforming RFQ responses using the criteria listed in Section C. RFQ
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responses that do not contain the required documentation will be deemed
nonresponsive to this solicitation and may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment with respect to
opportunity for discussion and revision of responses, and such revisions may be
permitted, after submissions and prior to award for the purpose of obtaining
best and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based on
the criteria herein the selection committee may eliminate one or more or all
Respondents from further review if they do not meet the qualification criteria
specified herein. Any Respondents eliminated by the selection committee, at
any time, or for any reason, shall have no opportunity to make revisions or
participate further in the selection process.
4. Notice and Issuance of RFP. After the elimination of those Respondents which
do not meet qualification criteria the committee will proceed to issue a request
for proposals (RFP) for the specific project.
B. REQUEST FOR PROPOSALS (RFP)
The RFP is the second of a two-part selection process for the GC/CM. Under the RFP part
of the solicitation, the selection procedure is intended to evaluate the capabilities of
interested GC/CM firms to provide services to the Owner for this Project and the prices
which they intend to charge. The selection process shall be conducted pursuant to all
applicable Montana law including those criteria set forth in §18-2-503, MCA and
applicable City policy. The GC/CM will be selected based on the overall merit of its
proposal, including relevant prices and fees, information contained in proposals,
references, interviews, and information obtained from any other reliable source.
1. Evaluation of RFPs. The same selection committee will be used as for the
evaluation of the RFQ’s. The selection committee will review conforming
proposals using the selection criteria listed in Section D. Proposals that do not
contain the required documentation will be deemed nonresponsive to this RFP
and may be rejected. After evaluating all conforming proposals based on the
criteria herein the selection committee may eliminate or rank one or more or
all Respondents from further review. Any Respondents eliminated by the
selection committee, at any time, or for any reason, shall have no opportunity
to make revisions or participate further in the selection process.
2. Revisions. Responses will be accorded fair and equal treatment with respect to
opportunity for discussion and revision of responses, and such revisions may
be permitted, after submissions and prior to award for the purpose of obtaining
best and final responses.
3. Interviews. The selection committee may decide to schedule interviews with
qualified respondents. Interviews will be held on February 1, 2022. Each firm
selected for interview will be notified of the specific time for their interview. A
virtual environment may be considered in lieu of an in person meeting.
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Interview questions will be provided in advance and scored by the selection
committee. The format of the interview will be left up to the proposing firm;
however, interviews will be 45 minutes inclusive of questions from the
selection committee, with 15 minutes between interviews for transitions and
set up between Respondents.
4. Selection and Final Recommendation. The selection committee will tally the
scores for both the RFQ and the RFP in addition to interviews, if conducted, to
arrive at the necessary ranking. At that time contract negotiations will take
place between the City and successful Respondent. The City may negotiate a
contract with the next highest ranked Respondent if a contract cannot be
made.
C. RFQ – FORM AND CONTENTS
Submit one (1) original digital copy in a single, searchable PDF document file to the
following email address: agenda@bozeman.net, prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF document not to
exceed 20 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
ii. Firm Information:
a. Experience. Respondent must demonstrate successful experience and capacity
to act as a contractor on projects of similar size, type and complexity. Provide
the name and location of each project, the client, and the contact person and
phone number. Describe experience and qualifications of the professional
personnel to be assigned to this project. Describe your recent and current work
for the City of Bozeman, if any.
b. Firm Background. Provide information about the firm, including location.
Describe the firm’s history. Include information identifying the firm’s annual
volume of business, financial/bonding capacities, and speak to the firm’s
stability in the marketplace. Information identifying the firm’s strengths and
weaknesses along with special capabilities that may be appropriate to the
Project will assist in the evaluation.
c. Firm Workload. Provide the status of current and anticipated work within the
firm in terms of time and magnitude for the anticipated Project schedule as it
relates to availability of key personnel and your firm. Describe the firm’s
capability to meet time and project budget requirements.
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d. Claims. At any time in the last ten (10) years has your firm been assessed and
paid liquidated damages after completion of a project under a contract with a
public owner?
e. References. Provide detailed contact information for the Owner for at least five
(5) project undertaken by your firm within the past five years.
iii. Bonding:
a. The GC/CM must be able to provide a Performance and Payment bond(s) in the
amount of the total construction budget including GC/CM fees and GMP.
Include an original letter from a bonding company certifying the bonding
capacity of the Respondent.
D. RFP – FORM AND CONTENTS
Submit one (1) original digital copy in a single, searchable PDF document file to the
following email address: agenda@bozeman.net, prepared as follows:
iv. General Instructions:
a. RFP responses must be signed by an officer or principal of your firm.
b. RFP responses must be contained in a single searchable PDF document not to
exceed 40 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
v. Project Specific Information:
i. Financial Health and Pricing
1. Financial Health. Provide a completed and properly
executed “Contractor’s Qualification Statement” (AIA
A305-1986).
2. General Conditions. Pricing per month as set forth on the
attached Form GC and included in the Proposal.
3. General Contractors Fee. Percentage basis as set forth on the
attached Form CF and included in the Proposal.
4. Preconstruction Fixed Fee. Fixed Fee basis from
commencement of contract to GMP agreement as set forth
on the attached Form PF and included in the Proposal.
ii. Project Team
1. Provide a list of names and define the relationship of
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management individuals that you will commit to this Project.
Include project management, field management,
superintendent(s), estimators, schedulers, etc. how will you
organize your effort for this Project and who would you assign
during:
a. Preconstruction/design
b. Construction
2. For each team member:
a. Describe their responsibility on this Project.
3. Describe their experience and how it is relevant to this Project.
Demonstrate the proposed key personnel’s specific experience
on projects of similar type, size and scope.
4. Indicate the amount of time commitment available to this
Project during the preconstruction and construction phases. Will
they be assigned full time? If not, what portion of their time will
be utilized on this project? What other projects are they assigned
to and for what duration?
5. Identify their length of employment with your firm and, if less
than three years, prior firm(s).
6. Provide references with contact information for each team
member’s last two projects in a similar role.
7. A key personnel clause will be included in the GC/CM contract.
iii. Project Management and Approach
1. Identify the specific methodology your firm will use in the
administration of this Project, in both the preconstruction and
construction phases.
2. Describe your firm’s ability and approach to:
a. Managing costs during construction
i. Describe your cost management philosophies and
techniques
ii. For at least the last three completed GC/CM
projects, provide history of estimates at the
programming stage, each design stage, final GMP,
and final contract amount. Explain any
extenuating circumstances, if necessary.
b. Assist the Owner with:
i. Quality of the project documents
ii. Constructability
iii. Alternative methods and products
iv. Budgets and estimating
c. Safely build a quality building on time and within budget
d. Maintain good relations with the community and
adjacent property owners
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3. Describe your approach to:
a. Cost estimating
i. What methodology do you use?
ii. How do you organize your estimate?
iii. During design, how do you determine the final
cost when not all work is shown?
iv. Do you have in-house estimating staff? If so,
what are their other responsibilities? How much
of their time is spent in cost estimating?
b. Subcontractors
i. How do you ensure that this Project will get
appropriate response from the subcontracting
community?
ii. How much do you use subcontractors for cost
information during the preconstruction phase?
iii. When would you involve subcontractors in this
Project? Which ones?
iv. How do you address subcontract bids that are
different than the cost estimate?
c. Value engineering
d. Budget reductions
e. Planning and scheduling the construction work
i. Do you use critical path scheduling methods?
ii. How do you manage and schedule the
procurement and the submittals process and its
impact on field activities?
iii. How do you track progress against the schedule
during construction?
iv. Do you use computer software to develop the
schedule? If so, what kind?
v. Provide examples of the last schedule from two
recently completed projects
f. Project communication
E. EVALUATION CRITERIA
As set forth below in more detail the City will make a decision to award this alternative
project delivery contract with the successful Respondent based on the criteria disclosed
below.
i. Request for Qualifications (RFQ) Evaluation Criteria
1. Respondent’s experience with projects of similar size and design:
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Possible Points: 40
2. Firm’s Qualifications:
Possible Points: 20
3. Capabilities to meet time schedule and project budget requirements.
Possible Points: 20
4. Present and projected workloads:
Possible Points: 10
5. Past projects/experience working with the City of Bozeman:
Possible Points: 5
6. Office(s) location:
Possible Points: 5
ii. Request for Proposals (RFP) Evaluation Criteria
1. Financial Health and Pricing for this Project:
Possible Points: 10 for demonstrated Financial Health
15 for Preconstruction Fee
25 for General Conditions Cost and Contractors Fee %
2. Project Team:
Possible Points: 15
3. Projet Management and Approach:
Possible Points: 25
4. Interview:
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Possible Points: 10
VII. FORM OF AGREEMENT
The final form of the contract documents will be disclosed to Respondents during contract
negotiations.
VIII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON
ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE
CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR
QUALIFICATIONS AT A LATER DATE.
A. This RFQ-RFP may be canceled or any or all responses may be rejected in whole or in part,
as specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFQ-RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all submissions; to add or delete
items and/or quantities; to amend the RFQ-RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFQ-RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by item
or task, or groups of items or tasks, if so provided in the RFQ-RFP and if multiple awards
are determined by the City to be in the public interest.
C. The City reserves the right to reject the submission of any person/firm who previously
failed to perform properly to the satisfaction of the City, or complete on time agreements
of similar nature, or to reject the submission of any person/firm who is not in a position
to perform such an agreement satisfactorily as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and negotiate a
final scope of service and cost, negotiate a contract with another Respondents if an
agreement cannot be reached with the first selected Respondents, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Attachment B for form of construction services agreement). The
324
professional services agreement presented to the Contractor may differ from this form as
appropriate for the scope of services).
F. This RFQ-RFP does not commit the City to award a contract. The City assumes no liability
or responsibility for costs incurred by Respondents in responding to this request for
qualifications or request for interviews, additional data, or other information with respect
to the selection process, prior to the issuance of an agreement, contract or purchase
order. The Respondents, by submitting a response to this RFQ-RFP, waives all right to
protest or seek any legal remedies whatsoever regarding any aspect of this RFQ-RFP.
G. This project is subject to the availability of funds.
IX. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate
form provided, that 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, sexual
preference, gender identity, or disability in fulfillment of a contract entered into for the services
identified herein and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts it enters into in the
fulfillment of the services identified herein. Failure to comply with this requirement shall be
cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
X. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent
of the City shall affect or modify any term of this solicitation. Oral communications or any
written/email communication between any person and City officer, employee or agent shall not
be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall constitute,
create, give rise to or otherwise be recognized as a partnership or formal business organization
of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer, employee,
contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of
the City’s retirement or personnel rules accrue to a respondent, its officers, employees,
contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,
325
bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and premiums
appurtenant thereto concerning its officers, employees, contractors, and consultants. Each
Respondent shall save and hold the City harmless with respect to any and all claims for payment,
compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other benefits and
taxes and premiums in any way related to each respondent’s officers, employees, contractors
and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with
sensory impairments. For further information please contact the ADA Coordinator Mike Gray at
406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation, the
words shall govern. No responsibility shall attach to a City employee for the premature opening
of an SOQ not properly addressed and identified in accordance with these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws of the
State of Montana, without reference to principles of choice or conflicts of laws.
XI. ATTACHMENTS
The following exhibits are incorporated in this RFQ-RFP:
Attachment A: Non-Discrimination and Equal Pay Affirmation
Attachment B: Proposal Forms (PF, CF, GC)
Attachment C: Site Plan, Renderings, and Schematic Floorplan Design
Attachment D: Form of Construction Services Agreement
END OF RFQ
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Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and acknowledges and understands
the eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all
subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read
the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
327
Attachment B PROPOSAL FORMS The following will be attached to the notices which invite Proposals to each qualified Respondent in a form
substantially similar to: FORM PF The Respondent agrees to furnish Preconstruction Services as set forth in this Solicitation for Proposals in the
amount of (Numerical and written) __________________________________________________($_______________________). FORM CF The Respondent agrees to charge the following percentage of the Cost of the Work as set forth in this Solicitation for Proposals in the amount of: (Numerical and written) __________________________________________________(_______________%) for the construction phase of the contract with the City. FORM GC (see attached)
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Form GC
CONSTRUCTION PHASE GENERAL CONDITIONS COSTS
Office Expense: Monthly Amount Lump Sum
CM Field Office. Furniture & Furnishings
Office Supplies
Field Office Equipment & Maintenance
Jobsite Radios/Beepers
Copy Machine & Maintenance
Computers and Fax Usage Software & Maintenance
Field Office Telephone and Long Distance
Office Janitorial
Postage, Messenger and Express Mail
Plans & Specifications (sets per bid pkg)
Scheduling Expenses
Construction Photos & Supplies
Job Travel
Job Meetings & Ceremony Expense
Partnering Sessions
Construction Trade Training Program
Record Drawings Expense
Audit
Records Storage
Public Information Program (Site Signage)
QC/QA Manager (including all fringe and insurance)
Construction Management Labor:
Cost Management Labor (including all fringe and insurance)
Safety Officer Labor (including all fringe and insurance)
General Conditions Labor (including all fringe and insurance)
Monthly Total: /month
Lump Sum Total:
Other not listed above:
TOTAL: /month
329
330
331
332
333
334
335
2
2
3
3
DD
GG
4
4
5
5
20' - 0"60' - 0"49' - 8"
20' - 0"21' - 0" 18' - 0" 21' - 0" 10' - 0" 22' - 0" 17' - 8"
1
1
7
7
9
9
HH
JJ
CC
6
6
8
8
FF
KK10' - 0" 5' - 0"77' - 0"8' - 0" 11' - 4" 2' - 8"
BB
428 SF
PHYSICAL
FITNESS
207 SF
HOSE STORAGE
122 SF
SCBA
110 SF
FILL
EE
AA
LADDER
TRUCK
47'-1" L X
10'-4" W
12'-0" H
ENGINE
33'-11" L X
10'-0" W X
X 12'-0" H
MEDIC/
AMBULANCE
(FUTURE)
24'-0" L X
10'-0" W X
9'-6" H
QUICK
RESPONSE
VEHICLE
(3/4 TON
TRUCK)
22'-0" L X
8'-0" W X
6'-8" H
317 SF
DAY ROOM
520 SF
KITCHEN/DINING
80 SF
SLEEP 1
80 SF
SLEEP 2
80 SF
SLEEP 3
80 SF
SLEEP 4
80 SF
SLEEP 5
80 SF
SLEEP 6
113 SF
AID ROOM
38 SF
VEST
228 SF
LOBBY
79 SF
IT
122 SF
OFFICE
323 SF
FF WORK AREA
75 SF
RR
81 SF
AIR LOCK
84 SF
EMS
STORAGE
4702 SF
APPARATUS BAY
111 SF
CORRIDOR
587 SF
CORRIDOR
169 SF
CORRIDOR
96 SF
WATER
149 SF
STAIR 1
WASH
ALCOVE
159 SF
LAUNDRY
86 SF
TOILET /
SHOWER
86 SF
TOILET /
SHOWER
86 SF
TOILET /
SHOWER
86 SF
TOILET /
SHOWER
48 SF
VEST
119 SF
DECON
175 SF
CLEANING
217 SF
BUNKER GEAR
114' - 0"129' - 8"
61 SF
CUST
319 SF
SHOP
I
I
128 SF
OFFICE
83 SF
RR
91 SF
STORAGE
HOTEL OFFICE SUITE -
APPROX 425 SF
80'-0"
preferred
COPYRIGHT 2021PRELIMINARY DRAWINGSNOT FOR CONSTRUCTION12/3/2021 8:15:35 AMA1.0
SCHEMATIC DESIGN
ISSUE DATE
2105CITY OF BOZEMANFIRE STATION 2TBD KAGY BLVD, BOZEMAN, MONTANA 59715FIRST FLOOR PLAN1/8" = 1'-0"A1.0
1 FIRST FLOOR PLAN
NORTH
11,500 SF
ISSUE DATE DESCRIP.
Date 1 Revision 1
336
2
2
3
3
DD
GG
4
4
5
5
1
1
7
7
9
9
HH
JJ
CC
6
6
8
8
FF
KK
BB
EE
AA
212 SF
STAIR
122 SF
STORAGE
OPEN TO
BELOW
OPEN TO
BELOW
192 SF
MEZZ
OPEN TO
BELOW
141 SF
ELECT
STEEL
GUARDRAIL
ROOF
ACCESS
PLAZA
GREEN
ROOF
1089 SF
MECH
262 SF
STORAGE
425 SF
MECH
194 SF
IT
94 SF
ELECT
I
I
COPYRIGHT 2021PRELIMINARY DRAWINGSNOT FOR CONSTRUCTION12/3/2021 8:15:35 AMA1.1
SCHEMATIC DESIGN
ISSUE DATE
2105CITY OF BOZEMANFIRE STATION 2TBD KAGY BLVD, BOZEMAN, MONTANA 59715SECOND FLOOR PLAN1/8" = 1'-0"A1.1
1 SECOND FLOOR
NORTH
WEST FLOOR AREA -SF
EAST FLOOR AREA -SF
TOTAL SECOND FLOOR:3,000 SF
FIRST FLOOR AREA 11,500 SF
TOTAL BUILDING AREA:14,500 SF
(NOT INCLUDING HOTEL SUITE)
ISSUE DATE DESCRIP.
337
CONTRACT BETWEEN OWNER AND GENERAL CONTRACTOR/ CONSTRUCTION MANAGER FOR
Fire Station #2 Relocation
This CONTRACT is made as of: ______________, 2022 BETWEEN: [Firm]
[Address]
Hereinafter identified as the “CONTRACTOR” and:
City of Bozeman P.O. Box 1230 20 East Olive Street Bozeman, Montana 59771 hereinafter identified as the “OWNER”. WITNESSETH that the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE 1 – SCOPE OF WORK The Contractor shall perform all Work as shown in the Contract Documents. ARTICLE 2 – CONTRACT SUM The Owner shall pay the Contractor for performance of the Work, Subject to additions and/or deductions by Change Order or damages as provided in the Contract Documents, the contract Sum of: [($xx,xxx)]
ARTICLE 3 – DESIGNATED REPRESENTATIVES
Owner’s Designated Representative:
Jon Henderson, Strategic Services Director
P.O. Box 1230
20 E. Olive Street
Bozeman, MT 59771
406-582-2250
jon.henderson@bozeman.net
Contractor’s Designated Representative:
[Signatory]
338
ARTICLE 4 – CONTRACT DOCUMENTS The Contract Documents, together with this Contract, form the entire Contract and Agreement between the Contractor and Owner. The Contract Documents, which are totally and completely a part of this Contract as if attached hereto or repeated herein, are enumerated in the General Conditions of the Contract for Construction inclusive of Wage Rates, Reports, and all other items bound with the Specifications and/or Project Manual(s). ARTICLE 5 – PREVAILING WAGE SCHEDULE The Contractor and all subcontractors at any tier or level shall, as a minimum, pay the standard prevailing rate of wages schedule (including per diem, fringe benefits for health, welfare, and pension contributions and travel allowance) in effect and as applicable to the district in which the Work is being performed. ARTICLE 6 – VENUE
In the event of any mediation, arbitration, or litigation concerning any matter or dispute arising out of or related to the Contract, venue shall be the Eighteenth Judicial District in and Gallatin County, Montana. The Contract shall be interpreted and subject to the laws of the State of Montana.
EXECUTION OF THIS CONTRACT
This Contract is entered into as of the day and year first written above:
CONTRACTOR:
[FIRM]
OWNER:
CITY OF BOZEMAN
By: ________________________________
(signature)
By: ________________________________
(signature)
[Signatory]
Jeff Mihelich
City Manager
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Pre-Construction Services Conditions – Fire Station #2 Relocation Page 1 of 21
PRE-CONSTRUCTION SERVICES CONDITIONS
Fire Station #2 Relocation 1. ARTICLE 1 – DEFINITIONS
1.1. BASIC DEFINITIONS – The terms below are expressly defined as follows:
1.1.1. Affiliate. Affiliate shall mean any subsidiary of General Contractor/Construction Manager (GC/CM), and any other entity in which GC/CM has a financial interest or which has a financial interest in GC/CM (including without limitation parent companies, related businesses under the same holding company, or any other business controlled by, under common control with, or which controls GC/CM). 1.1.2. Allowances. Allowances shall mean the allowance amounts shown in the Guaranteed Maximum Price (GMP) Supporting Documents, together with such further allowances as may be developed by the parties as the Project progresses. 1.1.3. Amendment. Amendment shall mean a written modification of this Contract (including without limitation any agreed change to the GMP), identified as an Amendment, and executed by GC/CM and the Owner. 1.1.4. Change Order. Change Order shall mean a written modification of this Contract as identified in the General Conditions of the Contract for Construction (including without limitation any agreed change to GMP), identified as a Change Order and executed by the GC/CM and the Owner. Change Orders shall be issued only for Owner Scope Changes and unforeseen conditions. 1.1.5. Construction Manager (CM). CM shall have the meaning given herein below as GC/CM and CM/GC. 1.1.6. Construction Documents. Construction Documents shall be those prepared by the Engineer for
the Project as described in the contract between Owner and Engineer. 1.1.7. Construction Phase. The Construction Phase shall mean the period commencing on the Owner's execution of a GMP Amendment or Early Work Amendment, together with the earlier of (i) issuance
by Owner of a Notice to Proceed with any on-site construction or (ii) execution of a subcontract or issuance of a purchase order for materials or equipment required for the Work. 1.1.8. Construction Phase Services. Construction Phase Services shall mean all of the Work other than the Preconstruction Phase Services. 1.1.9. Contract Documents. Contract Documents shall have the meaning given in the General Conditions of the Contract for Construction. 1.1.10. Design Development Documents. The Design Development Documents shall be as described in the scope of services of the Owner’s Agreement with the Engineer for this Project. 1.1.11. Early Work. Early Work shall mean Construction Phase Services authorized by Amendment that the parties agree should be performed in advance of establishment of the GMP. Permissible Early Work shall be limited to: early procurement of materials and supplies; early release of bid or
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Pre-Construction Services Conditions – Fire Station #2 Relocation Page 2 of 21
proposal packages for site development and related activities; and any other advance work related to critical components of the Project for which performance prior to establishment of the GMP will materially affect the critical path schedule of the Project. 1.1.12. Early Work Amendment. Early Work Amendment shall mean an Amendment to this Contract executed by and between the parties to authorize Early Work.
1.1.13. Guaranteed Maximum Cost for Reimbursable expenses for General Conditions Work (GMCR). Guaranteed Maximum Cost for General Conditions Work or GC Work shall mean that guaranteed maximum sum identified herein below. 1.1.14. General Conditions Work. General Conditions Work (“GC Work”) shall mean (i) that portion of the Work required to support construction operations that is not included within overhead or general expense but is called out as GC Work, and (ii) any other specific categories of Work approved in writing by the Owner as forming a part of the GC Work. GC Work is defined and submitted during the GC/CM solicitation phase and is described as Guaranteed Maximum Cost for Reimbursable (GMCR) expenses for General Conditions. 1.1.15. General Contractor/Construction Manager (GC/CM). GC/CM shall mean the entity contracted for by the Owner to provide Pre-Construction and Construction Services as identified herein below and in the General Conditions of the Contract for Construction. Construction Manager/General Contractor (CM/GC) shall have the same meaning as GC/CM. GC/CM and CM/GC includes the “Contractor” as identified in the General Conditions of the Contract for Construction. 1.1.16. Guaranteed Maximum Price (GMP). GMP shall mean the Guaranteed Maximum Price of this Contract, as stated in dollars within the GMP Amendment, as determined herein below and as it may be adjusted from time to time pursuant to the provisions of this Contract. 1.1.17. GMP Amendment. GMP Amendment shall mean an Amendment to this Contract, issued and executed by and between the parties, to establish the GMP and identify the GMP Supporting Documents and Construction Documents for Construction Phase Services. Where “bid” and all modifications are referenced in the General Conditions of the Contract for Construction, the word is interchangeable with the GMP. 1.1.18. GMP Supporting Documents. GMP Supporting Documents shall mean the documents referenced in the GMP Amendment as the basis for establishing the GMP. The GMP Supporting Documents shall expressly identify the Plans and Specifications, assumptions, qualifications, exclusions, conditions, allowances, unit prices, and alternates that form the basis for the GMP. 1.1.19. Preconstruction Phase. The Preconstruction Phase shall mean the period commencing on the date of this Contract and ending upon commencement of the Construction Phase; provided that if the Owner and GC/CM agree, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently, subject to the terms and conditions of the Contract Documents. 1.1.20. Preconstruction Phase Services. Preconstruction Phase Services shall mean all services described herein below, including such similar services as are described in the Request for Proposals (RFP) and the GC/CM's RFP Response to the extent they are accepted by Owner, but excluding any Early Work. Early Work shall be considered part of Construction Phase Services. 1.1.21. Schematic Design Documents. Schematic Design Documents shall be as described in the scope
of services of the Owner’s Agreement with the Engineer for this Project. 1.1.22. Scope Change. Scope Change shall mean only (i) changed site conditions not reasonably identifiable or inferable from information available to GC/CM at the time of execution of the GMP
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Pre-Construction Services Conditions – Fire Station #2 Relocation Page 3 of 21
Amendment, (ii) significant Work modifications (including additions, substitutions, and deletions) not reasonably identifiable or inferable from the Documents at every phase of design, and (iii) application of Allowances and selection of alternates, all as approved by the Owner under this Contract beyond that identified or inferable from the GMP Supporting Documents (but in the case of Allowance items, the GMP will increase only if the cost to Owner of the Allowance items exceeds the total amount of the Allowances).
Unless otherwise indicated, other capitalized terms shall have the meaning ascribed to them in the General Conditions of the Contract for Construction. 2. ARTICLE 2 – CONTRACT DOCUMENTS 2.1. Integration with General Conditions of the Contract for Construction. The requirements of these Pre- Construction Services Conditions are in addition to, and not in lieu of, the requirements of the General Conditions of the Contract for Construction. 2.2. Contract Documents. Owner and the GC/CM agree to the terms of the Contract that are set forth in the Contract Documents as identified in the General Conditions of the Contract for Construction.
2.3. Articles 3.1, 3.2, 11, 13, 14, and 15 of the “General Conditions of the Contract for Construction” also apply in their entirety to the Pre-Construction Services phase. 3. ARTICLE 3 – SERVICES AND WORK OF THIS CONTRACT 3.1 Preconstruction Phase Services. The GC/CM agrees to provide all of the Preconstruction Phase Services described below on an ongoing basis in support of, and in conformance with, the time frames described in the Request for Proposals as updated by the Project Schedule throughout the course of design and as coordinated with the Owner and Engineer. The Preconstruction Phase shall end on or by [DATE]. If Preconstruction Phase continues beyond [DATE] through no fault of the GC/CM, additional compensation for extended Preconstruction Services may be negotiated with the Owner. However, commencement of the Construction Phase shall not excuse GC/CM from completion of the Preconstruction Phase Services, if such services have not been fully performed at commencement of the Construction Phase. 3.2 The GC/CM shall provide the following services relating to design and construction tasks: 3.2.1 The GC/CM shall consult with, advise, assist, and provide recommendations to the Owner and the Engineer on all aspects of the planning and design of the Work. 3.2.2 The GC/CM shall jointly schedule and attend regular meetings with the Engineer and Owner. The GC/CM shall consult with and advise the Owner and Engineer regarding site use and improvements, and the selection of materials, building systems and equipment. 3.2.3 The GC/CM shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and/or factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and possible economic factors. 3.2.4 The GC/CM shall provide continuous in-progress review of design documents, including the documents generally described in the industry as Schematic Design Documents, Design Development Documents, and Construction Documents and provide input and advice on completeness, clarity, construction feasibility, alternative materials, availability of trades and subcontractors, and availability of labor and materials. The GC/CM shall review Owner design review comments and provide input on resolution of design comments. Owner acknowledges that the GC/CM is providing services in its capacity as a Contractor and not as a licensed design
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Pre-Construction Services Conditions – Fire Station #2 Relocation Page 4 of 21
professional. 3.3 The GC/CM shall provide the following services related to the Project schedule: 3.3.1 The GC/CM shall prepare and periodically update a preliminary Project schedule for the Owner’s
review and approval.
3.3.2 The GC/CM shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Engineer, and GC/CM. As design proceeds, GC/CM shall update the preliminary Project schedule to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, preparation and advertising of all bid packages, submittal of a GMP proposal, preparation and processing of shop drawings and samples, project phasing, delivery of materials or equipment requiring long-lead time procurement, and Owner’s occupancy requirements showing portions of the Project having occupancy priority, provided that the date(s) of Substantial Completion shall not be modified without Owner’s prior written approval. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the GC/CM shall make appropriate recommendations to the Owner. 3.3.3 The GC/CM shall make recommendations to Engineer and Owner regarding the phased issuance of Plans and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economics, time of performance, availability of labor and materials, and provisions for temporary facilities. 3.4 Provide the following services relating to cost estimating: 3.4.1 When Schematic Design Documents have been prepared by the Engineer and approved by the Owner, the GC/CM shall prepare for the review of the Engineer and approval of the Owner, a detailed estimate with supporting data.
3.4.2 When 100% Design Development Documents, have been prepared by the Engineer and submitted for review by the Owner and the GC/CM, and approved by the Owner, the GC/CM shall prepare for
the review of the Engineer and approval of the Owner, a detailed estimate with supporting data. During the preparation of the Design Development Documents, the GC/CM shall update and refine this estimate at appropriate intervals agreed to by the Owner and GC/CM.
3.4.3 When 50% Construction Documents have been prepared by the Engineer and submitted for review by the Owner and the GC/CM, and approved by the Owner, the GC/CM shall prepare a detailed estimate with supporting data for review by the Engineer and approval by the Owner. During the preparation of the Construction Documents, the GC/CM shall update and refine this estimate at appropriate intervals agreed to by the Owner and GC/CM. 3.4.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner’s budget, the GC/CM shall make appropriate recommendations to the Owner.
3.4.5 GC/CM shall notify the Owner and the design team immediately if any construction cost estimate appears to be exceeding the construction budget. 3.5 Perform the following services relating to Subcontractors and suppliers: 3.5.1 The GC/CM shall seek to develop Subcontractor and supplier interest in the Project, and shall furnish to the Owner a list of possible Subcontractors and suppliers, including suppliers who may furnish materials or equipment fabricated to a special design, from whom competitive bids, quotes, or proposals (collectively, "Offers") will be requested for each principal portion of the Work. Submission of such list is for information and discussion purposes only and not for prequalification.
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The receipt of such list shall not require the Owner to investigate the qualifications of proposed Subcontractors and suppliers, nor shall it waive the right of the Owner later to object to or reject any proposed Subcontractor, supplier, or method of procurement. 3.5.2 The GC/CM shall provide input to the Owner and the design team regarding current construction market bidding climate, status of key subcontract markets, and other local/national economic
conditions. GC/CM shall determine the division of work to facilitate bidding and award of trade and subcontracts, considering such factors as bidding climate, improving or accelerating
construction completion, minimizing trade jurisdictional disputes, and related issues.
3.5.3 The GC/CM shall recommend to the Owner and Engineer a schedule for procurement of long- lead time items which will constitute part of the Work as required to meet the Project schedule, which shall be procured by the GC/CM upon execution of either a GMP Amendment or Early Work Amendment covering such procurement, and approval of such schedule by the Owner. The GC/CM shall expedite the delivery of long-lead time items. The GC/CM shall investigate, plan, and utilize a “just-in-time” delivery methodology, if feasible. 3.6 The GC/CM shall work with the Owner in identifying critical elements of the Work that may require special procurement processes, such as prequalification of Offerors, subcontractors, or alternative contracting methods. 3.7 Construction Phase Services. 3.7.1 Upon execution of an Early Work Amendment or GMP Amendment/Contract, the GC/CM shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and services, and performing all other acts and supplying all other things necessary to perform and complete the Work, as required by the Contract Documents, and to furnish to Owner a complete, fully functional Project in accordance with the Contract Documents, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.7.2 Notwithstanding any other references to Construction Phase Services in this Contract, this Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment. 3.7.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to- exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment. If the Early Work Price is a not-to-exceed budget, then GC/CM shall be obligated to perform the Early Work only to the extent that the Cost of Work thereof, together with the GC/CM Fee, does not exceed the Early Work Price; however if GC/CM performs Early Work with a cost in excess of the Early Work Price the GC/CM shall pay such excess cost without reimbursement unless cost overruns are caused by conditions that constitute a change within the Contract or to incorporate Work not included in the GMP Amendment. If one or more Early Work Amendments are executed, the GC/CM shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of the General Conditions of the Contract for Construction shall apply. 3.7.4 Prior to commencement of any Construction Phase effort, and in any event not later than mutual execution of the GMP Amendment, GC/CM shall provide to Owner a full performance bond and a payment security bond as required by the General Conditions in the amount of the GMP. If an Early Work Amendment is executed, GC/CM shall provide such bond in the amount of
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Pre-Construction Services Conditions – Fire Station #2 Relocation Page 6 of 21
the Early Work Price under the Early Work Amendment. GC/CM shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, GC/CM shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.8 Construction Management (CM) Services. Throughout the Preconstruction Phase and Construction Phase of the Project, the GC/CM shall provide CM Services, generally consisting of coordinating and managing the building process as an independent contractor, in cooperation with the Owner, Engineer and other designated Project consultants (the "Construction Principals"), all in accordance with the General Conditions of the Contract for Construction and the Supplemental Conditions for Construction. CM Services shall include, but are not limited to: 3.8.1 Providing all Preconstruction Phase Services described above;
3.8.2 Developing and delivering schedules, preparing construction estimates, performing constructability review, analyzing alternative designs, studying labor conditions, coordinating and
communicating the activities of the Construction Principals throughout the Construction Phase to all Construction Principals;
3.8.3 Continuously monitoring the Project schedule and recommending adjustments to ensure completion
of the Project in the most expeditious manner possible;
3.8.4 Working with the Owner and the Engineer to analyze the design, participate in decisions regarding construction materials, methods, systems, phasing, and costs, and suggest modifications to achieve the goals of providing the Owner with the Project within the budget, GMP and schedule; 3.8.5 Providing Value Engineering ("VE") services ongoing through the Project. GC/CM shall develop cost proposals, in the form of additions or deductions from the GMP, including detailed documentation to support such adjustments and shall submit such proposals to Owner for its approval. GC/CM acknowledges that VE services are intended to improve the value received by Owner with respect to cost reduction or life-cycle costs of the Project; 3.8.6 Holding and conducting periodic meetings with the Owner and the Engineer to coordinate, update and ensure progress of the Work;
3.8.7 Submitting monthly written report(s) to the Owner. Each report shall include, but shall not be limited to, Project updates including (i) actual costs and progress for the reporting period as compared to the estimate of costs; (ii) explanations of significant variations; (iii) work completed; (iv) work in progress; (v) changes in the work; and (vi) other information as determined to be appropriate by the Owner. Additional oral or written updates shall be provided to the Owner as deemed appropriate by the GC/CM or as requested by the Owner; 3.8.8 Maintaining a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered, safety violations and incidents of personal injury and property damage, and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner and Engineer on request; 3.8.9 Developing and implementing a system of cost control for the Work acceptable to Owner, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The GC/CM shall identify variances between actual and estimated costs and report the variances to the Owner and Engineer at regular intervals;
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3.8.10 Cooperating with any and all consultants hired by Owner; 3.8.11 At Owner's request, cooperating and performing warranty and inspection Work for the Project through the expiration date of the applicable warranty period; 3.8.12 Assisting Owner with start-up of the Project. Such start-up may occur in phases due to phased occupancy; 3.8.13 If applicable, incorporating commissioning and inspection agents' activities into the Project schedule and coordinating Subcontractors required to participate in the commissioning and inspection process;
3.8.14 Performing all other obligations and providing all other services set forth in the Contract Documents; and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work as required by the Contract. 4. ARTICLE 4 – CONTRACT SUM AND GMP 4.1 Contract Sum. Owner shall pay the GC/CM the "Contract Sum" which shall equal the sum of the Preconstruction Fee, Early Work Amendments, the GMP Amendment, plus any Change Orders as applicable. 4.2 The GMP shall be determined in accordance with the formula set forth below and as described in 4.5. The "Cost of the Work" is defined in Article 5. Costs in excess of the GMP shall be paid by the GC/CM without reimbursement by Owner. Changes to the GMP shall only be authorized by Amendment or Change Order. 4.2.1 GMP = [GC/CM Fee X (Guaranteed Maximum Cost for Reimbursable expenses for General Conditions GMCR + Estimated Cost of the Work (ECoW exclusive of the Contractor’s Contingency))] + GMCR + Estimated Cost of the Work (ECoW inclusive of the Contractor’s Contingency) 4.2.2 GC/CM Fee of [PERCENTAGE] is calculated on the Estimated CoW (excluding GC/CM's Construction Contingency, or lump-sum Contingency as agreed between Owner and Contractor) + Guaranteed Maximum Cost for Reimbursable expenses for General Conditions GMCR. 4.2.3 The Contractor will not be due GC/CM Fee on the Construction Contingency. 4.3 Preconstruction Fee. The Preconstruction Fee is a lump-sum, fixed amount for all Pre-Construction
Services and shall be payable to GC/CM on a cost reimbursement basis up to a maximum sum of [AMOUNT], which shall cover constructability review, value engineering, cost estimating, development
of GMP, and all other Preconstruction Phase Services, expenses, reimbursements, and costs. If GC/CM's costs for provision of Preconstruction Phase Services exceed the maximum Preconstruction
Fee, GC/CM shall pay such additional cost without reimbursement. GC/CM shall not be entitled to any GC/CM Fee upon the Preconstruction Fee. Owner shall pay the Preconstruction Fee on a cost-
reimbursement basis with each application for payment during the Preconstruction Phase. If the total actual Preconstruction Fee is less than the maximum Preconstruction Fee used for initial calculation
of the GMP as provided above, the GMP shall be reduced by the difference; provided that Owner may direct instead that any applied portion of the maximum Preconstruction Fee be applied to Construction
Phase Services, in which case the GMP shall not be reduced by the portion so applied. Except to the extent the parties may expressly agree to the contrary in the GMP Amendment, no Preconstruction
Fee or other fee, compensation or reimbursement shall be payable to GC/CM with respect to Preconstruction Services performed after execution of the GMP Amendment.
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4.4 Establishment of GC/CM Fee; Adjustments to GC/CM Fee. 4.4.1 The "GC/CM Fee" shall be a fixed percentage of the Estimated Cost of Work identified in the GMP Amendment, and shall be calculated as [PERCENTAGE] of the Estimated Cost of the Work at the time of establishment of the GMP. In making such calculation, the Estimated Cost of the Work shall exclude the Preconstruction Fee, the GC/CM Fee itself, but shall include Allowances, selected alternates, Fixed Cost for GC Work, and GMCR’s. The GC/CM Fee is inclusive of overhead and profit and all other indirect or non- reimbursable costs. Owner shall pay the GC/CM Fee ratably with each application for payment during the Construction Phase. In the case of Early Work, the GC/CM Fee shall be the above percentage multiplied by the actual Cost of the Early Work.
4.4.2 Notwithstanding any provision of the General Conditions of the Contract for Construction to the contrary, and unless the parties agree in writing to the contrary, any Amendment or Change
Order that increases or decreases the GMP shall adjust the GC/CM Fee then in effect by multiplying the percentage shown in 4.4.1 by the change in the Estimated Cost of the Work reflected
in such approved Amendment or Change Order. For any Amendment or Change Order that increases or decreases the GMP by more than 15%, parties may negotiate a variance to the contract
Fee percentage. In addition, if the Contract is terminated for any reason prior to full completion of the Work (including, without limitation, termination during or following performance of Early
Work), the GC/CM Fee shall be limited to the total GC/CM Fee multiplied by the percentage of Work completed and accepted at the time of termination. The GC/CM Fee percentage shall not
be subject to adjustment for any other reason, including, without limitation, schedule extensions or adjustments, Project delays, unanticipated costs, negligence, or unforeseen conditions. 4.5 Determination of GMP. 4.5.1 GC/CM shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time
designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, GC/CM shall use those subcontract Offers as a
basis in establishing the GMP.
4.5.2 As the Plans and Specifications may not be developed to the stage of biddable construction documents at the time the GMP proposal is prepared, the GC/CM shall provide in the GMP for further development of the Plans and Specifications by the Engineer that is consistent with the Contract Documents and reasonably identifiable and inferable therefrom. Such further development does not include such things as changes in scope, systems, quantities, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment, if any. 4.5.3 The GC/CM shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include at a minimum: 4.5.3.1 A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. 4.5.3.2 A list of Allowances and a statement of their basis. 4.5.3.3 A list of the clarifications and assumptions made by the GC/CM in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. 4.5.3.4 The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. 4.5.3.5 The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial
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Completion is based. 4.5.4 The GC/CM shall meet with the Owner and Engineer to review the GMP proposal and the written statement of its basis. If the Owner or Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the GC/CM, who shall make appropriate adjustments to the GMP proposal, its basis or both. 4.5.5 Prior to the Owner's acceptance of the GC/CM's GMP proposal and issuance of a Notice to Proceed, the GC/CM shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 4.5.6 The Owner shall authorize and cause the Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the GC/CM in accordance with schedules agreed to by the Owner, Engineer and GC/CM. The GC/CM shall promptly notify the Engineer and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 4.5.7 The GMP shall include in the Cost of the Work only those taxes which are enacted at the time the GMP or Early Work is established.
4.5.8 The Guaranteed Maximum Price shall include the GC/CM's contingency, a sum established for the GC/CM's use, with Owner approval (which may be requested and given in writing, by telephone, or by email), to cover costs which are reimbursable as Cost of the Work but which are not the basis for a Change Order. This contingency is not available for Owner-directed design or scope changes and unforeseen or differing site conditions. GC/CM Contingency costs will be reviewed monthly by the Owner for conformance with the Contract. 4.5.8.1 None of the following shall constitute a reimbursable Cost of the Work, or a change order, or be paid for out of the GC/CM Contingency:
4.5.8.1.1 Means and methods or changes in means and methods; 4.5.8.1.2 Extensions of time for weather delays;
4.5.8.1.3 Extensions of time or delays for other than Owner-directed design or scope changes, unforeseen conditions, or differing site conditions; 4.5.8.1.4 Damaged work or non-conforming work; 4.5.8.1.5 Out-of-sequence work; 4.5.8.1.6 Work or delays attributable to subcontractors and suppliers; or, 4.5.8.1.7 Delays or costs resulting from GC/CM decisions, management of the project, errors, omissions, or negligence. 4.5.8.1.8 Under no circumstances will any GC/CM Contingency be used for negligence or violations of law, building codes, or regulations. 4.5.8.2 All claims for use of GC/CM Contingency shall be subject to Paragraph 4.3 of the General Conditions of the Contract for Construction. The Owner may, at its sole discretion, approve use
of the GC/CM Contingency on an individual event, case-by-case basis, without voiding or waiving the use of Paragraph 4.3 of the General Conditions of the Contract for Construction.
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4.5.8.3 All claims for extension(s) of contract time shall be subject to Paragraph 4.3 of the General Conditions of the Contract for Construction.
4.5.8.4 The GC/CM shall be liable to the Owner for construction administration expenses, including but not limited to costs of the Engineer, as a result of time extensions or delays for other than
Owner-directed design or scope changes, weather delays, unforeseen conditions, or differing site conditions. 4.5.9 The GC/CM shall work with the Engineer and Owner to identify and confirm components and
systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Engineer to complete the final Construction Documents in accordance with the Project
scope agreed upon by all parties at the time the GMP is established. In so doing, Owner acknowledges that GC/CM is providing its services as a Contractor and not a design professional.
4.5.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the GC/CM shall represent and warrant, at the time that it submits the GMP that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilities in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 4.5.11 In developing the GMP, the GC/CM shall include and identify such allowances and clarifications within the GMP as may be necessary to pay for elements that are required for a complete, fully functional Project. 4.6 Cancellation of Construction Phase Services. The Owner reserves the sole right at any time, with or without cause, to terminate or cancel any or all pre-construction services and/or not pursue a GMP Amendment/Contract with the GC/CM. 4.7 Failure to Furnish an Acceptable GMP. If the GC/CM does not furnish a GMP acceptable to Owner
within Owner's target GMP range, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this
Contract without liability, and the GC/CM shall not receive additional compensation beyond the Preconstruction Fee under this Contract and sums due under any executed Early Work Amendment.
Termination under this provision shall proceed under Article 14 of the General Conditions of the Contract for Construction as a termination for Owner's convenience. GC/CM further agrees that
Owner shall not be liable for any damages whether actual, consequential or otherwise, for termination of the Contract under this provision. 4.8 Acceptance of GMP. Upon acceptance of the GMP by Owner, the parties shall execute a GMP Amendment/Contract. 4.9 Owner Savings. If the sum of the remainder of the GC/CM Construction Contingency, plus the actual and final Cost of the Work, is less than the GMP, the savings shall accrue to the Owner. 4.10 Allowance Work. 4.10.1 GC/CM shall not perform any Allowance Work without prior written approval by Owner for the Allowance Work and the price thereof. 4.10.2 Owner shall be entitled to apply any Allowance line items that have not been fully expended to other line item Allowances that have been fully expended, without any resulting increase in the GMP. 4.10.3 If the total Cost of the Allowance Work exceeds the total Allowances within the GMP, GC/CM shall not perform any Allowance Work in excess of such amount until either (i) the parties agree
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that the additional Allowance work will be performed within the then-current GMP or (ii) a GMP Amendment or Change Order is executed to increase the GMP by the excess cost of the Allowance work. 4.10.4 The Contract Sum shall not include any Allowance items not identified in the GMP Amendment or the GMP Supporting Documents.
4.10.5 If at the Final Completion of the Project, any portion of the Allowance funds remains unexpended, the GMP shall be reduced by a corresponding amount via a Change Order or Amendment. 4.11 Reallocating Projected Cost Under-runs after Bid (Offer) Buyout. As soon as possible after the awarding of the Work to the primary Subcontractors, GC/CM shall review projected costs and provide the Owner with a buy-out status report showing any projected cost under-runs, reconciling accepted Offers and other reasonably anticipated costs, to the cost estimate used by GC/CM to establish the GMP. This report shall be updated on a monthly basis and until such time that the buyout is complete. GC/CM shall include with its report any underlying documentation requested by Owner used to develop or support such report. GC/CM shall also consider the reduced risk associated with known subcontracting costs, and the impact that reduced risk has on the amount of the GC/CM’s Contingency. The parties shall negotiate in good faith to execute a Change Order transferring an appropriate portion of any projected cost under-runs to an Owner-controlled contingency fund, separate from the GC/CM Construction Contingency, to be held within the GMP to pay for additional costs arising from (a) any Owner-directed or approved change to the Work, (b) schedule changes that would otherwise entitle GC/CM to an increase in the GMP, (c) Allowance items after exhaustion of all Allowances, (d) selection by Owner of more expensive alternates than those used for calculation of the GMP, (e) Owner selection of substitutions that increase the Cost of the Work, or (f) any other costs which otherwise would entitle GC/CM to an increase in the GMP. Transfer of an appropriate portion of the under-runs to an Owner-controlled contingency shall occur no earlier than 80% buy-out completion unless agreed to by both parties. 4.12 Notice to Proceed. If Construction Phase Services are added to the Contract, then a notice to proceed will be issued by the Owner to begin the designated or full Construction Phase Services (“Notice to Proceed”). It is anticipated that the Notice to Proceed will be issued on or about [DATE] with the actual date to be provided in the GMP Amendment/Contract. A separate Notice to Proceed shall be issued for each Early Work Amendment, if any. 4.13 Completion of Project. The GC/CM shall achieve Substantial Completion of the entire Work not later
than the date fixed in the Guaranteed Maximum Price Amendment.
4.14 Time is of the Essence. All time limits stated in the Contract Documents are of the essence. 4.15 Time Extensions. Notwithstanding provisions for Contract time extensions, Owner and GC/CM agree that timely completion of the Work is essential to the success of the Project, and that approval for time extension shall be granted only as a last resort. 4.15.1 GC/CM agrees to make reasonable effort to recover time from delays that are the GC/CM’s responsibility and shall not consider this as a compensable, Owner-directed, or forced acceleration. 4.15.2 If a compensable time extension is granted by the Owner, the GC/CM shall be limited to $(to be defined in the GMP Amendment) per day extended overhead (office and field). 4.16 Liquidated Damages. The GC/CM acknowledges that the Owner will sustain damages as a result of the GC/CM's failure to substantially complete the Project in accordance with the Contract Documents. These damages may include, but are not limited to delays in completion, use of the Project, engineering costs to complete the Project, and costs associated with Contract administration and use of
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temporary facilities. The GC/CM and the Owner acknowledge that the actual amount of damages would be difficult to determine accurately and agree that that the following liquidated damages figure represents a reasonable estimate of such damages and is not a penalty: 4.16.1 The GC/CM agrees to pay to the Owner the liquidated damage sums set forth in the General Conditions for each day of delay or any fraction thereof and further agrees that Owner may deduct such sums from payments the Owner otherwise owes to GC/CM under the Contract. If such deduction does not result in payment to Owner of the assessed liquidated damages in full, GC/CM shall promptly pay any and all remaining sums due to the Owner upon demand. 5. ARTICLE 5 – COSTS OF THE WORK (REIMBURSABLE, INCLUDED IN THE GMP) 5.1 Cost of the Work. The term "Cost of the Work" shall mean the costs as described herein. The Cost of the Work shall include only those items necessarily and reasonably incurred by GC/CM in the proper performance of the Work and specifically identified in this Article, and only to the extent that they are directly related to the Project. 5.1.1 Labor Costs. 5.1.1.1 Wages paid for all labor and construction workers directly employed by the GC/CM in performance of the work. 5.1.1.2 Wages and salaries of the GC/CM's supervisory personnel (i) whether stationed at the site or district office, but only for that portion of time they are providing services related to the project, or (ii) engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work with Owner, or otherwise
engaged and off the site when specifically related to the Project, in each case under this clause (iii) only with Owner's prior written approval, and only for that portion of their time directly required for the Work.
5.1.1.3 Cost of all benefits, taxes, insurance, contributions, assessments and benefits required by law or collective bargaining contracts and, for personnel not covered by such contracts, customary
benefits such as Social Security, Medicare/Medicaid, sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work. 5.1.2 Subcontract Costs. GC/CM's actual payment to Subcontractors pursuant to GC/CM's contract with such Subcontractor for the Work on the Project. No amount paid by or payable to any
such Subcontractor other than the fixed or cost reimbursement price of its subcontract shall be included in the Cost of the Work, unless otherwise approved in writing by Owner. 5.1.3 Costs of Materials, Supplies, and Equipment incorporated in the Work. 5.1.3.1 Costs, including transportation, of materials, supplies, and equipment incorporated or to be
incorporated in the completed Work. 5.1.3.2 Costs for storage on or off site (including applicable insurance), inspection, and testing of materials, supplies and equipment unless specifically noted to be paid by the Owner. 5.1.3.3 Costs of materials in excess of those actually installed, but required to provide reasonable
allowance for waste and for spoilage. Unused excess materials, if any, shall be delivered to Owner at the completion of the Work or, at Owner's option, shall be sold by the GC/CM. Net
amounts realized, if any, from such sales shall be credited to Owner as a deduction from the Cost of the Work. 5.1.4 Costs of Miscellaneous Equipment and Other Items; Equipment Rental Charges.
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5.1.4.1 Costs, including transportation, installation, maintenance, dismantling, removal, and disposal, of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the GC/CM in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the GC/CM; provided that Owner at Owner's option may require that GC/CM deliver to Owner (at no charge) at the end of the Project any of such items procured for this Project. Cost for items previously used by the GC/CM shall mean fair market value. GC/CM shall charge no additional administrative or other mark-up for purchased items. 5.1.4.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers, which are provided by the GC/CM at the site, whether rented from the GC/CM or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be according to industry standards, shall not exceed the standard rate paid at the place of the project, and shall not exceed acquisition costs, and for individual items exceeding $10,000, will be subject to Owner's prior approval. GC/CM shall deliver to Owner a list of published rates from time to time at Owner's request. For all items rented or leased, the GC/CM shall charge Owner only the rental charge incurred by GC/CM with no additional administrative or other mark-up. GC/CM shall make efforts and use its best skills and judgment to procure equipment in the most expeditious and economical manner consistent with the interest of the Owner. Efforts shall include, but not be limited to, providing Owner with a rent/buy analysis so that Owner may elect for GC/CM to procure the item in lieu of rental if the facility at issue is expected to be rented for six months or longer. Such rent/buy analysis shall include, where available, a leasing rate commensurate with the expected term of rental of the facility at issue. 5.1.5 Costs of removal of debris from the site. 5.1.6 Cost of internet connection, long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office, computers and other supporting administrative equipment and furnishings, but only to the extent such costs are for the benefit of the Work.
5.1.7 That portion of the travel and subsistence expenses of the GC/CM's personnel determined by Owner to be reasonable and necessary incurred while traveling in discharge of duties connected with the Work. Main office staff travel shall not be reimbursed unless approved in advance by Owner.
5.1.8 Other Costs. 5.1.8.1 Premiums and deductibles for insurance directly attributable to this Contract. 5.1.8.2 Payment and Performance bonds. 5.1.8.3 Sales, use or similar excise taxes imposed by a governmental authority which are directly related to the Work and for which the GC/CM is liable. 5.1.8.4 Fees and assessments for the trade permits and for other permits, licenses and inspections for which the GC/CM is required by the Contract Documents to pay. Plan review fees, assessments, and impact fees are the responsibility of the Owner. 5.1.8.5 GC/CM deposits lost for causes other than the GC/CM's fault or negligence. 5.1.8.6 Costs of drawings, Specifications and other documents required to complete the Work, except as provided by Owner or Engineer.
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5.1.8.7 Losses, expenses, or damages during construction and warranty that did not arise from the negligence or wrongful conduct of the GC/CM or its subcontractors. 5.1.8.8 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by Owner. 5.1.9 Repairs to Damaged, Defective or Nonconforming Work. The Cost of the Work shall also include costs which are incurred by the GC/CM in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 5.2 The Guaranteed Maximum Cost for Reimbursable expenses for General Conditions Work (GMCR). GC/CM shall be paid a maximum sum as agreed in the GMP Amendment, as payment for the GC Work, including all labor, materials, and direct and indirect costs thereof. To the extent any GC Work is otherwise described above in this Article, GC/CM’s compensation for the same is included in the Cost for GC Work and shall not otherwise be charged as Cost of the Work. The Cost for GC Work, less 5% retainage thereon, shall be paid in equal installments monthly over the number of months of the scheduled Construction Phase, commencing with the first progress billing after commencement of the scheduled Construction Phase. However, no adjustment in the amount payable for General Conditions Work will be made if the actual construction period is shorter or longer than the number of months scheduled for the Construction Phase, unless the construction period is extended because of an Owner delay or due to unforeseeable conditions. Should the GC/CM spend less than planned on GMCR’s, the GC/CM retains that balance.
5.3 GC/CM Overhead. GC/CM shall be paid in accordance with these Conditions for items including home office overhead, supervisory labor burden, travel, per-diems and is part of the GC/CM Fee. 6. ARTICLE 6 – COSTS OF THE WORK (NOT REIMBURSABLE, INCLUDED IN THE GMP) 6.1 Costs Excluded from Cost of Work. The following shall not be included in the Cost of the Work: 6.1.1 Salaries and other compensation of the GC/CM's personnel stationed at the GC/CM's principal office or offices other than the site office except as allowed under Articles 5. 6.1.2 Expenses of the GC/CM's principal office and offices other than the site office.
6.1.3 Any overhead and general expenses, except as may be expressly included in Article 5.
6.1.4 GC/CM's capital expenses, including interest on the GC/CM's capital, employed for the Work. 6.1.5 Rental cost of machinery and equipment, except as provided in Article 5. 6.1.6 Any cost associated with the Project not specifically and expressly described in Article 5 or not included in within the Project Cost Matrix.
6.1.7 Costs due to the fault or negligence of the GC/CM, Subcontractors, suppliers, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. 6.1.8 The cost of correction of any repair work, nonconforming or defective work, or warranty work in excess of the GMP. 6.1.9 Merit, safety, or other incentive payments, bonuses or awards, or any expenses in connection therewith.
6.1.10 Legal, mediation, or arbitration fees, costs, and expenses except as specifically provided in
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the Contract Documents. 6.1.11 Fines and penalties.
6.1.12 Except for Early Work, the cost of Preconstruction Phase Services. 6.1.13 The Cost of the Work for GC Work in excess of the Fixed Cost for GC Work unless such fixed costs are exceeded by other terms included in this Agreement. 6.1.14 Any costs in excess of the GMP. 7. ARTICLE 7 – CHANGES IN THE WORK 7.1 Price Adjustments. Adjustments to the Guaranteed Maximum Price required by changes in the Work shall be determined by any of the methods listed in the General Conditions of the Contract for Construction, except that, unless the adjustment is based upon fixed pricing or unit pricing: 7.1.1 The overhead and profit markup for the GC/CM shall be limited to the GC/CM Fee adjustment except for self-performed packages that GC/CM is awarded on a competitive basis consistent with
other Subcontract bid packages which may include overhead and profit associated with the self-performed work;
7.1.2 The increase or decrease in the Estimated Cost of the Work, other than for subcontract work, shall be calculated pursuant to Articles 5 and 6 above, instead of being based on GC/CM's direct costs as defined in the General Conditions of the Contract for Construction; and, 7.1.3 In calculating adjustments to subcontracts, unless the parties agree otherwise, the change shall be limited to the Subcontractor's Direct Costs plus the supplemental mark-up provided in the General Conditions of the Contract for Construction, and shall not be modified by Articles 5 and 6 above. 7.2 Adjustments to GMP. Adjustments to the GMP after execution of the GMP Amendment may be made only (i) in the event of Scope Changes or (ii) as otherwise expressly provided in this Contract, and then only in accordance with the following procedure: 7.2.1 GC/CM shall review subsequent iterations of the Plans and Specifications as they are prepared to determine whether, in the opinion of GC/CM, they result in a Scope Change so that it can be determined if an adjustment to the GMP is warranted. 7.2.2 Changes to the GMP shall be initiated by written notice by one party to the other. GC/CM shall deliver any such GMP Change Request to Engineer and Owner’s Authorized Representative within thirty (30) days after event of any Scope Change if, in GC/CM's opinion, it constitutes grounds for adjustment of the GMP. Any GMP Change Request shall include a proposal as to the appropriate GMP adjustment with respect to the Scope Change at issue. 7.2.3 GC/CM shall submit its GMP Change Requests as soon as possible, and GC/CM shall not be entitled to claim a GMP increase unless GC/CM submitted a GMP Change Request to Owner’s Authorized Representative and to Engineer within the earlier of (a) thirty (30) days after GC/CM has received the information constituting the basis for the claim, or (b) as to Work already solicited, prior to commencement of the portion of the Work for which GC/CM intends to claim a Scope Change; and (c) in any event, prior to GC/CM's signing of a Change Order for the Scope Change.
7.2.4 Owner may, at any time, submit a GMP Change Request requesting a reduction of the GMP, which shall include Owner's basis for such request, which may include, for example, reduction of the GC/CM's Contingency after further development of the Plans and Specifications that form the
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basis for the original GMP Amendment, and/or unused Allowances. 7.2.5 GC/CM shall work with Engineer to reconcile all differences in its GMP Change Request with Engineer within seven (7) days from the date of submission of the GMP Change Request. "Reconciled" means that the GC/CM and Engineer have verified that their assumptions about the various categories are the same, and that identifies the reason for differences in the GMP Change
Request and the Engineer's position. GC/CM shall submit the Reconciled GMP Change Request to Owner, which submission shall be a condition to any GC/CM claim for a GMP increase. 7.2.6 If the Reconciled GMP Change Request is not acceptable to Owner, GC/CM agrees to work with the Owner and the Engineer to provide a GMP Change Request that is acceptable to Owner. 7.2.7 GC/CM agrees to make all records, calculations, drawings and similar items relating to GMP Change Request available to Owner and to allow Engineer and Owner access and opportunity to view such documents at GC/CM's offices. Upon Owner's reasonable notice, GC/CM shall deliver two copies of such documents to Owner and Engineer at any regular meeting or at the Site. 7.2.8 GMP increases, if any, shall not exceed the increased Cost of the Work arising from the Scope Change (whether based on agreed fixed pricing, or the estimated Cost of the Work increase based on cost- reimbursable pricing), reconciled in accordance with the above provisions, as arising from the incident justifying the GMP increase, plus or minus the GC/CM Fee applicable to such change in the Cost of the Work.
7.2.9 Except as provided in this Article 7.2, adjustments to the GMP shall be reconciled in accordance with the General Conditions of the Contract for Construction. 7.2.10 Execution by Owner. Only the Owner’s Authorized Representative has authority to execute Change Orders or Amendments on behalf of Owner. 8. ARTICLE 8 – SUBCONTRACTS AND OTHER CONTRACTS 8.1 General Subcontracting Requirements. 8.1.1 Other than Work performed by the GC/CM, the GC/CM shall subcontract the Work to Subcontractors other than the GC/CM and its Affiliates.
8.1.2 The GC/CM shall comply with the laws of the State of Montana and the City of Bozeman with regard to the procurement of subcontractors and suppliers. 8.2 GC/CM's Obligations under Subcontracts. 8.2.1 No use of a Subcontractor or supplier shall relieve the GC/CM of any of its obligations or liabilities under the Contract. Except as may expressly otherwise be provided in this Contract, the GC/CM shall be fully responsible and liable for the acts or omissions of all Subcontractors and suppliers including persons directly or indirectly employed by them. The GC/CM shall have sole responsibility for managing and coordinating the operations of its Subcontractors and suppliers, including the settlement of disputes with or between the GC/CM and any such Subcontractor or supplier. 8.2.2 The GC/CM shall include in each subcontract and require each Subcontractor to include in any
lower tier subcontract, any provisions necessary to make all of the provisions of the Contract Documents, including the General Conditions and GC/CM’s project schedule, fully effective as
applied to Subcontractors. GC/CM shall indemnify Owner for any additional cost based on a subcontractor claim which results from the failure of GC/CM to incorporate the provisions of this
Contract in each subcontract. The GC/CM shall provide all necessary Plans, Specifications,
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Hazardous Materials reports and instructions to its suppliers and Subcontractors to enable them to properly perform their work. 8.2.3 Retainage from Subcontractors. Except with the Owner's prior approval, payments to Subcontractors shall be subject to retainage of no more than 5%. The Owner and the GC/CM shall agree upon a mutually acceptable procedure for review and approval of payments and
retainage for Subcontractors. 8.3 Subcontractor Selection. 8.3.1 Unless otherwise provided in the Request for Proposals, this Article, and the direction of the Owner, the selection of all Subcontractors and suppliers shall be made by competitive offers in a manner that will not encourage favoritism, bias, or substantially diminish competition.
8.3.2 GC/CM shall submit to the Owner its proposed procurement documents for review and comment before they are issued for solicitation. GC/CM shall consider and respond to all Owner comments regarding any proposed offer packages. As offers are received, GC/CM shall submit to the Owner an offer comparison in a mutually agreeable form together with any specific back-up requested by Owner. The competitive process used to award subcontracts by the GC/CM may be monitored by the Owner; provided that such monitoring shall not excuse GC/CM from compliance with the subcontracting requirements of this Contract. GC/CM shall cooperate in all respects with Owner's monitoring. The Owner shall be advised in advance of and be given the opportunity to be present at offer openings, and GC/CM shall provide him or her with a summary or abstract of all Offers in form acceptable to the Owner, and copies of particular offers if requested, prior to GC/CM's selection of Offerors. Prior to opening offers, the GC/CM agrees to disclose in writing to Owner any financial interest it has in any such Subcontractor, supplier or
other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project work, directly or indirectly, including whether such party is an Affiliate of GC/CM. GC/CM shall also disclose seven (7) days in advance if they will be providing an offer as a self-performed scope of work. 8.3.3 The following minimum requirements apply to the Subcontract solicitation process: 8.3.3.1 For procurements with an estimated value of more than $80,000, solicitations will be advertised by bids as required by 7-5-4302, MCA. The GC/CM shall obtain two written quotes or may advertise for bids for procurements over five thousand dollars ($5,000.00) up to eighty thousand dollars ($80,000.00). 8.3.3.2 All bid openings for Subcontracting and Self-Performed Work shall be open and available to the public, the Owner, and the Engineer, regardless of the bid opening location. GC/CM may propose an alternate delivery method to the Owner for Owner’s review and approval. 8.3.3.3 Unless specific other prior arrangement has been made with Owner, all offers will be written (hardcopy, email, or facsimile), and submitted to a specific location at a specific time. GC/CM shall time-stamp all offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered and in compliance with all laws of the State of Montana. 8.3.3.4 If fewer than three (3) offers are submitted in response to any solicitation (inclusive of any offer submitted by GC/CM), prior written approval by Owner shall be required to accept the offer. Field Work and/or Subcontracting/Self-Performed Work by the GC/CM shall be competitively bid, with solicitations advertised per MCA 7-5-4302, and subject to the same Owner review and oversight as all other competitively bid subcontractor scopes of work. 8.3.3.5 GC/CM may develop and implement a prequalification process for particular solicitations, followed by selection of successful offers among those offerors that GC/CM determines
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meet the prequalification standards, with Owner’s prior approval of such prequalification process. 8.3.3.6 GC/CM shall comply, and require Subcontractor compliance with, State of Montana Department of Labor & Industry prevailing wage rates as specified in the RFP and as adopted at the time of the solicitation. 8.3.3.7 Owner may at its sole discretion, require GC/CM to re-solicit for Offers based on the same or modified documents. If GC/CM does receive a responsive offer within the initial solicitation, Owner shall be responsible for all cost and schedule overruns due to Owner directed re-solicitation except where cause of re-solicitation is the fault of the GC/CM. 8.3.3.8 GC/CM shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process. 8.3.3.9 The GC/CM will document any and all discussions, questions and answers, modifications and responses to or from any Offeror and ensure that the same are distributed to all Offerors, and Owner shall be entitled to inspect such documentation on request. 8.3.3.10 GC/CM shall determine the lowest Offer for each solicitation that meets GC/CM’s reasonable performance standards for the components of the Work at issue; provided that if GC/CM determines it is unable to execute a suitable subcontract with such Offeror, GC/CM may, with Owner’s prior approval, execute a subcontract with the second-lowest Offeror. This paragraph does not preclude the award of a sub-contract to any Offeror selected as part of a pre-qualification process. 8.3.4 With authorization by Owner, Work may be subcontracted on other than a low price basis, including without limitation, through competitive negotiation. As a condition to its authorization, Owner may require GC/CM's agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to clearly benefit Owner. 8.3.5 GC/CM shall notify Owner in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to Owner's disapproval shall be cause for an increase in the GMP.
8.3.6 GC/CM's subcontracting records shall not be considered public records; provided, however, that Owner and other agencies of the State shall retain the right to audit and monitor the subcontracting
process in order to protect the Owner's interests. 8.4 GC/CM Field Work, Subcontracted/Self-Performed Work by GC/CM. 8.4.1 With consent of the Owner, the GC/CM or its Affiliate may bid and compete for Field Work and/or Subcontracted/Self-Performed Work with its own forces. All field work and/or subcontracting/self-performed work by the GC/CM shall be competitively bid as provided in Article 8. 8.4.2 Except as provided in Article 8, any other portion of the Work proposed to be field work and/or subcontracted/self-performed by the GC/CM, including without limitation provision of any materials, equipment, or supplies, shall be subject to the provisions of Article 8.
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8.4.3 When assembling and using bid packages, for those items for which the GC/CM intends to submit
a competing Offer for Self-Performed Work and after approval by the Owner, such intent must be publicly announced with the solicitation for bids required by this Article, and the Owner notified in writing that this announcement has been made. Any GC/CM competing Offer shall be forwarded to the Owner prior to the bid opening. All Offers for this work shall be publicly available by GC/CM
at an announced time, date, and place as all other offers. GC/CM may propose an alternate delivery method to the Owner for Owner’s review and approval. 8.4.4 For all field work and/or subcontracted/self-performed work, the GC/CM shall at a minimum provide separate project management, foremen, supervision, accounting, etc. as if it were any other separate subcontracting entity, unless prior written approval is granted by the Owner. The GC/CM is expressly prohibited from using the personnel, positions, general conditions costs, and overhead from directly supervising and managing any field work and/or subcontract/self-performed work, unless specific prior written approval is granted by the Owner. 8.5 Protests. GC/CM, acting as an independent contractor, shall include in the competitive process to award all subcontracts, a protest process for Subcontractors and suppliers that are competing Offerors, which process shall be subject to approval by Owner. GC/CM shall be solely responsible for resolving procurement protests of Subcontractors and suppliers. GC/CM shall indemnify, defend, protect and hold harmless Owner from and against any such procurement protests and resulting claims or litigation unless protest exists in whole or in part by the Owner’s actions, directions, or negligence, who shall then share its proportionate responsibility for claims or litigation. GC/CM shall act as an independent contractor, and not an agent of Owner, in connection with any procurement protest. The provisions of this Article are solely for the benefit of Owner, and do not grant any rights or remedies (including third party beneficiary rights) to any Offer or other protester, in connection with any procurement protest or claim. 9. ARTICLE 9 – RECORDS, ACCOUNTING, AUDITING 9.1 Accounting and Audit Access. The GC/CM shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to Owner. Owner and Owner's representatives, including the City of Bozeman’s accountants and auditors, shall be afforded reasonable and regular access to the GC/CM's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the GC/CM shall preserve these for a period of three (3) years after final payment, or for such longer period as may be required by law. 9.2 Periodic and Final Audits. Owner may, at its discretion, perform periodic audits of the Cost of the Work and any other reimbursable costs associated with the Project. Owner intends to conduct a final
audit of reimbursable costs prior to the Contract closeout. The GC/CM shall cooperate fully with Owner in the performance of such audits. Disputes over audit findings or conclusions shall be subject to the process set forth in the General Conditions. 10. ARTICLE 10 – REPRESENTATIONS AND WARRANTIES
10.1 Representations. GC/CM represents and warrants to Owner as of the effective date of this Contract: 10.1.1 it is qualified to do business as a licensed general contractor under the laws of the State of Montana, and has all requisite corporate power and corporate authority to carry on its business as now being conducted;
10.1.2 it has full corporate power and corporate authority to enter into and perform the Contract and to consummate the transactions contemplated hereby; GC/CM has duly and validly executed and
delivered the Contract to Owner and that the Contract constitutes the legal, valid and binding
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obligation of GC/CM, enforceable against GC/CM in accordance with its terms, except as enforceability may be limited or affected by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and by general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at law); 10.1.3 GC/CM's execution and delivery of the Contract and the consummation of the transactions contemplated hereby will not conflict with or result in a material breach of any terms or provisions of, or constitute a material default under, (i) GC/CM's Articles of Incorporation or Bylaws; (ii) any note, bond, mortgage, indenture, license, lease, contract, commitment, agreement or other instrument or obligation to which GC/CM is a party or by which GC/CM may be bound; or (iii) any statute, order, writ, injunction, decree, rule or regulation applicable to GC/CM;
10.1.4 no material consent, approval, authorization, declaration or other order of, or registration or filing with, any court or regulatory authority or any third person is required for the valid execution,
delivery and performance of the Contract by GC/CM or its consummation of the transactions contemplated hereby; 10.1.5 there is no action, proceeding, suit, investigation or inquiry pending that questions the validity of the Contract or that would prevent or hinder the consummation of the transactions contemplated hereby; and, 10.1.6 the GC/CM's Project Manager and Superintendent (if assigned by GC/CM) are duly appointed representatives and each has the authority to bind the GC/CM to any and all duties, obligations and liabilities under the Contract Documents and any Amendments or Change Orders thereto. 11. ARTICLE 11 – MISCELLANEOUS 11.1 Headings. The headings used in the Contract are solely for convenience of reference, are not part of the Contract and are not to be considered in construing or interpreting the Contract. 11.2 Merger. The Contract Documents constitute the entire contract between the parties. No waiver, consent, modification or change of terms of the Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding the Contract. GC/CM, by signature of its representative, hereby acknowledges that it has read the Contract, understands it and agrees to be bound by its terms and conditions. 11.3 Progress Payments. 11.3.1 Progress Payments. Based upon applications for payment submitted pursuant to the General Conditions, Owner shall make progress payments on account of the Preconstruction Fee, Cost of the Work, General Conditions, and GC/CM Fee, less 5% retainage, to the GC/CM as provided below and elsewhere in the Contract Documents. Retainage will not be withheld on Preconstruction Services. A progress payment shall not be considered acceptance or approval of any Work or waiver of any defects therein. 11.3.2 Percentage of Completion. Applications for payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the application for payment. The percentage of completion shall be the lesser of (i) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the GC/CM on account of that portion of the Work for which the GC/CM has made or intends to make actual payment prior to the next application for payment by (b) the share of the GMP allocated to that portion of the Work in the Schedule of Values.
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11.3.3 Calculation of Payment. Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 11.3.3.1 Take that portion of the GMP properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work under the Schedule of Values by the share of the GMP allocated to that portion of the Work in the Schedule of Values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included; 11.3.3.2 Add that portion of the GMP properly allocable to materials and equipment delivered and suitably stored and otherwise in compliance with the General Conditions; 11.3.3.3 Add the GC/CM Fee. The portion of the GC/CM Fee payable shall be an amount that bears the same ratio to GC/CM Fee as the sum of the amounts in the two preceding Clauses bears to the Cost of the Work, but in no event causing the total GC/CM Fee payments to exceed the total GC/CM Fee, except as modified by the Amendments and Change Orders; 11.3.3.4 Subtract the aggregate of previous payments made by and retained by the Owner; 11.3.3.5 Subtract the shortfall, if any, indicated by the documentation required to substantiate prior applications for payment, or resulting from errors subsequently discovered by the Owner in such documentation; 11.3.3.6 Subtract any amounts for which the Owner has withheld or nullified payment as provided in the Contract Documents; and, 11.3.3.7 Subtract 5% retainage on the entire progress payment (with the exception of Pre- Construction Services). 12. ARTICLE 12 – CONTRACT ATTACHMENTS, APPENDICES, EXHIBITS
Exhibit A – GC/CM Request for Proposal
Exhibit B – General Conditions of the Contract
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GENERAL CONDITIONS OF THE CONTRACT
Fire Station #2 Relocation 1. ARTICLE 1 – GENERAL PROVISIONS
1.1. BASIC DEFINITIONS
1.1.1. CONTRACT DOCUMENTS. The Contract Documents consist of the Contract between Owner and Contractor (hereinafter the “Contract”), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Contract and Modifications issued after execution of the Contract. A Modification is: (a) a written amendment to the Contract signed by both parties; (b) a Change Order; (c) a Construction Change Directive; or, (d) a written order for a minor change in the Work issued by the Owner. The Contract Documents shall include the bidding documents and any alterations made thereto by addenda. In the event of a conflict, discrepancy, contradiction, or inconsistency within the Contract Documents and for the resolution of same, the following order of hierarchy and control shall apply and prevail: 1) Contract; 2) Addenda; 3) Pre-Construction Services Conditions; 4) Supplementary General Conditions, if any; 5) General Conditions of the Contract for Construction; 6) Specifications; 7) Drawings 1.1.1.1. If a conflict, discrepancy, contradiction, or inconsistency occurs within or between the Specifications and the Drawings, resolution shall be controlled by the following: 1.1.1.1.1. As between figures, dimensions, or numbers given on drawings and any scaled
measurements, the figures, dimensions, or numbers shall govern; 1.1.1.1.2. As between large scale drawings and small scale drawings, the larger scale
drawings shall govern; 1.1.1.1.3. As between the technical specifications and drawings; the technical specifications
shall govern. 1.1.1.1.4. Shop Drawings and Submittals: Shop drawings and other submittals from the
Contractor, subcontractors, or suppliers do not constitute a part of the Contract Documents. 1.1.1.2. The Contractor acknowledges, understands and agrees that the Contract Documents cannot be changed except as provided herein by the terms of the Contract. No act(s), action(s), omission(s), or course of dealing(s) by the Owner with the Contractor shall alter the requirements of the Contract Documents and that alteration can be accomplished only through a written Modification process defined herein. 1.1.2. THE DRAWINGS. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, intent, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.3. THE SPECIFICATIONS. The Specifications are that portion of the Contract Documents consisting
of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.
1.1.4. THE CONTRACT. The entire Contract for Construction is formed by the Contract Documents. The Contract represents the entire, complete, and integrated agreement between the Owner and
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Contract hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between: (a) the Owner and any Subcontractor, Sub-subcontractor, or Supplier; or, (b) between any persons or entities other than the Owner and Contractor.
1.1.5. THE WORK. The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the Contractor to completely fulfill the Contract and the Contractor's obligations. The Work may constitute the whole or a part of the Project and does not include any Pre-Construction Services.
1.1.6. THE PROJECT. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.
1.1.7. NOTICE TO PROCEED. The term Notice to Proceed means formal written notice to begin performing specific services or acts including Construction Phase services, Pre-Construction
Phase services or any other enumerated service or act set forth in the Contract. The Contract Time will commence to run on the day indicated in the Notice to Proceed.
1.1.8. SITE. The term Site refers to that portion of the property on which the Work is to be performed or which has been otherwise set aside for use by the Contractor. 1.1.9. PUNCH LIST. The term Punch List means, collectively, unfinished items of the construction of the Project, which unfinished items of construction are minor or insubstantial details of construction, mechanical adjustment or decoration remaining to be performed, the non-completion of which would not materially affect the use of the Project, and which are capable of being completed within thirty (30) days of Substantial Completion, subject to the availability of special order parts and materials. By mutual agreement of the Parties, the Punch List may also include other unfinished items that are not capable of being completed within thirty (30) days of Substantial Completion due to environmental conditions beyond the reasonable control of Contractor. 1.2. CORRELATION, INTER-RELATIONSHIP, AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1. The intent of the Contract Documents is to include all items and all effort necessary for the
proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and inter-related, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. It is the Contractor’s responsibility to control the Work under the Contract. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3. CAPITALIZATION
1.3.1. Terms capitalized in these General Conditions include those which are: (a) specifically defined; and, (b) the titles of numbered articles and identified references to Paragraphs, Subparagraphs
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and Clauses in the document. 1.4. INTERPRETATION
1.4.1. In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.
1.4.2. Where the word “days” is used in the Contract Documents, it means calendar days unless otherwise specified. 1.5. EXECUTION OF THE CONTRACT AND CONTRACT DOCUMENTS
1.5.1. The Contract shall be signed by the Owner and Contractor. Execution of the Contract by the Contractor constitutes the complete and irrevocable binding of the Contractor and his Surety to the Owner for complete performance of the Work and fulfillment of all obligations. By execution of the Contract, the Contractor acknowledges that it has reviewed and familiarized itself with all aspects of the Contract Documents and agrees to be bound by the terms and conditions contained therein.
1.5.2. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. 1.5.3. The Contractor acknowledges that it has taken all reasonable actions necessary to ascertain the
nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to: (1) conditions
bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, gas, electric power, phone service, and roads; (3) uncertainties of weather, river
stages, tides, or similar physical conditions at the site; (4) the conformation, topography, and conditions of the ground; and, (5) the character of equipment and facilities needed for
performance of the Work. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory geotechnical work done by the Owner, as well as from the drawings
and specifications made a part of this contract. Any failure of the Contractor to take the action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for
properly ascertaining and estimating the difficulty and cost of successfully performing the Work or for proceeding to successfully perform the Work without additional expense to the Owner. 1.5.4. The Owner assumes no responsibility for any conclusions or interpretations made by the
Contractor based on the information made available by the Owner, nor does the Owner assume responsibility for any understanding reached or representation made by any of its officers, agents, or employees concerning conditions which can affect the Work unless that understanding or representation is expressly stated in the Contract Documents. 1.5.4.1. Performance of any portion of the Work, beyond that required for complying with the specifications and all other requirements of the Contract, shall be deemed to be for the convenience of the Contractor and shall be at the Contractor's sole expense. 1.5.4.2. There shall be no increase in the contract price or time allowed for performance which is for the convenience of the Contractor. 1.6. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER INSTRUMENTS OF SERVICE
1.6.1. The Drawings, Specifications and other documents, including those in electronic form, prepared
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by the Engineer are Instruments of Service through which the Work to be executed by the Contractor is described. 2. ARTICLE 2 – THE OWNER
2.1. THE CITY OF BOZEMAN
2.1.1. The Owner is the City of Bozeman and is the sole entity to be identified as Owner in the Contract and as referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with repect to all matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner or the Owner’s authorized representative. 2.1.2. The observations and participations of the Owner or its authorized representative do not alleviate any responsibility on the part of the Contractor. The Owner reserves the right to observe the work and make comment. Any action or lack of action by the Owner shall not be construed as approval of the Contractor's performance.
2.1.3. The Owner reserves the right to require the Contractor, all sub-contractors and material suppliers to provide lien releases at any time. The Owner reserves the right to withhold progress payments
until such lien releases are received for all work for which prior progress payments have been made. Upon the Owner’s demand for lien releases (either verbally or written), the Contractor,
all sub-contractors and material suppliers shall provide such releases with every subsequent application for payment through Final Acceptance of the Project. 2.1.4. Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.1.5. Information or services required of the Owner by the Contract Documents shall be furnished by the Owner within seven (7) days unless an alternative period is agreed to by the Parties. Any other information or services relevant to the Contractor's performance of the Work under the Owner’s control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.1.6. Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Specifications as are reasonably necessary for execution of
the Work. 2.1.7. Whenever the Contractor is required under the Contract to indemnify the Owner, “Owner” shall mean the City of Bozeman and the City of Bozeman’s officers, elected officials, employees, and agents. 2.2. OWNER’S RIGHT TO STOP WORK
2.2.1. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. However, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. The issuance of a stop work order by the Owner as a result of Contractor’s failure to correct non-conforming work, shall not give rise to a claim by the Contractor or any subcontractor for additional cost, time, or other adjustment.
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2.3. OWNER’S RIGHT TO CARRY OUT THE WORK
2.3.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three- day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and increased costs made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4. OWNER’S RIGHT TO PERSONNEL
2.4.1. The Owner reserves the right to have the Contractor and/or subcontractors remove person(s)
and/or personnel from any and all work on the project with cause but without cost to the Owner. Such requests from the Owner may be made verbally or in writing. Cause may be, but is not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor coordination, disruption to the facility or others, poor management, causes delay or delays, disruption of the Project, will not strictly adhere to facility procedures and Project requirements either knowingly or unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc. The Contractor shall provide replacement person(s) and/or personnel acceptable to the Owner at no cost to the Owner. 2.4.2. Any issue or circumstance relating to or resulting out of this clause shall not be construed or interpreted to be interference with or impacting upon the Contractor’s responsibilities and liabilities under the Contract Documents. 2.4.3. Person(s) and/or personnel who do not perform in accordance with the Contract Documents, shall be deemed to have provided the Owner with cause to have such persons removed from any and all involvement in the Work.
2.4.4. The Contractor agrees to defend, indemnify and hold harmless the Owner from any and all causes of action, demands, claims, damages, awards, attorneys’ fees, and other costs brought
against the Owner by any and all person(s) or personnel as a result of actions under this clause. 3. ARTICLE 3 – THE CONTRACTOR
3.1. GENERAL
3.1.1. The Contractor is the person or entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor or the Contractor's authorized representative and GC/CM as identified in the Pre-Construction Services Conditions. 3.1.2. Construction Contractor Registration: The Contractor is required to be registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being executed by the Owner. A bidder must demonstrate that it has registered or promises that it will register immediately upon notice of award and prior to the commencement of any work. If the prevailing bidder cannot or does not register in time for the Owner to execute the Contract within fifteen (15) days of the date on the notice of award, the Owner may award, at its sole discretion,
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to the next lowest responsible bidder who meets this requirement. The Owner will not execute a contract for construction nor issue a Notice to Proceed to a Contractor who is not registered per 39-9-401(a) MCA. It is solely the Contractor’s responsibility to ensure that all Subcontractors are registered in accordance with Title 39, Chapter 9, MCA. 3.1.3. The Owner’s engagement of the Contractor is based upon the Contractor’s representations that it: 3.1.3.1. has the requisite skills, judgment, capacity, expertise, and financial ability to perform the Work; 3.1.3.2. is experienced in the type of labor and services the Owner is engaging the Contractor to perform; 3.1.3.3. is authorized, licensed and registered to perform the type of labor and services for which it is being engaged in the State and locality in which the Project is located; 3.1.3.4. is qualified, willing and able to perform the labor and services for the Project in the manner and
scope defined in the Contract Documents; and,
3.1.3.5. has the expertise and ability to provide labor and services that will meet the Owner’s objectives, intent and requirements, and will comply with the requirements of all governmental, public, and quasi-public authorities and agencies having or asserting jurisdiction over the Project. 3.1.4. The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.5. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents by tests, inspections or approvals required or performed by persons other than the Contractor. 3.1.6. Quality Control (i.e. ensuring compliance with the Contract Documents) and Quality Assurance (i.e. confirming compliance with the Contract Documents) are the responsibility of the Contractor. Testing, observations, and/or inspections performed or provided by the Owner are solely for the Owner’s own purposes and are for the benefit of the Owner. The Owner is not liable or responsible in any form or fashion to the Contractor regarding quality assurance or extent of such assurances. The Contractor shall not, under any circumstances, rely upon the Owner’s testing or inspections as a substitute or in lieu of its own Quality Control or Assurance programs. 3.2. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
3.2.1. Before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions affecting the Work. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents. However, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Owner as a request for information in such form as the Owner may require. 3.2.2. Except as otherwise expressly provided in this Contract, the Contractor assumes all risks, liabilities, costs, and consequences of performing any effort or work in accordance with any written or oral order (including but not limited to direction, instruction, interpretation, or determination) of a person not authorized in writing by the Owner to issue such an order.
3.2.3. Sufficiency of Contract Documents: Prior to submission of its bid, and in all events prior to and upon signing the Guaranteed Maximum Price Amendment, the Contractor certifies, warrants and guarantees that it has received, carefully reviewed, and evaluated all aspects of the Contract Documents and agrees that said Documents are adequate, consistent, coordinated, and
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sufficient for bidding and constructing the Work requested, intended, conceived, and contemplated therein. 3.2.3.1 The Contractor further acknowledges its continuing duty to review and evaluate the Contract Documents during the performance of its services and shall immediately notify the Owner of any problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions it discovers in the Contract Documents and the Work to be constructed; and, any variances it discovers between the Contract Documents and applicable laws, statutes, building codes, rules or regulations. 3.2.5.2 If the Contractor performs any Work which it knows or should have known due to its experience, ability, qualifications, and expertise in the construction industry, that involves problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions in the Contract Documents and the Work to be constructed and, any variances between the Contract Documents and applicable laws, statutes, building codes, rules or regulations, without prior written notification to the Owner and without prior authorization to proceed from the Owner, the Contractor shall be responsible for and bear the costs and delays (including costs of any delay) of performing such Work and all corrective actions as directed by the Owner. 3.2.5.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor or supplier, to carefully review, evaluate, and become familiar with all aspects of the Contract Documents shall be deemed void and waived by the Contractor. 3.2.6. Sufficiency of Site Conditions: Prior to submission of its bid, and in all events prior to and upon signing the Contract, the Contractor certifies, warrants and guarantees that it has visited, carefully reviewed, evaluated, and become familiar with all aspects of the site and local conditions at which the Project is to be constructed. The Contractor agrees that the Contract Documents are adequate, consistent, coordinated, and sufficient representation of the site and local conditions for the Work. 3.2.6.1 The Contractor certifies it has reviewed and become familiar with all aspects of the Environmental Assessments, the Site Survey and Geotechnical Report for the Project and has a full understanding of the information provided therein, prior to executing the Guaranteed Maximum Price Amendment. 3.2.6.2 If the Work involves modifications, renovations, or remodeling of an existing structure(s) or other man-made feature(s), the Contractor certifies, warrants and guarantees that it has reviewed, evaluated, and become familiar with all available as-built and record drawings, plans and specifications, and has thoroughly inspected and become familiar with the structure(s) or man-made feature(s). 3.2.6.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor or supplier, to visit, carefully review, evaluate, and become familiar with all aspects of the Site, available geotechnical information, and local conditions at which the Project is to be constructed shall be deemed void and waived by the Contractor. 3.3. SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1. The Contractor shall supervise and direct the Work using the Contractor's best skill and
attention recognizing that time and quality are of the essence of the Work. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. It is
the responsibility of and incumbent upon the Contractor to ensure, confirm, coordinate, inspect and oversee all Work (which is inclusive of but not limited to all submittals, change orders,
schedules, workmanship, and appropriate staffing with enough competent and qualified personnel) so that the Work is not impacted in terms of any delays, costs, damages, or additional time, or
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effort on the part of Owner. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and shall not proceed with that portion of the Work without further written instructions from the Owner. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. The Contractor shall: review any specified construction or installation procedure; advise the Owner if the specified procedure deviates from good construction practice; advise the Owner if following the procedure will affect any warranties, including the Contractor's general warranty, or of any objections the Contractor may have to the procedure and shall propose any alternative procedure which the Contractor will warrant and guarantee. 3.3.2. The Contractor shall furnish management, supervision, coordination, labor and services that: (1) expeditiously, economically, and properly completes the Work; (2) comply with all requirements of the Contract Documents; and, (3) are performed in a quality workmanlike manner and in accordance with the standards currently practiced by persons and entities performing or providing comparable management, supervision, labor and services on projects of similar size, complexity, cost, and nature to this Project. However, the standards currently practiced within the construction industry shall not relieve the Contractor of the responsibility to perform the Work to the level of quality, detail, and excellence defined and intended by the Contract Documents. 3.3.3. All services and labor rendered by the Contractor, including any subcontractors or suppliers, shall be performed under the immediate supervision at the site of persons possessing expertise and the requisite knowledge in the discipline or trade of service being rendered. The Contractor shall maintain such supervision and personnel at all times that the Contractor’s personnel, subcontractors, and/or suppliers are at the site. The Contractor shall never be absent from the site during performance of any portion of the Work by any entity under the supervision and direction of the Contractor. Full time attendance by the Contractor from Notice to Proceed through Final Acceptance is an explicit requirement of this Contract. 3.3.4. The Contractor shall be responsible to the Owner for acts, damages, errors, and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.5. The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4. LABOR, WAGES, AND MATERIALS
3.4.1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, permits, licenses, goods, products, equipment, tools, construction equipment and
machinery, water, heat, all utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work in accordance with the Contract Documents, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2. The Contractor may make substitutions only with the consent of the Owner and in accordance with a Change Order. This opportunity to request substitutions does not negate or waive any
requirement for the Contractor to follow a pre-bidding “prior approval” requirement nor obligate the Owner to approve any substitution request.
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3.4.3. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.4 Prevailing Wages and Montana Residents.
3.4.4.1. The Contractor and all subcontractors at any level or tier of the Work shall give preference to the employment of bona fide Montana residents in the performance of the Work and shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. (18-2-403, MCA) 3.4.4.2. The Commissioner of The Montana Department of Labor and Industry (DOLI) has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, MCA. Contractor shall utilize the "State of Montana, Prevailing Wage Rates" in effect at the time of advertising for bids. The Commissioner of the Montana DOLI has established the resident requirements in accordance with 18-2-409, MCA. The Contractor and all subcontractors at any level or tier of the Work shall direct any and all questions concerning prevailing wage and Montana resident issues for all aspects of the Work to DOLI. 3.4.4.3. The Contractor and all subcontractors at any tier or level of the Work, and as determined by the Montana DOLI, shall classify all workers in the project in accordance with the State of Montana, Prevailing Wage Rates. In the event the Contractor is unable to classify a worker in accordance with these rates he shall contact DOLI for a determination of the classification and the prevailing wage rate to be paid. 3.4.4.4. The Contractor and all subcontractors at any tier or level of the Work shall be responsible for obtaining wage rates for all workers prior to their performing any work on the project. The Contractor is required to pay and insure that its subcontractors at any tier or level and others also pay the prevailing wage determined by the DOLI, insofar as required by Title 18 of the MCA and the pertinent rules and standards of DOLI. 3.4.4.5. It is not the responsibility of the Owner to determine who classifies as a subcontractor, sub- subcontractor, material man, supplier, or any other person involved in any aspect of the Work at any tier or level. All such determinations shall be the sole responsibility of the Contractor, subcontractors, sub-subcontractors, material men, suppliers and others involved in the project at any tier or level. The Contractor, subcontractors, sub-subcontractors, material men, suppliers and others involved in the project shall defend, indemnify and hold harmless the Owner from all claims, attorneys’ fees, damages and/or awards involving prevailing wage or Montana resident issues. Any changes to wages or penalties for failure to pay the correct wages will be the sole responsibility of the Contractor and/or his subcontractors and no further charges or claims shall be made to the Owner. If the parties mutually agree or an arbitrator or court determines that any change in wages is due and any part is attributable to the Owner, the Owner's sole liability shall be for the amount of wages ordered only and not for other expenses, charges, penalties, overhead, profit or other mark-ups.
3.4.4.6. In accordance with 18-2-422(1) MCA, each job classification’s standard prevailing wage rate, including fringe benefits, that the contractors and employers shall pay during construction of the project is included herein by both reference to DOLI’s “Building” or ‘Heavy/Highway” schedules, as applicable to the project, and as part of these Contract Documents. 3.4.4.7. The Contractor and every employer, including all subcontractors at any tier or level, is required by 18-2-422(2) MCA to maintain payroll records in a manner readily capable of being certified for submission under 18-2-423 MCA, for a period of not less than 3 years after the contractor's, subcontractor’s, or employer's completion of work on the project or the Final Acceptance by the Owner, whichever is later.
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3.4.4.8. Each contractor is required by 18-2-422(3) MCA to post in a visible and accessible location a statement of all wages and fringe benefits in compliance with 18-2-423.
3.5. WARRANTY AND GUARANTEE
3.5.1. The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and rejected. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.2. The Contractor shall and does hereby warrant and guarantee all work, workmanship, and materials for the full warranty period as specified in the Contract Documents. The warranty period shall be defined as commencing with Substantial Completion (or with each Substantial Completion if there is more than one) of the Project, or any portion thereof, and continuing for one (1) calendar year from the date of Final Acceptance of the entire project by the Owner. The date of Final Acceptance shall be the date of the Owner’s signature on the final request for payment unless otherwise agreed upon in writing for the entire project or any portion thereof, by the Owner and Contractor. 3.5.3. In addition to the one (1) calendar year warranty and guarantee specified in this herein above, the Contractor warrants and guarantees all materials and workmanship for the roofing system for a period of two (2) calendar years from the date of Final Acceptance. This warranty shall cover all labor and materials for roof and roofing finish systems (e.g. flashing, terminations, parapet caps, etc.) repairs from moisture penetration and/or defects in workmanship. 3.5.4. Manufacturer and product warranties and guarantees, as provided by the manufacturer or as
specified in the Contract Documents, are in addition to the Contractor’s warranty. 3.6. TAXES
3.6.1. The Contractor is responsible for and shall pay all sales, consumer, use, and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2. In compliance with 15-50-206 MCA, the Contractor will have 1% of his gross receipts withheld by the Owner from all payments due and sent to the Montana Department of Revenue. Each subcontractor who performs work greater than $5,000 shall have 1% of its gross receipts withheld by the Contractor and sent to the Montana Department of Revenue. The Contractor shall notify the Department of Revenue on the Department’s prescribed form. 3.7. PERMITS, FEES, AND NOTICES
3.7.1. Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract, including but not limited to, the building permit fee and sewer connection fee. Electrical, Plumbing, and Mechanical permit fees shall be paid by Contractor, or related subcontractors responsible for these trades.
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3.7.2. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations, and does so without providing notice to the Owner, the Contractor shall assume responsibility for such Work and shall bear the costs attributable to correction. The Contractor shall be solely responsible to insure that all work it performs is in full compliance with all prevailing and applicable codes and regulations. 3.7.4. If the Contractor encounters conditions at the Site that are (a) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide written notice to the Owner before conditions are disturbed and in no event later than seven (7) days after first observance of the conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify Contractor in writing, stating the reasons. If Contractor disputes the Owner’s determination, Contractor may proceed as provided in Section 4.3. 3.8. ALLOWANCES
3.8.1. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 3.8.2. Unless otherwise provided in the Contract Documents and with specific reference to the calculation and approval of Allowance Work defined in Article 4.10 in the Pre-Construction Services Conditions: 3.8.2.1. Allowances shall cover the cost to the Contractor of labor, materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 3.8.2.2. Contractor's costs for overhead, profit for stated allowance amounts shall be included by the Contractor in the Contract Sum but not in the allowances; 3.8.2.3. Whenever costs within the GMP are more than stated Owner allowances, the Contract Sum
may be adjusted accordingly by Change Order if there is change in the scope of the Project after submission of the GMP. The Contractor shall be responsible for documenting and informing the Owner of any changes in the scope of the Project. If costs are less than stated Owner allowances, the Contract Sum shall be adjusted accordingly by Change Order. If there is a change in scope of the Project, the amount of the Change Order shall reflect the difference between actual costs and the allowances under Clause 3.8.2.1. 3.8.3. Materials and equipment under an allowance shall be selected by the Owner. 3.8.4. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. 3.9. CONTRACTOR’S PERSONNEL
3.9.1. The Contractor shall employ competent personnel, supervisors, project managers, project
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engineers, project superintendent, and all others who shall be assigned to the Work throughout its duration. All personnel assigned by the Contractor to the Work shall possess the requisite experience, skills, abilities, knowledge, and integrity to perform the Work.
3.9.2. The Contractor agrees that the employees identified in the response to GC/CM Request for
Proposal (RFP) shall be fully and completely engaged to the extent stipulated in the Proposal response for the duration of the Project, except for catastrophic events including but not limited to
termination of employment, illness, accident, or death. Any changes in the GC/CM Project Team members or roles should be agreed to with the Owner in writing. 3.9.3. The superintendent and others as assigned shall be in attendance at the Project site during the performance of any and all Work. The superintendent shall represent the Contractor. All communications given to the Contractor’s personnel such as the project manager or the superintendent, whether verbal, electronic or written, shall be as binding as if given to the Contractor. 3.9.4. It is the Contractor’s responsibility to appropriately staff, manage, supervise and direct the Work which is inclusive of the performance, acts, and actions of his personnel and subcontractors. As such, the Contractor further agrees to indemnify and hold harmless the Owner, and to protect and defend both from and against all claims, attorneys’ fees, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of or against the Owner, Contractor, their agents, employees, or any third parties on account of the performance, behavior, acts or actions of the Contractor’s personnel or subcontractors. 3.9.5. Prior to the commencement of any work, the Contractor shall prepare and submit a personnel listing and organizational chart in a format acceptable to the Owner which lists by name, phone number (including cell phone), job category, and responsibility the Contractor’s key/primary personnel who will work on the Project. The Contractor shall promptly inform the Owner in writing of any proposed replacements, the reasons therefore, and the name and qualifications of any proposed
replacements. The Owner shall have the right to reject any proposed replacements without cost or claim being made by the Contractor. The chart shall be provided to the Owner at the time of the pre-construction conference. 3.10. CONSTRUCTION SCHEDULES
3.10.1. The Contractor shall, promptly after being provided the Notice to Proceed with construction, prepare and submit for the Owner's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and per the requirements of the Contract Documents, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor’s schedule shall be in the “Critical Path Method” and shall show the Critical Path of the Work in sufficient detail to evaluate the Contractor’s progress. A request for time extension by the Contractor will not be allowed unless a change in the Work is approved by the Owner and materially affects the Critical Path. It is the Contractor’s responsibility to demonstrate that any time extensions requests materially affect the Critical Path. 3.10.2. The Contractor shall prepare and keep current, for the Owner's approval, a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Owner reasonable time to review submittals. 3.10.3. The Contractor shall perform the Work in accordance with the most recent schedule submitted to the Owner. 3.10.4. The Contractor's operations (including but not limited to the Contractor's forces employed,
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sequences of operations, and methods of operation) at all times during the performance of the contract shall be sufficient to insure the completion of the Work within the specified performance period. 3.10.5. The Critical Path Method Construction Schedule prepared by the Contractor must be in a form that is acceptable to the Owner.
3.10.5.1. The Schedule shall show the estimated progress of the entire Project through the individual time periods allowed for completion of each discipline, trade, phase, section, and aspect of the Work. The Contractor shall provide written reports of all logic and resource loading data with the Schedule and with all updates to the Schedule. 3.10.5.2. The Schedule shall show percent complete, progress to date, project work, and projected time to complete the work for all activities. The percent complete and minor schedule changes, including additions of activities, change orders, construction change directives, changes to sequences of activities and significant changes in activity demands must be shown by a revised Schedule. A written report providing details about the changes and what actions are anticipated to get the work completed in the contractual time period shall be submitted with the revised schedule. 3.10.5.3. The Construction Schedule shall include coordinate dates for performance of all divisions of the Work, including shipping and delivery, off-site requirements and tasks, so the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Acceptance. 3.10.5.4. The Construction Schedule shall include: (i) the required commencement date, the required dates of Substantial Completion(s) and Final Acceptance for the complete Project and all phases (if any); (ii) any guideline and milestone dates required by the Owner or the Contract Documents; (iii) subcontractor and supplier schedules; (iv) a submittal schedule which allows sufficient time for review and action by the Owner; (v) the complete sequence of all construction activities with start and completion dates; and, (vi) required decision dates. 3.10.5.5. By receiving, reviewing, and/or commenting on the Construction Schedule or any portion thereof (including logic), Owner does not assume any of the Contractor’s responsibility or liability that the Schedule be coordinated or complete, or for timely and orderly completion of the Work. 3.10.5.6. Receiving, reviewing, and/or commenting on the Schedule, any portion thereof, or any revision thereof, does not constitute an approval, acknowledgement, or acceptance of any durations, dates, milestones, or performance indicated therein. 3.10.5.7. A printout of the Schedule’s logic showing all activities is required with the Schedule and with all updates to the Schedule. 3.10.6. The Contractor shall review and compare, at a minimum on a weekly basis, the actual status of the Work against its Construction Schedule. 3.10.7. The Contractor shall routinely, frequently, and periodically (but not less than monthly) update and/or revise its Construction Schedule to show actual progress of the Work through the date of the update or revision, projected level of completion of each remaining activity, activities modified since the previous update or revision, and major changes in scope or logic. The updated/revised Schedule shall be accompanied by a narrative report which: (a) states and explains any modifications of the critical path, if any, including any changes in logic; (b) defines problem areas and lists areas of anticipated delays; (c) explains the anticipated impact the change in the critical path or problems and delays will have on the entire Schedule and the completion of the Work; (d)
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provides corrective action taken or proposed; and, (e) states how problems or delays will be resolved in order to deliver the Work by the required phasing milestones (if any), Substantial Completion(s), and Final Acceptance dates. 3.10.8. Delay in Performance: If at any time the Contractor anticipates that performance of the Work will be delayed or has been delayed, the Contractor shall: (1) immediately notify the Owner by separate and distinct correspondence of the probable cause and effect of the delay, and possible alternatives to minimize the delay; and, (2) take all corrective action reasonably necessary to deliver the Work by the required dates. Nothing in this paragraph or the Contract Documents shall be construed by the Contractor as a granting by the Owner of constructive acceleration. The results of failure to anticipate delays, or to timely notify the Owner of an anticipated or real delay, are entirely the responsibility of the Contractor whether compensable or not.
3.10.9. Early Completion: The Contractor may attempt to achieve Substantial Completion(s) on or before
the date(s) required in the Contract. However, such early completion shall be for the Contractor’s sole convenience and shall not create any real or implied additional rights to
Contractor or impose any additional obligations on the Owner. The Owner will not be liable for nor pay any additional compensation of any kind to the Contractor for achieving Substantial
Completion(s) or Final Acceptance prior to the required dates as set forth in the Contract. 3.10.10. Float in Schedule. Any and all float time in the Contractor’s schedule, regardless of the path or activity, shall accrue to the benefit of the Owner and the Work, and not to the Contractor. Float also includes any difference shown between any early completion dates shown on the Contractor’s Schedule for any phasing milestone(s), Substantial Completion(s) or Final Acceptance and the dates or durations as required by the Contract Documents. 3.10.11. Modification of Required Substantial Completion(s) or Final Acceptance Dates: Modification of the required dates shall be accomplished only by duly authorized, accepted, and approved change orders stating the new date(s) with specificity on the change order form. All rights, duties, and obligations, including but not limited to the Contractor’s liability for actual, delay, and/or liquidated damages, shall be determined in relation to the date(s) as modified. 3.11. DOCUMENTATION AND AS-BUILT CONDITIONS AT THE SITE
3.11.1. The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and accurately marked to record current field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Owner at any time and shall be delivered to the Owner upon completion of the Work. 3.11.2. The Owner shall not be required to process final payment until all documentation and data required by the Contract Documents is submitted to and approved by the Owner including, but not limited to,
the As-Built Drawings. The Owner will not process any final request for payment until the Owner has received and verified that the Contractor has performed the requirements pertaining to the as-built drawings. 3.11.3. The as-built drawings shall be neatly and clearly marked during construction to record all deviations, variations, changes, and alterations as they occur during construction along with such supplementary notes and details necessary to clearly and accurately represent the as-built condition. The as-built drawings shall be available at all times to the Owner. 3.12. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1. Definitions:
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3.12.1.1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.1.2. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.1.3. Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.
3.12.2. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Owner is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Owner is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Owner without action. 3.12.3. The Contractor shall review, approve, and submit to the Owner, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within sixty (60) days of being issued the Notice To Proceed unless noted otherwise and shall do so in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Any and all items submitted by the Contractor which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor, or in the opinion of the Owner, have not been reviewed for compliance by the Contractor even if marked as such, may be returned by the Owner without action and shall not result in any accusation or claim for delay or cost by the Contractor. Any submittal that, in the opinion of the Owner, is incomplete in any area or detail may be rejected and returned to the Contractor. It is the responsibility of and incumbent upon the Contractor to ensure and confirm that all submittals are complete, accurate, and in conformance to the Contract Documents prior to submission. 3.12.4. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents and guarantees to the Owner that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.5. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Owner. Should the Contractor, Subcontractors or Sub- subcontractors install, construct, erect or perform any portion of the Work without approval of any requisite submittal, the Contractor shall bear the costs, responsibility, and delay for removal, replacement, and/or correction of any and all items, material, and /or labor. 3.12.6. The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Owner's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Owner in writing of such deviation at the time of submittal and: (1) the Owner has given written approval to the specific deviation as a minor change in the Work; or, (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Owner's approval thereof. 3.12.7. The Contractor shall direct specific attention, in writing or on re-submitted Shop Drawings, Product
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Data, Samples or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice the Owner's approval of a re- submission shall not apply to such revisions.
3.12.8. The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Owner. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this subparagraph, the Owner will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. 3.12.9. Unless noted otherwise in the Contract Documents, the Contractor shall submit to the Owner within sixty (60) days from the date of the Notice To Proceed a minimum of six (6) complete copies of all
shop/setting drawings, schedules, cut sheets, products, product data, and samples required for the complete Work, or as specified within the Contract Documents. Copies shall be reviewed,
marked, stamped and approved on each and every copy by the Contractor prior to submission to the Owner or they shall be returned without review or action. The Owner shall review within seven
(7) days (unless an alternative period is agreed to by the parties), making corrections, rejections, or other actions as appropriate. The Owner’s approval or actions on shop/setting drawings,
schedules, cut sheets, products, product data, or samples shall not relieve the Contractor from responsibility for, nor deviating from, the requirements of the plans and specifications. Any
deviations from the plans and specifications requested or made by the Contractor shall be brought promptly to the attention of the Owner. 3.12.10. Cost for Re-Submissions: the Contractor is responsible for ensuring that all shop drawings,
product data, samples, and submittals contain all information required by the Contract Documents to allow the Owner to take action. The Contractor shall pay the Owner’s cost of reviewing any
submittal item exceeding two reviews for the same item. Such costs shall be deducted from the contract sum by Change Order. The Contractor agrees that any action taken by the Owner is solely
in the Owner’s discretion and is non-negotiable for the purposes of the Owner’s cost recovery for multiple (i.e. more than one) review. 3.13. USE OF SITE
3.13.1. The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. Only materials and equipment which are to be used in the Work shall
be brought to and stored on the Project Site by the Contractor. 3.13.2. The Contractor shall not damage, endanger, compromise or destroy any part of the Project or the site, including but not limited to work performed by others, monuments, stakes, bench marks, survey points, utilities, existing features or structures. The Contractor shall be fully and exclusively responsible for and bear all costs and delays (including and costs of delay) for any
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damage, endangerment, compromise, or destruction of any part of the Project or site.
3.13.3. The Contractor shall coordinate his operations with the Owner in order that the Owner will have maximum use of existing facilities surrounding the area of the Work, as agreed upon, at all times during normal working hours. Contractor further agrees to coordinate his operations so as to avoid interference with the Owner’s normal operations to as great an extent as possible. 3.13.4. Except as may be specifically provided in the Contract Documents, the Contractor shall provide all necessary temporary facilities, including power, water, sanitation, scaffolding, storage, and reasonable security. If Owner makes any such facilities available to Contractor, it is without representation or warranty as to their adequacy for Contractor's use, and Contractor shall indemnify, defend, and hold Owner harmless from and against any claims arising out of Contractor's use of such facilities. 3.13.5. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions. Without limitation of any other provision of the Contract Documents, Contractor shall not interfere with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of the Work or (2) the Building in the event of partial occupancy, as more specifically described in Paragraph 9.9, without prior approval of the Owner. 3.13.6. The Contractor shall, for the duration of this Agreement, maintain all areas used by it in
performance of the contract free from excessive dust as reasonably determined and directed by the Owner, and shall comply with the OSHA standards and those of all other regulatory
agencies, statutes and laws. Industry accepted methods of dust control suitable for the areas involved will be permitted, where such is in compliance with the foregoing and with the approval
of the Owner. No separate payment will be made for dust control beyond what may be previously approved by Owner as a General Condition Cost or as included in as a subcontract
bid package item.
3.13.7. The Contractor shall perform all work in strict conformity with all applicable laws, rules and regulations relating to pollution of any land, stream, and the atmosphere. The Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substances or materials onto the land, or into any stream, river, lake or other body of water including groundwater. 3.13.8. The Contractor shall not permit or suffer the introduction or use of tobacco or any intoxicants, including alcohol or illegal drugs, upon the Project site. 3.14. CUTTING AND PATCHING
3.14.1. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work.
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3.15. WORK HOURS, CLEAN UP, AND SITE CONTROL 3.15.1. Work will be performed in accordance with the Contract Documents and the Bozeman Municipal Code or other applicable law governing the Contractor’s performance of the Work. No delays resulting from compliance with applicable laws or regulations may form the basis for any claim by the Contractor for delay damages or additional compensation or for any extensions of the Contract Time. Daily work hours shall be limited to those stipulated by Bozeman Municipal Code section 16.06.070.2. Normal work hours for Owner’s testing agencies shall be defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. except State or Federal holidays. Contractor shall provide a minimum of 24 hours’ notice to Owner for any testing or inspection that Contractor requires of Owner, or Owner’s designated representatives outside of normal business hours and shall be responsible for payment of same to the appropriate party for off-hours Work. The Contractor must notify the Owner as soon as possible if Work must be performed outside such times in the interest of the safety and protection of persons or property at the Site or adjacent thereto, or in the event of an emergency. In no event shall the Contractor permit Work to be performed at the Site without the presence of the Contractor’s superintendent or person responsible for the protection of persons and property at the Site and compliance with all applicable laws and regulations, if different from the superintendent. 3.15.2. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract during performance of the Work and at the direction of the Owner. Contractor must keep tools, construction equipment, machinery and surplus materials suitably stored when not in use. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.3. The Contractor must comply with the Bozeman Municipal Code (Chpt. 16, Article 6) (Noise) and any successor or substitute provisions covering the regulation of noise. It is the duty of the Contractor to familiarize itself with those provisions and perform the Work in compliance with those provisions. 3.15.4. If the Contractor fails to clean up in a manner reasonably satisfactory to the Owner within forty-eight (48) hours after notice or as otherwise required by the Contract Documents, the Owner may clean the Site and back charge the Contractor for all costs associated with the cleaning.
3.16. ACCESS TO WORK
3.16.1. The Contractor shall provide the Owner access to the Work at all times wherever located. 3.17. ROYALTIES, PATENTS AND COPYRIGHTS
3.17.1. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on
account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner. However, if the Contractor has reason to believe that the
required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Owner. 3.18. INDEMNIFICATION
3.18.1. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless
the Owner, and agents and employees of the Owner (the “Indemnitees”) from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, liabilities (including
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liability where activity is inherently or intrinsically dangerous), or damages of whatever kind or nature connected therewith occasioned by, growing or arising out of or resulting from or in any way related to (a) the negligent, reckless, or intentionally wrongful acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable; provided that the Contractor shall not be required to indemnify the Indemnitees to the extent damages arise out of bodily injury to persons or damage to property caused by or resulting from negligence of the Owner, its agents, officers, or employees, Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an Indemnitee.
3.18.2. Contractor’s indemnity under this Section 3.18 shall be without regard to and without any right to contribution from any insurance maintained by Owner. 3.18.3. In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18.4. Contractor’s obligations under this Section 3.18 shall survive termination of the Contract and completion of the Project. 4. ARTICLE 4 – ADMINISTRATION OF THE CONSTRUCTION CONTRACT 4.1. OWNER’S ADMINISTRATION OF THE CONSTRUCTION CONTRACT 4.1.1. The Owner will provide administration of the Contract as described in the Contract Documents throughout the complete duration of the Project. 4.1.2. The Owner will visit the site at intervals appropriate to the stage of the Contractor's operations to: (1) become generally familiar with the progress and quality of the portion of the Work completed; and,
(2) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Owner
will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Contractor’s Work. The Owner will neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or procedures, for the safety of any person involved in the work, or for the safety precautions and programs in connection
with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 4.1.3. The Owner will not be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.1.4. Communications Facilitating Contract Administration. Communications by and with Subcontractors
and material suppliers shall be through the Contractor to the Owner. Communications by and with separate contractors shall be through the Owner to the Contractor. 4.1.5. The Owner will review and certify the amounts due the Contractor. 4.1.6. The Owner will have authority to reject Work that does not conform to the Contract Documents.
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Whenever the Owner considers it necessary or advisable, the Owner will have authority to require inspection or testing of the Work in accordance with the General Conditions and any applicable technical specification requirements, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
4.1.7. The Owner will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Unless otherwise agreed to by the parties, the Owner's action will be taken
within seven (7) days or such shorter period as is necessary to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Owner's
review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Owner’s review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Owner, of any construction means, methods, techniques, sequences or procedures. The Owner’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.1.8. The Contractor will prepare Change Orders and Construction Change Directives for Owner’s approval. The Contractor will investigate and make recommendations regarding concealed and
unknown conditions as provided in Section 3.7.4. 4.1.9. The Owner will conduct inspections to determine the date or dates of Substantial Completion(s) and the date of Final Acceptance, will receive written warranties and related documents required by the Contract and assembled by the Contractor. 4.1.10. The Owner's observations or inspections do not alleviate any responsibility on the part of the Contractor. The Owner reserves the right to observe and inspection the work and make comment. Action or lack of action following observation or inspection is not to be construed as approval of Contractor's performance. 4.2. CLAIMS AND DISPUTES
4.2.1. Definition. A Claim is a written demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extensions of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes, controversies, and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest solely with the party making the Claim. 4.2.1.1 Time Limits on Claims. Claims by either party must be initiated within twenty-one (21) days after occurrence of the event giving rise to such claim. The following shall apply to the initiation of a claim: 4.2.1.1.1. A written notice of a claim must be provided to the other party within twenty-one (21) days after the occurrence of the event or the claim is waived by the claiming party and void in its entirety. 4.2.1.1.2. Claims must be initiated by separate, clear, and distinct written notice within the twenty-one (21) day time frame to the other party and must contain the notarized statement
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in Sub-Paragraph 4.3.1.5 when the claim is made by the Contractor. Discussions in any form with the Owner, whether at the site or not, do not constitute initiation of a claim. Notes in project meeting minutes, email correspondence, change order proposals, or any other form of documentation does not constitute initiation of a claim. The written notice must be a separate and distinct correspondence provided in hardcopy to the Owner and must delineate the specific event and outline the causes and reasons for the claim whether or not cost or time have been fully determined. Written remarks or notes of a generic nature are invalid in their entirety. Comments made at progress meetings, project site visits, inspections, emails, voice mails, and other such communications do not meet the requirement of providing notice of claim. 4.2.1.1.3. Physical Injury or Physical Damage. Should the Owner or Contractor suffer physical injury or physical damage to person or property because of any error, omission, or act of the other party or others for whose acts the other party is legally and contractually liable, claim will be made in writing to the other party within a reasonable time of the first observance of such physical injury or physical damage but in no case beyond thirty (30) days of the first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. In all such cases, the indemnification provisions of the Contract shall be effectual and the Contractor’s insurance shall be primary and in full effect.
4.2.1.2. All Claims must contain sufficient justification and substantiation with the written notice or they may be rejected without consideration by the other party with no additional impact or consequence to the Contract Sum, Contract Time, or matter(s) in question in the Claim. 4.2.1.3. If additional compensation is claimed, the exact amount claimed and a breakdown of that amount into the following categories shall be provided with each and every claim:
4.2.1.3.1. Direct costs (as listed in Subparagraph 7.3.9.1 through 7.3.9.5); 4.2.1.3.2. Indirect costs (as defined in Paragraph 7.2.5); and, 4.2.1.3.3. Consequential items (i.e. time extensions, credits, logic, reasonableness, impacts, disruptions, dilution) for the change. 4.2.1.4 If additional time is claimed the following shall be provided with each and every claim: 4.2.1.4.1 The specific number of days and specific dates for which the additional time is sought; 4.2.1.4.2 The specific reasons, causes, and/or effects whereby the Contractor believes that additional time should be granted; and, 4.2.1.4.3 The Contractor shall provide analyses, documentation, and justification of its claim for additional time in accordance with the latest Critical Path Method schedule in use at the time of event giving rise to the claim.
4.2.1.5 With each and every claim, the Contractor shall submit to the Owner a notarized statement containing the following language: “Under penalty of law (including perjury and/or false/fraudulent claims against the
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State), the undersigned,
(Name) (Title) Of (Company) hereby certifies, warrants, and guarantees that this claim made for Work on this
Contract is a true statement of the costs, adjustments and/or time sought and is fully documented and supported under the contract between the parties.
(Signature) (Date)” 4.2.2. Continuing Contract Performance.
4.2.2.1. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of
the Contract and the Owner shall continue to make payments in accordance with the Contract Documents on the portion of the Work not involved in a Claim. 4.2.3. Claims for Cost or Time for Concealed or Unknown Conditions. 4.2.3.1 If conditions are encountered at the site which are: (a) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract Documents; or, (b) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be
given to the other party promptly before conditions are disturbed. 4.2.3.2 The Owner and Contractor will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance
of any part of the Work, Contractor will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall so notify the Contractor in writing, stating
the reasons. Claims by the Contractor in opposition to such determination must be made within twenty-one (21) days after the date of the Owner’s decision. 4.2.3.3 If the conditions encountered are materially different, the Contract Sum and Contract Time shall
be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be subject to further proceedings pursuant to Paragraph 4.4. 4.2.3.4 Nothing in this paragraph shall relieve the Contactor of its obligation to adequately and sufficiently investigate, research, and examine the site, the site survey, topographical
information, and the geotechnical information available whether included by reference or fully incorporated in the Contract Documents. 4.2.4. Claims for Additional Cost. 4.2.4.1 If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as
provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6.
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4.2.4.2 If the Contractor believes additional cost is involved for reasons including but not limited to: (a) an order by the Owner to stop the Work solely for the Owner’s convenience or where the Contractor was not at least partially at fault; (b) a written order for a minor change in the Work issued by the Owner; (c) failure of payment by the Owner per the terms of the Contract; (d) termination of the Contract by the Owner; or, (e) other reasonable grounds, Claim must be filed in accordance with Paragraph 4.3. 4.2.5. Claims for Additional Time 4.3.5.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as specified in these General Conditions shall be provided along with the notarized certification. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay for the same event or cause only one Claim is necessary. However, separate and distinct written notice is required for each separate event. 4.3.5.2. Weather Delays: 4.2.5.2.1 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction activities. 4.2.5.2.2 Inclement or adverse weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The Owner may grant an extension of time if an unavoidable delay occurs as a result of inclement/severe/adverse weather and such shall then be classified as a “Delay Day”. Any and all delay days granted by the Owner are and shall be non-compensable in any manner or form. The Contractor shall comply with the notice requirements concerning instances of inclement/severe/adverse weather before the Owner will consider a time extension. Each day of inclement/severe/adverse weather shall be considered a separate instance or event and as such, shall be subject to the notice requirements. 4.2.5.2.3 An “inclement”, “severe”, or “adverse” weather delay day is defined as a day on which the Contractor is prevented by weather or conditions caused by weather resulting immediately there from, which directly impact the current controlling critical-path operation or operations, and which prevent the Contractor from proceeding with at least 75% of the normal labor and equipment force engaged on such critical path operation or operations for at least 60% of the total daily time being currently spent on the controlling operation or operations. 4.2.5.2.4 The Contractor shall consider normal/typical/seasonal weather days and conditions caused by normal/typical/seasonal weather days for the location of the Work in the planning and scheduling of the Work to ensure completion within the Contract Time. No time extensions will be granted for the Contractor’s failure to consider and account for such weather days and conditions caused by such weather for the Contract Time in which the Work is to be accomplished. 4.2.5.2.5 A “normal”, “typical”, or “seasonal” weather day shall be defined as weather that can be reasonably anticipated to occur at the location of the Work for each particular month involved in the Contract Time. Each month involved shall not be considered individually as it relates to claims for additional time due to inclement/adverse/severe weather but shall consider the entire Contract Time as it compares to normal/typical/seasonal weather that is reasonably anticipated to occur. Normal/typical/seasonal weather
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days shall be based upon U.S. National Weather Service climatic data for the location of the Work or the nearest location where such data is available. 4.2.5.2.6 The Contractor is solely responsible to document, prepare and present all data and justification for claiming a weather delay day. Any and all claims for weather delay days shall be tied directly to the current critical-path operation or operations on the day of the instance or event which shall be delineated and described on the Critical- Path Schedule and shall be provided with any and all claims. The Contractor is solely responsible to indicate and document why the weather delay day(s) claimed are beyond those weather days which are reasonably anticipated to occur for the Contract Time. Incomplete or inaccurate claims, as determined by the Owner, may be returned without consideration or comment. 4.2.5.3 Where the Contractor is prevented from completing any part of the Work with specified durations or phases due to delay beyond the control of both the Owner and the Contractor, an extension of the contract time or phase duration in an equal amount to the time lost due to such delay shall be the Contractor’s sole and exclusive remedy for such delay. 4.2.5.4 Delays attributable to and/or within the control of subcontractors and suppliers are deemed to be within the control of the Contractor. 4.2.5.5 In no event shall the Owner be liable to the Contractor, any subcontractor, any supplier, Contractor’s surety, or any other person or organization, for damages or costs arising out of or resulting from: (1) delays caused by or within the control of the Contractor which include but are not limited to labor issues or labor strikes on the Project, federal, state, or local jurisdiction enforcement actions related directly to the Contractor’s Work (e.g. safety or code violations, etc.); or, (2) delays beyond the control of both parties including but not limited to fires, floods, earthquakes, abnormal weather conditions, acts of God, nationwide material shortages, actions or inaction by utility owners, emergency declarations by federal, state, or local officials enacted in the immediate vicinity of the project. 4.2.6. Claims for Consequential Damages. 4.2.6.1 The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 4.2.6.1.1 damages incurred by the Owner for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and, 4.2.6.1.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, income, and for loss of profit. 4.2.6.2 This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this waiver of consequential damages shall be deemed to preclude an award of liquidated or actual damages, when applicable, in accordance with the requirements of the Contract Documents. 4.3. RESOLUTION OF CLAIMS, DISPUTES, AND CONTROVERSIES
4.3.1. Either party may submit a Claim to the other party in accordance with the Contract. After submission of the Claim, the parties will attempt in good faith to resolve the Claim through negotiation.
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4.3.2. Any Claim arising out of or related to the Contract, except those already waived in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall be subject to mediation or the institution of legal or equitable proceedings. Claims waived in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4, and 9.10.5 are deemed settled, resolved, and completed. 4.3.3. A Claim subject to or related to liens or bonds shall be governed by applicable law regarding notices, filing deadlines, and resolution of such Claim prior to any resolution of such Claim by mediation, or by arbitration, except for claims made by the Owner against the Contractor’s bonds. 4.3.4. Pending final resolution of a Claim including mediation, arbitration (if mutually agreed to by the Parties), or court proceedings, unless otherwise mutually agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract on Work or amounts not in dispute. 4.4. MEDIATION
4.4.1. Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall, thirty (30) days after submission of the Claim to the other party and the party’s inability to resolve the claim through good faith negotiations, be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. 4.4.2. The parties shall endeavor to resolve their Claims by mediation administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members, and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the Claim is made in lieu of a DRB. 4.4.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.5. ARBITRATION
4.5.1. Any controversy or Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5, may, thirty (30) days after submission of the Claim to the other party, be submitted to arbitration provided both parties mutually agree in writing to submit the Claim to arbitration. Prior
to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5.
4.5.2. In the event the parties agree to utilize an arbitration process, it shall be conducted in accordance with the Montana Uniform Arbitration Act (MUAA). To the extent it does not conflict with the MUAA, the Construction Industry Arbitration Rules of the American Arbitration Association shall apply except as modified herein. The parties to the arbitration shall bear their own costs and expenses for participating in the arbitration. Costs of the Arbitration panel shall be borne equally between the parties except those costs awarded by the Arbitration panel (including costs for the arbitration itself). 4.5.3. Prior to the arbitration hearing all parties to the arbitration may conduct discovery subject to the provisions of Montana Rules of Civil Procedure. The arbitration panel may award actual damages
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incurred if a party fails to provide full disclosure under any discovery request. If a party claims a right of information privilege protected by law, the party must submit that claim to the arbitration panel for a ruling, before failing to provide information requested under discovery or the arbitration panel may award actual damages. 4.5.4. The venue for all arbitration proceedings shall be the seat of the county in which the work occurs or the Eighteenth Judicial District, Gallatin County, as determined solely by the Owner. Arbitration shall be conducted by a panel comprised of three members with one selected by the Contractor, one selected by the Owner, and one selected by mutual agreement of the Owner and the Contractor. 4.5.5. A request for arbitration shall be made within the time limits specified in Subparagraphs 4.4.5. In no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.6. Limitation on Consolidation or Joinder. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor, or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.5.7. Claims and Timely Assertion of Claims. The party filing a request for arbitration must assert in the request all Claims then known to that party on which arbitration is permitted to be demanded. 4.5.8. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that the arbitrator(s) shall have authority to award to either party some or all of the costs and expenses involved, including attorney’s fees. 5. ARTICLE 5 – SUBCONTRACTORS
5.1. DEFINITION
5.1.1. A Subcontractor is a person or entity who has a direct or indirect contract at any tier or level with the Contractor or any Subcontractor to the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.2. AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1. Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor,
as soon as practicable after award of the Contract and in no instance later than thirty (30) days after award of the Contract, shall furnish in writing to the Owner the names of persons or
entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply to
the Contractor in writing stating whether or not the Owner, after due investigation, has reasonable objection to any such proposed person or entity.
5.2.2. The Contractor shall not contract with a proposed person or entity to which the Owner has
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made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3. If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4. The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner makes reasonable objection to such substitute. The Contractor shall not change or substitute for a Subcontractor who was required to be listed on the bid without first getting the approval of the Owner. 5.3. SUBCONTRACTUAL RELATIONS
5.3.1. By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.3.2. Upon written request by the Owner, the Contractor shall require its subcontractors to provide to it performance and payment securities for their portion of the Work in the types and form defined
in statute (18-2-201 and 18-2-203 MCA) for all sub-contractual agreements. 5.3.3. The Contractor shall prepare a Subcontractors’ and Suppliers’ chart in a format acceptable to the Owner which lists by name, all contact information, job category, and responsibility the Contractor’s Subcontractors (at all tiers or levels) and Suppliers with a pecuniary interest in the Project of greater than $5,000.00. The chart shall be provided to the Owner at the time of the pre-construction conference but no less than thirty (30) days after receiving the Notice to Proceed for construction. 5.3.4. All Contractors and Subcontractors to this contract must comply with all Montana Department of Labor and Industry requirements, regulations, rules, and statutes. 5.3.5. In compliance with state statutes, the Contractor will have the 1% Gross Receipts Tax withheld from all payments. Each "Public Contractor" includes all Subcontractors with contracts greater than $5,000 each. The Contractor and all Subcontractors will withhold said 1% from payments made to all Subcontractors with contracts greater than $5,000.00 and make it payable to the Montana Department of Revenue. The Contractor and all Subcontractors shall also submit documentation of all contracts greater than $5,000.00 to the Montana Department of Revenue on the Department’s
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prescribed form. 5.4. CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1. Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 5.4.1.1. assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and, 5.4.1.2. assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2. Upon such assignment, if the Work has been suspended for more than thirty (30) days as a result of the Contractor’s default, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. Such adjustment shall be at the expense of the Contractor. 5.4.3. The Contractor shall engage each of its subcontractors and suppliers with written contracts that preserve and protect the rights of the Owner and include the acknowledgement and agreement of each subcontractor and supplier that the Owner is a third-party beneficiary of their sub-contractual and supplier agreements. The Contractor’s agreements shall require that in the event of default by the Contractor or termination of the Contractor, and upon request of the Owner, the Contractor’s subcontractors and suppliers will perform services for the Owner. 5.4.4. Construction Contractor Registration: All Subcontractors at any tier or level are required to be registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being executed by the Owner. Subcontractors shall demonstrate to the Contractor that it has registered or promises that it will register immediately upon notice of award and prior to the commencement of any work. 6. ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1. OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.
6.1.3. The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.
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6.1.4. Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
6.2. MUTUAL RESPONSIBILITY
6.2.1. The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2. If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3. The Contractor shall reimburse the Owner for costs the Owner incurs which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. 6.2.4. The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5. The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.2.6. If a Subcontractor or separate contractor initiates legal or other proceedings against the Owner on account of damage alleged to have been caused by the Contractor or its employees, agents, or subcontractors, the Owner shall notify the Contractor who shall defend such proceedings at its own expense, and if judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the Owner for attorneys’ fees and court or other costs which the Owner has incurred over and above those paid for directly by the Contractor. 6.3. OWNER'S RIGHT TO CLEAN UP
6.3.1. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will determine the responsibility of those involved and allocate the cost accordingly. 7. ARTICLE 7 – CHANGES IN THE WORK
7.1. GENERAL
7.1.1. Changes in the Work may be accomplished after execution of the Contract, and without invalidating
the Contract, by Change Order, Construction Change Directive, or order for a minor change in the Work subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Minor changes as ordered by the Owner has the definition provided in Paragraph 7.4.
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7.1.2. A Change Order shall be based upon agreement between the Owner and Contractor; a Construction Change Directive requires agreement by the Owner and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone. 7.1.3. Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. 7.1.4. No act, omission, or course of dealing, shall alter the requirement that Change Orders or Construction Change Directives shall be in writing and signed by the Owner, and that Change Orders and Construction Change Directives are the exclusive method for effecting any adjustment to the Contract. The Contractor understands and agrees that neither the Contract Sum nor the Contract Time can be changed by implication, oral agreement, verbal directive, or unsigned Change Order. 7.2. CHANGE ORDERS 7.2.1. A Change Order is a written instrument prepared by the Contractor and signed by the Owner and Contractor, stating their agreement upon all of the following: 7.2.1.1. change in the Work; 7.2.1.2. the amount of the adjustment, if any, in the Contract Sum; and, 7.2.1.3. the extent of the adjustment, if any, in the Contract Time. 7.2.2. The cost or credit to the Owner resulting from a change in the Work shall be determined as
follows:
7.2.2.1. per the limitations of this Subparagraph, plus a maximum total combined allowance of 5.0% for overhead and profit for the GCCM. The allowance for overhead and for profit are limited to the percentage as specified herein unless they are determined to be unreasonable by the Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change Directive; or, 7.2.2.2. by one of the methods in Subparagraph 7.3.4, or as determined by the Owner per Subparagraph 7.3.9, plus a maximum total combined allowance of 5.0% for overhead and profit for the GC/CM. Subcontractors shall be limited to a maximum total combined allowance of 15.0% for overhead and profit. The allowances for overhead and for profit are limited to the percentages as specified herein unless they are determined to be unreasonable by the Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change Directive. 7.2.2.3. The Contractor’s proposed increase or decrease in cost shall be limited to costs listed in Subparagraph 7.3.9.1 through 7.3.9.5. 7.2.3. The Contractor shall not submit any Change Order, response to requested cost proposals, or requested changes which are incomplete and do not contain full breakdown and supporting documentation in the following three areas: 7.2.3.1. Itemized direct costs (only those listed in Subparagraph 7.3.9.1 through 7.3.9.5 are allowable); 7.2.3.2. Itemized indirect costs (limited as a percentage on each Change Order per Supplementary General Conditions, Paragraph 7.2.2); and
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7.2.3.3. Itemized consequential items (e.g. time extensions, credits, logic, reasonableness, impacts, disruptions, dilution). 7.2.3.4. The Contractor shall provide a complete description detailing and summarizing all work involved. 7.2.4. Any Change Order, responses to requested proposals, or requested changes submitted by the Contractor which, in the opinion of the Owner, are incomplete, may be rejected and returned to the Contractor without comment. It is the responsibility of and incumbent upon the Contractor to ensure and confirm that all Change Orders, responses to requested proposals, or requested changes are complete prior to submission. 7.2.5. Overhead, applicable to all areas and sections of the Contract Documents, means “Indirect Costs” as referenced in Subparagraph 7.2.3.2. Indirect costs are inclusive of, but not limited to, the following: home office overhead; off-site supervision, except as directly related to the work; home office project management, except as directly related to the work; effects of disruption and dilution of management and supervision off-site; time delays; coordination of trades; postage and shipping; and, effective increase in guarantee and warranty durations. Indirect costs applicable to any and all changes in the work, either through Change Order or Construction Change Directive, are limited to the percentage allowance for overhead in Subparagraph 7.2.2. 7.2.6. By signature on any Change Order, the Contractor certifies that the signed Change Order is complete and includes all direct costs, indirect costs and consequential items (including additional time, if any) and is free and clear of all claims or disputes (including, but not limited to, claims for additional costs, additional time, disruptions, and/or impacts) in favor of the Contractor, subcontractors, material suppliers, or other persons or entities concerning the signed change order and on all previously contracted Work and does release the Owner from such claims or demands. 7.2.7. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor as a result of a Change Order shall require documentation and justification for the adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path Schedule in use prior to the change. Changes which affect or concern activities containing float or slack time (i.e. not on the critical path) and which can be accomplished within such float or slack time, shall not result in an increase in the Contract Time. 7.2.8. Supervision means on-site, field supervision and not home office overhead, off-site management or off- site supervision, except as directly related to the work. 7.2.9. Labor means those persons engaged in construction occupations as defined in Montana Prevailing Wage Rates for Building Construction or Heavy/Highway as bound in the Contract Documents and does not include design, engineering, superintendence, management, on-site field supervision, home office or other off-site management, off-site supervision, office or clerical work. 7.2.10. No such change is effective until the Owner and Contractor sign the Change Order. 7.3. CONSTRUCTION CHANGE DIRECTIVES
7.3.1. A Construction Change Directive is a written order prepared and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor as a result of a Construction Change Directive, shall require documentation and justification for the adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path
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Schedule in use prior to the change. Changes that affect or concern activities containing float or slack time (i.e. not on the critical path) and which can be accomplished within such float or slack time shall not result in an increase in the Contract Time. 7.3.3. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order. 7.3.4. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 7.3.4.1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 7.3.4.2. unit prices stated in the Contract Documents or subsequently agreed upon; 7.3.4.3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 7.3.4.4. by actual cost as shown by the Contractor's and Subcontractor's itemized invoices; or 7.3.4.5. as provided in Subparagraph 7.3.9. 7.3.5. Costs shall be limited to the following: cost of materials, including cost of delivery; cost of labor, including social security, old age and unemployment insurance and fringe benefits under collective bargaining agreements; workers' compensation insurance; bond premiums; and rental value of power tools and equipment. 7.3.6. Overhead and profit allowances shall be limited on all Construction Change Directives to those identified in 7.2.2. 7.3.7. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the Owner of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the
proposed adjustment in the Contract Sum or Contract Time. 7.3.8. A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.9. If the Contractor does not respond or disagrees with the method for adjustment in the Contract Sum in writing within seven (7) days, the method and the adjustment made shall be determined by the Owner on the basis of reasonable expenditures and/or savings of those performing the Work directly attributable to the change including, in the case of an increase in the Contract Sum, plus an allowance for overhead and profit as listed under Subparagraph 7.2.2. In such case, and also under Clause 7.3.4.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.9 shall be limited to the following: 7.3.9.1. costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance as determined by the Prevailing Wage Schedules referenced in the Contract Documents; 7.3.9.2. costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;
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7.3.9.3. rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; 7.3.9.4. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and,
7.3.9.5. additional costs of field supervision and field office personnel directly attributable to the change. 7.3.10. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.11. Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Owner will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.12. When the Owner and Contractor reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. 7.4. MINOR CHANGES IN THE WORK
7.4.1. The Owner may order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 8. ARTICLE 8 – TIME
8.1. DEFINITIONS
8.1.1. Time is of the essence in performance, coordination, and completion of the Work contemplated herein. The Owner may suffer damages if the Work is not completed as specified herein. When any duration or time period is referred to in the Contract Documents by days, the first day shall be determined as the day following the current day of any event or notice starting a specified duration. 8.1.2. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.3. The date of commencement of the Work is the date established in the NOTICE TO PROCEED AS ISSUED BY THE OWNER. 8.1.4. The date the Contractor reaches Substantial Completion is the date certified by the Owner in accordance with Paragraph 9.8.
8.1.5. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
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8.1.6. Liquidated Damages. The GC/CM acknowledges that the Owner will sustain damages as a result of the GC/CM's failure to substantially complete the Project in accordance with the Contract Documents. These damages may include, but are not limited to delays in completion, use of the Project, engineering costs to complete the Project, and costs associated with Contract administration and use of temporary facilities. The GC/CM and the Owner acknowledge that the actual amount of damages would be difficult to determine accurately and agree that that the following liquidated damages figure represents a reasonable estimate of such damages and is not a penalty:
8.1.6.1 The Contractor and his surety shall be liable for and shall pay to the Owner the sums hereinafter
stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: One Thousand Dollars ($1000.00). 8.1.7. The Contractor shall not be charged liquidated or actual damages when delay in completion of the Work is due to: 8.1.7.1. Any preference, priority or allocation order issued by the government; 8.1.7.2. Unforeseeable cause beyond the control and without the fault or negligence of the Contractor, such as acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. All such occurrences resulting in delay must be documented and approved by Change Order; or, 8.1.7.3. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in 8.1.7.1
and 8.1.7.2 of this article. 8.1.8. The Contractor is completely obligated and responsible to provide written notice of each day of delay as provided for in Paragraph 4.3. If delays to the Project are encountered for any reason,
the GC/CM and Owner shall collaborate and mutually take reasonable steps to mitigate the effects of such delays, regardless of cause or fault. In order to mitigate the effects of delays, it
is incumbent upon and the responsibility of the GC/CM to provide notification of delays as provided in Paragraph 3.10.8. The Owner may require the GC/CM to accelerate its Work or Services by
increasing workers and equipment, working overtime, or scheduling additional shifts. If the GC/CM is behind schedule for reasons other than delays beyond the control of both parties as provided
in Paragraph 4.5.3.5 or compensable delays, the acceleration costs will be borne by the GC/CM, who may allocate Contractor’s Contingency in payment of such costs. If the GC/CM is directed to
accelerate to overcome an Owner-caused delay that would otherwise entitle the GC/CM to an extension of the Contract Time and/or additional compensation, then the corresponding cost
increase of acceleration shall be attributable to the Owner.
8.1.9. Contract Time. All work shall reach Substantial Completion (or Final Acceptance) by the date fixed in the Guaranteed Maximum Price Amendment.
8.2. PROGRESS AND COMPLETION
8.2.1. Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract the Contractor confirms that the Contract Time is a reasonable period for performing
the Work. 8.2.2. The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the date on the Notice to
Proceed and in no case prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance.
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8.2.3. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4. If the Contractor falls behind the latest construction schedule by more than fourteen (14) days through its own actions or inaction, neglect, inexperience, lack of oversight and management of the Work including that of any Subcontractors, written notice to the Owner shall be provided within three (3) days with explanation of how the Contractor intends to get back on schedule. Response to getting back on schedule consists of providing a sufficient number of qualified workers and/or proper materials or an acceptably reorganized schedule to regain the lost time in a manner acceptable to the Owner. 8.2.5. Completion of the work within the stated time and/or by the date stated on the Notice to Proceed is
of the essence of this Contract and failure to complete, without approved time extension, may be considered default of the Contract. At the time for completion as stated on the Notice to Proceed or as extended by approved change order, if the work is not substantially complete, the Owner may notify the Contractor and the Contractor’s surety company in writing of the recourse the Owner intends to take, within the Contract, to assess liquidated damages and /or cause the Work to be completed. 8.3. DELAYS AND EXTENSIONS OF TIME
8.3.1. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or
neglect of the Owner, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in deliveries, unavoidable
casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation or other alternative dispute resolution (“Excusable Delay”), then the Contract
Time shall be extended by Change Order for such reasonable time as the Owner and Contractor may agree. 8.3.2. Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3. This Paragraph 8.3 does not preclude recovery of damages for delay by either party under
other provisions of the Contract Documents. 9. ARTICLE 9 – PAYMENTS AND COMPLETION
9.1. CONTRACT SUM
9.1.1. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract
Documents. 9.2. SCHEDULE OF VALUES
9.2.1. Before the first Application for Payment, the Contractor shall submit to the Owner a schedule of values allocating the entire Contract Sum to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3. APPLICATIONS FOR PAYMENT
9.3.1. The Contractor shall submit to the Owner itemized Applications for Payment for Work completed on a monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment must be consistent with the Schedule of Values. Such application shall be signed and supported by such data substantiating the Contractor's right to payment as the Owner may
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require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents.
9.3.2. The form of Application for Payment must be AIA Document G702, Application and Certificate for Payment, supported by AIA Document G703, Continuation Sheet (latest edition), or such other form as may be mutually agreed to by the Owner and Contractor. The application must be notarized and supported by sufficient data to demonstrate the Contractor’s right to payment and compliance
with the payment provisions of the Contract to the satisfaction of the Owner, such as copies of requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other documents. Each Application for Payment must reflect approved Contract Modifications and the Contract retainage provided for in the Contract Documents.
9.3.3. As provided in Subparagraph 7.3.11, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. 9.3.4. Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier. 9.3.5. Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.6. The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.7. Until the Work is complete, the Owner will pay 95% of the amount due the Contractor on account of progress payments. For purposes of this section, “complete” shall mean (a) the Contractor has fully performed the Contract; (b) the Contractor has completed all Punch List items to the satisfaction of the Owner; (c) the Contractor has delivered to the Owner all Project close-out documents in duplicate; and (d) the applicable governmental authorities have issued to the Owner the final use and occupancy permit for the Project. 9.3.7.1. If the Work and its progress are not in accordance with all or any part, piece, or portion of the Contract Documents, the Owner may, at its sole discretion and without claim by the Contractor, increase the amount held as retainage to whatever level deemed necessary to effectuate performance and progress of the Work, for anticipated repairs, warranties or completion of the Work by the Contractor or through the letting of other contracts. The Contractor will not be entitled to additional costs, expenses, fees, time, and such like, in the event the Owner increases the amount held as retainage due to non-compliance and/or non-performance with all or any part, piece, or portion of the Contract Documents. 9.3.7.2. Prior to the first Application for Payment, the Contractor shall submit the following information
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on the appropriate forms: 9.3.7.2.1. Schedule of Values: This form shall contain a breakdown of the Bid Packages and/or other costs associated with the various portions of the Work and shall be the basis for the progress payments to the Contractor. 9.3.7.2.2. Project/Progress Schedule: If no Schedule (or revised Schedule) is provided with each and every Application for Payment, the Owner may return the pay request, or hold it, and may choose not pay for any portion of the Work until the appropriate Schedule, indicating all changes, revisions and updates, is provided. No claim for additional costs or interests will be made by the Contractor or any subcontractor on account of holding or non-payment of the Periodic Estimate for Partial Payment request. 9.3.7.3. The Contractor may submit obligations/securities in a form specified in 18-1-301 Montana Code Annotated (MCA) to be held by a Financial Institution in lieu of retainage by the Owner. The Owner will establish the amount that would otherwise be held as retainage. Should the Contractor choose to submit obligations/securities in lieu of retainage, the Owner will require the Financial Institution to execute the Owner’s Account Agreement for Deposit of Obligations Other Than Retainage on such form as shall be acceptable to the City Attorney prior to submission of any obligations/securities in accordance with 18-1-302 MCA. The Contractor must extend the opportunity to participate in all obligations/securities in lieu of retainage on a pro rata basis to all subcontractors involved in the project and shall be solely responsible for the management and administration of same. The Owner assumes no liability or responsibility from or to the Contractor or Subcontractors regarding the latter’s participation. 9.3.7.4. In the Application for Payment, the Contractor must certify in writing that, in accordance with contractual arrangements, Subcontractors and suppliers (a) have been paid from the proceeds of previous progress payments; and (b) will be paid in a timely manner from the proceeds of the progress payment currently due. In the event the Contractor has not paid or does not pay as certified, such failure constitutes a ground for termination under Section 14.2, unless Owner agrees in Owner’s sole discretion that Contractor has a reasonable basis for not having made the payment. 9.4. OWNER’S APPROVAL OF APPLICATIONS FOR PAYMENT
9.4.1. The Owner will, within seven (7) days after receipt of the Contractor's Application for Payment, either approve the Application for Payment for such amount as the Owner determines is properly due, or notify the Contractor in writing of the Owner's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.5. DECISIONS TO WITHHOLD APPROVAL OF APPLICATION FOR PAYMENT
9.5.1. The Owner may reject an Application for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, or, because of subsequently discovered evidence, may nullify the whole or a part of an approval previously issued, to such extent as may be necessary to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.4, because of: 9.5.1.1. defective Work not remedied; 9.5.1.2. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; 9.5.1.3. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
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9.5.1.4. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 9.5.1.5. damage to the Owner or another contractor; 9.5.1.6. reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or, 9.5.1.7. failure to carry out the Work in accordance with the Contract Documents. 9.5.2. When the above reasons for withholding approval are removed, payment approval will be given for amounts previously withheld. 9.5.3. If the Owner withholds payment approval under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Contractor and the Contractor will reflect such payment on the next Application for Payment. 9.6. PROGRESS PAYMENTS
9.6.1. After the Owner has approved an Application for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.6.2. The Contractor shall promptly pay each Subcontractor no later than seven (7) days after receipt of payment from the Owner the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3. The Contractor is prohibited from holding higher amounts in retainage on any Subcontractor than the Owner is holding from the Contractor. 9.6.4. The Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner on account of portions of the Work done by such Subcontractor. 9.6.5. The Owner shall have no obligation to pay, or to see to the payment of, money to a Subcontractor except as may otherwise be required by law. 9.6.6. Contractor payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3, 9.6.4, and 9.6.5.
9.6.7. A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.8. A one percent (1%) Montana Gross Receipts Tax will be withheld from all payments to the
Contractor in accordance with 15-50-205, et seq., MCA. The Contractor shall be responsible for withholding the 1% gross receipts tax from payments made by the Owner to the Contractor for Work performed by Subcontractors and the Contractor will file and transmit the necessary forms to the Montana Department of Revenue attendant to such subcontracts within ten (10) days of the award of the subcontract. All amounts withheld for the 1% gross receipts tax are in addition to any
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retainage amounts otherwise authorized under the Agreement. 9.7. FAILURE OF PAYMENT
9.7.1. If the Owner does not pay the Contractor within thirty (30) days after the Contractor submits an Application for Payment, the Contractor may file a claim in accordance with Section 4.3 of this Contract. 9.8. SUBSTANTIAL COMPLETION
9.8.1. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is Substantially Complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected (“Punch List”) prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3. In addition to the Punch List, the Contractor must submit the following with its request for a determination of Substantial Completion:
a. A use and occupancy permit; b. final test reports as required by the Contract and certificates of inspection and approval required for use and occupancy; c. Fire Inspection or report; d. approvals from, and transfer documents for, all utilities; e. Warranties and Guarantees and provided in this Contract; and f. schedule to complete the Punch List and value of Work not yet complete. 9.8.4. Upon receipt of the Contractor's Punch List, the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's Inspection
discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner.
In such case, the Contractor shall then submit a request for another inspection by the Owner to determine Substantial Completion.
9.8.5. The Contractor shall ensure the project is Substantially Complete prior to requesting any inspection by the Owner so that no more than one (1) inspection is necessary to determine Substantial Completion for all or any portion of the Work. If the Contractor does not perform adequate inspections to develop a comprehensive list as required in Subparagraph 9.8.2 and does not complete or correct such items upon discovery or notification, the Contractor shall be responsible and pay for the costs of the Owner’s additional inspections to determine Substantial Completion. Prior to the inspection, the Contractor shall complete the final clean-up of the Project site which, unless otherwise stated in the Contract Documents, shall consist of:
9.8.5.1 Removal of all debris and waste. All construction debris and waste shall be removed from the campus grounds. Use of the Owner trash containers will not be permitted; 9.8.5.2 Removal of all stains, smears, marks of any kind from surfaces including existing surfaces if said damage is the result of the work; and,
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9.8.5.3 Removal of all temporary structures and barricades. 9.8.6. When the Owner agrees that the Work or designated portion thereof is Substantially Complete, the Contractor will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion and which shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance. After issuance of the Certificate of Substantial Completion, the Contractor shall finish and complete all remaining items within thirty (30) days of the date on the Certificate. The Owner shall identify and fix the time for completion of specific items which may be excluded from the thirty (30) calendar day time limit. Failure to complete any items within the specified time frames may be deemed by the Owner as default of the Contract on the part of the Contractor. 9.8.7. The Certificate of Substantial Completion shall be submitted to the Owner for its written acceptance of responsibilities assigned to Owner and Contractor in such Certificate. Upon such acceptance and consent of surety if there are claims or past payment issues, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
9.8.8. To the extent provided in the Contract Documents or in the Certificate of Substantial Completion, the Owner, upon execution of the Certificate of Substantial Completion or occupation by the Owner
of the Work in accordance with Section 9.9, whichever occurs first, will assume responsibility for security, operation, safety, maintenance, heat, utilities, damage to the Work (other than damage caused by the Contractor) and insurance.
9.8.9. Upon execution of the Certificate of Substantial Completion, the Contractor will deliver custody and control of such Work to the Owner. The Owner will thereafter provide the Contractor reasonable access to such Work to permit the Contractor to fulfill the correction, completion and other responsibilities remaining under the Contract and the Certificate of Substantial Completion. 9.8.10. At the time of Substantial Completion, in addition to removing rubbish and leaving the building “broom clean,” the Contractor must replace any broken or damaged materials, remove stains, spots, marks and dirt from decorated Work, and comply with such additional requirements, if any, which may be specified in the Contract Documents. 9.9. PARTIAL OCCUPANCY OR USE
9.9.1. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion Substantially Complete, the Contractor shall prepare and submit a list to the Owner as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor. 9.9.2. Immediately prior to such partial occupancy or use, the Owner and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.9.3. Any agreement as to the acceptance of Work not complying with the requirements of the Contract
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Documents shall not be valid unless in writing. Unless otherwise agreed upon in writing, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10. FINAL COMPLETION AND FINAL PAYMENT
9.10.1. When the Contractor has completed or corrected all items on the final Punch List and considers that the Work is complete and ready for final acceptance, the Contractor must give written notice to the Owner and request a final inspection of the Work as provided in Section 9.10.2. The Contractor’s notice and request for final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 9.10.3.
9.10.2. Upon receipt of Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection and, when the Owner concurs that the Work has been fully completed and is acceptable under the Contract Documents, the Contractor will prepare and submit a Certificate of Final Completion to the Owner. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the Owner that the Work has been completed in accordance with the terms and conditions of the Contract Documents. The Owner will promptly notify the Contractor if the Owner does not concur that the Work is finally complete. In such case, the Contractor must bear the reasonable cost of any additional services of the Owner until the Work is determined to be finally complete. When the Owner concurs the Work has been fully completed, Owner will approve the Contractor’s final Application for Payment. 9.10.3. Neither final payment nor any remaining retainage shall become due until the Contractor submits
to the Owner: 9.10.3.1 an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible
or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; 9.10.3.2 a release or waiver of all claims except those that are pending. Notwithstanding applicable Montana law, if any liens have been filed Contractor shall release, waive or indemnify
Owner therefrom;
9.10.3.3 a certificate evidencing that the Contractor’s liability insurance and Performance Bond required by the Contract Documents remain in effect during the two-year correction
period following Substantial Completion as set forth in Section 12.2.2.1 and 12.2.2.2, and will not be canceled or allowed to expire until at least thirty (30) days' prior written
notice has been given to the Owner; 9.10.3.4 a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; 9.10.3.5 Consent of Surety Company to Final Payment or other form prescribed by the Owner; and, 9.10.3.6 if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner; 9.10.3.7 a certified building location survey and as-built site plan in the form and number required by the Contract Documents; 9.10.3.8 all warranties and bonds required by the Contract Documents;
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9.10.3.9 Record Documents as provided in Section 3.11; 9.10.3.10 Attic stock items as required by the Contract Documents; and 9.10.3.11 documentation of approval by all authorities having jurisdiction that all necessary permits and licenses have been issued in the name of the Owner as to allow closeout and satisfaction of all requirements including the submission of acceptable as-built drawings and other required documents. 9.10.3.12 final, approved operating and maintenance manuals; and 9.10.3.13 all documents and verification of training required in accordance with any Commissioning Plan. 9.10.4. The Contractor and his surety accepts and assumes responsibility, liability, and costs for and agrees to defend and hold harmless the Owner for and against any and all actions as a result of the Owner making final payment. 9.10.5. By submitting any Application for Payment to the Owner the Contractor and his surety certify and declare that all bills for materials, supplies, utilities and for all other things furnished or caused to be furnished by the Contractor and all Subcontractors and used in the execution of the Contract will be fully paid upon receipt of Final Payment and that there are no unpaid obligations, liens, claims, security interests, encumbrances, liabilities and/or demands of State Agencies, subcontractors, suppliers, mechanics, laborers or any others resulting from or arising out of any work done, caused to be done or ordered to be done by the Contractor under the Contract. 9.10.6. The date of Final Payment by the Owner shall constitute Final Acceptance of the Work. The determining date for the expiration of the warranty period shall be as specified in Paragraphs 3.5 and 12.2.2. 9.10.7. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Contractor, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.8. Acceptance of final payment by the Contractor, a Subcontractor, or material supplier, shall constitute a waiver of any and all obligations, liens, claims, security interests, encumbrances and/or liabilities against the Owner except those previously made in writing per the requirements of Paragraph 4.3 and as yet unsettled at the time of submission of the final Application for Payment. 9.10.9. The Owner’s issuance of Final Payment does not constitute a waiver or release of any kind regarding any past, current, or future claim the Owner may have against the Contractor and/or the surety. 10. ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY
10.1. SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall maintain on site a material safety data sheet on all chemicals and potentially hazardous materials brought on site by the Contractor or any subcontractor, supplier, or employee or agent of a subcontractor or supplier, including but not limited to paints, thinners, glues, mastics and solvents. The safety data sheets will be provided to the
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Owner upon Final Completion.
10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor must take reasonable precautions for the safety of, and must provide reasonable
protection to prevent damage, injury or loss to:
10.2.1.1 All persons at the Site and other persons who may be affected by the Work or other operations of the Contractor; 10.2.1.2 the Work and materials and equipment to be incorporated therein or otherwise utilized in the performance of the Contract, whether in storage on or off the Site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and
10.2.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor must repair and/or replace that portion of the work and any materials or equipment to be incorporated therein and any tools or equipment of the Contractor necessary or
beneficial to performance of the Work which are damaged or stolen due to vandalism, theft or any other criminal mischief at its expense whether or not covered by insurance. No increase in the Contract Sum will be granted to the Contractor as a consequence of any delay, impacts or inefficiencies resulting from any act of vandalism, theft or other criminal mischief whether or not caused or contributed to by the Contractor’s negligence. The Parties may agree to an extension of Contract Time in such circumstances as they agree is appropriate. 10.2.3 The Contractor must implement and maintain, as required by the Contract Documents, applicable laws and regulations and orders of public authorities having jurisdiction (without limitation OSHA and State of Montana safety agencies and authorities), manufacturers’ instructions or recommendations, existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including issuing appropriate notices, distributing material safety data sheets and other hazard communication information, providing protective clothing and equipment, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.5 The Contractor must not load nor permit any part of any structure at the Site to be loaded or subjected to stresses or pressures so as to endanger its safety or that of adjacent structures or property. 10.2.6 The Contractor shall reject the use of any Hazardous Material in the construction of the Project, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. It is the Owner's intent to specify and approve only materials and products for this Project that are free of such hazardous material. If the Contractor becomes aware of that any Subcontractor, material supplier or manufacturer intends to supply or install products or services for the Project that contain such materials, the Contractor shall promptly notify the Owner in writing. Further, if any such materials are discovered in the course of the construction, the Contractor shall notify the Owner immediately. Construction Manager shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and
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applicable City of Bozeman ordinances. When explosives or other hazardous materials or equipment are stored or used or unusual methods are employed in the performance of the Work, the Contractor must exercise utmost care and conduct such activities under supervision of properly qualified personnel. 10.2.7 If either party suffers injury or damage to person or property because of an act or omission of the other party, or of any of the other party’s employees or agents, or of others for whose acts it is contended that the other party is liable, written notice of such injury or damage, whether or not insured, must be given to the other party within a reasonable time not exceeding twenty-one (21) days after the onset or occurrence of such damage or injury or such shorter time as may be required by the Occupational Safety Hazards Administration (OSHA). The notice must provide sufficient detail to enable the other party to investigate the matter. If notice is not received within the time specified, any claim arising from the occurrence will be deemed to be conclusively waived, except to the extent of any applicable insurance (excluding self-insurance) coverage covering such occurrence. The provisions of this Section may not be used by the Contractor in lieu of the requirements of Article 7 when the Contractor is seeking an adjustment in the Contract Sum and are in addition to the requirements of Article 8 when the Contractor is seeking an adjustment in the Contract Time. 10.2.8 The Contractor must promptly remedy, at its sole cost and expense, damage and loss to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable, unless otherwise instructed in writing by the Owner. This obligation is in addition to, and not in limitation of, the Contractor’s obligations for indemnification under Section 3.18 and the Contractor’s responsibility to repair and or replace that portion of the Work and any materials and equipment to be incorporated therein which are damaged as a result of criminal mischief as specified in Section 10.2.2. 10.2.9 The Contractor shall designate a responsible member of the Contractor’s organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner.
10.3 HAZARDOUS MATERIALS
10.3.1 A “Hazardous Environmental Condition” means the presence at the Site of asbestos, PCBs, Petroleum, Hazardous Waste (as defined in Section 1004 of the Solid Waste Disposal Act, 42 SUSC Section 6903, as amended), or radioactive material (“Hazardous Materials”), in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 10.3.2 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. In the event the Contractor encounters on the Site material reasonably believed to be a Hazardous Material (other than those for which the Contractor may have specific responsibility for remediation under the Contract), and the Contractor’s reasonable precautions will be inadequate to prevent foreseeable damage or injury and the Contractor cannot proceed with the Work in the absence of the removal, containment or remediation of the Hazardous Material, the Contractor must immediately stop Work in the area affected and report the condition to the Owner immediately upon discovery, followed by notice in writing within 24 hours of discovery. 10.3.2 Upon receipt of notice of suspected Hazardous Materials, Owner will cause an investigation to be made to verify the presence and extent of such materials, to determine whether such materials are in fact hazardous, and the steps necessary for their removal, containment or remediation. Owner shall be responsible for the cost of any such investigation, removal, containment or remediation.
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10.3.3 If the Owner’s investigation confirms the presence of Hazardous Materials which present a risk of injury or damage which will not be adequately protected against by the Contractor’s reasonable precautions, then the Work in the affected area must not thereafter be resumed except at the written direction of the Owner. The Work in the affected area will be resumed promptly (i) in the absence of a finding of Hazardous Material by the Owner, (ii) upon the removal, containment or remediation of the Hazardous Materials, or (iii) upon the establishment of appropriate safety precautions. 10.3.4 The Contractor may request a change in the Contract Sum or Contract Time if the Contractor incurs additional costs on account of or is delayed by the Owner’s work to remove, contain or remediate Hazardous Materials which has not been rendered harmless at the Site unless the Contractor is responsible for same under the Contract. Any such requested change in the Contract Sum or Contract Time must be made in writing within ten (10) days of discovery of any Hazardous Materials, which has not been rendered harmless giving rise to the request for the change and must fully comply with Articles 7, 8, and 15 or any claim will be deemed conclusively waived by the Contractor. 10.3.5 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the Site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. 10.3.6 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Owner 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 other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible, except to the extent such claims are due to the Owner’s fault or negligence. 10.3 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor must take all necessary action, without the necessity for any special instruction or authorization from the Owner, to prevent threatened damage, injury or loss. The Contractor must promptly, but in all events within twenty-four (24) hours of the emergency, report such action in writing to the Owner. If the Contractor incurs additional costs on account of or is delayed by such emergency, the Contractor may request a change in the Contract Sum or Contract Time to account for such additional costs or delay in accordance with Articles 7, 8 and 15. The Contractor must file any such request within ten (10) days of the emergency or it is deemed waived. Any adjustment in the Contract Sum or Contract Time shall be limited to the extent that the emergency work is not attributable to the fault or neglect of the Contractor or otherwise the responsibility of the Contractor under the Contract Documents.
10.4. UTILITIES
10.4.1. Underground Utilities: Buried utilities, including, but not limited to, electricity, gas, water, telephone, sewer, broadband coaxial computer cable, and fiber optic cables are very vulnerable and damage could result in loss of service. 10.4.2. "One Call” must be notified by phone and in writing at least 72 hours (3 business days) prior to digging to arrange and assist in the location of buried utilities in the field. (Dial 811). The Contractor shall mark the boundary of the work area. The boundary area shall be indicated with white paint and white flags. In winter, pink paint and flags will be accepted. 10.4.3. After buried utilities have been located, the Contractor shall be responsible for any utilities damaged
while digging. Such responsibility shall include all necessary care including hand digging. Contractor’s responsibility shall also include maintaining markings after initial locate. The area for
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such responsibility, unless otherwise indicated, shall extend 24 inches to either side of the marked center line of a buried utility line. 10.4.4. The Contractor's responsibility shall include repair or replacement of damaged utilities. The Contractor will also be responsible for all costs associated with reterminations and recertification. 10.4.5. Any buried utilities exposed by the operations of the Contractor shall be marked on the plans
and adequately protected by the Contractor. If any buried utilities not located are exposed, the Contractor shall immediately contact the Owner. If, after exposing an unlocated buried utility, the
Contractor continues digging without notifying Owner and further damages the utility, the Contractor will be fully and solely responsible. 10.4.6. Damage to irrigation systems during seasons of no irrigation that are not immediately and adequately repaired and tested will require the Contractor to return when the system is in service to complete the repair. 11. ARTICLE 11 - INSURANCE AND BONDS
11.1. CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall carry and maintain, as part of the Contract Sum, the following insurance coverage insuring the Owner and Project while under construction and all material and supplies
purchased in connection with the construction of the Project against all risks and losses. Contractor shall give Owner immediate notice of any material reduction, cancellation, termination
or non-renewal of the insurance required by this Section 11.1. Any company writing this insurance shall at all times be licensed and qualified to do business in the State of Montana.
Contractor’s insurance shall be primary and non-contributory. Such insurance shall include: 11.1.1.1 Commercial General Liability with a minimum limit of liability of Ten Million Dollars ($10,000,000), for bodily injury and property damage coverage per occurrence including
the following coverages: Contractual Liability; Premises and Operations; Independent Contractors; Personal Injury; Products and Completed Operations; and explosion,
collapse and underground event. The policy must name the City of Bozeman as additional insureds. 11.1.1.2 Automobile Liability Insurance of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence to include coverage for owned, non-owned, hired motor vehicles, and automobile contractual liability. Coverage for
underinsured/uninsured motorists shall be for not less than One Million Dollars ($1,000,000). The policy must name Gallatin County and the City of Bozeman as additional insureds. 11.1.1.3 Worker’s Compensation/Employer’s Liability meeting all statutory requirements of the State of Montana and with the following minimum Employers’ Liability limits: bodily injury by accident – One Million Dollars ($1,000,000) each accident; bodily injury by disease – One Million Dollars ($1,000,000) policy limits; and bodily injury by disease – One Million Dollars ($1,000,000) each employee. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy including additional insureds endorsement shall have been filed with the Owner.
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The insurance requirements of this Section 11.1 shall also apply in full to all Subcontractors hired to perform the Work, provided Contractor and Owner may mutually agree in writing to different coverage limits for Subcontractor(s). 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until two years after the date of Substantial Completion, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance and upon request by Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor within seven (7) days unless an alternative period is agreed to by the parties. 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include the City of Bozeman as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the City of Bozeman as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. 11.2 OWNER’S LIABILITY INSURANCE The City shall maintain coverage for its risks through the Montana Municipal Interlocal Authority. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Montana, property insurance written on a builder’s risk “all-risk” policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. 11.3.1.1 Property insurance shall be on an “all-risk” policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Contractor’s services and expenses required as a result of such insured loss. The Parties may mutually agree in writing to separate limits for insurance covering the risk of flood and/or earthquake.
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11.3.1.2 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. 11.3.1.3 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 11.3.1.4 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the cost thereof shall be charged to the Contractor by appropriate Change Order.
11.3.5 If Asbestos Abatement is identified as part of the Work under this contract, the Contractor or
any subcontractor involved in asbestos abatement shall purchase and maintain Asbestos Liability Insurance for coverage of bodily injury, sickness, disease, death, damages, claims, errors
or omissions regarding the asbestos portion of the work in addition to the CGL Insurance by reason of any negligence in part or in whole, error or omission committed or alleged to have been
committed by the Contractor or anyone for whom the Contractor is legally liable. Such insurance shall be in “per occurrence” form and shall clearly state on the certificate that asbestos work is
included in the following limits: $1,000,000 per occurrence; aggregate limit of $2,000,000. Asbestos Liability Insurance as carried by the asbestos abatement subcontractor in these limits in lieu of the Contractor’s coverage is acceptable provided the Contractor and the City of Bozeman are named as additional insureds and that the abatement subcontractor’s insurance is PRIMARY as respects both the Owner and the Contractor. If the Contractor or any other subcontractor encounters asbestos, all operations shall be suspended until abatement with the associated air monitoring clearances are accomplished. The certificate of coverage shall be provided by the asbestos abatement subcontractor to both the Contractor and the Owner. 11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this
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Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least thirty (30) days’ prior written notice has been given to the Owner. 11.3.7 A loss insured under the Contractor’s property insurance shall be adjusted by the Contractor and made payable to the Contractor, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
11.4 PERFORMANCE BOND AND LABOR & MATERIAL PAYMENT BOND (BOTH ARE REQUIRED ON THIS PROJECT) 11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond meeting all statutory requirements of the State of Montana, in form and substances satisfactory to the Owner and, without limitation, complying with the following specific requirements: 11.4.1.1 Except as otherwise required by statute, the form and substance of such bond(s) shall be satisfactory to the Owner in the Owner’s sole judgment. 11.4.1.2 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, and until all of the Contractor’s obligations to the Owner are fulfilled. 11.4.1.3 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 Sum. 11.4.1.4 The Contractor 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 power of attorney indicating the monetary limit of such power. 11.4.1.5 Every Bond under this Paragraph 11.4.1 must display the Surety’s Bond Number. A rider including the following provision shall be attached to each Bond: (1) Surety agrees that it is obligated under the bond(s) to any successor, grantee or assignee of the Owner. 11.4.1.6 The City of Bozeman shall be named as obligee on the bonds. The Contractor shall deliver the required bonds to the Owner not later than three (3) days following the date the Guaranteed Maximum Price Amendment is executed and prior to the commencement of the Construction Phase. Premiums for all bonds shall be part of the Contract Sum. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. 11.4.3 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary, obtain the surety’s consent to, or waiver of: (a) notice of changes in the Work; (b) request for reduction or release of retention; (c) request for final payment; and (d) any other material required by the surety. The Owner may, in the Owner’s sole discretion, inform surety of the progress of the Work and obtain consents as necessary to protect the Owner’s rights, interest, privileges and benefits under and pursuant to any bond issued in connection with the Work.
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12 ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK
12.1. UNCOVERING OF WORK
12.1.1. If a portion of the Work is covered contrary to the Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Owner, be uncovered for the Owner's examination and be replaced at the Contractor's expense without change in the Contract Time.
12.1.2. If a portion of the Work has been covered which the Owner has not specifically requested to examine prior to it being covered, the Owner may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2. CORRECTION OF WORK
12.2.1. BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1. The Contractor shall promptly correct Work that fails to conform to the requirements of the Contract Documents or that is rejected by the Owner, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and
compensation for the Owner’s expenses made necessary thereby, shall be at the Contractor's expense. The Contractor is responsible to discover and correct all defective work and shall not rely upon the Owner’s observations. 12.2.1.2. Rejection and Correction of Work in Progress. During the course of the Work, the Contractor shall inspect and promptly reject any Work that: 12.2.1.2.1. does not conform to the Construction Documents; or,
12.2.1.2.2. does not comply with any applicable law, statute, building code, rule or regulation of any governmental, public and quasi-public authorities, and agencies having jurisdiction over the Project. 12.2.1.3. The Contractor shall promptly correct or require the correction of all rejected Work, whether observed before or after Substantial Completion. The Contractor shall bear all costs of correcting such Work, including additional testing, inspections, and compensation for all services and expenses necessitated by such corrective action. 12.2.2. AFTER SUBSTANTIAL COMPLETION AND AFTER FINAL ACCEPTANCE 12.2.2.1. In addition to the Contractor's obligations under Paragraph 3.5, if, within two years after the date of Final Acceptance of the Work or designated portion thereof or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner,
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the Owner may correct it in accordance with Paragraph 2.3. 12.2.2.1.1. The Contractor shall remedy any and all deficiencies due to faulty materials or workmanship and pay for any damage to other work resulting there from, which shall appear within the period of Substantial Completion through two (2) years from the date of Final Acceptance in accordance with the terms and conditions of the Contract and with any special guarantees or warranties provided in the Contract Documents. The Owner shall give notice of observed deficiencies with within seven (7) days unless an alternative period is agreed to by the parties. All manufacturer, product and supplier warranties are in addition to this Contractor warranty. 12.2.2.1.2. The Contractor shall respond within seven (7) days after notice of observed
deficiencies has been given and he shall proceed to immediately remedy these deficiencies.
12.2.2.1.3. Should the Contractor fail to respond to the notice or not remedy those deficiencies; the Owner shall have this work corrected at the expense of the Contractor. 12.2.2.1.4. Latent defects shall be in addition to those identified above and shall be the responsibility of the Contractor per the statute of limitations for a written contract (27- 2-208 MCA) starting from the date of Final Acceptance. 12.2.2.2. The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.2.2.3. The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3. The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5. Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the two-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to
be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3. ACCEPTANCE OF NONCONFORMING WORK
12.3.1. If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in
which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
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13. ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1. GOVERNING LAW
13.1.1. The Contract shall be governed by the laws of the State of Montana and venue for all legal proceedings shall be the Eighteenth Judicial District, Gallatin County. 13.2. SUCCESSORS AND ASSIGNS
13.2.1. The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempt to make such assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3. WRITTEN NOTICE
13.3.1. Written notices are to be provided to the representatives of the parties designated in this Contract. Written notices are deemed to have been duly served if delivered in person to the addressee for whom it was intended, or if delivered by electronic mail, fax, certified mail, or overnight courier. The date of any notice is deemed to be the date of personal delivery, fax, or electronic mail; one day after delivery to the overnight courier; and three (3) days after mailing by certified mail. 13.4. RIGHTS AND REMEDIES 13.4.1. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2. No action or failure to act by the Owner or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5. TESTS AND INSPECTIONS
13.5.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2. If the Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Owner will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3 shall be at the Owner's expense. 13.5.3. If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2
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reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Owner’s expenses shall be at the Contractor's expense. 13.5.4. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner. 13.5.5. If the Owner is to observe tests, inspections or approvals required by the Contract Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. 13.5.6. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6. INTEREST
13.6.1. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7. COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1. As between the Owner and Contractor: 13.7.1.1. Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; 13.7.1.2. Between Substantial Completion and Owner’s Approval of Contractor’s Final Application for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to Owner’s approval of the Contractor’s final Application for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of Owner’s approval of the final Application for Payment; and,
13.7.1.3. After Final Payment. As to acts or failures to act occurring after the relevant date of Owner’s approval of the Contractor’s final Application for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8. DOCUMENT RETENTION AND AUDIT PROVISIONS
13.8.1. Contractor shall account for all materials, equipment and labor entering into the Work and must keep such full and detailed records as may be necessary for proper financial management pursuant to the Contract Documents for a period of five (5) years after final payment. Furthermore, the Owner has the right to examine the Contractor’s and its Subcontractors’ and suppliers’ records directly or indirectly pertaining or relating to the Work or the Contract and the Contractor must grant the Owner access to and an opportunity to copy such records at all reasonable times during the Contract period and for five (5) years after final payment.
14. ARTICLE 14 – TERMINATION OR SUSPENSION OF THE CONTRACT
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14.1. TERMINATION BY THE CONTRACTOR
14.1.1. The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-
subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: 14.1.1.1. issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; or, 14.1.1.2. an act of government, such as a declaration of national emergency which requires all Work to be stopped. 14.1.2. The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 1.4.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. 14.1.3. If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven (7) days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead and profit but not damages. 14.1.4. If the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Subparagraph
14.1.3.
14.2. TERMINATION BY THE OWNER FOR CAUSE
14.2.1. The Owner may terminate the Contract if the Contractor: 14.2.1.1. repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 14.2.1.2. fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 14.2.1.3. fails to comply with any laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 14.2.1.4. Fails to perform the Work in accordance with the Contract Documents or otherwise materially breaches any provision of the Contract Documents;
14.2.1.5. Anticipatorily breaches or repudiates the Contract; or 14.2.1.6. Fails to make satisfactory progress in the prosecution of the Work required by the Contract.
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14.2.2. The Owner may terminate the Contract, in whole or in part, whenever the Owner determines in good faith that sufficient cause for termination exist as provided in Subsection 14.2.1. The Owner will provide the Contractor with a written ten (10) day notice to cure the default. If the default is not cured, the termination for default is effective on the date specified in the Owner’s written notice. However, if the Owner determinates that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the Owner may terminate the Contract immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or the Contract, the Contractor must compensate the Owner for additional costs actually incurred by the Owner to obtain substitute performance. Following written notice for the Owner of termination, the Owner may, subject to any prior rights of the surety: 14.2.2.1. take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 14.2.2.2. accept assignment of subcontracts pursuant to Paragraph 5.4; and, 14.2.2.3. finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3. Upon receipt of written notice from the Owner of termination, the Contractor must: 14.2.3.1 Cease operations as directed by the Owner in the notice and, if required by the Owner, reasonably cooperate in an inspection of the Work with the Owner to record the extent of completion thereof, to identify the Work remaining to be completed or corrected; 14.2.3.2 Complete or correct the items directed by the Owner, and take actions necessary, or that the Owner may direct, for the protection and preservation of any stored materials and completed Work; 14.2.3.3 Remove its tools, equipment and construction machinery from the Site; and 14.2.3.4 Except as directed by the Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts or purchase orders. 14.2.4. When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.5. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Owner’s expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 14.2.6. If the Contractor files for protection, or a petition is filed against it, under the Bankruptcy laws, and Contractor wishes to affirm the Contract, Contractor shall immediately file with the Bankruptcy Court a motion to affirm the Contract and shall provide satisfactory evidence to Owner and to the Court of its ability to cure all present defaults and its ability to timely and successfully complete the Work. If Contractor does not make such an immediate filing, Contractor accepts that Owner shall petition the Bankruptcy Court to lift the Automatic Stay and permit Owner to terminate the Contract. 14.3. SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.
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14.3.2. The Contract Sum and Contract Time shall be equitably adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 14.3.2.1. that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or, 14.3.2.2. that an equitable adjustment is made or denied under another provision of the Contract. 14.4. TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1. The Owner may, at any time, terminate the Contract or any portion thereof or of the Work for the Owner's convenience and without cause. 14.4.2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: 14.4.2.1. cease operations as directed by the Owner in the notice and, if required by the Owner, participate in an inspection of the Work with the Owner to record the extent of completion
thereof, to identify the Work remaining to be completed or corrected; 14.4.2.2. Complete or correct the items directed by the Owner, and take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; 14.4.2.3. Remove its tools, equipment and construction machinery from the Site; and 14.4.2.4. Except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 Following written notice from the Owner of termination, the Owner may:
14.4.3.1 Take possession of the Site and of all materials for which the Owner has paid; 14.4.3.2 Accept assignment of subcontracts and purchase orders; and
14.4.3.3 Complete the Work by whatever reasonable method the Owner may deem expedient. 14.4.4. In case of such termination for the Owner's convenience, the Contractor shall be entitled to compensation only for the following items:
14.4.4.1 Payment for acceptable Work performed up to the date of termination, including Contractor’s fee;
14.4.4.2 The costs of preservation and protection of the Work if requested to do so by the Owner;
14.4.4.3 The cost of terminating the following contracts including:
(i.) Purchased materials but only if not returnable and provided to the Owner, or the restocking or return charge, if any, if returnable at the Owner’s written election; (ii.) Equipment rental contracts if not terminable at no cost but not to exceed an amount equal to thirty (30) days rental;
14.4.4.4 Documented transportation costs associated with removing Contractor-owned equipment; and
14.4.4.5 Documented demobilization and close-out costs. The Contractor will not be compensated for the cost of terminating subcontracts, which must be
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Page 57 of 57 General Conditions of the Construction Contract – Fire Station #2 Relocation
terminable at no cost to the Owner if the Contract is terminated, except for those costs listed in Section 14.4.4.1 through 14.4.4.5. If the Owner and the Contractor are unable to agree upon the amounts specified in this subsection, the Contractor may submit a Claim as provided in Section 4.3. The Claim must be limited to resolution of the amounts specified in Subsections 14.4.4.1, 14.4.4.2, 14.4.4.3, 14.4.4.4, and 14.4.4.5 of this Subsection 14.4.4. No other cost, damages or expenses may be claimed or paid to the Contractor or considered as part of the Claim, the same being hereby conclusively and irrevocably waived by the Contractor. Any such Claim must be delivered to the Owner within thirty (30) days of the termination of the Contract and must contain a written statement setting forth the specific reasons and supporting calculations and documentation as to the amounts the Contractor claims to be entitled to under this Subsection as a result of the termination of the Contract. 14.4.5. The Contractor’s obligations surviving final payment under the Contract, including without limitation those with respect to insurance, indemnification, and correction of Work that has been completed at the time of termination, remains effective notwithstanding termination for convenience of the Owner. 14.4.6. In the event of termination or cancellation of any or all pre-construction services and/or decision not pursue a GMP Amendment/Contract, the Contractor shall not be due any costs, or overhead, or profit on any portion of the Work, but shall be paid for the completed portion of Pre-Construction Phase Services documented by Contractor. 15. ARTICLE 15 – EQUAL OPPORTUNITY The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The City of Bozeman requires that Contractor shall 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 Contractor shall require these nondiscrimination terms of its Subcontractors. [END OF GENERAL CONDITIONS]
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NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring
and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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419
January 21, 2022
Jon Henderson
Strategic Services Director
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
agenda@bozeman.net
Dear Mr. Henderson,
We are excited to have the opportunity to collaborate on the design and construction of the new Bozeman Fire Station #2 (BFS2). Congratulations to
Bozeman Fire for their continued growth and commitment to serve our community.
Our team is ready to share our construction knowledge and experience. We have experience building at MSU and constructing fire stations
throughout western Montana and offer the following:
Preconstruction: Our history includes extensive work on fire station facilities. Our estimates are comprehensive, thorough, and accurate. We
collaboratively identify alternate design approaches, cost-saving opportunities, and innovative ways to manage quality, budget, schedule, and
scope.
Resources: The City of Bozeman and Bozeman Fire will benefit from our self-performance abilities. Gallatin Valley’s current growth has placed
significant demand on limited construction resources, creating labor, cost, and scheduling challenges. Our deep pool of field talent and in-house
equipment will ease these burdens and ensure these obstacles are avoided.
Relationships: Our team members have a lengthy history with the area’s most qualified subcontractors and suppliers, ensuring BFS2 attracts
competition during the bidding and procurement phase.
We look forward to building a relationship with the City of Bozeman, Bozeman Fire, and ThinkONE on this legacy project.
Sincerely,
Jason Martel Mike Wilkinson Forrest Wesen Chris Dyson Tyler Ragen
1203 S. Church Avenue | Bozeman, MT 59715 | (406) 586-8585www.martelconstruction.com
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These documents are attached at the end of this proposal.
1. Provide a completed and properly executed “Contractor’s Qualification Statement” (AIA A305-1986). 2. General Conditions. Pricing per month as set forth on the attached Form GC and included in the Proposal. 3. General Contractors Fee. Percentage basis as set forth on the attached Form CF and included in the Proposal. 4. Preconstruction Fixed Fee. Fixed Fee basis from commencement of contract to GMP agreement as set forth on the attached Form PF and included in the Proposal.
I. Financial Health and Pricing
We have been a healthy contributor to our community’s economy Since 1960.
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1. Provide a list of names and define the relationship of management individuals that you will commit to this Project. Include project management, field management, superintendent(s), estimators, schedulers, etc. how will you organize your effort for this Project and who would you assign during: a. Preconstruction/design b. Construction
II. Project Team
You will work with the same Martel team members from the start of preconstruction through occupancy.
Principal Project Manager General Superintendent Project Superintendent Estimator
Jason Martel Mike Wilkinson Forrest Wesen Chris Dyson Tyler Ragen
You will benefit from our team oriented approach among the leadership group, within Martel, and among subs and suppliers.
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2. Describe their responsibility on this Project.
Preconstruction Responsibilities
Design & Coordination Meetings
Estimating & Budgeting
Scheduling
Constructability Reviews
Value Engineering
Construction Responsibilities
Overall Project Management
Communication
Daily Construction Activities
Subcontractor Management
Scheduling
Safety
Cost Control
Quality Assurance
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3. Describe their experience and how it is relevant to this Project. Demonstrate the proposed key personnel’s specific experience on projects of similar type, size and scope.
Similar Experience
GC/CM
City of Bozeman Partnership
ThinkONE Partnership
New Fire Station Construction
Housing / Living Quarters
Shop / Apparatus Space
Occupied / Active Site
Similar Projects
Bogert Pavilion Structural Repair
MSU Bobcat Athletic Complex
Bozeman Airport Expansions
Central Valley Fire Station
Sacajawea MS Expansion
Saddle Peak Elementary
MSU Norm Asbjornson Hall
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4. Time commitment and workload. 5. Length of employment with your firm.
Time Commitment
Assigned Start to Finish
Portion of Time - Preconstruction
Portion of Time - Construction
Years of Experience
With Martel
Industry
Current Workload
Billings Clinic
BZN Baggage Claim
Vance Thompson
Preconstruction - Overall
Construction - Overall
25%
10%
16
22
10%10%
25%100%
25%
0%
38
38
25%
50%
17 8
24 17
8
17
J F M A M J J A S O N D J F M A M J J A S O N D
2022 2023
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6. Provide references for each team member’s last two projects.
References
BZN | Brian Sprenger 388-8321
MSU | Leon Costello 994-4226
CV Fire | Bryan Tate (406) 599-9648
The logistics of working on the edge of campus on BFS2 will be similar to what we recently completed at Bobcat Stadium.
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1. Identify the specific methodology your firm will use in the administration of this Project, in both the preconstruction and construction phases.
III. Management and Approach
Our comprehensive management approach encompasses all elements of building the new BFS2 facilities and ensures completion on time and within budget. Communication plays a pivotal role in accomplishing these objectives, including utilizing technology and working daily with the OAC (Owner, Architect, Contractor) team.
We intend to hit the ground running, immediately engaging with ThinkONE, City of Bozeman, and Bozeman Public Fire Station leaders to ensure: » The scope is clearly defined.» Value is pursued.» Quality is assured.» Schedules are met.» Funds are used efficiently with maximum benefit.» Relationships are productive.
Preconstruction: Our team will focus on the project’s development phase to achieve a complete design within your budget. We will collaboratively engage with ThinkONE by evaluating each building component with trade involvement, safety, quality assurance, and logistics studies.
Construction: We will implement, maintain, and actively execute the plans developed in preconstruction. Our planning process assures a well-organized construction process from day one. Managing cost, keeping schedules, and insisting on quality and craftsmanship are priorities for subcontractors and suppliers. Closeout: Detailed record-keeping results in owners receiving accurate as-built documents, operation, maintenance, and warranty information training.
Martel was a critical member of the team. Their knowledge of construction methods and procedure and construction costs provided essential input during the design and bid phases of the project.
Brett Gunnink
MSU College of Engineering
(406) 994-2272
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Minimizing The Impact of Changes
Three important cost factors allow flexibility in the real world while maintaining proper control over the costs of changes: 1. Contingency (Reserve) Funds: Contingencies are separate funds for the owner, designer, and contractor to cover unexpected costs or changes. Typically, project contingency amounts range from 5%-10% of the construction budget. 2. Allowances: Allowances are provisions in the budget to cover the cost of items included in the documents or contract but not 100% defined. Like contingency funds, the owner receives a refund on unused allowances. 3. Price Adjustments: Construction price adjustments are changes to the contract regarding the schedule, the scope of work, or price. They typically happen when there are changes made during construction by the owner. Price adjustments can be additive or deductive and may or may not change the contract amount. When a price adjustment occurs, our philosophy on cost change requests is straightforward: 1. Validate the change affects the contract.
2. Ensure accuracy of the information.
3. Verify expected with detailed estimates.
4. Require transparency by all parties involved.
5. Apply “bid day pricing” to any revised work.
Self-Performance
Feeding Gallatin Valley’s insatiable appetite for construction services requires the availability of in-house labor. Self-performance abilities offer many advantages to BFS2, including controlling schedule, budget, quality, security, and safety. Our diverse skills allow us to fill in last-minute gaps in coverage, a necessity in the construction market across our valley. Self-performed work is competitively bid as a comparison to subcontracted pricing. As your teammate, we will be transparent with costs and ensure you receive the highest possible value.
Our knowledge allows us to ensure quality and hold everyone accountable. We offer a partner that can lead the work and perform it.
We use two main strategies for cost control:
Self Performance Capabilities:
Demolition | Concrete | Carpentry
Waterproofing | Select Insulation | Roofing
Wall Panel Installation | Wall and Roof
Accessories | Doors, Windows, and
Hardware | Specialties Installations
Kitchen and Bath Accessories Subcontracted:
Site Work | Paving | Steel Erection
Masonry | Attic & Wall Insulation | Glass &
Glazing | Flooring | Sheetrock and Taping
Painting |HVAC |Plumbing | Electrical
Security and Communications
Bozeman Airport Expansion
SD: $19,054,885
DD: $20,941,122
CD: N/A
GMP: $20,521,936
FINAL: $20,800,000
Bozeman Health Wmn’s Svcs
SD: N/A
DD: $9,480,522
CD: $9,926,726
GMP: $9,419,799
FINAL: $10,158,420
Belgrade HS Expansion
SD: $22,187,017
DD: $25,346,298
CD: $23,108,791
GMP: $23,108,791
FINAL: $25,063,278
Accelerated the schedule to finish early due to Covid-19.
Added scope of work after execution of the GMP.
Added scope of work after execution of the GMP.
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2B. Assist the Owner with: i. Quality of the project documents ii. Constructability iii. Alternative methods and products iv. Budgets and estimating.
Assist Designers - Quality, Constructability, Alternatives
Our team approaches the overall quality of documents with ThinkONE. Mike will lead reviews, supported by experts throughout our company as
needed. We contribute to essential design decisions to:
» Improve the building’s general layout for cost efficiencies.
» Evaluate initial and long-term costs of upgrades to existing building systems.
» Uncover innovative and sustainable building components under consideration for replacement.
» Navigate the permitting processes.
During the design phase, our involvement will allow us to vet the construction documents as thoroughly as possible before they go out to bid. This
multi-faceted review process ensures clear and concise subcontractor bids and proposals. Today’s technology allows us to share documents and
collaborate in real-time. A quick video conference call can occur with anyone at almost any time to discuss details.
Assist Designers with Budgets and Estimates
Collaborating with ThinkONE to develop budgets and estimates is crucial in finalizing the design and evaluating materials. Our response to the
estimating question in 3A below discusses these strategies in detail.
During this time of uncertainty, self-performance allows us to control quality, cost, and schedule.
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2C. Safely build a quality building on time and within budget.
No project, deadline, or cost is more important than safety!
Safety excellence is a habit formed through innovation and consistency. The health, safety, and well-being of everyone in and around your new
building will be our top priority. Our team members uphold the Zero Accident and Zero Injury philosophy, believing that every accident and injury is
preventable. Each subcontractor and others working with us are required to embrace our safety commitments.
Our top goal is to send our employees and subcontractors home to their loved ones in the same condition they arrived in every day. This dedication
is evident in our diligent approach to safety, employee engagement, and training. We will never compromise the safety and security of surrounding
neighborhoods and businesses. Ensuring public safety on the exterior perimeter of our job sites begins during preconstruction and is an ongoing focus
during construction.
Our team continually leads discussions on how construction activities will impact the surrounding areas. We strive to manage deliveries, storage,
parking, and staging strategies that minimize disruption to others, maintain security, and ensure safety for all.
Safe sites are organized.
Sites with limited staging and access require extensive coordination to deliver materials. Just-in-time procurement techniques help manage materials and equipment for a clean and orderly construction space.
Our clean job sites are unmatched.
We take pride in our safe and clean job sites, an ongoing expectation for all subcontractors and employees. A clean and organized job site is safer and instills a sense of pride among everyone.
Relative education is ongoing.
We use weekly safety meetings to discuss potential risks with everyone on the job. Safety meetings ensure everyone knows the dangers of each other’s tasks and interactions. Safety concerns extend beyond the construction area to include BFS2 staff, community neighbors, staff, and visitors.
Signage raises awareness.
Fencing encloses and separates the construction zone from the surrounding area. Safety signs remind workers of our requirements for appropriate personal protective equipment (PPE) and access rules. We require visitors to check in at the construction office upon arrival.
Safety is a group effort.
Our Superintendents and Safety Committee rely on Audit Checklists to regularly evaluate the conditions. This document also provides corrective actions required to remedy any safety concerns.
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Quality
Meeting and exceeding expectations begins on day one! Our superintendents specialize in Quality Assurance (QA) and use it as a crucial pillar of overall construction management. We ensure a quality product is produced by reviewing systems, vetting materials, and sourcing the area’s best craft workers. QA is achieved through regular inspections using a quality control checklist throughout each phase. Quality Control (QC) requires dedicated personnel every day performing inspections and verifying completed work. Their task is to ensure accuracy, prevent mistakes, and continuously reinforce quality expectations on your building. We also welcome input from staff and future building users. There is no more significant critic of our work than our employees. This culture of accountability separates us from our competition.
Completion On Time Within Budget
Our budgeting, cost control, and scheduling strategies are addressed throughout our response.
We let clients lead our cheers.
The measure of any successful project is the management of quality, cost, schedule, safety, and risk. In my opinion, Martel wrote the book!
Bryan Tate, Tate Management(406) 599-9648
The project was on-time and under budget. The finished product is of the finest construction and is something our entire community is proud of.
Brian Sprenger, BZN(406) 388-6632
The quality of work has been exceptional, which is difficult to do while balancing set budgets and challenging schedules. The team approach you promote has allowed us to meet our needs (and some wants) without sacrificing quality or cutting corners.
Jerry House, Big Sky SchoolsRetired
Your team played an invaluable role, beginning with advising on the design of each project...each was completed on schedule and on budget without any sacrifices in quality or attention to detail which is where your firm truly excels.
Don Cape,Developer(406) 582-1118
I have worked with Martel Construction on multiple projects and would choose Martel again if the opportunity arises.
Greg Miller, Universal Athletics(406) 570-9023
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2D. Maintain good relations with the community and adjacent property owners.
Being Good Neighbors: Minimizing Any Public Health, Access, or Safety Risks
Supervision
A supervisor will be on-site during work hours,
ensuring work meets safety and quality
expectations.
Vehicle and Pedestrian Traffic
We often restrict deliveries during peak activity
of occupied buildings. The delivery schedule
will be developed with BFS2 staff. We remain
flexible to unforeseen building needs. We will
avoid disrupting pedestrian traffic on Kagy as
much as possible.
Site Layout and Staging
Specific utilization plans outline the location of
temporary offices, material storage, contractor
access, delivery points, worker and visitor
parking, and other pertinent operation details.
CommunicationWe often establish e-mail distribution lists to update others on progress and courtesy notices for disruptive events.
Fencing and Barricades
Fencing, signs, and barricades set the
construction area’s boundaries to maintain
safety and containment.
Noise
We prioritize scheduling louder activities when
it has minimal impact. Unlike many contractors,
we do not allow music. Neighbors of our work
appreciate not being subject to loud music.
We are masters at balancing being a good neighbor with production. The BFS2 expansion and renovation will require both, like our recent work at SMS, Bozeman Health and BZN, where neighbors are close.
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3A.Cost estimating i. What methodology do you use? ii. How do you organize your estimate? iii. During design, how do you determine the final cost when not all work is shown? iv. Do you
have in-house estimating staff? If so, what are their other responsibilities? How much of their time is spent in cost estimating?
Methodology and Organization
We are ready to begin budgeting immediately. Our team will support ThinkONE’s efforts by providing real-time
cost information and remain focused on cost-saving opportunities throughout the preconstruction process.
Value engineering, strategic timing, and aggressive marketing to subcontractors and suppliers are crucial
to maximizing value. Early in preconstruction, we forecast costs based on historical benchmarks from similar
buildings and factor in adjustments for your specifications. As the design progresses, mini estimates support a
transition to comprehensive milestone estimates. We follow a repeating process of six steps:
Estimates are developed and updated by quantifying and pricing items required for construction. They include
the following information:
References to comparable past projects | Known conditions with cost implications | SchedulesAnticipated labor with productivity levels | Pricing | Equipment needs | Inflation or cost escalations
Mini estimates assist with decision-making throughout preconstruction. They provide the team with initial and
long-term costs for different materials, systems, or assemblies.
Collaborative decision making, detailed pricing, and exhaustive value engineering efforts throughout
preconstruction set the table for success on bid day. Ultimately, the GMP (Guaranteed Maximum Price) relies
on the market’s response during the bidding process.
Undefined Scope
As outlined above in our
response to 2A above, part of
our estimating process we will
be working with the OAC team
to develop an appropriate
level of allowance funds
based on the scope of work
that remains undefined when
establishing the GMP. Tyler
is renowned for his ability to
accurately determine these
amounts.
Any unused allowance funds
will be returned to the COB
upon completion of the work.
In House Estimating
Tyler is our lead estimator,
spending 100% of his time on
developing costs. On the BFS2
project, he will be assisted
by Jason Martel and Mike
Wilkinson.
LEARN
UncoverCOB and BFS2needs andwants as ateam.
ESTIMATE
Provide rough costsfor needsand wants.
DRAW
ThinkONEdraws needsand wants.
VALIDATE
Martelvalidatescosts ofneeds andwants.
REVIEW
BFS2, COB,ThinkONE,and Martelreviewfor value.
APPROVE
COB, BFS2approvesthe item(s).
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3B. Subcontractors i. How do you ensure that this Project will get appropriate response from the
subcontracting community? ii. How much do you use subcontractors for cost information during the precon phase? iii. When would you involve subcontractors in this Project? Which ones? iv. How do you address subcontract bids that are different than the cost estimate?
Many of the area’s best subcontractors look to us first to fill their calendars. They appreciate our reasonable schedules, appropriately allocated budgets, and trade coordination. This interest fosters a competitive bidding environment at a time when demand for service exceeds supply. Customizing scopes of work to match Gallatin Valley’s market capabilities is the most effective way to attract quality local subcontractors. This process alleviates gaps in scopes of work and clearly defines expectations to bidders. When the work fits the market’s expertise – the number of responses is higher. We occasionally encourage subcontractors to join forces. For example, an electrical contractor might partner with a company that runs Ethernet cable to fulfill that portion of their work.
Another activity to build subcontractor interest and public support is a subcontractor and supplier preview event. We promote these events to maximize bidding awareness.
We also advertise bidding with state-wide plan exchanges and interactive e-mail notices. Finally, we make telephone calls to request participation in the process.In today’s tapped market, contractors often respond best to a personal invitation to the project. We have a full-time subcontractor recruiting coordinator who will promote this project.
Other specific strategies include:
» Work towards a February bid for subcontractor and supplier bidding when the industry is slower, and subcontractors are pursuing upcoming work.
» We encourage bids with clear and concise scope. In this busy market, subcontractors gravitate towards work that is quick and easy to understand.
» Promote fair labor and resource requirements so potential bidders can accurately evaluate their ability to succeed. Scheduling labor and material remain everyone’s top concern.
» From selection, our team will reach out to qualified subcontractors for drywall, roofing, storefront and glazing, plumbing, HVAC, and electrical since these are the trades with the highest demand.
Appropriate Subcontractor Response
Matzinger Electric always prefers working with Martel Construction when giventhe choice. Their projects are on schedule, organized, and managed withupmost efficiency. Martel’s project managers and superintendents promote ateam approach, and regularly involve subcontractors like Matzinger Electricthroughout the process.
Jeff Matzinger,Matzinger Electric(406) 587-7290
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Subcontractor Cost Information and Involvement
The OAC (Owner, Architect, Contractor) team will select subcontractors to help with budget and constructability reviews as needed. Typical participants during preconstruction include mechanical, electrical, and plumbing trades.
We regularly execute Early Work Amendments (EWAs) to expedite the schedule, control costs, or accommodate our clients’ needs. EWAs were used on the Bozeman and Missoula airport expansions to coincide with federal funding and disbursement requirements. Savings often fund wish-list items that might otherwise be postponed or eliminated.
Early bid packages allow bidding in multiple phases, handle the procurement of long-lead items, and invite subcontractor design assistance. Thorough planning often mitigates the risk of procurement challenges due to limited material availability.
SubcontractorBid Variations andMisunderstandings
Bid variances often expose a misunderstanding of scope, schedule, or quality. We work with the designers to clarify documents where the wording of a specification may trigger an unintended or more expensive product or process. Comprehensive project documents, provide detailed scope requirements fitting local trade professionals’ capabilities, and ensure adequate time to prepare and evaluate bids.
We know Martel is committed to supporting local suppliers like us, Montana Doorways Plus, Inc., who rely on work in the area to remain profitable and growing. Working with Martel and their team of construction management professionals couldn’t be easier. They pride themselves on being supplier friendly which makes their work attractive and smooth from start to finish. Who doesn’t love a clean, smooth project??!!!
Dan Ruud,Montana Doorways Plus(406) 388-7995
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3C. Value Engineering
3D. Budget Reductions
Historically, contractors have used VE to help keep costs under control. While this has proven to provide successful budget outcomes for clients, we
take VE farther.
We promote a process where the OAC team works together early to fit your needs (and hopefully wants) within your budget. Real-time estimating
for different architectural, structural, mechanical, and electrical systems aids in evaluations. Initial and long-term maintenance and operational costs
also contribute to the decision-making process.
We rarely face budget reductions as our Value Engineering expertise is almost always able to find a way to reach our client’s budgets. Budget reductions or removing building elements is a last-ditch effort to fit the BFS2 to available funds.
design developmentproducts & materials
schematic designshape & size
SAVINGSTIME
construction documentsfitting everything together
bidding and procurementhow you intend to buy it
construction phasehow you bought it &minimizing changes
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3E. Planning and scheduling the construction work i. Do you use critical path scheduling methods? ii. How do you manage and schedule the procurement and the submittals process
and its impact on field activities? iii. How do you track progress? iv. Do you use computer software to develop the schedule? v. Provide examples of the last schedule from two recently completed projects.
Critical Path Method
Yes
Manage the Schedule
Scheduling encompasses both “short-range” and “master” schedules. We use Microsoft Project as our scheduling software.
Short range schedules are developed weekly from the master schedule and include continuous input from coordination meetings. They outline day-to-day activities, expose actual versus planned progress markers, promote continuity among trades, and provide a weekly update to all stakeholders.
We create a master schedule that outlines timelines and dates from preconstruction through completion. The master schedule is continually updated to coincide with the building’s design. Significant categories are broken down into smaller tasks to meet design, budgeting, and bidding dates. The master schedule outlines timeline expectations in the bid documents. Input from trusted subcontractors ensures we accurately account for durations and adherence to submittal requirements.
Submittals
Submittals include specific components of
the overall schedule and milestone dates
for procurement linked to construction
activities. We lead the submittal process
with the design team and promote a secure
cloud-based portal.
Tracking Progress
The short-range 3 to 4-week schedules are created and filtered from the overall master schedule. Dynamic scheduling allows us to update the overall schedule and track activities simultaneously. By utilizing both schedules, we control progress and address how this affects future activities.
Subcontractors and suppliers are required to provide a detailed schedule of values for all work associated with their monthly billing. In addition to ensuring accurate invoicing, it provides insight into overall progress. If a task is supposed to be 50% complete yet is 35% billed, it needs to be accelerated. Schedule versus billing reviews and related adjustments evolve during subcontractor meetings.
Computer Software
We use Microsoft Office Project.
Sample Schedules
Please see attached schedules.
Keys to Success
1. Utilize preliminary site investigations to uncover unknowns early. These studies minimize surprises.
2. Once the design nears completion, we confirm existing conditions to reduce bidders’ risk. In addition to making this a more attractive bidding opportunity, it lowers the chance of change orders during construction.
3. Utilize early procurement of long-lead items. When working with short periods to perform the work, this process will eliminate any waiting for materials when the time comes for installation. The importance of this cannot be overstated when a one-week delay on a critical path item could derail the entire schedule.
4. To harmonize the complex matrix of schedules and work needs, a one-size-fits-all program will not work. Selected subcontractors will guide us in procurement, phasing, and sequencing to ensure an efficient road map to complete the work.
5. Closeout begins with all subcontractors prior to completion. Since this project is condensed and accelerated, swift completion of all startup, training, final cleaning, and punch list tasks is critical.
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3F. Project Communication
The secret to effective construction management is leveraging modern communication tools and methods.
Our cloud-based file storage streamlines workflows and ensures all are working from the same set of documents. Participants are updated on progress updated in real-time, capitalizing on momentum. Additionally, version control and audit trails minimize risk.
Stakeholders will receive a daily report complete with photos, resources used, weather, and other pertinent information for that day’s activities.
OAC meetings occur bi-weekly to discuss RFIs, submittals, schedule, and general inquiries. These may be followed by site visits, if desired. Detailed meeting minutes are recorded and e-mailed to all parties, even if not in attendance. We lead weekly subcontractor meetings to summarize essential details from the OAC meetings and coordinate schedule expectations. Representatives from ThinkONE, COB, and BFS2 are encouraged to attend subcontractor meetings at any time. Cloud-based software hosts RFIs and Submittals, allowing all team members to collaborate in one place. The convenience of cloud management promotes timely and accurate reviews by all.
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Thank You!
1203 S. Church Avenue | Bozeman, MT 59715 | (406) 586-8585www.martelconstruction.com
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Project Name Owner Architect Year % Completed Est. Final Contract
Missoula Airport IV Chris Martison (406) 721-5643 Tim Damrow (406) 830-7033 2021 50 $75,000,000
Voelker Residence Justin Helmbrecht (206) 624-5670 Jim and Patty Voelker 2021 80 $8,559,100
Flathead County Facilities Shawn Pauly (406) 257-8172 Whitney Aschenwald (406) 758-2467 2021 50 $4,884,911
Bridger Vet Clinic Brady Hickcox (320) 894-1676 Joshua Jackson (406) 587-3996 2022 20 $5,000,000
Billings Clinic Shannon Christensen (406) 657-4036 Mitch Goplen (406) 657-4036 2022 50 $33,266,643
Aspen Crossing Ryan Scharf (406) 451-7310 Mike Hope (406) 587-2555 2021 90 $12,903,195
Project Name Owner Architect Year % Self Perform Final Cost
MSU Bobcat Athletic Complex Bryan Tate (406) 599-9648 Dusty Eaton (406) 248-2633 2020 50 $14,000,000
Bozeman Health Women's Services NICU, LDR Mike Noli (615) 512-1612 Ted Conover (406) 556-7100 2021 50 $10,158,420
Bozeman Airport Phase IV Brian Sprenger (406) 388-8321 Elizabeth Growney (406) 586-1112 2020 50 $20,800,000
Muldown Elementary School Dow Powell (406) 261-3698 Tim Peterson (406) 771-0770 2020 50 $24,000,000
Central Valley Fire Station Ron Lindroth (406) 388-4480 Bill Hanson (406) 586-7020 2019 50 $7,192,880
MSU Innovation Campus ARL Cristie Tate (406) 209-0154 Dusty Eaton (406) 248-2633 2019 50 $7,640,640
NorthWestern Energy Service Center John Habeger (406) 497-2571 Brad Doll (406) 451-7310 2019 50 $10,625,189
Boy Scouts - K Bar M Lodge Jory Dellinger (406) 926-1810 Scott Johnson (406) 550-1811 2019 50 $11,500,000
Belgrade High School Bryan Tate (406) 599-9648 Alex Russell (406) 556-7100 2019 50 $25,063,278
MSU Norm Asbjornson Hall Brett Gunnink (406) 994-2272 Dusty Eaton (406) 248-2633 2018 50 $40,193,870
Canyon Lodge Food & Beverage Renovation Matt Davey (307) 344-5654 Lesley Gilmore (406) 922-7114 2017 50 $6,395,025
Stock Farm Club Dave Mackie (406) 493-5603 Justin Alexander (406) 451-7310 2017 50 $6,471,000
Teal Dorm Addie Wickham (307) 344-5344 Anna Lindstrand (406) 449-2013 2017 50 $7,784,250
Whitefish City Hall and Parking Garage Craig Workman (406) 863-2455 Ben Tintinger (406) 449-2013 2017 50 $13,929,686
Sacajawea Middle School Expansion Gordon Grissom (406) 522-6400 Brad Doll (406) 451-7310 2017 50 $14,654,250
BH Highland Park 5 John Sommer (406) 556-5448 Jeff Hultgren (406) 248-7459 2017 50 $23,511,104
MSU Parking Garage Sam Des Jardins (406) 994-4883 Dusty Eaton (406) 248-2633 2016 50 $10,771,728
Canyon Lodging Devin Wille (406) 579-0870 Keith Hayes (303) 455-1366 2016 50 $49,193,883
Please see our projects above in 3.4 for our commitments. We operate below our $130,000,000 annual capacity.
Retail experience include work for national and local retail including Universal Athletic Service, Shopko, Scheels, Audi, Ford, Pierce, and Holiday Station Store.
Recent renovation and expansion experience include work at Bozeman Airport, Montana State University, Bozeman and Billings Hilton Garden Inns, and Xanterra Parks & Resorts.
Full project listings and image galleries can be found on our website: www.martelconstruction.com
Contact Business Telephone
Jake Ek Northwest Plumbing, Inc. 406-393-2150
Kelson Ramey Hagestad Painting 406-253-4976
Jeff Matzinger Matzinger Electric 406-587-7290
Rex Kleinsasser Air Controls 406-587-6292
Steve Armknecht Valley Glass & Windows 406-586-0581
3.4: Construction Projects - Current $4+ Million
3.5: Major Construction Projects - 5 Year / $5+ Million
3.6: Construction Experience and Commitments
4.1: Trade References
* We can self-perform concrete, rough and finish carpentry, installation of doors and hardware, and installation of specialty products. Self-performance has positive benefits, including
tighter quality control, and the ability to accelerate the schedule. We have a low employee turnover rate, ensuring some of the area’s best craftsmen will be working on your project.
With each project, we have no preconceived plan for self-performing. Self-performed work sorts itself out during the procurement process.
Self-performed scopes of work are bid, administered, and accounted for as if we were a subcontractor.
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Jason Martel
Shareholder | Principal in Charge
OVERVIEW
Bozeman Office
(406) 586-8585
jmartel@martelconstruction.com
Jason is interactive with owners, architects, and subcontractors to
ensure we achieve quality, budget, and schedule expectations. He
attends meetings, contributes to schedule and budget decisions,
and allocates company resources where needed. Jason takes an
unmatched level of personal interest in our clients, who appreciate
his contributions in meetings and other correspondence. Owners
and designers value having a majority owner of their contractor firm
readily accessible.
Montana State UniversityStudied Business
Years in Industry36
Years with Martel36
Board MemberSummit Hotel Home Owners’ Association
ChairmanBozeman Building Code Board of Appeals
ChairmanLegacy Insurance Board of Directors
Mitch Goplen
Billings Clinic
(406) 657-4036
Don Cape
JWT Companies
(406) 582-1118
» Bozeman Yellowstone International Airport
» MSU Bobcat Athletic and Bozeman Health Complex
» Billings Clinic - Bozeman Campus
» Bozeman Health Renovations and Expansions
» MSU Norm Asbjornson Hall
» Yellowstone Park Facility Expansions and Renovations
» Hilton Garden Inn Bozeman, Billings
» BSA Montana KM Ranch Expansions and Renovations
Similar Projects
Community
References
Experience
Education
Employment
» GC/CM Delivery
» Fire Station Construction
» Bozeman Market
» Tight Job Sites
» Multiple Owner Groups
Brett Gunnink
MSU College of Engineering
(406) 994-2272
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Mike Wilkinson
Shareholder | Project Engineer
OVERVIEW
BFS2 Job Site
(406) 570-6638
mwilkinson@martelconstruction.com
Mike will be the communication specialist for the project, working
with the leadership team to ensure construction documents remain
current and thorough. He will work on design and constructibility
reviews, subcontractor and supplier recruitment and relationships,
budgeting, value engineering, scheduling, safety, quality control,
phasing plans, RFI’s, inspections, project closeout, and any other
tasks.
Montana State University
BS: Construction Engineering
Years in Industry
22
Years with Martel
16
Brian Sprenger
Director
BZN
(406) 388-8321
Mark Maierle
Project Manager
Morrison Maierle
(406) 570-9430
» Bozeman Yellowstone International Airport
» Missoula Montana Airport
» Sacajawea Middle School Renovation
» Central Valley Fire Station
» Moonlight Basin Lodge
» Ressler Arena
Similar Projects
Certifications
References
Experience
Education
Employment
» GC/CM Delivery
» Fire Station Construction
» Bozeman Market
» Tight Job Sites
» Multiple Owner Groups
Tim Damrow
Facilities Director
MSO
(406) 830-7033
Occupational Safety & Health Administration
OSHA 10 & 30 Certifications
Montana Department of Environmental Quality
Storm Water Pollution Prevention Plan Administrator
United States Army Corps of Engineers
Quality Control Testing Course
Associated General Contractors of America
Lean Construction & BIM Training | A
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Forrest Wesen
General Superintendent
OVERVIEW
BFS2 Job Site
(406) 599-6671
forrest@martelconstruction.com
Years in Industry22
Years with Martel15
OSHA 10 & 30 CertificationOccupational Safety & Health Administration
Storm Water Pollution Prevention Plan AdministratorMontana Department of Environmental Quality
Project Management, LEAN Construction, and BIM Certificates
Associated General Contractors of America
Joe Nelson
Central Valley Fire District
(406) 586-1995
Bryan Tate
Tate Management
(406) 599-9648
Don Cape
JWT Companies
(406) 582-1118
Forrest will synchronize and oversee the efforts of all construction
workers; ensure that all work complies with requirements; create and
enforce the schedule; guide the planning and implementation of jobsite
safety; ensure compliance to budgetary constraints; monitor efficiency
of all construction activities; communicate progress to stakeholders and
leaders.
» MSU Bobcat Stadium Expansions
» Central Valley Fire Station
» Bozeman Health Campus Expansions and Renovations
» Hilton Garden Inn Bozeman New + Renovations
» Springhill Presbyterian Church
» MSU Norm Asbjornson Hall
» Gallatin County Detention Center
Similar Projects
Certifications
References
Experience
Employment
» GC/CM Delivery
» Fire Station Construction
» Bozeman Market
» Tight Job Sites
» Multiple Owner Groups
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Chris Dyson
Project Superintendent
OVERVIEW
BFS2 Job Site
(406) 548-4483
cdyson@martelconstruction.com
Years in Industry17
Years with Martel8
OSHA 10 Certification
Occupational Safety & Health Administration
Bryan Tate
Tate Management
(406) 599-9648
Kris Koessl
A&E Architects
(406) 698-2388
Mike Huempfner
Commercial Client
(406) 580-1771
Chris will supervise and work with all staff and subcontractors on site.
He will enforce safety, coordinate tasks, supervise the use of tools and
equipment, and report on progress to the leadership team. He also will
work with Forrest to ensure quality through planning, monitoring, and
inspections.
» Private Ranch Development
» MSU Bobcat Athletic Complex
» Central Valley Fire Station
» MSU Norm Asbjornson Hall
» Private Airplane Hangar
Similar Projects
Certifications
References
Experience
Employment
» GC/CM Delivery
» Fire Station Construction
» Bozeman Market
» Tight Job Sites
» Multiple Owner Groups
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Tyler Ragen
Shareholder | Estimator
OVERVIEW
Bozeman Office
(406) 586-8585
tragen@martelconstruction.com
Tyler will prepare detailed cost estimates that address every part
of the building project; recommend solutions to maintain budget
limitations; submit accurate and thorough cost estimates; factor
variables to compensate for inclement weather and unforeseen
events; consult with project-specific trade experts to get advice
on difficult cost estimates; assist with value engineering and what-
if calculations; and maintain current cost estimates throughout
preconstruction.
Montana State UniversityBS - Construction Engineering
Years in Industry17
Years with Martel
8Associated General Contractors of America
Certificate of Management - Building Information Modeling
Jay Fischer, Group Leader
Morrison Maierle
(406) 587-0721
Dusty Eaton, CEO
A&E Design
(406) 248-2633
Bryan Tate, Principal
Tate Management
(406) 599-9648
» Bozeman Yellowstone International Airport
» Missoula Montana Airport
» Belgrade High School Expansion
» Bozeman Health Expansions and Renovations
» MSU Bobcat Athletic Complex
» MSU Norm Asbjornson Hall
» MSU Parking Garage
» BSA Montana KM Ranch Expansions and Renovations
» Belgrade High School Renovation & Expansion
» Burgard Office Buildings
» Haven Campus
» Aspen Crossing
» NorthWestern Energy Renovation and Expansion
» Ellen Theatre Restorations
Similar Projects
Certifications
References
Experience
Education
Employment
» GC/CM Delivery
» Fire Station Construction
» Bozeman Market
» Tight Job Sites
» Multiple Owner Groups
449
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring
and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website
or equivalent “best practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
450
Attachment B PROPOSAL FORMS The following will be attached to the notices which invite Proposals to each qualified Respondent in a form
substantially similar to: FORM PF The Respondent agrees to furnish Preconstruction Services as set forth in this Solicitation for Proposals in the
amount of (Numerical and written) __________________________________________________($_______________________). FORM CF The Respondent agrees to charge the following percentage of the Cost of the Work as set forth in this Solicitation for Proposals in the amount of: (Numerical and written) __________________________________________________(_______________%) for the construction phase of the contract with the City. FORM GC (see attached)
451
Martel Construction, Inc.
Bozeman Fire Station #2
Office Expense:Monthly Amount Lump Sum
CM Field Office, Furniture & Furnishings 870.00$
Office Supplies 200.00$
Field Office Equipment & Maintenance 100.00$
Jobsite Radios/Beepers -$
Copy Machine & Maintenance -$
Computers and Fax Usage Software & Maintenance 100.00$
Field Office Telelphone and Long Distance 160.00$
Office Janitorial 100.00$
Postage, Messenger and Express Mail 50.00$
Plans & Specifications (sets per bid pkg)2,400.00$
Scheduling Expenses -$
Construction Photos & Supplies -$
Job Travel 1,350.00$
Job Meetings & Ceremony Expense 750.00$
Partnering Sessions -$
Construction Trade Training Program -$
Record Drawings Expense -$
Audit -$
Record Storage -$
Public Information Program (Site Signage)1,400.00$
QC/QA Manager (including all fringe and insurance)-$
Construction Mangement Labor:
Cost Management Labor (including all fringe and insurance)1,407.00$
Safety Office Labor (including all fringe and insurance)750.00$
General Conditions Labor (including all fringe and insurance)18,271.00$
Monthly Total:23,358.00$ /month
Lump Sum Total:4,550.00$
Other not listed above:
Safety and First Aid 75.00$
Daily Cleanup 5,725.00$
Toilets 480.00$
TOTAL:29,638.00$ /month 4,550.00$
Form GC
CONSTRUCTION PHASE GENERAL CONDITIONS COSTS
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Pre Contruction Phase Estimate - Schematic Design Qty Unit Rate Amount
Team Meetings & Related Prep Work 16 hr $85.00 $1,360.00
Schematic Estimate Development 40 hr $85.00 $3,400.00
Value Engineering Analysis 4 hr $85.00 $340.00
Schedule Review & Update 4 hr $85.00 $340.00
Project Logistics & Strategic Planning 4 hr $85.00 $340.00
Subcontractor Engagement - est $0.00 $0.00
Document Printing - Not Required - 100% Digital - est $0.00 $0.00
$5,780.00
Pre Contruction Phase Estimate - Design Development Qty Unit Rate Amount
Team Meetings & Related Prep Work 8 hr $85.00 $680.00
Design Development Estimate Update 40 hr $85.00 $3,400.00
Value Engineering Analysis 4 hr $85.00 $340.00
Constructability Review 8 hr $85.00 $680.00
Schedule Review & Update 4 hr $85.00 $340.00
Subcontractor Engagement 1 est $2,500.00 $2,500.00
Document Printing - Not Required - 100% Digital - est $0.00 $0.00
$7,940.00
Pre Contruction Phase Estimate - GMP Qty Unit Rate Amount
Review Designer Provided Bid Documents 12 hr $85.00 $1,020.00
Develop GC/CM Bid Documents 8 hr $85.00 $680.00
GMP Development, Scoping, & Post-Qualification Efforts 40 hr $85.00 $3,400.00
Project Advertisement - Digital / Print 1 est $1,000.00 $1,000.00
Project Promotion / Outreach - Telephone 24 hr $85.00 $2,040.00
Document Printing 1 est $600.00 $600.00
$8,740.00
$22,460.00
Construction Fees & Rates Contract Value Rate Amount
General Liability Insurance - $10 Million Aggregate TBD 0.89%
100% Performance & Payment Bond TBD 0.75%
Contractor Fee - Home Office Overhead and Profit TBD 5.00%
Builder's Risk Insurance TBD 0.36%
MARTEL CONSTRUCTION, INC
Preconstruction Services and Fee Schedule
Bozeman Fire Station #2
January 18, 2022
Subtotal, Design Development Phase:
Subtotal, GMP Phase:
Total Preconstruction Services Fee:
Subtotal, Schematic Phase:
Form PF Supporting Document
453
IDTask ModeTask NameDuration Start Finish1Contract Negotiations71 daysMon 2/10/20Mon 5/18/202Value Engineering30 daysMon 2/10/20Fri 3/20/203Owner Contract31 daysMon 3/23/20Mon 5/4/204Notice to Proceed1 dayTue 5/5/20Tue 5/5/205Insurance and Bonds5 daysTue 5/5/20Mon 5/11/206Subcontracts5 daysTue 5/12/20Mon 5/18/207Submittals50 daysTue 5/12/20Tue 7/21/208Utilities10 daysTue 5/12/20Tue 5/26/209Rebar30 daysTue 5/12/20Tue 6/23/2010Structural Steel30 daysTue 5/12/20Tue 6/23/2011Concrete Mix Designs10 daysTue 5/12/20Tue 5/26/2012All Remaining Submittals45 daysTue 5/19/20Tue 7/21/2013Mobilization15 daysWed 5/13/20Wed 6/3/2014Layout Building Footprint1 dayWed 6/3/20Wed 6/3/2015Install Site Perimeter Fence2 daysWed 5/13/20Thu 5/14/2016Install Construction Signage1 dayFri 5/15/20Fri 5/15/2017Move In Trailer1 dayFri 5/15/20Fri 5/15/2018Portable Toilets1 dayFri 5/15/20Fri 5/15/2019SWPPP Install3 daysMon 5/18/20Wed 5/20/2020Office Power and Data2 daysMon 5/18/20Tue 5/19/202122Site and Structure Demo19 daysMon 5/18/20Fri 6/12/2023Remove all MSU Materials3 daysMon 5/18/20Wed 5/20/2024Disconnect Pluming and Gas1 dayThu 5/21/20Thu 5/21/2025Disconnect Electrical1 dayThu 5/21/20Thu 5/21/2026Relocate north portion of roof structure5 daysFri 5/22/20Fri 5/29/2027Ticket Booth, Fence and Remaining Roof Structure Demo5 daysMon 6/1/20Fri 6/5/2028Site Demo5 daysMon 6/8/20Fri 6/12/2029Foundation Excavation and EAPs14 daysTue 6/2/20Fri 6/19/2030Layout EAPS2 daysTue 6/2/20Wed 6/3/2031Install EAPs6 daysThu 6/4/20Thu 6/11/2032Layout Foundation3 daysFri 6/5/20Tue 6/9/2033Foundation Excavation 10 daysMon 6/8/20Fri 6/19/2034Haul Spoils3 daysMon 6/15/20Wed 6/17/2035Foundations and Strucutural CMU76 daysThu 6/11/20Fri 9/25/2036Form perimiter ftgs Grid 1 (FDN 2)3 daysTue 6/16/20Thu 6/18/2037Prefab pad ftg boxes Including Elevator pad (FDN 7)2 daysThu 8/13/20Fri 8/14/2038Form Basement Ftgs (FDN 1)3 daysThu 6/11/20Mon 6/15/2039Form Perimeter Ftgs Grid 1-9 between N and L (FDN 3)5 daysFri 6/19/20Thu 6/25/20JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 1Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21454
IDTask ModeTask NameDuration Start Finish40Form Grid 3 Brace Frame Ftg (FDN 8)3 daysMon 8/17/20Wed 8/19/2041Form Grid 7 and 8 interior ftgs (FDN 9)3 daysThu 8/20/20Mon 8/24/2042Form Perimeter ftgs GLs L to F and 6-9 (FDN 4)3 daysFri 6/26/20Tue 6/30/2043Form Perimeter Ftgs Grid 6 between F and A (FDN 5)2 daysMon 7/13/20Tue 7/14/2044Form Perimeter Ftgs Grid 6-1 and Btwn A and C (FDN 6)3 daysMon 8/10/20Wed 8/12/2045Form interior Ftgs Including elevator pit (FDN7)3 daysThu 8/13/20Mon 8/17/2046Form spread footings at GL 2.9(FDN10)2 daysTue 8/25/20Wed 8/26/2047Mobilize 70 Ton2 daysFri 9/4/20Tue 9/8/2048Place Footing Rebar FDN 12 daysWed 6/24/20Thu 6/25/2049Place Footing Rebar FDN 22 daysFri 6/19/20Mon 6/22/2050Place Footing Rebar FDN 32 daysFri 6/26/20Mon 6/29/2051Place Footing Rebar FDN 42 daysWed 7/1/20Thu 7/2/2052Place Footing Rebar FDN 52 daysFri 7/3/20Thu 7/16/2053Place Footing Rebar FDN 62 daysThu 8/13/20Fri 8/14/2054Place Footing Rebar FDN 72 daysTue 8/18/20Wed 8/19/2055Place Footing Rebar FDN 82 daysThu 8/20/20Fri 8/21/2056Place Footing Rebar FDN 92 daysTue 8/25/20Wed 8/26/2057Place Footing Rebar FDN 102 daysThu 8/27/20Fri 8/28/2058Place Footings FDN 12 daysFri 6/26/20Mon 6/29/2059Place Footings FDN 22 daysTue 6/23/20Wed 6/24/2060Place Footings FDN 32 daysTue 6/30/20Wed 7/1/2061Place Footings FDN 42 daysFri 7/3/20Mon 7/6/2062Place Footings FDN 52 daysTue 7/7/20Mon 7/20/2063Place Footings FDN 62 daysFri 8/14/20Tue 8/18/2064Place Footings FDN 72 daysThu 8/20/20Fri 8/21/2065Place Footings FDN 82 daysMon 8/24/20Tue 8/25/2066Place Footings FDN 92 daysThu 8/27/20Fri 8/28/2067Place Footings FDN 102 daysMon 8/31/20Tue 9/1/2068Build Masonry Blockout Buck for Grid 2.91 dayWed 9/2/20Wed 9/2/2069CMU Structural Wall at Grid 2.910 daysMon 9/14/20Fri 9/25/2070Form Walls FDN 24 daysThu 7/9/20Tue 7/14/2071Form Basement Walls FDN 14 daysTue 6/30/20Fri 7/3/2072Form Walls FDN 36 daysThu 7/2/20Thu 7/9/2073Form Walls FDN 44 daysTue 7/7/20Fri 7/10/2074Form Walls FDN 54 daysMon 7/20/20Fri 7/24/2075Form Walls FDN 64 daysTue 8/18/20Mon 8/24/2076Form Walls Elevator (FDN 7)1 dayMon 8/24/20Mon 8/24/2077Place Rebar Basement Walls FDN 12 daysTue 6/30/20Wed 7/1/2078Place Rebar FDN 22 daysThu 6/25/20Fri 7/10/2079Place Rebar FDN 33 daysThu 7/2/20Mon 7/6/2080Place Rebar FDN 42 daysTue 7/7/20Wed 7/8/2081Place Rebar FDN 52 daysMon 7/20/20Wed 7/22/2082Place Rebar FDN 62 daysTue 8/18/20Thu 8/20/2083Place Rebar FDN 71 dayTue 8/25/20Tue 8/25/2084Place Basement Walls (FDN 1)2 daysFri 7/17/20Mon 7/20/2085Place Walls FDN 22 daysFri 7/10/20Tue 7/14/20JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 2Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21455
IDTask ModeTask NameDuration Start Finish86Place Walls FDN 32 daysTue 7/7/20Wed 7/8/2087Place Walls FDN 42 daysThu 7/9/20Fri 7/10/2088Place Walls FDN 52 daysWed 7/22/20Fri 7/24/2089Place Walls Elevator (FDN 7)2 daysWed 8/26/20Thu 8/27/2090Place Walls FDN 62 daysThu 8/20/20Mon 8/24/2091Insulation FDN 23 daysTue 7/14/20Fri 7/17/2092Insulation at Basement FDN 11 dayFri 7/24/20Fri 7/24/2093Insulation FDN 33 daysThu 7/9/20Mon 7/13/2094Waterproofing and Insulation & Sheet Drainage FDN 42 daysMon 7/13/20Tue 7/14/2095Insulation FDN 52 daysFri 7/24/20Tue 7/28/2096Insulation FDN 62 daysMon 8/24/20Wed 8/26/2097Below grade block FDN 13 daysFri 7/24/20Tue 7/28/2098Below grade block FDN 23 daysTue 7/14/20Fri 7/17/2099Below Grade Block FDN 33 daysThu 7/9/20Mon 7/13/20100Below grade block FDN 53 daysFri 7/24/20Wed 7/29/20101Below grade block FDN 63 daysMon 8/24/20Thu 8/27/20102Waterproofing & Sheet Drainage FDN 12 daysMon 8/3/20Tue 8/4/20103Waterproofing & Sheet Drainage FDN 22 daysWed 7/22/20Fri 7/24/20104Waterproofing & Sheet Drainage FDN 33 daysFri 7/24/20Wed 7/29/20105Waterproofing & Sheet Drainage FDN 52 daysMon 8/3/20Wed 8/5/20106Waterproofing & Sheet Drainage FDN 62 daysTue 9/1/20Thu 9/3/20107Backfill Basement2 daysWed 8/5/20Thu 8/6/20108Backfill Foundations15 daysWed 9/2/20Thu 9/24/20109Utilities108.8 daysMon 6/8/20Fri 11/6/20110New Water line11 daysMon 6/8/20Mon 6/22/20111Temp Service Line to Block Buildings2 daysTue 6/23/20Wed 6/24/20112Temp Sanitary to Block Buildings2 daysThu 6/25/20Fri 6/26/20113New Sanitary Sewer on West side of Building6 daysMon 6/29/20Mon 7/6/20114New Storm Drain6 daysTue 7/7/20Tue 7/14/20115New Primary Power20 daysThu 9/24/20Thu 10/22/20116Alarm Connection10 daysThu 10/22/20Thu 11/5/20117Fiber Optic to Existing Manhole from Field House30 daysFri 9/18/20Thu 10/29/20118New Water Service to Building3 daysTue 6/23/20Thu 6/25/20119New Sanitary Service to Building3 daysTue 7/7/20Thu 7/9/20120Completed Utility Installation1 dayThu 11/5/20Fri 11/6/20121122Steel Erection31 daysMon 9/14/20Mon 10/26/20123Erect Steel Grids N-F and 1-910 daysMon 9/14/20Fri 9/25/20124Move Crane1 dayMon 9/28/20Mon 9/28/20125Erect Steel Grids F-A and 1-610 daysTue 9/29/20Mon 10/12/20126Steel Decking Grids N-F and 1-95 daysMon 9/28/20Fri 10/2/20127Steel Decking Grids F-A and 1-65 daysTue 10/13/20Mon 10/19/20128Canopy Framing5 daysTue 10/13/20Mon 10/19/20129Mechanical Frame Install5 daysTue 10/20/20Mon 10/26/20130C Channel Fascia5 daysTue 10/20/20Mon 10/26/20JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 3Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21456
IDTask ModeTask NameDuration Start Finish131132Underslab Rough In28 daysWed 9/2/20Tue 10/13/201336" Sanitary3 daysWed 9/2/20Tue 9/8/20134Underslab Plumbing @ Basement3 daysTue 9/8/20Fri 9/11/20135Underslab Plumbing Grids F-N10 daysTue 9/8/20Tue 9/22/20136Underslab Plumbing Grids F-A10 daysTue 9/22/20Tue 10/6/20137Underslab Hydronic Lines Grids F-N5 daysTue 9/8/20Tue 9/15/20138Underslab Hydronic Lines Grids F-A5 daysTue 9/22/20Tue 9/29/20139Underslab Electrical @ Basement (Bonding)2 daysFri 9/11/20Tue 9/15/20140Underslab Electrical Grids F-N10 daysTue 9/15/20Tue 9/29/20141Underslab Electrical Grids F-A10 daysTue 9/29/20Tue 10/13/20142143Slabs131.2 daysTue 9/15/20Tue 3/23/21144Slab on Grade131.2 daysTue 9/15/20Tue 3/23/21145Slab Gravel Grid 1-2.5 and N-F3 daysTue 9/29/20Fri 10/2/20146Slab Gravel Grid 2.5-5 and N-F3 daysTue 9/29/20Fri 10/2/20147Slab Gravel 5-9 and L-F3 daysTue 9/29/20Fri 10/2/20148Slab Gravel Grids 1-2.5 and F-A3 daysTue 10/13/20Fri 10/16/20149Slab Gravel Grids 2.5-5 and F-A Weight Room3 daysMon 11/16/20Wed 11/18/20150Slab Gravel @ Basement1 dayTue 9/15/20Wed 9/16/20151Vapor Barrier Grids 1-2.5 and N-F2 daysFri 10/2/20Tue 10/6/20152Vapor Barrier Grids 2.5-5 and N-F2 daysFri 10/2/20Tue 10/6/20153Vapor Barrier Grids 5-9 and L-F3 daysMon 11/23/20Wed 11/25/20154Vapor Barrier Grids 1-2.5 and F-A3 daysThu 12/17/20Mon 12/21/20155Vapor Barrier Grids 2.5-6 and F-A3 daysThu 11/19/20Mon 11/23/20156Vapor Barrier @ Basement1 dayWed 9/16/20Thu 9/17/20157Form Slab recesses Grid 1-2.5 and N-F2 daysTue 10/6/20Thu 10/8/20158Place Slab Rebar Grid 1-2.5 and N-F2 daysWed 10/21/20Fri 10/23/20159Place Slab Grid 1-2.5 and N-F2 daysFri 10/23/20Tue 10/27/20160Form Slab recesses Grid 2.5-9 and N-F2 daysMon 12/7/20Tue 12/8/20161Place Slab Rebar Grid2.5-5 and N-F2 daysThu 10/29/20Mon 11/2/20162Place Slab Rebar Grid 5-9 and L-F2 daysMon 11/30/20Tue 12/1/20163Place Slab Grid 2.5-5 and N-F2 daysMon 11/2/20Wed 11/4/20164Place Slab Grid 5-9 and L-F2 daysWed 12/2/20Thu 12/3/20165Place Slab Rebar Basement1 dayMon 9/21/20Mon 9/21/20166Place Slab Basement1 dayWed 9/23/20Wed 9/23/20167Form Slab Recesses Grids F-A and 1-62 daysMon 12/7/20Tue 12/8/20168Place Slab Rebar F-A and 1-63 daysWed 12/9/20Fri 12/11/20169Place Slab F-A and 1-6 Not Including Weight Room3 daysMon 12/14/20Wed 12/16/20170Place Weight Room Slab2 daysTue 12/15/20Wed 12/16/20171Place Polished Slabs4 daysThu 3/18/21Tue 3/23/21172Slab on Deck50 daysMon 11/9/20Thu 1/21/21173Electrical In slab Grids M.5 - E4 daysMon 11/9/20Thu 11/12/20174Plumbing Deck Penetrations M.5-E4 daysMon 11/9/20Thu 11/12/20175Mechanical Deck Penetrations M.5-E4 daysMon 11/9/20Thu 11/12/20176Place Slab Rebar M.5-E3 daysFri 11/13/20Tue 11/17/20JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 4Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21457
IDTask ModeTask NameDuration Start Finish177Place Slab on Deck M.5-E2 daysTue 12/8/20Wed 12/9/20178Electrical In slab Grids E-A3 daysFri 11/13/20Tue 11/17/20179Plumbing Deck Penetrations E-A3 daysMon 11/9/20Wed 11/11/20180Mechanical Deck Penetrations E-A3 daysMon 11/9/20Wed 11/11/20181Place Slab Rebar E-A2 daysThu 12/10/20Fri 12/11/20182Place Slab on Deck E-A2 daysTue 12/8/20Wed 12/9/20183184Exterior Framing and Dry In144 daysWed 11/18/20Mon 6/14/21185Framing Grid 1-9 and L-N5 daysWed 11/18/20Tue 11/24/20186Install Exterior HM Door Frames West Elevation1 dayWed 11/18/20Wed 11/18/20187Framing Grid 9, L-F5 daysWed 11/25/20Thu 12/3/20188Install Exterior HM Door Frames North Elevation1 dayWed 11/25/20Wed 11/25/20189Framing Grid 9-6 and F-A40 daysFri 12/4/20Mon 2/1/21190Install Exterior HM Door Frames East Elevation1 dayFri 12/4/20Fri 12/4/20191Framing Grid 6-1 and A-B.510 daysFri 12/11/20Fri 2/12/21192Framing Grid 1, A-N5 daysFri 12/18/20Thu 12/24/20193Install Exterior HM Door Frames South Elevation2 daysFri 12/11/20Mon 12/14/20194Framing Second Floor Exterior Walls14 daysMon 12/28/20Fri 1/15/21195Install Exterior HM Door Frames Second Floor1 dayTue 1/26/21Tue 1/26/21196Smart CI, Insulation, Grid 1-9 and L-N10 daysWed 11/25/20Thu 12/10/20197Smart CI, Insulation, Grid 9, L-F4 daysFri 12/4/20Wed 12/9/20198Smart CI, Insluation, Grid 9-6 and F-A6 daysTue 2/2/21Tue 2/9/21199Smart CI, Insulation, Grid 6-1 and A-B.56 daysWed 1/27/21Wed 2/3/21200Smart CI, Insulation, Grid 1, A-N25 daysMon 12/28/20Mon 2/1/21201Smart CI, Insulation, Second Floor7 daysMon 1/18/21Tue 1/26/21202Air Barrier Grid 1-9 and L-N3 daysMon 1/25/21Wed 1/27/21203Air Barrier Grid 9, L-F2 daysThu 4/8/21Fri 4/9/21204Air Barrier Grid 9-6 and F-A3 daysThu 4/15/21Mon 4/19/21205Air Barrier Grid 6-1 and A-B.54 daysTue 4/20/21Fri 4/23/21206Air Barrier Grid 1, A-N3 daysTue 2/2/21Thu 2/18/21207Air Barrier Second Floor3 daysMon 4/12/21Wed 4/14/21208Storefront and Windows Grid 1-9 and L-N West Elevation10 daysMon 5/17/21Fri 5/28/21209Storefront and Windows Grid A-F North Elevation4 daysWed 4/7/21Mon 4/12/21210Storefront Grid F-L North Elevation4 daysTue 5/11/21Fri 5/14/21211Storefront Grid 9-6 East Elevation5 daysTue 5/4/21Mon 5/10/21212Curtain Wall Grid 6-2 East Elevation7 daysFri 4/23/21Mon 5/3/21213Ticket Windows East Elevation3 daysTue 5/11/21Thu 5/13/21214Storefront Grid 4-1 East Elevation5 daysTue 6/8/21Mon 6/14/21215Storefront South Elevation5 daysTue 6/1/21Mon 6/7/21216Storefront South Elevation 2nd Floor4 daysMon 4/12/21Thu 4/15/21217Storefront Remaining 2nd Floor5 daysFri 4/16/21Thu 4/22/21218219Roofing159 daysMon 1/11/21Fri 8/20/21220Parapet Cap Nailer and PT Ply Low Roof over BHTI3 daysMon 1/25/21Wed 1/27/21221Parapet Cap Nailer and PT Ply 2nd Floor Roof3 daysThu 1/28/21Mon 2/1/21222Parapet Cap Nailer and PT Ply Mechanical Roof9 daysMon 1/18/21Thu 1/28/21JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 5Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21458
IDTask ModeTask NameDuration Start Finish223MEP Penetrations Low Roof3 daysMon 1/11/21Wed 1/13/21224MEP Penetrations 2nd Floor Roof3 daysThu 1/14/21Fri 1/29/21225MEP Penetrations Mechanical Roof4 daysTue 1/12/21Fri 1/15/21226Canopies10 daysMon 5/24/21Mon 6/7/21227Low Roof TPO7 daysThu 2/25/21Fri 3/5/21228BHTI Roofing7 daysThu 2/25/21Fri 3/5/21229Fleece Back TPO Weight Room5 daysMon 3/8/21Fri 3/12/2123060 Mil TPO at High Roof19 daysFri 1/29/21Wed 2/24/21231Set Mechanical Units1 dayMon 5/3/21Mon 5/3/21232Metal Cap and Flashings10 daysMon 8/9/21Fri 8/20/21233234Exterior Panels and Masonry Veneer61 daysThu 4/15/21Fri 7/9/21235CMU Block Veneer Grids 1-4 West Elevation2 daysMon 4/19/21Tue 4/20/21236Siding West Elevation5 daysTue 5/4/21Mon 6/14/21237Brick Veneer North Elevation Grids A.5 to F5 daysMon 7/5/21Fri 7/9/21238CMU Block Veneer Grids K to N.52 daysThu 4/15/21Wed 5/12/21239Siding North Elevation 1st Floor5 daysTue 4/27/21Tue 6/8/21240Brick Veneer Grid 2.5 to 4.5 East Elevation5 daysWed 6/30/21Tue 7/6/21241CMU Block Veneer Grids 1 to 1.5 East Elevation2 daysWed 6/23/21Thu 6/24/21242Siding Grid 6-9 East Elevation5 daysTue 4/20/21Mon 5/10/21243Siding 1-3 East Elevation3 daysMon 7/5/21Thu 7/8/21244Brick Veneer Grid A South Elevation3 daysFri 6/25/21Tue 6/29/21245CMU Block Veneer Grid B.5 to N2 daysWed 4/21/21Fri 7/2/21246Metal Panel at Roof10 daysFri 5/14/21Mon 6/21/21247Metal Panel 2nd Floor South10 daysTue 6/8/21Tue 6/22/21248249Interiors416 daysMon 2/10/20Wed 9/22/21250Interior Wall Framing Grids 1-5 and N-G12 daysMon 12/28/20Wed 1/13/21251Backing and Blocking Grids 1-5 and N-G34 daysTue 3/2/21Fri 4/16/21252Set HM Door Frames Main Level Excludes BHTI6 daysMon 12/28/20Tue 1/5/21253Set HM Frames 2nd Floor6 daysThu 1/28/21Thu 2/4/21254Interior Wall Framing Grids 1-6 and G-A15 daysWed 3/24/21Fri 7/9/21255Backing and Blocking Grids 1-6 and G-A5 daysFri 7/9/21Fri 7/16/21256Interior Wall Framing 2nd Floor8 daysMon 1/18/21Wed 1/27/21257Backing and Blocking 2nd Floor5 daysThu 3/4/21Wed 3/10/21258Electrical Rough In Grids 1-5 and N-G49 daysTue 2/16/21Fri 4/23/21259Plumbing Rough In Grids 1-5 and N-G54 daysTue 2/2/21Fri 4/16/21260Mechanical Rough In Grids 1-5 and N-G15 daysMon 4/19/21Fri 5/7/21261Fire Spinkler Rough in Grids 1-5 and N-G25 daysMon 3/15/21Fri 4/16/21262Fire Sprinkler Rough in Grids 1-6 and G-A25 daysMon 3/15/21Fri 4/16/21263Electrical Rough In Grids 1-6 and G-A52 daysMon 2/8/21Fri 4/23/21264Plumbing Rough In Grids 1-6 and G-A5 daysMon 4/19/21Fri 4/23/21265Mechanical Rough In Grids 1-6 and G-A15 daysMon 4/19/21Fri 5/7/21266Electrical Rough In 2nd Floor26 daysTue 2/9/21Fri 5/7/21267Plumbing Rough In 2nd Floor55 daysMon 2/1/21Fri 4/16/21268Mechanical Rough In 2nd Floor10 daysThu 4/1/21Wed 4/21/21JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 6Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21459
IDTask ModeTask NameDuration Start Finish269Drywall Top Down and Tape at Duct Grids 1-5 and N-G25 daysMon 3/15/21Fri 4/16/21270Drywall Top Down and Tape at Duct Grids 1-6 and G-A15 daysMon 3/29/21Fri 4/16/21271Drywall Top Down and Tape at Duct 2nd Floor16 daysThu 3/18/21Thu 4/8/21272Insulation Grids 1-5 and N-G20 daysMon 4/5/21Fri 4/30/21273Insulation Grids 1-6 and G-A20 daysMon 4/5/21Fri 4/30/21274Insulation 2nd Floor10 daysMon 4/5/21Fri 4/16/21275Hang Drywall Grids 1-5 and N-G19 daysTue 4/13/21Fri 5/7/21276Hang Drywall Grids 1-6 and G-A19 daysTue 4/13/21Fri 5/7/21277Hang Drywall 2nd Floor15 daysMon 4/5/21Fri 4/23/21278Tape and Finish Drywall Grids 1-5 and N-G10 daysMon 5/10/21Fri 5/21/21279Tape and Finish Drywall Grids 1-6 and G-A10 daysMon 5/10/21Fri 5/21/21280Tape and Finish 2nd Floor10 daysMon 4/26/21Fri 5/7/21281Paint First Floor Grids 1-5 and N-G10 daysTue 7/6/21Mon 7/19/21282Paint First Floor Grids 1-6 and G-A10 daysTue 7/6/21Mon 7/19/21283Paint 2nd Floor10 daysMon 5/24/21Mon 6/7/21284Stone and Ceramic Tile Grids 1-5 and N-G20 daysTue 7/27/21Mon 8/23/21285Stone and Ceramic Tile Grids 1-6 and G-A20 daysTue 7/27/21Mon 8/23/21286Stone and Ceramic Tile 2nd Floor10 daysMon 6/14/21Fri 6/25/21287Acoustic Ceiling Grid Grids 1-5 and N-G2 daysMon 8/2/21Tue 8/3/21288Acoustic Ceiling Grid Grids 1-6 and G-A4 daysMon 8/2/21Thu 8/5/21289Acoustic Ceiling Grid 2nd Floor10 daysMon 7/5/21Fri 7/16/21290MEP Rough In Ceilings Grids 1-5 and N-G10 daysThu 7/1/21Mon 8/9/21291MEP Rough In Ceilings Grids 1-6 and G-A10 daysMon 7/5/21Wed 8/11/21292MEP Rough in Ceilings 2nd Floor10 daysMon 7/19/21Mon 8/16/21293Ceiling Tiles Grids 1-5 and N-G3 daysMon 8/9/21Thu 8/12/21294Ceiling Tiles Grids 1-6 and G-A3 daysWed 8/11/21Mon 8/16/21295Electrical Trim 2nd Floor10 daysTue 6/22/21Mon 7/5/21296Ceiling Tiles 2nd Floor5 daysMon 8/2/21Fri 8/6/21297Custom Risers 2nd Floor Off and Def Meeting15 daysMon 8/9/21Fri 8/27/21298Install Custom Stair Panels and Railings15 daysMon 2/10/20Fri 2/28/20299Install Football Lockers20 daysWed 6/23/21Tue 7/20/21300Install Bathroom Partitions 1st Floor7 daysThu 8/26/21Fri 9/3/21301Install Bathroom Partitions 2nd Floor3 daysThu 8/26/21Mon 8/30/21302Install Bathroom and Shower Specialties5 daysThu 8/26/21Wed 9/1/21303Install Elevator10 daysTue 7/20/21Mon 8/2/21304Install Floor coverings Grids 1-5 and N-G15 daysMon 8/9/21Mon 8/30/21305Install Hydroworx Pools10 daysTue 7/6/21Mon 7/19/21306Install Floor coverings Grids 1-6 and G-A20 daysMon 8/16/21Mon 9/13/21307Polish Concrete Floors5 daysMon 7/26/21Fri 7/30/21308Install Food Service Equipment5 daysMon 8/30/21Mon 9/6/21309Install Floor Coverings 2nd Floor10 daysMon 8/9/21Fri 8/20/21310Install Lockers 2nd Floor3 daysTue 7/27/21Thu 7/29/21311Seal Concrete Floors7 daysMon 8/9/21Tue 8/17/21312Install Signage15 daysThu 9/2/21Wed 9/22/21313Install Doors and Hardware Grids 1-5 and N-G10 daysThu 8/12/21Thu 8/26/21314Install Doors and Hardware Grids 1-6 and G-A10 daysMon 8/16/21Mon 8/30/21JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 7Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21460
IDTask ModeTask NameDuration Start Finish315Electrical Trim Grids 1-5 and N-G15 daysTue 8/3/21Mon 8/23/21316Electrical Trim Grids 1-6 and G-A15 daysTue 7/13/21Mon 8/2/21317Plumbing Trim Grids 1-5 and N-G10 daysTue 8/24/21Mon 9/6/21318Plumbing Trim Grids 1-6 and G-A10 daysTue 8/24/21Mon 9/6/21319Plumbing Trim 2nd Floor5 daysMon 6/28/21Fri 7/2/21320Mechanical Trim Grids 1-5 and N-G15 daysThu 8/12/21Thu 9/2/21321Mechanical Trim Grids 1-6 and G-A10 daysMon 8/16/21Mon 8/30/21322Mechanical Trim 2nd Floor5 daysMon 8/9/21Fri 8/13/21323Fire Sprinkler Trim Grids 1-5 and N-G5 daysMon 8/9/21Mon 8/16/21324Fire Spinkler Trim Grids 1-6 and G-A5 daysWed 8/11/21Wed 8/18/21325Fire Sprinkler Trim 2nd Floor5 daysMon 8/2/21Fri 8/6/21326Final Clean 1st Floor7 daysMon 8/30/21Tue 9/7/21327Final Clean 2nd Floor5 daysMon 8/23/21Fri 8/27/21328AHJ Inspections5 daysThu 9/9/21Wed 9/15/21329330Block House and Remaining Site Demo16 daysWed 9/16/20Thu 10/8/20331Disconnect all Utilities2 daysWed 9/16/20Fri 9/18/20332Demo East Block House5 daysThu 9/17/20Thu 9/24/20333Demo West Block House5 daysThu 9/24/20Thu 10/1/20334Remaining Site Demo5 daysThu 10/1/20Thu 10/8/20335336Utility and Site Work Spring 2021106.55 daysMon 4/19/21Wed 9/15/21337Layout Site Concrete3 daysMon 5/3/21Wed 5/5/21338Irrigation Sleeves2 daysThu 5/6/21Fri 5/7/21339Layout Light Poles1 dayMon 4/19/21Mon 4/19/21340Site Electrical Trenching5 daysMon 4/19/21Fri 4/23/21341Form West Plaza Concrete3 daysThu 5/13/21Fri 5/21/21342Place West Plaza Concrete3 daysTue 5/18/21Tue 6/1/21343Form South Plaza Concrete3 daysFri 5/21/21Fri 6/4/21344Place South Plaza Concrete3 daysFri 6/4/21Wed 6/9/21345Form North Plaza Concrete3 daysWed 6/9/21Mon 6/14/21346Place North Plaza Concrete2 daysMon 6/14/21Wed 6/16/21347Form East Plaza Concrete3 daysWed 7/14/21Mon 7/19/21348Place East Plaza Concrete2 daysMon 7/19/21Wed 7/21/21349Set Tree Grates1 dayMon 8/16/21Mon 8/16/21350Curb and Gutter5 daysThu 5/6/21Wed 5/12/21351Sonny Holland Foundation3 daysThu 5/13/21Mon 5/17/21352Install Sonny Holland Statue1 dayWed 6/30/21Wed 6/30/21353Landscaping15 daysMon 8/2/21Fri 8/20/21354Field Goal Netting/ Poles5 daysThu 8/19/21Wed 8/25/21355Install New Fence and Gates10 daysWed 8/18/21Wed 9/1/21356Exterior Painting10 daysWed 9/1/21Wed 9/15/21357Exterior Signage5 daysWed 9/1/21Wed 9/8/21358Asphalt Paving3 daysMon 8/16/21Wed 8/18/21359City of Bozeman Inspections3 daysWed 9/8/21Mon 9/13/21360Substantial Completion and Punchlist23 daysTue 8/24/21Thu 9/23/21JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 8Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21461
IDTask ModeTask NameDuration Start Finish361Substantial completion1 dayWed 9/8/21Wed 9/8/21362Punchlist10 daysThu 9/9/21Wed 9/22/21363Fire and Life Safety Acceptance Testing5 daysTue 8/24/21Mon 8/30/21364Final Completion And Owner Turn Over1 dayThu 9/23/21Thu 9/23/21365366Bozeman Health Tenant Improvement143 daysThu 3/18/21Tue 10/5/21367Interiors143 daysThu 3/18/21Tue 10/5/21368Interior Wall Framing17 daysThu 3/18/21Fri 4/9/21369Backing and Blocking5 daysMon 4/12/21Fri 4/16/21370Set HM Door Frames10 daysThu 4/22/21Wed 5/5/21371Fire Sprinkler Rough in6 daysThu 5/27/21Fri 6/4/21372Electrical Rough In20 daysMon 5/17/21Mon 6/14/21373Plumbing Rough In15 daysMon 5/24/21Mon 6/14/21374Drywall Top Down and Tape at Duct10 daysThu 5/13/21Wed 5/26/21375Mechanical Rough In15 daysThu 5/27/21Thu 6/17/21376Insulation6 daysTue 6/15/21Tue 6/22/21377Hang Drywall15 daysWed 6/23/21Tue 7/13/21378Hang Lead Lined Drywall3 daysWed 7/7/21Fri 7/9/21379Tape and Finish Drywall20 daysTue 7/27/21Mon 8/23/21380Painting12 daysMon 8/9/21Tue 8/24/21381Cabinets and Countertops10 daysWed 8/25/21Tue 9/7/21382Stone and Ceramic Tile10 daysMon 8/23/21Fri 9/3/21383Acoustic Ceiling Grid10 daysMon 8/30/21Fri 9/10/21384Electrical Trim10 daysWed 8/25/21Tue 9/7/21385Ceiling Tiles5 daysTue 8/31/21Mon 9/6/21386Install Acoustic Wall Panels and Fabric10 daysWed 8/25/21Tue 9/7/21387Install 3 form panels5 daysWed 8/25/21Tue 8/31/21388Install wood slat ceiling3 daysWed 8/25/21Fri 8/27/21389Install Track and Curtains5 daysMon 9/6/21Fri 9/10/21390Floor Coverings10 daysWed 8/25/21Tue 9/7/21391Wall and Corner Protection5 daysWed 8/25/21Tue 8/31/21392Install Doors and Hardware10 daysWed 8/25/21Tue 9/7/21393Division 10 Specialties5 daysMon 9/6/21Fri 9/10/21394Mechanical Trim5 daysWed 9/1/21Tue 9/7/21395Fire Sprinkler Trim5 daysMon 9/6/21Fri 9/10/21396Plumbing Trim10 daysMon 9/6/21Fri 9/17/21397Install Bathroom and Shower Specialties5 daysMon 9/6/21Fri 9/10/21398Install Signage5 daysWed 9/1/21Tue 9/7/21399Final Clean5 daysWed 9/8/21Tue 9/14/21400AHJ Inspections5 daysMon 9/13/21Fri 9/17/21401Fire and Life Safety Testing3 daysMon 9/13/21Wed 9/15/21402Substantial Completion1 dayMon 9/20/21Mon 9/20/21403Punchlist10 daysTue 9/21/21Mon 10/4/21404Owner Turn Over1 dayTue 10/5/21Tue 10/5/21JanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovQtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020Qtr 1, 2021Qtr 2, 2021Qtr 3, 2021Qtr 4, 2021TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressMSU BAC - BHTI Schedule8-21-21Page 9Project: Prelim Master 3.9.20 v2Date: Sun 10/10/21462
IDTask NameDuration Finish0Overall Project Schedule 321 daysWed 6/30/211DD Set Issued 0 daysTue 4/7/202DD Pricing Due 10 daysMon 5/4/203CD Set Issued 0 daysTue 6/2/204Subtrade Bidding 14 daysThu 6/25/205GMP Review 5 daysThu 7/2/206Owner Budget Review & Acceptance 26 daysFri 8/7/207Notice To Proceed 1 dayMon 8/10/208Project Procurement (Submittals, Shop Drawings, Lead Items, etc.) 45 daysFri 10/9/209Building Construction 212 daysWed 6/30/2110Mobilization 4 daysThu 9/10/2011Mobilization For Septic Work 2 daysTue 9/8/2012Set Staging Area & Trailer 2 daysThu 9/10/2013Site Work & Infrastructure 205 daysFri 6/18/2119Septic Drain Field Install 15 daysFri 9/25/2031Irrigation System - Decommissioning & Mark Exisiting 1 dayTue 9/15/2017Dose Tank Install 3 daysMon 10/5/2033Secondary Transformer Pad 5 daysWed 10/7/2014Demo Existing Septic Tank 2 daysTue 10/6/2029Septic Main Lines & Pumps 5 daysMon 10/12/2030Septic Tank Power 5 daysMon 10/12/2015Septic & Grease Tank Install 3 daysWed 11/4/2018Buried Propane Tank Install 3 daysWed 11/4/2016Pro Shop Relocation 10 daysWed 11/18/2032Septic System ONLINE 1 dayThu 11/5/2027Parking Lot Excavation & Concrete Apron Prep 5 daysFri 5/7/2120Site Grading 5 daysFri 5/14/2128Parking Lot Apron Concrete 2 daysTue 5/11/2121Irrigation System Install 15 daysFri 6/4/2126Fire Pit Area & Associated Work 15 daysFri 6/4/2123Site Landscaping 20 daysFri 6/18/2122Sod Install 10 daysFri 6/18/2124Site Sidewalks 10 daysFri 6/18/2125Site Lighting 10 daysFri 6/18/2134Building Site Work & Building Only Utilities 185 daysFri 6/11/2136Owner Removal of Items to Salvage 3 daysWed 9/30/2037Guest Room - Decomissioning 2 daysTue 9/29/2041Set Survey Points 1 dayTue 9/29/2038Electrical Salvage & Safe Off Pre-DEMO 1 dayWed 9/30/2039Existing Septic Tank Decomissioning & Pump Out - BY MVR 1 dayWed 9/30/2035SWPPP Installation 2 daysFri 10/2/2040Building Demolition 2 daysFri 10/2/2042Clear & Grub Site 1 dayMon 10/5/2045Subgrade Stabilization - Overexcavation 4 daysThu 10/8/2044Foundation Mass Excavation 5 daysThu 10/15/2046Prep Excavation for Footings 2 daysMon 10/12/2050Propane Service Install 2 daysFri 11/20/2051Water Service Install 2 daysTue 11/24/2057Sump Pump Discharge Line 2 daysTue 11/24/2049Crawlspace Subgrade Prep 5 daysTue 12/1/2052Septic Service Install 2 daysThu 11/26/2053Power Service Install 2 daysMon 11/30/2047Foundation Drain Pipe 5 daysTue 12/8/2048Foundation Backfill & Compaction 5 daysTue 12/15/2043Building Grading 5 daysTue 12/22/2054Basement Grading for Rat Slab2 daysThu 12/17/2056Final Building Grading - Spring 5 daysFri 5/7/2155Building Landscaping 25 daysFri 6/11/2158Sidewalk Grading 5 daysFri 5/14/21Subtrade Bidding GMP Review Owner Budget Review & Acceptance 8/10Notice To Proceed 8/10Project Procurement (Submittals, Shop Drawings, Lead Items, etc.) 9/7Mobilization For Septic Work 9/9Set Staging Area & Trailer 9/7Septic Drain Field Install 9/15Irrigation System - Decommissioning & Mark Exisiting 10/1Dose Tank Install 10/1Secondary Transformer Pad 10/5Demo Existing Septic Tank 10/6Septic Main Lines & Pumps 10/6Septic Tank Power 11/2Septic & Grease Tank Install 11/2Buried Propane Tank Install 11/5Pro Shop Relocation 11/5Septic System ONLINE 5/3Parking Lot Excavation & Concrete Apron Prep 5/10Site Grading 5/10Parking Lot Apron Concrete 5/17Irrigation System Install 5/17Fire Pit Area & Associated Work 5/24Site Landscaping 6/7Sod Install 6/7Site Sidewalks 6/7Site Lighting 9/28Owner Removal of Items to Salvage 9/28Guest Room - Decomissioning 9/29Set Survey Points 9/30Electrical Salvage & Safe Off Pre-DEMO 9/30Existing Septic Tank Decomissioning & Pump Out - BY MVR 10/1SWPPP Installation 10/1Building Demolition 10/5Clear & Grub Site 10/5Subgrade Stabilization - Overexcavation 10/9Foundation Mass Excavation 10/9Prep Excavation for Footings 11/19Propane Service Install 11/23Water Service Install 11/23Sump Pump Discharge Line 11/25Crawlspace Subgrade Prep 11/25Septic Service Install 11/27Power Service Install 12/2Foundation Drain Pipe 12/9Foundation Backfill & Compaction 12/16Building Grading 12/16Basement Grading for Rat Slab5/3Final Building Grading - Spring 5/10Building Landscaping 5/10Sidewalk Grading 253049141924293813182328381318232827121722272712172227161116212631510152025271217222716111621261611162126315101520253051015202530491419242938August 2020September 2020October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021June 2021July 2021August 2021September 2021Madison Valley Ranch - Ennis , MT Project ScheduleSun 10/10/21 Martel Construction, Inc.1203 South Church Ave.Bozeman, MT 59715Page 1 of 5463
IDTask NameDuration Finish59Foundation Work 49 daysFri 12/18/20232MEP165 daysFri 6/4/21238Sump Pump Install (3 total) 2 daysTue 10/20/20239Electrical Utility Inside Building 2 daysMon 11/16/20236Plumbing Under Slab Rough-In 2 daysThu 11/19/20237Radon Piping Installation 2 daysMon 11/23/20240Electrical Under Slab Rough-In 2 daysMon 11/23/20243Plumbing - Crawlspace Rough-In 10 daysMon 1/18/21244Electrical Crawlspace Rough-In 10 daysMon 1/18/21242HVAC - Crawlspace Rough-In 10 daysFri 1/22/21256Propane - Crawlspace5 daysMon 1/25/21246HVAC - Ductwork Insulation - Crawlspace 5 daysFri 1/29/21257Plumbing Exterior Wall Rough-In - First Floor 2 daysMon 2/15/21258Electrical Exterior Wall Rough-In - First Floor 15 daysThu 3/4/21259HVAC Exterior Wall Rough-In - First Floor 5 daysThu 2/18/21266Plumbing Interior Wall Rough-In - First Floor 15 daysMon 3/8/21268HVAC Interior Wall & Ceiling Rough-In - First Floor 10 daysThu 3/4/21267Electrical Interior Wall & Ceiling Rough-In - First Floor 10 daysThu 3/18/21269HVAC Kitchen Rough-In 5 daysThu 3/11/21264Plumbing - First Floor Ceiling Space 5 daysMon 3/15/21274Plumbing Wall Rough In - Kitchen 10 daysMon 3/22/21245HVAC - Ductwork Insulation - First Floor 5 daysThu 3/18/21276HVAC - Interior Equipment Install5 daysThu 3/18/21251Generator Rough-In 2 daysMon 3/22/21260Plumbing Exterior Wall Rough-In - Second Floor 2 daysMon 3/22/21262HVAC Exterior Wall Rough-In - Second Floor 5 daysThu 3/25/21280Electrical Wiring - First Floor 15 daysThu 4/8/21288Electrical - Kitchen Rough-In5 daysThu 3/25/21255Propane - First Floor 5 daysMon 3/29/21270Plumbing Interior Wall Rough-In - Second Floor 10 daysMon 4/5/21261Electrical Exterior Wall Rough-In - Second Floor 5 daysThu 4/1/21272HVAC Interior Wall & Ceiling Rough-In - Second Floor 5 daysThu 4/1/21287Electrical - Kitchen Wiring 5 daysThu 4/1/21275Rough In Complete - 1st Floor 0 daysMon 3/29/21241HVAC - Ductwork Insulation - Second Floor 3 daysTue 4/6/21271Electrical Interior Wall & Ceiling Rough-In - Second Floor 5 daysThu 4/8/21278Electrical Wiring - Crawlspace 10 daysThu 4/15/21265Plumbing - Second Floor Ceiling Space 5 daysMon 4/12/21279Electrical Wiring - Second Floor 10 daysThu 4/22/21247HVAC - Kitchen Hood & Ansul System 10 daysMon 4/26/21254Propane - Second Floor 2 daysWed 4/14/21273Rough In Complete - 2nd Floor 0 daysWed 4/14/21249HVAC - Kitchen Hood - Startup & Inspection 1 dayTue 4/27/21248HVAC - Ansul System - Startup & Inspection 1 dayWed 4/28/21233Electrical - Kitchen Equipment Connections 5 daysMon 5/10/21234HVAC - Kitchen Equipment Connections 5 daysMon 5/10/21235Plumbing - Kitchen Equipment Connections 5 daysMon 5/10/21285Electrical Wall & Ceiling Trim-Out - Second Floor 5 daysMon 5/17/21286HVAC Wall & Ceiling Trim-Out - Second Floor 5 daysMon 5/17/21282Electrical Wall & Ceiling Trim-Out - First Floor 10 daysThu 5/27/21283HVAC Wall & Ceiling Trim-Out - First Floor 10 daysThu 5/27/21263Plumbing Equipment Install 5 daysMon 5/24/21281Plumbing Wall & Ceiling Trim-Out - First Floor 5 daysMon 5/24/21284Plumbing Wall & Ceiling Trim-Out - Second Floor 5 daysMon 5/24/21291Plumbing Waste & Vent Startup1 dayTue 5/25/21290Plumbing Water Startup1 dayWed 5/26/21292HVAC - Building Start-Up1 dayWed 5/26/21289HVAC - Test & Balance 2 daysFri 5/28/21252Generator Install 2 daysWed 6/2/21277HVAC - Exterior Equipment Install 2 daysWed 6/2/2110/19Sump Pump Install (3 total) 11/13Electrical Utility Inside Building 11/18Plumbing Under Slab Rough-In 11/20Radon Piping Installation 11/20Electrical Under Slab Rough-In 1/5Plumbing - Crawlspace Rough-In 1/5Electrical Crawlspace Rough-In 1/11HVAC - Crawlspace Rough-In 1/19Propane - Crawlspace1/25HVAC - Ductwork Insulation - Crawlspace 2/12Plumbing Exterior Wall Rough-In - First Floor 2/12Electrical Exterior Wall Rough-In - First Floor 2/12HVAC Exterior Wall Rough-In - First Floor 2/16Plumbing Interior Wall Rough-In - First Floor 2/19HVAC Interior Wall & Ceiling Rough-In - First Floor 3/5Electrical Interior Wall & Ceiling Rough-In - First Floor 3/5HVAC Kitchen Rough-In 3/9Plumbing - First Floor Ceiling Space 3/9Plumbing Wall Rough In - Kitchen 3/12HVAC - Ductwork Insulation - First Floor 3/12HVAC - Interior Equipment Install3/19Generator Rough-In 3/19Plumbing Exterior Wall Rough-In - Second Floor 3/19HVAC Exterior Wall Rough-In - Second Floor 3/19Electrical Wiring - First Floor 3/19Electrical - Kitchen Rough-In3/23Propane - First Floor 3/23Plumbing Interior Wall Rough-In - Second Floor 3/26Electrical Exterior Wall Rough-In - Second Floor 3/26HVAC Interior Wall & Ceiling Rough-In - Second Floor 3/26Electrical - Kitchen Wiring 3/294/2HVAC - Ductwork Insulation - Second Floor 4/2Electrical Interior Wall & Ceiling Rough-In - Second Floor 4/2Electrical Wiring - Crawlspace 4/6Plumbing - Second Floor Ceiling Space 4/9Electrical Wiring - Second Floor 4/13HVAC - Kitchen Hood & Ansul System 4/13Propane - Second Floor 4/144/27HVAC - Kitchen Hood - Startup & Inspection 4/28HVAC - Ansul System - Startup & Inspection 5/4Electrical - Kitchen Equipment Connections 5/4HVAC - Kitchen Equipment Connections 5/4Plumbing - Kitchen Equipment Connections 5/11Electrical Wall & Ceiling Trim-Out - Second Floor 5/11HVAC Wall & Ceiling Trim-Out - Second Floor 5/14Electrical Wall & Ceiling Trim-Out - First Floor 5/14HVAC Wall & Ceiling Trim-Out - First Floor 5/18Plumbing Equipment Install 5/18Plumbing Wall & Ceiling Trim-Out - First Floor 5/18Plumbing Wall & Ceiling Trim-Out - Second Floor 5/25Plumbing Waste & Vent Startup5/26Plumbing Water Startup5/26HVAC - Building Start-Up5/27HVAC - Test & Balance 6/1Generator Install 6/1HVAC - Exterior Equipment Install 253049141924293813182328381318232827121722272712172227161116212631510152025271217222716111621261611162126315101520253051015202530491419242938August 2020September 2020October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021June 2021July 2021August 2021September 2021Madison Valley Ranch - Ennis , MT Project ScheduleSun 10/10/21 Martel Construction, Inc.1203 South Church Ave.Bozeman, MT 59715Page 2 of 5464
IDTask NameDuration Finish250Propane - Exterior Equipment 2 daysFri 6/4/21253Generator Startup & Testing 1 dayThu 6/3/2187Steel 121 daysMon 4/12/2188Steel Fabrication 15 daysFri 11/13/2089Steel Delivery - Structural 0 daysFri 11/13/2091Steel Erection - Structural Steel 5 daysMon 12/28/2090Steel Rails 5 daysMon 4/12/2192Framing & Carpentry151 daysMon 5/31/21100Timber Framing - Fabrication 25 daysFri 12/4/20102Framing - Crawlspace5 daysMon 12/7/20103Floor Framing - 1st Floor 15 daysMon 12/28/20101Timber Framing Material - Delivery 0 daysMon 12/21/2099Timber Steel Plate Painting - Bring to Cory Hardy5 daysMon 12/28/20105Floor Sheathing - 1st Floor 5 daysMon 1/4/21114Interior Wall Framing - First Floor 15 daysMon 1/25/21104Floor Framing - 2nd Floor 10 daysMon 2/8/21115Exterior Wall Framing - First Floor 5 daysMon 2/1/2195Infill Framing @ Fire Place 5 daysMon 2/8/21113Interior Timber Framing 10 daysMon 2/15/21119Floor Framing - Mech Attic 5 daysMon 2/8/21121Backing & Blocking - First Floor 10 daysMon 2/15/2197Interior Stair Framing 5 daysMon 2/15/21106Floor Sheathing - 2nd Floor 3 daysThu 2/11/21116Interior Wall Framing - Second Floor 5 daysMon 2/15/21118Floor Sheathing - Mech Attic 2 daysWed 2/10/21123Ceiling & Soffit Framing - First Floor 10 daysMon 2/22/21112Exterior Timber Framing 15 daysMon 3/8/21117Interior Wall Sheathing 5 daysMon 2/22/21120Backing & Blocking - Second Floor 5 daysMon 2/22/21111Deck Framing - 2nd Floor 15 daysMon 3/29/2198Roof Framing - Misc Items 5 daysThu 3/25/21107SIP Sub Fascia Install 5 daysThu 3/25/21122Ceiling & Soffit Framing - Second Floor5 daysThu 3/25/2193Hardie Fascia & Shadow Board 15 daysThu 4/15/2196Mech Yard Fences & Gates 10 daysMon 4/12/21108Deck Framing - 1st Floor 20 daysMon 4/26/21109Trex Decking - 2nd Floor 10 daysMon 4/12/21134Wood Deck Posts 5 daysMon 4/5/21110Trex Decking- 1st Floor 5 daysMon 4/19/2194Hardie Window & Door Trim 10 daysTue 4/27/21124FRP Panels @ Kitchen 5 daysMon 5/3/21125Cabinetry & Casework Install - 1st Floor 10 daysMon 5/24/21126Cabinetry & Casework Install - 2nd Floor 5 daysMon 5/17/21137T&G Hemlock Ceilings - 2nd Floor 10 daysMon 5/24/21130Door & Window Trim - 2nd Floor 5 daysThu 5/20/21129Door & Window Trim - 1st Floor 10 daysMon 5/31/21131Acoustic Ceiling @ Dining Area 5 daysMon 5/24/21132Acoustic Ceiling @ Bar & Lounge 5 daysMon 5/24/21136T&G Hemlock Ceilings - 1st Floor 10 daysMon 5/31/21127Countertop Templating 1 dayTue 5/25/21133Wood Base - 1st Floor 5 daysMon 5/31/21135Wood Base - 2nd Floor 5 daysMon 5/31/21128Countertop Install 2 daysThu 5/27/21138Thermal & Moisture Protection 138 daysFri 6/4/21139Foundation Dampproofing @ Frost Walls 2 daysThu 11/26/20142Crawlspace Vapor Barrier - Underslab2 daysThu 11/26/20140Foundation Insulation @ Frost Walls 3 daysTue 12/1/20145SIP Delivery5 daysMon 12/21/20146SIP Wall Install - Level 1 15 daysMon 1/25/21143Crawlspace - Insulation 2 daysFri 1/15/216/3Propane - Exterior Equipment 6/3Generator Startup & Testing 10/26Steel Fabrication 11/1312/22Steel Erection - Structural Steel 4/6Steel Rails 11/2Timber Framing - Fabrication 12/1Framing - Crawlspace12/8Floor Framing - 1st Floor 12/2112/22Timber Steel Plate Painting - Bring to Cory Hardy12/29Floor Sheathing - 1st Floor 1/5Interior Wall Framing - First Floor 1/26Floor Framing - 2nd Floor 1/26Exterior Wall Framing - First Floor 2/2Infill Framing @ Fire Place 2/2Interior Timber Framing 2/2Floor Framing - Mech Attic 2/2Backing & Blocking - First Floor 2/9Interior Stair Framing 2/9Floor Sheathing - 2nd Floor 2/9Interior Wall Framing - Second Floor 2/9Floor Sheathing - Mech Attic 2/9Ceiling & Soffit Framing - First Floor 2/16Exterior Timber Framing 2/16Interior Wall Sheathing 2/16Backing & Blocking - Second Floor 3/9Deck Framing - 2nd Floor 3/19Roof Framing - Misc Items 3/19SIP Sub Fascia Install 3/19Ceiling & Soffit Framing - Second Floor3/26Hardie Fascia & Shadow Board 3/30Mech Yard Fences & Gates 3/30Deck Framing - 1st Floor 3/30Trex Decking - 2nd Floor 3/30Wood Deck Posts 4/13Trex Decking- 1st Floor 4/14Hardie Window & Door Trim 4/27FRP Panels @ Kitchen 5/11Cabinetry & Casework Install - 1st Floor 5/11Cabinetry & Casework Install - 2nd Floor 5/11T&G Hemlock Ceilings - 2nd Floor 5/14Door & Window Trim - 2nd Floor 5/18Door & Window Trim - 1st Floor 5/18Acoustic Ceiling @ Dining Area 5/18Acoustic Ceiling @ Bar & Lounge 5/18T&G Hemlock Ceilings - 1st Floor 5/25Countertop Templating 5/25Wood Base - 1st Floor 5/25Wood Base - 2nd Floor 5/26Countertop Install 11/25Foundation Dampproofing @ Frost Walls 11/25Crawlspace Vapor Barrier - Underslab11/27Foundation Insulation @ Frost Walls 12/15SIP Delivery1/5SIP Wall Install - Level 1 1/14Crawlspace - Insulation 253049141924293813182328381318232827121722272712172227161116212631510152025271217222716111621261611162126315101520253051015202530491419242938August 2020September 2020October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021June 2021July 2021August 2021September 2021Madison Valley Ranch - Ennis , MT Project ScheduleSun 10/10/21 Martel Construction, Inc.1203 South Church Ave.Bozeman, MT 59715Page 3 of 5465
IDTask NameDuration Finish147SIP Wall Install - Level 210 daysThu 2/25/21144Weather Barrier - Building Wrap 10 daysThu 3/11/21148SIP Roof Install 15 daysThu 3/18/21156Roof Crickets 3 daysTue 3/23/21149Roofing Underlayment 5 daysThu 4/1/21160Building Dry-In 0 daysThu 4/1/21150Asphalt Shingle Roofing 20 daysThu 4/29/21155Flashings - First Floor 5 daysThu 4/8/21158Spray Foam @ Floor Joist Ends 2 daysMon 4/5/21157Flashings - Second Floor 5 daysThu 4/15/21153T&G Soffit - Furring 5 daysThu 4/22/21154Cedar T&G Soffit 20 daysThu 5/20/21152Everlog Cement Siding 25 daysFri 5/28/21141Crawlspace Vapor Barrier 3 daysWed 5/5/21151Gutters & Downspouts 3 daysWed 6/2/21159Joint Sealant - Misc. Exterior 5 daysFri 6/4/21172Finishes130 daysMon 5/31/21204Drywall Stock - Crawlspace 1 dayTue 12/1/20205Drywall Hang & Fire Tape - Crawlspace 5 daysFri 1/8/21183Acoustic Ceiling Furring @ Dining Area & Bar 5 daysThu 3/25/21184Sound Batt Insulation - 1st Floor 5 daysMon 4/5/21203Drywall Stock - First & Second Floor 1 dayMon 4/5/21176RC Track - First Floor Ceiling Joists 2 daysWed 4/7/21177Drywall Hang & Tape - Kitchen 5 daysMon 4/12/21178Drywall Hang - First Floor 10 daysMon 4/19/21206Drywall Hang & Fire Tape - Kitchen Cooler Walls & Ceiling 2 daysWed 4/7/21192Sheet Vinyl Floor @ Kitchen 10 daysMon 4/26/21175Sound Batt Insulation - 2nd Floor 3 daysMon 4/19/21179Drywall Hang - Second Floor 5 daysMon 4/26/21180Drywall Tape - First Floor 10 daysMon 5/3/21173Acoustimat Gypcrete Underlayment - 2nd Floor 2 daysWed 4/28/21181Drywall Tape - Second Floor 5 daysMon 5/3/21174Gypcrete - 2nd Floor 1 dayThu 4/29/21182Fire Caulk 5 daysMon 5/10/21185Bathroom Tile - 1st Floor 15 daysMon 5/24/21187Vinyl Tile - 1st Floor 5 daysMon 5/10/21191Bathroom Tile - 2nd Floor 10 daysMon 5/17/21193Interior Painting - 1st Floor 10 daysMon 5/17/21194Interior Painting - 2nd Floor 5 daysMon 5/10/21199ACT Grid - Kitchen 5 daysMon 5/10/21186Carpet Tile - 1st Floor 10 daysMon 5/24/21188Carpet Tile - 2nd Floor 10 daysMon 5/24/21195Vinyl Wall Base - 1st Floor 5 daysMon 5/17/21198ACT Tile - Kitchen 2 daysWed 5/12/21201Stain Exposed Interior Beams 5 daysMon 5/17/21189Hardwood Flooring - 1st Floor 10 daysMon 5/31/21196ACT Grid - 1st Floor 5 daysMon 5/24/21200Wall & Corner Guards - 1st Floor 1 dayTue 5/18/21202Stain Exposed Exterior Beams & Columns 10 daysMon 5/31/21190Buffet Backsplash Tile 1 dayMon 5/24/21197ACT Tile - 1st Floor 3 daysThu 5/27/21161Doors & Windows 123 daysMon 5/31/21163Window Supply - Weather Shield 1 dayThu 12/10/20164Exterior Window & Door - Supply 1 dayFri 2/12/21166Weather Shield Window - Install 15 daysThu 4/1/21167Exterior Door - Install 10 daysThu 4/15/21168Interior Door - Supply 0 daysMon 4/26/21162Door Install - 2nd Floor Interior 5 daysThu 5/13/21169Door Install - 1st Floor Interior 10 daysMon 5/24/21165Replacement Window - Install 1 dayThu 5/13/212/12SIP Wall Install - Level 22/26Weather Barrier - Building Wrap 2/26SIP Roof Install 3/19Roof Crickets 3/26Roofing Underlayment 4/14/2Asphalt Shingle Roofing 4/2Flashings - First Floor 4/2Spray Foam @ Floor Joist Ends 4/9Flashings - Second Floor 4/16T&G Soffit - Furring 4/23Cedar T&G Soffit 4/26Everlog Cement Siding 5/3Crawlspace Vapor Barrier 5/31Gutters & Downspouts 5/31Joint Sealant - Misc. Exterior 12/1Drywall Stock - Crawlspace 1/4Drywall Hang & Fire Tape - Crawlspace 3/19Acoustic Ceiling Furring @ Dining Area & Bar 3/30Sound Batt Insulation - 1st Floor 4/5Drywall Stock - First & Second Floor 4/6RC Track - First Floor Ceiling Joists 4/6Drywall Hang & Tape - Kitchen 4/6Drywall Hang - First Floor 4/6Drywall Hang & Fire Tape - Kitchen Cooler Walls & Ceiling 4/13Sheet Vinyl Floor @ Kitchen 4/15Sound Batt Insulation - 2nd Floor 4/20Drywall Hang - Second Floor 4/20Drywall Tape - First Floor 4/27Acoustimat Gypcrete Underlayment - 2nd Floor 4/27Drywall Tape - Second Floor 4/29Gypcrete - 2nd Floor 5/4Fire Caulk 5/4Bathroom Tile - 1st Floor 5/4Vinyl Tile - 1st Floor 5/4Bathroom Tile - 2nd Floor 5/4Interior Painting - 1st Floor 5/4Interior Painting - 2nd Floor 5/4ACT Grid - Kitchen 5/11Carpet Tile - 1st Floor 5/11Carpet Tile - 2nd Floor 5/11Vinyl Wall Base - 1st Floor 5/11ACT Tile - Kitchen 5/11Stain Exposed Interior Beams 5/18Hardwood Flooring - 1st Floor 5/18ACT Grid - 1st Floor 5/18Wall & Corner Guards - 1st Floor 5/18Stain Exposed Exterior Beams & Columns 5/24Buffet Backsplash Tile 5/25ACT Tile - 1st Floor 12/10Window Supply - Weather Shield 2/12Exterior Window & Door - Supply 3/12Weather Shield Window - Install 4/2Exterior Door - Install 4/265/7Door Install - 2nd Floor Interior 5/11Door Install - 1st Floor Interior 5/13Replacement Window - Install 253049141924293813182328381318232827121722272712172227161116212631510152025271217222716111621261611162126315101520253051015202530491419242938August 2020September 2020October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021June 2021July 2021August 2021September 2021Madison Valley Ranch - Ennis , MT Project ScheduleSun 10/10/21 Martel Construction, Inc.1203 South Church Ave.Bozeman, MT 59715Page 4 of 5466
IDTask NameDuration Finish171Door Hardware - Second Floor 5 daysThu 5/20/21170Door Hardware - First Floor 5 daysMon 5/31/21220Food Service Equipment 100 daysMon 5/24/21225Floor Drain Materials 1 dayTue 1/5/21226Floor Drain Install 2 daysThu 1/7/21230Rough-In Review 1 dayTue 3/23/21229Field Measure 1 dayWed 3/24/21228Cooler Install 3 daysMon 4/12/21224Cooler Soffit & Corner Guards 2 daysWed 4/14/21227Stainless Panel Install3 daysThu 4/29/21231Food Service Equipment 10 daysMon 5/17/21223Kitchen Equipment Startup 2 daysWed 5/19/21222Kitchen Punchlist2 daysFri 5/21/21221Owner Training 1 dayMon 5/24/21207Specialties 82 daysWed 6/2/21210Fire Place Installation 2 daysWed 2/10/21208Attic Access Stair - Supply 0 daysThu 2/11/21209Attic Access Stair - Install 2 daysMon 2/15/21217Division 10 - Supply 0 daysMon 4/19/21212Interior Signage - 2nd Floor 1 dayTue 5/11/21219Toilet Accessories - 2nd Floor 3 daysThu 5/13/21211Toilet Accessories - 1st Floor 3 daysThu 5/20/21213Fire Extinguishers & Cabinets - 1st Floor 1 dayTue 5/18/21218Interior Signage - 1st Floor 1 dayTue 5/18/21216Locker Install 1 dayWed 5/19/21214Exterior Signage 3 daysWed 6/2/21215Slat Wall Install 2 daysTue 6/1/21293Special Systems 37 daysMon 5/24/21296Fire Alarm - First Floor Rough-In 5 daysThu 4/8/21300AV Wall Rough-In - 1st Floor 5 daysThu 4/8/21302AV Wire & Ceiling Rough-In - 1st Floor 10 daysThu 4/15/21303AV Wire & Ceiling Rough-In - 2nd Floor 10 daysThu 4/15/21294Data Cabling & Closet 10 daysThu 4/22/21297Fire Alarm - Second Floor Rough-In 5 daysThu 4/15/21301AV Wall Rough-In - 2nd Floor 5 daysThu 4/15/21304AV Equipment & Trim - 1st Floor 10 daysThu 4/29/21306AV Equipment & Trim - 2nd Floor 10 daysThu 4/29/21295Network Engineering 5 daysThu 4/29/21307WIFI ACTIVE 1 dayFri 4/30/21299Fire Alarm - Second Floor Trim Out 5 daysMon 5/17/21298Fire Alarm - First Floor Trim Out 5 daysMon 5/24/21305Fire Alarm Test & System Activation 1 dayTue 5/18/2184Masonry12 daysWed 5/5/2185Plywood Backer Board @ Fireplace 2 daysWed 4/21/2186Stone Veneer @ Fireplace 10 daysWed 5/5/21316Furnishings 9 daysThu 6/17/21317Window Treatments - First Floor5 daysFri 6/11/21318Window Treatments - Second Floor4 daysThu 6/17/21308Building Completion 12 daysWed 6/30/21313Final Clean 6 daysMon 6/21/21314Building Commissioning 5 daysFri 6/18/21315Substantial Completion 0 daysFri 6/18/21309Certificate of Occupancy 1 dayMon 6/21/21310Final Inspections By AHJ 5 daysFri 6/25/21311FFE Delivery & Install 5 daysMon 6/28/21312OPEN FOR BUSINESS0 daysWed 6/30/215/14Door Hardware - Second Floor 5/25Door Hardware - First Floor 1/5Floor Drain Materials 1/6Floor Drain Install 3/23Rough-In Review 3/24Field Measure 4/8Cooler Install 4/13Cooler Soffit & Corner Guards 4/27Stainless Panel Install5/4Food Service Equipment 5/18Kitchen Equipment Startup 5/20Kitchen Punchlist5/24Owner Training 2/9Fire Place Installation 2/112/12Attic Access Stair - Install 4/195/11Interior Signage - 2nd Floor 5/11Toilet Accessories - 2nd Floor 5/18Toilet Accessories - 1st Floor 5/18Fire Extinguishers & Cabinets - 1st Floor 5/18Interior Signage - 1st Floor 5/19Locker Install 5/31Exterior Signage 5/31Slat Wall Install 4/2Fire Alarm - First Floor Rough-In 4/2AV Wall Rough-In - 1st Floor 4/2AV Wire & Ceiling Rough-In - 1st Floor 4/2AV Wire & Ceiling Rough-In - 2nd Floor 4/9Data Cabling & Closet 4/9Fire Alarm - Second Floor Rough-In 4/9AV Wall Rough-In - 2nd Floor 4/16AV Equipment & Trim - 1st Floor 4/16AV Equipment & Trim - 2nd Floor 4/23Network Engineering 4/30WIFI ACTIVE 5/11Fire Alarm - Second Floor Trim Out 5/18Fire Alarm - First Floor Trim Out 5/18Fire Alarm Test & System Activation 4/20Plywood Backer Board @ Fireplace 4/22Stone Veneer @ Fireplace 6/7Window Treatments - First Floor6/14Window Treatments - Second Floor6/14Final Clean 6/14Building Commissioning 6/186/21Certificate of Occupancy 6/21Final Inspections By AHJ 6/22FFE Delivery & Install 6/30253049141924293813182328381318232827121722272712172227161116212631510152025271217222716111621261611162126315101520253051015202530491419242938August 2020September 2020October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021June 2021July 2021August 2021September 2021Madison Valley Ranch - Ennis , MT Project ScheduleSun 10/10/21 Martel Construction, Inc.1203 South Church Ave.Bozeman, MT 59715Page 5 of 5467
Memorandum
REPORT TO:City Commission
FROM:Mike Gray, Facilities Superintendent
Max Ziegler, Project Coordinator
Jon Henderson, Strategic Services Director
SUBJECT:Authorize City Manager to Sign a Professional Service Agreement with
Morrison Maierle for Structural Assessments at Lindley Center and the Swim
Center
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Professional Service Agreement with
Morrison Maierle for Structural Assessments at Lindley Center and the Swim
Center
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Prior to starting any of the voter approved renovation projects at the Lindley
Center and the Swim Center the Strategic Services Team would like to get an
updated structural assessment on the Lindley Center and a new assessment
on the Swim Center. These assessments will be used to help prioritize the
needed work at both facilities.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Funds are currently allocated in the approved Strategic Services Department
budget. Budget amount for structural assessment is a not to exceed amount
of $19,950.00.
Attachments:
Professional Service Agreement
Professional Services Agreement - Morrison Mairle - Lindley
& Swim Center Structural Assessments.pdf
Report compiled on: January 27, 2022
468
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Professional Services Agreement for Structural Assessments
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of February, 2022 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and,Morrison Maierle, 2880 Technology Blvd. W.,Drive, Bozeman,
MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of June, 2022, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
469
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Professional Services Agreement for Structural Assessments
Page 2 of 11
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, 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 Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City 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.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees 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. The specific steps Contractor shall
take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all
costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit
the services to continue at no additional cost to City.
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Contractor shall 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.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to 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 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; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall 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 City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City 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 Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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In the event of an action filed against the 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.
Contractor also waives any and all claims and recourse against the City, 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 performance of this Agreement except “responsibility for [City’s]
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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense 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 Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in 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. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements 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; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
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this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Project Coordinator 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
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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, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writingand may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Jay Fisher or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall 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 from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall 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.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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 Contractor shall
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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges 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 prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
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hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall 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 to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.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.
b.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.
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22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: 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.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions:this Agreement may, upon mutual agreement, be extended for a period
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of months by written agreement of the Parties. In no case, however, may this Agreement run longer
than December 31st, 2022.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Morrison Maierle_
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Jeff Mihelich, City Manager
Print Name: Jay Fisher
Print Title: Project Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of February, 2022 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Morrison Maierle, 2880 Technology Blvd. W., Drive, Bozeman,
MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of June, 2022, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, 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 Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City 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.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees 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. The specific steps Contractor shall
take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all
costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit
the services to continue at no additional cost to City.
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Contractor shall 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to 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 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; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
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 City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City 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 Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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In the event of an action filed against the 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.
Contractor also waives any and all claims and recourse against the City, 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 performance of this Agreement except “responsibility for [City’s]
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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense 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 Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in 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. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements 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; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
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this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Project Coordinator 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
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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, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Jay Fisher or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall 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 from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall 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.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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 Contractor shall
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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges 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 prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
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hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall 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 to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. 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.
b. 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.
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22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: 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.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
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of months by written agreement of the Parties. In no case, however, may this Agreement run longer
than December 31st, 2022.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Morrison Maierle_
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: Jay Fisher
Print Title: Project Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
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Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Landscape
Maintenance Services in the Parks and Trails District
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign First Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Landscape
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations.
In February 2021, the Parks and Recreation Department conducted a
request for proposals process to acquire professional services required to
maintain parks grounds and landscape areas in the District. After careful
evaluation and review, Advantage Spraying Services, Inc. was determined to
be the most qualified vendor for Parks and Trails District Landscape
Maintenance Services Zone 1 Parks.
On April 6, 2021, the City entered into the Agreement with Advantage
Spraying Services, Inc. The Agreement is effective for one year after the date
of execution with the option to extend the agreement an additional year
upon mutual agreement. Advantage Spraying Services, Inc. has
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demonstrated the ability to provide comprehensive landscape maintenance
services for the City’s Parks and Trials District and will continue complete the
services as defined and described in Attachment B: PSA Advantage Spraying
Services Inc.
The Attachment A PSA Amendment 1 Advantage Spraying Services, Inc. will
extended the Agreement for an additional one year period and shall
terminate on April 6, 2023. In no case, however, may this agreement run
longer than three (3) years from its effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:
Funding is currently allocated for this maintenance within the FY21 and FY22
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 1 Advantage Spraying
Services Inc.pdf
Attachment B PSA Advantage Spraying Services Inc..pdf
Report compiled on: January 28, 2022
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trails District Landscape Maintenance Services Zone 1 dated April 6, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2022, by and between
the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718 hereinafter
referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 31 Professional Services Agreement between the City and
Contractor dated April 6, 2021 (the Agreement) is extended for an additional one (1) year
period. The Agreement shall terminate on April 6, 2023.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERVICES INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of April, 2021, by and between
the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and, Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718,hereinafter
referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor specified in the Appendix C Maintenance
Schedule Zone 1 (LANDSCAPE) attached hereto as Exhibit B. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above the
amount listed in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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Scope of Services, 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 Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City 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.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees 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. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Contractor shall 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to 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 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; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
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 City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City 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 Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, 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 performance of this Agreement except “responsibility for [City’s]
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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense 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 Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in 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. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements 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; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
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in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator 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, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Patrick Doran or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall 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 from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall 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.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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
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Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges 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 prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall 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 to Contractor pursuant to this Agreement was used in
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Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
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compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. 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.
b. 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.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
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balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: 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.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
Patrick Doran
Advantage Spraying Services, Inc
Vice-President
509
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
LANDSCAPE MAINTENANCE SERVICES ZONE: 1
City of Bozeman
Bozeman, MT
Exhibit A
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510
Page 5 of 25
scheduled services to ensure that City landscapes are effectively and efficiently maintained for
the benefit of the city and its residents. The selected contractor will begin work in April of 2021
and continue services through the completion of the summer season at the end of October
2021. The routine services will be conducted for approximately a 30 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific landscape maintenance
and grounds keeping services identified and described in Appendix D: Park location
Maps Zone 1.
2.Contractor proposals shall include cost associated with delivery of tasks described in
Appendix C: Maintenance Schedule Zone 1 and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 1.
Services requested for Maintenance Schedule Zone 1 include:
a.Mowing
b.Weedeating / Trimming
c.Fertilizer Application
d.Spraying Application / Weed Control
e.Dog Station Maintenance
f.Garbage / Trash Removal
Exhibit A
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511
Page 6 of 25
4.Contractor shall provide a fixed hourly rate for services described in Appendix C:
Maintenance Schedule.
Additional Services requested include:
g.Mowing
h.Weedeating / Trimming
i.Dog station maintenance
j.Landscaping
k.Clearing, brushing, pruning of vegetation
l.Maintenance of native grass/naturalized areas
m.Trail maintenance
n.Removal of seasonal debris, leaves, litter
o.Overseeding turf areas
p.Garbage trash/removal
q.Aerating & Thatching
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Irrigation services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
DocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
512
PARK NAME SITE DISCRIPTION LOCATION:
MAP/LOCATION
(GREEN AREA
ONLY)
FERGUSON
MEADOWS PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Sanders Ave & Cascade
St. 1-A 1x/week
(price per mow) $ 1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
VALLEY COMMONS
PARK
TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR
Fallon St. & Ginella Way
(vacant land) 1-B 1x/week
(price per mow)$1x/week
(price per trimming) $ OnTurf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
LOYAL GARDENS SUB PARK
TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
S. Cottonwood Rd. to
Golden Gate Ave. & South of Loyal Dr. 1-C 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
NORTON EAST
RANCH SUB PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/week
(price per mow)$x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEADOWS (Master), PH. 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper
Puckett Rd.1-F 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
FLANDERS CREEK SUBDIVISION PARK 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEDOWS,
PH. 1 Park 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/ biweekly/as needed $ 1x/biweekly/as needed $
TRADITIONS SUB
PHASE 1 PARK 1-4 &
8
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Sherwood Way to
Glenwood Dr. & Flanders
Creek Ave to Abigail Ln.1-I 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
DIAMOND ESTATES PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave.
Road buffer at Oak &
detention pond Area. 1-J 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
DIAMOND PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Ferguson Ave. to Flanders
Mill Rd. & Oak St. to
Tanzanite Dr. 1-L 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
FOUR POINTS MINOR SUB 475 PARK
TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR
Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as neeeded (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
WESTBROOK SUB PUBLIC PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
THE LAKES AT VALLEY WEST PARK
TURF: UNK IRRIGATION: YES/MEDIUM/FAIR
Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park.
1-O 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
SUNDANCE PUBLIC
PARK
TURF: UNK
IRRIGATION: UNK
Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln.
1-P 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BOULDER CREEK PARK 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR
Glenellen Dr. to Annie St.
& Laurel Pkwy. To Abigail Ln.1-Q 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
ANNIE ST & COTTAGE PARK LN
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Small L shaped property corner of Annie St. &
Cottage Park Ln.
1-R 1x/week (price per mow)$1x/week (price per trimming)$On Turf Area 1x/year/as needed (price per application)$Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $ 1x/month/as needed $
COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Small property Cottage
Park Ln. and Hanson St. 1-S 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $1x/month/as needed $
Aerating & Thatching $
Per Hour Rates
Maintenance of native grass/naturalized areas
Trail maintenance
Weedeating / Trimming
Landscaping
Clearing, brushing, pruning of vegetation
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
MOWING FREQUENCY:
(TURF AREAS)TRIMMING FREQUENCY:FERTILIZER APPLICATION FREQUENCY:SPRAYING PER APPLICATION WEEDS REMOVAL FREQUENCY:DOG STATION MAINTENANCE GARBAGE TRASH REMOVAL
Additional Services Zone 1: Fixed Per Hour Rates
ADDITIONAL COMMENTS
Parks
Service/Discription
Removal of seasonal debris, leaves, litter
Overseeding turf areas
Garbage removal
$
$
$
$
$
$
$
$
$
$
Mowing
Dog station maintenance
Exhibit ADocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
513
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 1
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
DocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
514
Title Page:
R.F.P.: Parks & Trail District Landscape Maintenance Services. -Zone 1
ADVAI\ITAliE LandCare
Firm Name: Advantage Spraying Services, Inc -Dba: Advantage Landcare
Address: 114 Wildcat Way Bozeman, MT 59718
Contact: Patrick Doran & Steve Lee
Phone: (406) 924-1882
Email: advantagelandcare@gmail.com
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
515
PARK NAME SIT!. DtsCRIPTION
FERGUSON TURF: YESIFAlR lRRIGATION: MEADOWS PARK YES/SMALL/FAIR VAU.EY COMMONS TURF: YES/UNK IRRIGATION: PARK YES/MEOIUM/FAIR LOYAL GARDENS TURF: YES/FAIR IRRIGATION: SUB PARK YES/MEDIUM/FAIR TURF:YES/FAIR VALLEY WEST PARK IRRIGATION: YES/MEDIUM/FAIR NORTON EAST TURF: YES/FAIR IRRIGATION: RANCH SUB PARK YES/SMALL/FAIR
BAXTER MEAOOWS TURF: YES/FAIR IRRIGATION: (MO!llat),PH,1-3 YES/MEDIUM/FAIR FLANDERS CREEK TURF: YES/FAIR SUBDIVISION PARK IRRIGATION: 1'3 YESIMEOIUM/FAIR
BAXTER MEDOWS, TURF:YES/FAIR IRRIGATION: PH.1 Pork1·2 YESIMEOIUM/FAIR
TRACHTIONS SUB TURF: YES/FAIR PHASE 1 PARK 1-4 & rflRtGATION: YES/MEDIUM/FAIR
DIAMOND ESTATES TURF:YES/FAIR IRRIGATION: PUBLIC PARK YES/SMAl.VFAIR
TURF: YES/FAIR OAK SPRINGS PARK IRRIOATION: YES
TURF: YES/FAIR DIAMOND PARK IRRIGATION: YES/SMALUFAIR FOUR POINTS TURF: YESIGOOO MINORSU8475 lRRIGATION: PARK YES/MEDIUM/FAIR
WESTBROOK sue TURF: YES/FAIR 1RRIGAT10N: PUBLIC PARK 1·2 YESIMEDIUIFAIR TURF: UNK THE LAKES AT IRRIGATION: VALLEY WEST PARK YES/MEOIUM/FAIR
SUNDANCE PUBLIC TURF: UNK PARK IRRIGATION: UNK
BOULDER CREEK TURF: YES/FAIR PARK1·2 IRRIGATION: YES/MEDIU/FAtR
ANNIE ST& TURF: YES/FAIR COTTAGE PARKLN IRRIGATION: YESfSMAI.UFAIR TURF: YESJFAIR COTTAGE PARK LN IRRIGATION: YES/MEDIUM/FAIR
IW'II.OCATION LOCATION: {QRE!NAAI!.A
Sanden Avo & Co:odo SL
FrallonSt.&GlnollaWfll (vDCDnt lal'ld) S.Cottnnwaoc1Rd.to GolclonGotoAvo.&South oll..ayalDr.
OuralonRQ.l(la.bcoek$t.& l<lmbollA1'9,ION.COIIOl'IW00d Rd. Bobe:ocicSLtoFcllon & S. Eldorado to Wlllcrtlly o,. KlmbarwlekoSt.toBGXI• &VaqWll'D Pkwy. !ti HIWP« PuckottRd. Anni. SL to Duman Rd. &FlondersCl'MkAva.to Twin Lako1 Av•. Equcatl'1an Ln. to B4IClor Ln.&VoquoroPk\i,y.to Flll'glJ,onAve.
Shllrv.oodWrk'(to Glof'MOOdDr,&Flandorl CNlokAvo loAblglllt Ln. 04kSL&AgotoAvo. Rood buffer Ill Oak & datonllon ponc!Aroa. N. Fcrgucon Avo, IC Yollow!ltcnoAvo,& Ro nova t.n. to Annlo SL Ferguwn Ave. lo Flandlr1 MIII Rd.&OokSLto Tanzonllo Dr. Cattnll SL to Klmborwlcko SL & Mlllchouse Ave. to Ferguson Ave
Annlo St. to Ouratan Rd. &RoaoWaytolaxle)'Dr. W«Jlmorlond Or. toVohl W:,;y [0 N. Louml Pkwy. Ad}t'onlloBronkonSports P""'-Cab4Do Ave. to Davia Ul. &Galt:iwuySLtoBaxt• Ln. GlonoDon Dr. to Annla SL & Laurel Pkwy, ToAblgQG Lo. Smlllllsluipedproport)' comer d Anni• SL & CcullgoPnLn.
Smnll proportyeottag& Pm Ln. ond Honson St.
s.r.,ic.rotscrlptlon
Mowing
°"L"'
1-A
1-B
1-C
1-0
1-E
1-F
1-G
1-H
1-1
1.J
1-K
1-L
1-M
1-N
1-0
1-P
1-Q
1-R
1-S
Wecdc�lna/Trlmmlna ooe: sutlon m.ilntan.inca L.ondm1plnI ClcIrlng.brushlna,prunlns0fvqet:1tl0n Mii!lntcn:inco of native sr.iss/n3tur.illzed areas
Tr.iUm.ilntcn.incc Rt'mov.11 of �.ison.11 dcbrl1, lc,ivc:, litter Ovcrscedll'\llturlarcas
G.1rb.isorcmov.:al
Acr.illng & Thatching
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
IIOWlNG FREQUl!NCY: (TURF AREAS} TRIMUlNO FREQUENCY: FERTlUZER N'PUCAT10H FREQUEHCY: ..... , ...... $ 1'S. =,_ �..k.a OnTutfAl'IIIII c'>) • 1,r/yomiosneedOd(pncct '\�0, (prleapormow) (pncoporlrfnvnlng) \I\ �<>S."-"\ po<-) , ..... , = ,,,_,,-S:"-<-\4ci' OnTur1Areo :,-V •So, b/yoar/as noodDd (?1oo $ \'A.,S. (pricopormow) (prlcoportrimming) -� t""',.l>V-.._f\.., por apptlc:allon) 1 ..... , C."> ,_ -·�--c)..�..., 0nTur1Af'90 (JI;, $ 3U'::>' 1w/yeljr/Unood0d(pr\ce ·��75, (�co por mow) (prtco par b1mmlng) 't'\_ tvlr...t'II"''� POrarr.lk:tl.Uon) 1.,,.Gk 'l\1;6, O'O 1,,._k ?:"'"-'�-On Turf AnMI 2x/yot1rlot •�°\\1,Sb ooodod (prtcepermow) (prieeporlrlmmlng) ' .... t."()l..)'.11\c.. (prtccporappllai!lon) ,,,_,, � -. �\�-OnTurfAr'Oa2x/y$11r{DI
$ \�a-."S. "' •-c:,_75. ,_,., (pricepermow) (prlcepertrlmmlng) \t\. -..l.U-.._f\_....,_ (prlcopcroppllc3Uon) ,,,_, 0-.:. 1-.�...),L'a.-' On Turf� 2J,,/yNr/u ·�\.\C/0,Cb ·��().,_,., (pncopormow) (pnceportr1mtru1g) �-�,I\. .... (pricoporapplic:Dllcn) 1 ..... k O't> 1-,".!f-.c.-\�l(' °" L.owoAnoa ex, ·u..1s.'blyearloanaedect '\\i'S, {p(lcopormo.o., IP""''°'�"""""J \� rA.h,j',\..""'-1-po<..,,i,a,""'J ,_ s 'J..-C..O, = 1-k �<>-.�\..✓ Ool.wm-00 1xlyo0rlu nooded s (/X)· (prtco parmo-N) (pricopcrtrlnvnlng) I'\...._ .1'n�'"-"'-(r;dotperappllc:Allon)
1KM'Ook ·?:>\S."" 1-�e&.._-' On L.awnArc• °" (priceperrna.v) (prieeportrlmrnlng) $ 1Xlyoar/unee6od ·��-·--�w· ... .._(prieo P«' np�c::aUcn)
1x,\,vat1IC s :)l), vi) ,_,°A.<01 v-k� Onl.O'MlAreo r;<:> 1�r/ 111 noodOd $ \d-..5. (pricepermow) (pries per t rimming) <'\::i.AN--. (prlcoporappllcatlon) ,....,, �,_,.�,_,.)__a_.., OoL.owoArao � (prlcapermow) •\oso,{prtceptrb1mmlng) 1x/yoerlunood0d $ 'J_(e '-3:) -,� t"'w..>\""" (pr100poroppl!catlon) ,,,_,, , ..... , ,1:N,\ ...}...>.\:°' OnlaM'IArell bl> (pl'tcopcrmow) $ \()l;b. a<> (pricoportrlnvnlnQ) 1,/year/unNdod • �OC--....... _ ..... i:,,\_rv,,,,.. {-po,-""') , ..... , 'Si\t), at,
1 ..... k ,1:"-�� °""""-1x/yellrlclnoeodtld S \ �'St) .CD (prlcoporma,i,) (ptlcepcrtnnvnlng) -,� �" .... �"" (prlceperappllCllllon)
1 ..... , '""""' s�<'l-'s.v.)..c.� Qol.o,mA,u Cl) • a l.\-S. =1� u needed s '\�°';> . (pricepermow) {prlcepertrlr'M'fflg) --'" ........ (pricaper�) .-,,I'-<,,�OnTurfAIGCI 1 ..... k '\�D-()b 1"'-'< 1xfyo4r/mn� ''36�. u:, (pricopcrrmow) (pric:1:1 por ll'lmmlng) r",..)v"-.�°' � per appllaatlon) \" , ..... , 0V , ..... , ��e\ On TurfAroa (pr1copormow) $ d-.75. (pt'!copcrll'lrrmlng) 17/yeat/arw,oclod •7(::e)' �-.. • -1· ...... (pneeperappUca!Jon)
1-., <>'ti 1-.�� OnTurfAro1111ll/yO,Ol'/u 0:, (pricopormow) •�()D, (price par trimming) ,..,., $1C,D, -.- -.,, Ji�f\..60\ {-po,oppllcotloo) , ..... , 1s. Ct> ,,_, �!\.6-.-,.k� ) OnTurfAmot,-Jycor/n c,, (pr1c:opormow) $ (pr'looperll1ffflling) ,_,., $ \�. 1, ""'-1)..i", ... ""' (pric,D p,or oi,pllaatlon)
1-'SD. cro ,_ -z 6-�.,., On Turf Amil txtyeor/u t:fc:, s-"-"'°'" s \r::f). (pr1cttpormow) (ptk:eperll'tmmlng) \" c----,->�-"" (prioa poro;,plcaUon) Addltk>nal Sl�cn Zone 1: Flud Per HoMr Rates
P•rHourRalN
$ � , <-c "� "-.<>..S-$ '1",, C> f\\.-w....s
s -..n /��� 1---�s ,d.-i:,.... $ --?f:.,, o,;,
$ \..I\ I>., �""'--..,..· ",'\.. $ t_:·7c;.,) !),...,.� . .., ..I $ °'T'\ 'I \_ --v,s· $ i-)lt-... s µ\� s �\ii'sc
lfflAYING l'EJlt N'l'I.ICATlOM WU:011 IWIIOVM. FltfQUENCY: 000 aTATlON llAINnNAMCi! GARMCITRA&HltDIO'IM..
BttllldloafModoontrol °"" 1,r/yaarlasneeded '\�-1�unNde(j $ 1x/WNkle needed • Cprpperappllc:aUon) Brood loaf WIIOd control <lC 1x/yll11r/os needed $ \tp. 1'1/witf,)c/anoodDd $ 1WWffklunoodctd • (prlcopor�an) Broadleof�c:ontt'ol $ �':le()."" 1JJyaar/a nooded 1irlwMk/aa neoded $ 1r/wo(l/,(JunMdad $ {prlceporoppllcation) Brood lsafweod c.ontrol ·-��.(le, 1xlycar/aa nc odod 1lUWCOk/aa noedod $ 1Jl/woek/.m,nooood $ {�caporoppllcallon) Broodloofwaedcontrol u-\> 1x/yollr/os neodod $ f�tD, 1'JJwook/aa needed $ 1�necdod $ (prlcapcroppllc:.ll.lon) Bl'Old loaf wood control •:17�. at, 1ltlycwlanoodod 1'1/wook/unoodod $ 1xtwook/0snoodl-d s {pnoopo,"""'""'°"1 Broad loaf WNd control
$ C\L\0, 001x/yeM/uneodod 1J/Wfl/lltlJu neoded $ 1xlwNklao nNC»d s
-po<-) Brocldloafweoda,ntral ·t_\�. db 1xly0orlasnoodad 1x/blv.ook)yfnanoodod S 1�/oanoedod S {prloepo,-) Broodloofwr:iedcontrcl <:P 1x/)'ocrlas noodod $ \CJ_(). 1xlwooklu noodod $ 1'1./wodtJu nooded $ (prlcoperap�\/on) Brood lotll' weed control � 1,c,lyearlesnoeded $ \f-i(). 1xh,,oak/unocdcd $ 1Ylwod,,Ju noodod $ (pricoperapp!lctnlon) Broodloofwoodcontrol ·�,\�-Di) 1x/y11arfasnoodod hJWOClklU noodod $ 1x/\l.ook/111 noodod s (prlcoporoppllcation) Broatl leaf weod amtrol $ ® �"' 1x/yofJJ/DlnN<IOd -:,..,,o . 1�otnoedod $ 1JC/Wooklaneodld $ (prlcoporoppllcellon) Sroodlcld'woodcontrcl (.°i) 1x/yolll"/U needed s \ ,oio. ,�runeedocl $ 1xlweoklnsneodod $ {prtcaporappllcatlon) Broad loaf wood control C<> 1x/yaarfunoedcd s, L.\1'\, 1xlwock/asnCIOdtJd $ 1>rJl.t.ook.laa nooded $ (pricoperoppllcatlon) BrcNtdlcat\..oodcontrol 1xf)'Mrlan-.d $
-;)__ l\ '1-.() Cl) 1J!lweekluneeded $ 1x/Mek/csnoeded $ (prlcaporopplk:atlon)
Brood lea! 'MJOd control 1Klyoar/a noodOd 'S�D. 1:r/Mok/oa nooclod $ 1wwoak/a, noodod s (prlcaperappllcatlon) Br011d laof wood COf'ltrol $ ( .. {'{\ ' (Jt, 1kfyoar/a neoded 1x/WNkJDI neoded s 1x/weokluneeded $ (prlc&pcrappllcotlon) Spniylngasnocoodbrood ot) lent wood contrcl (prico por S �a, 1 x/month/DI ncodod $ 1x1monw11,noodod $ oppllcGtlon) Sprnylng oo needed broad 91). G'D i.of'Mledcontrol(priceper S 1xlmonthlosMeded $ 1xlmonlh/nMOdod oppflcatloo)
ADDmoNAL COMMENTS
.)__-. M<t,.""'-,""-C\,;,GQ... � '" c... --��n\. L°'� .,,_6,�·-.• ,� ��-�IL ___ ,'\ --==r...,__'-·-.. \.. � ,,;_ '-', a • • •~ A---� l<\.�r,?,;:V ....... l ..J \ _, ...., � �. -· >..-:,.... �-s.o�.s,....'-. c.,,,,-"' c.. .. s .../ \
�N' � � � Y. -·�'-#:<C° s .... � ..... : ·. ""' I -_)
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
516
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
�\J�b� \ ..-N:'\b.( .o§<L.. (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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, J\�-J�L ��C.0-\-L-(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://egualpay.mt.gov/BestPractices/Employers, or equivalent "best practices
publication and has read the material. y�,� S0��°'--"-"- \) __ q,_ ���� Name and title of person authorized to sign on behalf of submitter
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
517
Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:
Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation
Maintenance Services in the Parks and Trails District
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign First Amendment to the Professional
Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations.
In February 2021, the Parks and Recreation Department conducted a
request for proposals process to acquire professional services required to
maintain parks grounds and landscape areas in the District. After careful
evaluation and review, Hydro Logistics Irrigation LLC. was determined to be the
most qualified vendor for Parks and Trails District Irrigation Maintenance
Services Zone 1 Parks.
On March 23, 2021, the City entered into the Agreement with Hydro Logistics
Irrigation LLC. The Agreement is effective for one year after the date of
518
execution with the option to extend the agreement an additional year upon
mutual agreement. Hydro Logistics Irrigation LLC. has demonstrated the ability
to provide comprehensive irrigation maintenance services for the City’s
Parks and Trials District and will continue complete services as defined and
described in Attachment B: PSA Hydro Logistics Irrigation LLC.
The Attachment A PSA Amendment 1 Hydro Logistics Irrigation LLC. will
extended the Agreement for an additional one year period and shall
terminate on March 23, 2023. In no case, however, may this agreement run
longer than three (3) years from its effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY21 and FY22
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 1 Hydro Logistics Irrigation
LLC..pdf
Attachment B PSA Hydro Logistics Irrigation LLC..pdf
Report compiled on: January 28, 2022
519
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 1 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trails District Irrigation Maintenance Services Zone 1 dated March 23, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2022, by and between
the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and Hydro Logistics Irrigation LLC., 499 Hylite View Dr., Bozeman MT 59771,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 31 Professional Services Agreement between the City and
Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on March 23, 2023.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
520
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 1 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA HYDRO LOGISTICS IRRIGATION LLC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
521
Page 13 of 24
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of March, 2021, by
and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, Hydro Logistics
Irrigation LLC., 499 Hylite View Dr., Bozeman MT 59771, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference
made a part hereof.
2.Effective Date: This Agreement is effective upon the date of its execution.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the
Appendix C Maintenance Schedule Zone 1 (IRRIGATION) attached hereto as Exhibit B. Any
alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the
City, and will become an additional charge over and above the amount listed
in the Scope of Services. The City must agree in writing upon any additional charges.
23rd
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5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, 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 Scope
of Services.
b.Contractor represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform the services in a
professional, competent and timely manner and with diligence and skill; that it has the power to
enter into and perform this Agreement and grant the rights granted in it; and that its performance
of this Agreement shall not infringe upon or violate the rights of any third party, whether rights
of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary to have these services meet this
warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be
considered an employee of the City for any purpose. Contractor is not subject to the terms and
provisions of the City’s personnel policies handbook and may not be considered a City employee
for workers’ compensation or any other purpose. Contractor is not authorized to represent the
City or otherwise bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City 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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall
be paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
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provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage
Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly
basis. Violation of the requirements set forth in the above State of Montana schedule of
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA.
Contractor shall maintain payroll records during the term of this Agreement and for a period of
three (3) years following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is
responsible, is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of
any type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees 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. The specific steps Contractor shall take shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action. Contractor
shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
Contractor shall 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 prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Contractor agrees to 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,
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fees and costs (including attorney’s fees and the costs and fees of 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; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
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 City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City 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 Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the 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.
Contractor also waives any and all claims and recourse against the City, 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 performance of this Agreement except “responsibility for
[City’s] 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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractor shall at Contractor’s expense
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 Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in 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.
Contractor shall furnish to the City an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial
General and Automobile Liability policies. The insurance and required endorsements must be in
a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to
terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
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Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the
City, make it advisable to the City to cease performance under this Agreement, the City
may terminate this Agreement by written notice to Contractor (“Notice of Termination
for City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance
under this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do
only such work as may be necessary to preserve, protect, and maintain work already
completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
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Page 19 of 24
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby
expressly waives any right to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to
the claim. In the event Contractor fails to provide such notice, Contractor shall waive all
rights to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator 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, Contractor may direct its
communication or submission to other designated City personnel or agents as
designated by the City in writing and may receive approvals or authorization from such
persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent
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circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with
a successful transmission report) to the email address or fax number provided by the
Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary
mail to the address shown above, postage prepaid.
12.Permits: Contractor shall 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 from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall 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.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Contractor 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 Contractor shall 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.
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Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, by any employee or agent engaged in services to the City under this Agreement while on
City property or in the performance of any activities under this Agreement. Contractor
acknowledges 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
prevention plans and related testing. City shall have the right to request proof of such
compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's
employees and agents in proper and specified work methods and procedures. The Contractor
shall provide continuous inspection and supervision of the work performed. The Contractor is
responsible for instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with
the requirements of this Agreement. Contractor shall 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 to Contractor pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Contractor shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
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18.Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party 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, including fees, salary, and costs of in-house counsel
including the City Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.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.
b.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.
22.Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: 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.
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28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this
Agreement run longer than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: _________________________
Print Title: __________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
Owner
Josh Proff
Hydro Logistics Irrigation, LLC
532
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
IRRIGATION MAINTENANCE SERVICES ZONE: 1
City of Bozeman
Bozeman, MT
Exhibit A
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Page 5 of 24
III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific irrigation system and
maintenance services identified and described in Appendix D: Park location Maps Zone
1.
2.Contractor proposals shall include cost associated with delivery of all tasks described in
Appendix C: Maintenance Schedule Zone 1 Irrigation and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 1 Irrigation.
Maintenance services requested include:
a.Irrigation System Startup.
b.Irrigation System Winterization.
4.Contractor shall provide a fixed hourly rate for labor cost associated with services
described in Appendix C: Maintenance Schedule Zone 1 Irrigation Additional Services.
Contractor proposals shall provide information on additional callout fees applied for
service calls or maintenance related emergencies.
Exhibit A
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Page 6 of 24
Maintenance services requested include:
a.Irrigation System miscellaneous maintenance (Labor Only).
b.System programming for routine sprinkler cycles (Labor Only).
c.Repair/Replacement of irrigation system components. (Labor Only).
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Landscape services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
535
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 1
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
536
PARK NAME SITE DISCRIPTION LOCATION:
MAP/LOCATION
(GREEN AREA
ONLY)
FERGUSON
MEADOWS PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $
VALLEY COMMONS
PARK
TURF: YES/UNK
IRRIGATION:
YES/MEDIUM/FAIR
Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $
LOYAL GARDENS
SUB PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
S. Cottonwood Rd. to Golden Gate Ave.
& South of Loyal Dr. 1-C 1x/year $1x/year $
VALLEY WEST PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Durston Rd. to Babcock St. & Kimball Ave. to
N. Cottonwood Rd.1-D 1x/year $1x/year $
NORTON EAST
RANCH SUB PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Babcock St. to Fallon & S. Eldorado
to Waterlily Dr.1-E 1x/year $1x/year $
BAXTER MEADOWS,
PH. 1-3
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $
FLANDERS CREEK
SUBDIVISION PARK 1-
3
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Annie St. to Durston Rd. & Flanders
Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $
BAXTER MEDOWS,
PH. 1 Park 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Equestrian Ln. to Baxter Ln. &
Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $
TRADITIONS SUB
PHASE 1 PARK 1-4 &
8
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Sherwood Way to Glenwood Dr. &
Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $
DIAMOND ESTATES
PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave. Road buffer at
Oak & detention pond Area. 1-J 1x/year $1x/year $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to Yellowstone
Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $
DIAMOND PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Ferguson Ave. to Flanders Mill Rd. &
Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $
FOUR POINTS
MINOR SUB 475
PARK
TURF: YES/GOOD
IRRIGATION:
YES/MEDIUM/FAIR
Cattail St. to Kimberwicke St. &
Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $
WESTBROOK SUB
PUBLIC PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Annie St. to Durston Rd. & Rosa
Way to Loxley Dr. 1-N 1x/year $1x/year $
THE LAKES AT
VALLEY WEST PARK
TURF: UNK
IRRIGATION:
YES/MEDIUM/FAIR
Westmorland Dr. to Vahl Way to N.
Laurel Pkwy. Adjcent to Bronken Sports
Park.
1-O 1x/year $1x/year $
SUNDANCE PUBLIC
PARK
TURF: UNK
IRRIGATION: UNK
Caballo Ave. to Davis Ln. & Galloway St.
to Baxter Ln. 1-P 1x/year $1x/year $
BOULDER CREEK
PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Glenellen Dr. to Annie St. & Laurel Pkwy.
To Abigail Ln.1-Q 1x/year $1x/year $
ANNIE ST &
COTTAGE PARK LN
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Small L shaped property corner of Annie
St. & Cottage Park Ln.1-R 1x/year $1x/year $
COTTAGE PARK LN TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Small property Cottage Park Ln. and
Hanson St. 1-S 1x/year $1x/year $
Repair/Replacement of irrigation system components. (Labor Only).$
Repair/Replacement of irrigation system components. (Labor Only).$
Appendix C: Maintenance Schedule Zone 1 (IRRIGATION)
IRRIGATION SYSTEM
STARTUP :
IRRIGATION SYSTEM
WINTERIZATION :ADDITIONAL COMMENTS
system programming for routine sprinkler cycles (Labor Only).$
Irrigation System labor for miscellaneous maintenance (Labor Only).$
Parks
Additional Services: Fixed Per Hour Rates
Service/Discription Per Hour Rates ADDITIONAL COMMENTS
Exhibit A DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
537
Parks & Trails District
Irrigation Maintenance Services zone 1 RFP
Hydro Logistics Irrigation, LLC
Josh Proff
499 Hyalite View Drive
Bozeman, MT 59718
406.570.0814
josh@hydroli.com
Exhibit B
DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
538
PARK NAME SITE DISCRIPTION LOCATION:
MAP/LOCATION
(GREEN AREA
ONLY)
FERGUSON
MEADOWS PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $
VALLEY COMMONS
PARK
TURF: YES/UNK
IRRIGATION:
YES/MEDIUM/FAIR
Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $
LOYAL GARDENS
SUB PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
S. Cottonwood Rd. to Golden Gate Ave.
& South of Loyal Dr. 1-C 1x/year $1x/year $
VALLEY WEST PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Durston Rd. to Babcock St. & Kimball Ave. to
N. Cottonwood Rd.1-D 1x/year $1x/year $
NORTON EAST
RANCH SUB PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Babcock St. to Fallon & S. Eldorado
to Waterlily Dr.1-E 1x/year $1x/year $
BAXTER MEADOWS,
PH. 1-3
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $
FLANDERS CREEK
SUBDIVISION PARK 1-
3
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Annie St. to Durston Rd. & Flanders
Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $
BAXTER MEDOWS,
PH. 1 Park 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Equestrian Ln. to Baxter Ln. &
Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $
TRADITIONS SUB
PHASE 1 PARK 1-4 &
8
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Sherwood Way to Glenwood Dr. &
Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $
DIAMOND ESTATES
PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave. Road buffer at
Oak & detention pond Area. 1-J 1x/year $1x/year $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to Yellowstone
Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $
DIAMOND PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Ferguson Ave. to Flanders Mill Rd. &
Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $
FOUR POINTS
MINOR SUB 475
PARK
TURF: YES/GOOD
IRRIGATION:
YES/MEDIUM/FAIR
Cattail St. to Kimberwicke St. &
Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $
WESTBROOK SUB
PUBLIC PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Annie St. to Durston Rd. & Rosa
Way to Loxley Dr. 1-N 1x/year $1x/year $
THE LAKES AT
VALLEY WEST PARK
TURF: UNK
IRRIGATION:
YES/MEDIUM/FAIR
Westmorland Dr. to Vahl Way to N.
Laurel Pkwy. Adjcent to Bronken Sports
Park.
1-O 1x/year $1x/year $
SUNDANCE PUBLIC
PARK
TURF: UNK
IRRIGATION: UNK
Caballo Ave. to Davis Ln. & Galloway St.
to Baxter Ln. 1-P 1x/year $1x/year $
BOULDER CREEK
PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Glenellen Dr. to Annie St. & Laurel Pkwy.
To Abigail Ln.1-Q 1x/year $1x/year $
ANNIE ST &
COTTAGE PARK LN
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Small L shaped property corner of Annie
St. & Cottage Park Ln.1-R 1x/year $1x/year $
COTTAGE PARK LN TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Small property Cottage Park Ln. and
Hanson St. 1-S 1x/year $1x/year $
Repair/Replacement of irrigation system components. (Labor Only).$
Repair/Replacement of irrigation system components. (Labor Only).$
Appendix C: Maintenance Schedule Zone 1 (IRRIGATION)
IRRIGATION SYSTEM
STARTUP :
IRRIGATION SYSTEM
WINTERIZATION :ADDITIONAL COMMENTS
system programming for routine sprinkler cycles (Labor Only).$
Irrigation System labor for miscellaneous maintenance (Labor Only).$
Parks
Additional Services: Fixed Per Hour Rates
Service/Discription Per Hour Rates ADDITIONAL COMMENTS
75 75
7575
75 75
75 75
75 75
500 500
800 800
475 475
375 375
830 830
300 300
500 500
500 500
400 400
300 300
400 400
650 650
350 350
100 100
75
75
75
75
Exhibit B DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
539
Page 12 of 24
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Hydro Logistics Irrigation LLC
Hydro Logistics Irrigation LLC
,Owner
Exhibit B
DocuSign Envelope ID: 676BE453-4625-4BCE-BA92-E242358AB396
540
Memorandum
REPORT TO:City Commission
FROM:Michael Veselik, Parking Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign Task Order 2 with Walker Consultants for
On-going Services Related to the Parking Term Contract and Paid Parking
Implementation
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:During the February 1st work session on parking supply and demand
management, the City Commission directed the City Manager and staff to
continue to pursue paid parking as a strategy for actively managing both
demand and supply in downtown Bozeman. The Commission provided
several tasks for City Staff to complete ahead of returning to the Commission
with an ordinance. Task Order #2 is for Walker Consultants to provide
services to the City of Bozeman to assist with technology procurement,
installation, and ordinance drafting.
UNRESOLVED ISSUES:No Unresolved
ALTERNATIVES:As proposed by the of the City Commission
FISCAL EFFECTS:The task order has a budget of $79,200.
Attachments:
20220202_City of Bozeman Parking Technology Procurement
Proposal.pdf
Report compiled on: January 28, 2022
541
m:\proposal\cmpltpro\studies\government\2022 city of bozeman\city of bozeman parking technology procurement proposal.docx
February 2, 2022
Mike Veselik
Economic Development Program Manager, Parking
City of Bozeman
121 N. Rouse Avenue
Bozeman, MT 59715
Re: Task Order Number 2. Paid Parking Technology Design and Procurement for Downtown Parking
Bozeman, Montana
Dear Mr. Veselik:
Walker Consultants is pleased to submit this proposal to develop the technical requirements, design, procure
and provide support during the installation of paid parking equipment for the City of Bozeman.
SCOPE OF SERVICES
Item 1. Parking Technology Strategy
1. Discuss the various access and revenue control methods for varying parker types.
2. Define system integration requirements such as existing LPR and ticketing systems.
3. Discuss and confirm the recommended functionality and desired features of the new meters.
4. Discuss plans for installing and operating the system.
5. Identify the number and general location of on-street parking meters.
6. Provide our recommendation for the parking access and revenue control systems (PARCS) strategy
for the off-street lots and garage. The strategy will identify the number, type, and location of
equipment of the off-street parking facilities.
7. Develop a budgetary level cost to implement this PARCS equipment.
8. Discuss our PARCS strategy recommendations with the City via a virtual meeting.
9. Confirm with the City the preferred technology strategy before RFP development.
Deliverable: PowerPoint slide deck.
No on-site meetings or site visits are identified for Item 1.
Item 2: Technical RFP Development
1. Develop technical specifications potential vendors would use to price their proposed PARCS. This
specification will outline the requirements for the project, including areas such as:
a. equipment submittals,
b. design criteria,
c. vendor qualifications,
10375 Park Meadows Drive, Suite 425
Lone Tree, CO 80124
303.694.6622
walkerconsultants.com
542
Mr. Mike Veselik
January 6, 2022
Page 2
d. bid requirements,
e. warranty information,
f. PCI, P2PE, EMV, credit card compliance,
g. installation,
h. training,
i. future system expandability,
j. integration of systems,
k. instructions to proposers,
l. proposer itemized price form,
m. specification compliance forms.
Deliverable: Technical documents that the City can use to incorporate into the City-issued bidding documents.
No on-site meetings or site visits are identified for this Item.
Task 3. City Procurement Phase
1. Develop a list of “likely qualified” vendors.
2. Attend a pre-bid meeting with prospective vendors to review project requirements. The meeting is
assumed to be virtual.
3. Respond to written questions from vendor questions that would be incorporated into a City-issued
addendum.
4. Evaluate proposals received from vendors against requirements and provide a memorandum including
cost analysis, features included, and specification compliance.
5. Facilitate one day of finalist presentations/interviews for selected vendors (if desired). The meeting is
assumed to be in person.
6. Provide telephone, conference call, and email support in selecting a vendor.
Deliverable: Written response to vendor questions the City can incorporate into a City-issued addendum.
It is assumed that the City will manage the RFP process through its procurement department. One in-person site
visit is assumed for the one-day finalist presentations/interviews.
Item 4. Installation Administration
1. Attend one pre-installation meeting.
2. Review the selected vendor’s submittals for compliance with the technical requirements.
3. Respond to requests for information related to the technical performance from vendor and the City.
We have assumed up to twenty hours for this task.
4. Conduct one on-site visit once the installation is complete to confirm the technology is operating as
designed. Conduct on-site acceptance testing of the equipment.
5. Issue a punch list for outstanding items.
6. Conduct one follow-up on-site visit once the vendor confirms the punch list items have been
completed.
Deliverable: Punch list and acceptance testing documentation.
543
Mr. Mike Veselik
January 6, 2022
Page 3
Two in-person trips are assumed for this task.
Item 5. Infrastructure Design
1. Obtain layout and sidewalk drawings or GIS files from City of the surface parking lots and garage.
2. Develop basis of design requirements for the following:
a. Electrical and communication (type and size) requirements to operate the PARCS in the lots and
garage.
b. Lane layouts and dimensions, outlining the infrastructure necessary to support the PARCS
equipment, including concrete islands and bollards to protect the equipment.
3. Working with preliminary plans, conduct a site walk with the City to review and confirm the
preferred locations for on-street parking meters and off-street kiosks. We will utilize this site visit to
define the final locations for the parking meters.
4. Develop plans identifying the new meter locations. Depending on the background plans available,
we can use City-provided surface lot, garage, and sidewalk plans or rely on Google Earth images.
Deliverable: Plans that the vendor can use to locate and install the new parking equipment. Plans and details
that the City can use to install infrastructure to support the new equipment. An additional procurement process
may be required by the City for the concrete, electrical and communication infrastructure if it is not made part
of the vendors contract (TBD).
One in-person site visit is assumed for this task.
Item 6. Ordinance Language Updates
1. Review the City’s existing ordinance language pertaining to paid parking.
2. Provide recommended language updates and additions to support the implementation of paid
parking in the City of Bozeman.
3. Meet virtually to review and discuss the draft ordinance language.
4. Incorporate one set of consolidated comments from the City.
5. Meet to discuss the proposed ordinance language with the City Attorney’s office, once virtually.
Deliverable: Memorandum summarizing existing ordinance and providing recommended language updates and
additions, identifying specific code sections where applicable.
SCHEDULE
We are prepared to begin these services immediately once authorized by the City. Below is a proposed timeline
to complete the above-noted tasks.
February March April May
Authorization 02/08/2022
Item 1. Parking Technology Strategy
Item 2. Technical RFP Development
Item 3. City Procurement Phase (Bidding)
Item 3. City procurement Phase (Evaluation)
Item 5. Infrastructure Design
Item 6. Ordinance Language Updates
544
Mr. Mike Veselik
January 6, 2022
Page 4
PROFESSIONAL FEE
The scope of services will be completed by Item using our existing Professional Services Agreement dated
December 7, 2021, and issuance of a Task Order or signed proposal.
TASK PROFESSIONAL FEE
Item 1. Parking Technology Strategy $10,200
Item 2: Technical RFP Development $13,200
Item 3: City Procurement Phase $12,800
Item 4: Installation Administration $30,500
Item 5. Infrastructure Design *$40,000
Item 6. Ordinance Language Updates $12,500
TOTAL FEE $79,200
* We suggest budgeting $40,000 for this Item; however, the fee and level of effort for this Item cannot be fully
defined until after the technology strategy and available background drawings is understood.
Sincerely,
WALKER CONSULTANTS
Andrew J. Vidor
Director of Studies
Enclosures General Conditions of Agreement for Consulting Services
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the
terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this
agreement for our records.
CITY OF BOZMAN
Accepted by (Signature)
Printed Name
Title
Date
545
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Parks Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Resolution 5373 Authorizing the City Manager to Enter into a Memorandum
of Understanding with the Gallatin Alliance for Pathways for the Frontage
Pathway Trails, Open Space, and Parks Bond Project
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5373 Authorizing the City Manager to Enter into a
Memorandum of Understanding with the Gallatin Alliance for Pathways for
the Frontage Pathway Trails, Open Space, and Parks Bond Project
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5209 authorizing the use of up to $90,000 from
the Trails, Open Space and Parks (TOP) Bond Fund toward the Frontage
Pathway Project ("the Project") which entails construction and improvement
of bicycle and pedestrian facilities along the airport frontage road between
the Montana Department of Transportation (MDT) property and the Cherry
Creek Fishing Access. Before incurring any expenses toward the project,
Resolution 5209 requires that the City Commission approve a binding
Memorandum of Understanding (“MOU”) with the applicant, the Gallatin
Alliance for Pathways (“GAP”), describing its financial and in-kind
contributions toward the project. The attached Resolution 5373 meets this
requirement.
Project Details:
The Project is described in two main segments: Segment One would connect
MDT property to Springhill Road; Segment Two would connect Springhill
Road to the fishing access. Segment One falls adjacent to City-owned
property and is proposed as primarily shared-use pathway. Segment Two
includes multiple property frontages, various owners, and is proposed to
include both on-street bike routes and a shared-use pathway.
Since the time of the Frontage Pathway TOP application approval, the City
and County have continued to move forward development plans on City-
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owned parcels of Segment One. Due to the scale of the improvements
planned, design and construction of a shared-use pathway would be
included within the requirements of those projects. Given the likelihood of
the pathway being included in those plans, the amount of TOP funding for
the overall Frontage Pathway Project, and the significant right-of-way and
design unknowns along Segment Two, staff and GAP will direct the majority
of the first amount of TOP funding toward Segment Two.
Next Steps:
1. Commence a feasibility study for the entire Project in preparation for
communications with Montana Department of Transportation and property
owners along Segment Two about use of right-of-way and preferred routes.
Surveying and initial design concepts will be developed for Segment Two.
2. Communication with MDT regarding the project goals and scope of work.
Inform MDT of any City plans that are formalized for construction of
Segment One pathway which triggers MDT construction of pathway along
their frontage.
3. Explore grant opportunities for the Project, which may include
construction of the pathway in segments or along the entire route in order
to best leverage City funds and complete the connections on a preferred
timeline.
Resolution 5373 Memorandum of Understanding with Gallatin Alliance for
Pathways:
GAP's application proposed a 1:1 ratio of financial and in-kind match to
complete the Frontage Pathway project in whole. Given the reduced amount
of the TOP allocation from that applied for and the aforementioned
likelihood of Segment One being completed with other funding, the City and
GAP enter into a Memorandum of Understanding for the City to spend the
initial $50,000 toward a feasibility study to ensure property owner buy-in
before GAP commences a public fundraising campaign. Upon completion of
study, GAP commits to contributing the next $50,000 of project expenses
and/or in-kind. The City and GAP will then share project costs at a 1:1 ratio
up to $180,000 total ($90,000 TOP:$90,000 GAP). A new MOU will be
established, as needed, to define future roles and financial obligations to
complete the Project according to feasibility study and other due diligence
and grants received.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:NA.
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Attachments:
Resolution 5373 Frontage Pathway MOU.docx
Resolution 5373 Attachment A MOU.docx
Report compiled on: July 8, 2021
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Page 1 of 3
COMMISSION RESOLUTION 5373
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE GALLATIN ALLIANCE FOR
PATHWAYS (GAP) DESCRIBING THE CITY’S AND GAP’S CONTRIBUTIONS TO
THE FRONTAGE PATHWAY PROJECT
WHEREAS, on October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5209 which authorized the contribution of up to $90,000 from the
TOP Bond Fund toward completion of a connected bicycle and pedestrian trail route along the
north side of Frontage Road and other streets where feasible between Montana Department of
Transportation and the Cherry Creek Fishing Access, on the terms and conditions set forth in
Commission Resolution No. 5209 (the “Project”) contingent upon the City entering into a binding
Memorandum of Understanding (“MOU”) with Gallatin Alliance for Pathways (“GAP”)
describing the financial and in-kind contributions proposed by GAP;and
WHEREAS,of the $90,000 authorized by Resolution 5209, an amount of approximately
$50,000 is allocated for a feasibility study including conceptual designs and landowner discussion;
and
WHEREAS,the City and GAP desire to work together with the common goal of
completing the Project for community recreation and active transportation; and
WHEREAS, the City and GAP have drafted an MOU describing each party’s rights and
obligations in completing the project.
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Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
The City Manager is hereby authorized to enter into Attachment A (Memorandum of
Understanding between the City of Bozeman and GAP for the Frontage Pathway Project), a
binding MOU with GAP describing the parties’ respective rights and obligations in completing
the project.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of _____________, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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ATTACHMENT A
(Memorandum of Understanding between the City of Bozeman and
Gallatin Alliance for Pathways for the Frontage Pathway Project)
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Resolution 5373 Attachment A
Memorandum of Understanding
Between the City of Bozeman and Gallatin Alliance for Pathways
for Frontage Pathway
This Memorandum of Understanding (the “MOU”) is entered into by and between Gallatin
Alliance for Pathways, a Montana non-profit public benefit corporation, with a mailing address of
2411 Kid Curry Drive, Bozeman MT 59718 (“GAP”) and the City of Bozeman, a municipal
corporation organized and existing under its Charter and the laws of the State of Montana, with a
mailing address of PO Box 1230, Bozeman, MT 59771 (the “City” and together with GAP the
“Parties”) and sets forth the mutual understanding of GAP and the City with respect to the funding,
design, and construction of a non-motorized multi-user route/pathway as shown in Exhibit A (the
“Frontage Pathway” or the “Project”). GAP and the City are working together with the common goal
of creating the Frontage Pathway as part of the City of Bozeman’s trail network.
RECITALS
A.GAP is a Montana non-profit public benefit corporation working, in this specific
context, to develop a safe and scenic route/pathway for people to bicycle or walk between the
Nelson Meadows Subdivision and the Cherry River Fishing Access Site near North 7th Avenue
on the north side of Frontage Road.
B.On November 6, 2012, the voters of the City approved the creation of a bond fund for
the acquisition, construction and maintenance of new parks, trails and open spaces in the City of
Bozeman (the “TOP Bond Fund”).
C.On October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution No. 5209 which authorized the contribution of up to $90,000.00 from the
TOP Bond Fund toward completion of the Project, on the terms and conditions set forth in
Commission Resolution No. 5209.
D.Resolution No. 5209 states that $90,000 is allocated from the TOP Bond Fund toward
the project costs, with the remainder to be provided by GAP fundraising, grants, and other City of
Bozeman capital funding as it becomes available. The initial Frontage Pathway Application
proposed that the TOP fund would provide $300,000 (48%) of the project costs, with GAP raising
the remaining projected costs with direct funding; private, federal and state grants; and in-kind
contributions of $325,902 (52%), an approximate 1:1 match.
E. The Resolution also contemplates that feasibility and design first need to take place to
inform the actual project costs and funding needed. Additionally, since the time of the application,
the City has confirmed that future developments on City parcels would be required to design and
complete the associated segments of pathway at the time of their development (Segment One). These
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pathway segments may obviate the need for Segment One under the TOP proposal. The City has
therefore agreed to pay for a feasibility study focusing on Segment Two, but assessing feasibility of
the entire project. The cost of the feasibility study is estimated to be approximately $50,000.
F. In order to maintain the 1:1 match between the Trails, Open Space and Parks Bond
funding and GAP, after the feasibility study has been completed and paid for, and the Parties have
agreed about the subsequent steps to complete the Project and the estimated costs thereof, GAP will
next match the $50,000, as set forth in Section D. The remaining $80,000 (of the $180,000 total)
will be spent upon mutual agreement by the City and GAP at a 1:1 ratio of GAP match to TOP
funding. Additional funding sources beyond this $180,000 are unknown and will be raised
collaboratively between the Parties as set forth herein.
G.Resolution No. 5209 contemplates that GAP’s commitment to make the GAP
Contribution be memorialized in a binding Memorandum of Understanding to be approved by the
City Commission prior to expenditure of any funds under the Resolution.
H.The City and GAP intend to complete the Project through a collaborative public-
private partnership. The purpose of this MOU is to fulfill the requirements of Commission
Resolution No. 5209 and to describe and formalize the goals, guidelines, rights and obligations of
GAP and the City in creating the Project, and to guide the parties in their collaborative efforts to
successfully complete the Project.
NOW, THEREFORE, in order to define the goals, guidelines, rights and obligations of the
Parties toward each other and toward third parties in carrying out the creation of the Frontage
Pathway Project as contemplated by Commission Resolution No. 5209, GAP and the City agree as
follows:
AGREEMENT
1.General Description of Project. The general goal of the Project is to construct trail segments
and pedestrian crossings as needed to establish a non-motorized multi-user route/path north of
the Frontage Road between Nelson Meadows Subdivision and the Cherry River Fishing Access
Site near North 7th Avenue. The goal of the Parties is to include the following components in the
Project:
A. Establish the feasibility of the Frontage Pathway as defined in the TOP application
including exploration of alternate routes;
B. Obtain approvals and easements, as needed, for the route of the Frontage Pathway;
C. Design and complete the associated segments of pathway at the time of future
development on City parcels (Segment One);
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D. If right of way or easements are approved by property owners, pursue additional
funding in collaboration with the City and application partners for design and
construction of Segment Two east of Springhill Road;
E. Improve active transportation features along the entire pathway including but not
limited to improved street crossings, trail markers or wayfinding, benches, and shaded
areas.
2.Specific Project Tasks to be Completed. The Parties acknowledge that the foregoing Section 1
reflects the general goals of the Project as approved by the City Commission, and that the
general goals will be incorporated into a design and construction plan following the City’s
planning process and that of other relevant jurisdictions. Therefore the list of specific project
tasks to be completed, and the Party responsible for completing the tasks, will need to be
informed by the results of the feasibility study, and this MOU may be amended accordingly from
time to time as mutually agreed by the Parties as the planning documents are completed.
Identified Specific Project Tasks. Notwithstanding the foregoing, GAP and the City have
identified a number of specific tasks that will be completed in any event. Those tasks consist of
the following:
3.Private Fundraising Campaign. Upon completion of a feasibility study and if approvals are
obtained, GAP will develop and implement a private fundraising campaign for GAP’s
Contribution to the Project (in an amount to be determined after the design phase) (the
“Campaign”). The goal of the Campaign will be to raise sufficient private funds, in-kind
contributions, and grants to complete the project, as well to raise sufficient funds to cover the
costs of conducting the Campaign itself. GAP will use reasonable, good faith efforts to raise
private funds, in-kind contributions, and grants in an amount sufficient to complete the Project.
All cash donations or grants received by GAP as part of the Campaign will be held by GAP or,
as appropriate, the City prior to disbursement of such funds for construction of the Project
pursuant to the terms of this MOU. GAP will be responsible for (i) collecting all gifts, (ii)
acknowledging each gift, (iii) providing regular updates on the progress of the fundraising efforts
to the City, and (iv) disbursing such funds to cover agreed-upon Project-related costs. The City
acknowledges and agrees that, while GAP shall use reasonable and good faith efforts to achieve
its fundraising target, GAP is not a guarantor of such funds. GAP agrees to keep the City
informed of its progress on the Campaign as part of the Parties’ regular communication during
the life of the Project.
4.Grants and Misc. City Funding. The City will make all reasonable efforts to support the
project, including being the applicant for grants that require a governmental applicant and
supporting grant applications submitted by GAP, as deemed appropriate by the City Manager.
The City will also contribute reasonable Staff resources and identify other City funds as they
become available and are prioritized for this project. GAP will prepare grant applications with
collaboration from the City and provide matching funds as described in Section 3.
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5.Feasibility Study and Concept Design. The City will engage and pay out of TOP funds the
services of a professional engineering firm to complete the feasibility study. In the event that
neither right-of-way nor easements can be acquired for the construction of Segment Two,
remaining TOP funds and partner match may be used for smaller aspects of the project (see
Section 1.E).
6.Project Management. The Parties intend to work together in a collaborative manner for the
development of the route/pathway, allowing the Project to benefit from each Party’s particular
expertise and skills. In consultation with GAP, the City will manage the overall design,
development and construction through completion of the Project. The Directors of Parks and
Recreation and/or Public Works are the ultimate review authorities for City of Bozeman
infrastructure design, as applicable.
7.Construction Management. The parties intend that the City, through a selected engineering
firm, will manage and contract for all phases of Project development and construction, in
accordance with the approved plans.
8.Project Budget. GAP developed a preliminary budget for the Project, a copy of which is
attached to this MOU as Exhibit B and hereby incorporated by this reference (the “Project
Budget”). The Project Budget was preliminary in nature, based on the information known to the
Parties as of the date of submittal of GAP’s application to the TOP Committee. The Project
Budget will be updated, amended, and refined over time as a result of the planning process and
the results of construction bidding.
8.a Once the design process has been completed and the estimated costs of the various
components of the Project have been better identified, the Project Budget will be revised to
identify specific costs related to on-site improvements, as well as which party will be responsible
for the cost of which tasks and how the cost of those tasks will be funded. The Revised Project
Budget will, to the extent possible, identify which budget items GAP will pay for using in-kind
services, which will be paid for with funds contributed by GAP, and which will be paid for using
funding from the TOP Bond Fund or other grants and/or City funds. GAP and the City will at all
times manage the Project in such a manner as to ensure that the Project is constructed consistent
with the approved designs and budget as approved by the City Commission. A revised or new
MOU may be established, if deemed necessary by either party, to document the revised project
budget and terms upon completion of the feasibility phase.
9.Signage. Following completion of the Project, in addition to any signage installed by the City
and in accordance with the City of Bozeman’s Naming Policy, a permanent sign acknowledging
GAP and/or other donating entities may be installed at GAP’s expense in a location mutually
acceptable to the City and GAP. GAP and the City may create a mutually acceptable donor
recognition plan to guide acknowledgement of donors to the Project. All signs erected or posted
along the Route shall conform to City sign permit requirements.
10.Press Releases; Publicity; Events. GAP shall provide the City with advance notice of
significant publicity events relating to the Project and the Campaign, and an opportunity for
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participation. It is not anticipated that the City will be involved in the planning or execution of
such events, nor is it anticipated that a representative of the City need attend any or all of such
events. To facilitate its fundraising efforts in connection with the Project, GAP may issue press
releases, hold promotional events and/or take other steps to raise public awareness regarding the
Project.
11.Miscellaneous.
a.Notices. Notices to the Parties shall be directed as follows:
If to the City:
The City of Bozeman
City Hall
121 North Rouse
Bozeman, Montana 59771-1230
Attention: Addi Jadin
E-mail: ajadin@bozeman.net
If to GAP:
Gallatin Alliance for Pathways
2411 Kid Curry Drive
Bozeman, Montana 59718
Attention: Marilee Brown
Email: saferbozeman@gmail.com
Any notice sent to a Party under this MOU shall be in writing and shall be effective when
received by the recipient. Each Party may change the address at which it is to receive notices
by providing written notice of its new address for notices to the other Party.
b.Governing Law; Venue. This MOU shall be governed by the laws of the State of Montana.
The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County,
Montana
c.Liberal Construction. This MOU shall be liberally construed to achieve the successful
completion of the Project. If any provision in this MOU is found to be ambiguous, an
interpretation consistent with the spirit of collaboration and the mutual goals and objectives
of the Parties shall be favored over any interpretation that would be inconsistent with such
purposes and goals.
d.Severability. If any provision of this MOU is found to be invalid, the remainder of the
provisions of this MOU shall not be adversely affected.
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e.Entire Agreement; Amendment; Assignment. This instrument sets forth the entire
understanding of the Parties with respect to the Project and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the MOU, all of which agreements or
understandings are merged into this MOU. No alteration, amendment or modification of this
MOU shall be valid or binding unless contained in a written amendment signed by both
Parties. It is contemplated that from time to time this MOU can be modified, if agreed by
both Parties, to address developments in the Project and/or the Campaign. GAP may not
assign its rights or obligations under this Agreement without the prior written consent of the
City.
f.Successors. The terms, conditions, commitments, restrictions and understandings set forth in
this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their
respective successors and assigns.
g.Captions. The captions in this MOU have been inserted solely for convenience of reference
and are not a part of this instrument and shall have no effect upon construction or
interpretation.
h.No Partnership or Agency. Neither Party shall be considered a partner or agent of the other
Party, and this MOU does not create a partnership or principal-agent relationship between the
Parties. Neither Party shall have any right, power or authority to create any obligation,
expressed or implied, on behalf of the other Party. The Project is a public-private
collaboration between two separate and independent entities, each of which has a common
interest in creating the Frontage Pathway Project, but each of which also has objectives and
activities outside the scope of the Project and this MOU. The joint effort being formed by
the City and GAP is not a separate legal entity and neither GAP nor the City shall have the
right to bind the other Party vis-à-vis any third party. The purpose of the collaboration is to
work together to complete the Project and achieve the Parties’ common goals as stated in the
Recitals above. While GAP and the City may cooperate in the creation of other pathways or
other projects in the future, the parties acknowledge and agree that this Project is unique and
the terms of this MOU shall not create a binding precedent with respect to any future
projects.
i.Indemnity and Release. GAP and the City mutually agree to indemnify, defend and hold
the other Party harmless from and against any and all liability to any third party for or from
loss, damage or injury to persons or property in any manner arising out of, or incident to,
negligent acts, errors, omissions, or willful misconduct in the performance of work on the
Project. Each of the City or GAP shall be solely responsible for any contracts it enters into
or other obligations or liabilities incurred by such party in connection with its respective role
under this MOU and the Project.
j.Nondiscrimination. The Parties agree that all hiring by the Parties of persons performing
this Agreement shall be on the basis of merit and qualifications. The Parties will have a
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policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts. The Parties 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 Parties shall be subject to and comply with Title VII of the Civil Rights Act
of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder. The Parties shall require these nondiscrimination terms of its subcontractors
providing services under this Agreement.
k.Compliance with Laws. The Parties shall 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.
l.Nonwaiver. A waiver by either Party of any default or breach by the other Party of any
terms or conditions of this Agreement does not limit the other Party’s right to enforce such
term or condition or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
m.Attorney’s Fees and Costs. In the event it becomes necessary for either Party of 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, including fees, salary, and costs of in-
house counsel to include the Office of the City Attorney.
n.No Third-Party Beneficiary.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.
o.Counterparts. This Agreement may be executed in counterparts, which together constitute
one instrument.
By signing below, each Party agrees and acknowledges that this Memorandum of Understanding
accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms
and conditions of this Memorandum of Understanding.
558
THE CITY OF BOZEMAN GALLATIN ALLIANCE FOR
PATHWAYS
BY: __________________________BY: _________________________
TITLE: _______________________TITLE: ______________________
DATE:________________________DATE: _______________________
Approved as to form:
By:________________________
City of Bozeman, City Attorney
559
EXHIBIT A
Conceptual Project Plan from Frontage Pathway TOP Application
560
EXHIBIT B
Estimated Project Costs from TOP Application
561
Memorandum
REPORT TO:City Commission
FROM:Lynn Hyde, Planner
Chris Saunders, Community Development Manager
Anna Bentley, Interim Community Development Director
SUBJECT:Ordinance 2097, Provisional Adoption to Rezone 1.25 Acres from M-1, Light
Industrial, to B-2M, Community Business District-Mixed, Application 21319,
Property Located on the South Corner of E Avocado Street and Plum Avenue
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally adopt Ordinance 2097 rezoning 12.5 acres from M-1, Light
Industrial, to B-2M, Community Business District-Mixed, application 21319.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:An application to rezone two existing parcels from R-2 (Residential moderate
density district) and M-1 (Light manufacturing district) to B-2M (Community
business district), with the rezone of the R-2 zoned property contingent
upon a growth map amendment to change the Urban Neighborhood future
land use designation in the Bozeman Community Plan 2020 to Community
Commercial Mixed Use.
The Zoning Commission held a public hearing on this ZMA on October 25,
2021. The motion to recommend approval of the amendment to the zoning
district for the two parcels failed, 1-4. The City Commission conducted a
public hearing on November 23, 2021. After considering the application
materials, staff analysis and report, Zoning Commission recommendation, all
submitted public comment, and all other relevant information, the City
Commission did not approve the growth policy amendment for the Urban
Neighborhood land use parcel, thus broke the request for the rezone of two
parcels into separate motions.
The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria
for approval of the Mountains Walking Zone Map Amendment for Lot 21A
have been satisfied.
562
For further information, see original packet.
UNRESOLVED ISSUES:None identified at this time.
ALTERNATIVES:Determine that the prior decision to rezone was in error and do not adopt
the ordinance.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Zone Map Amendment.
Attachments:
Ordinance 2097, Mountains Walking ZMA 21319 FINAL.pdf
Mountain Walking Zone Map 24x36 2021_12_21.pdf
21319 Mountains Walking Legal Description.pdf
Report compiled on: January 24, 2022
563
Ord 2097
Page 1 of 5
ORDINANCE 2097
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE
ZONING DESIGNATION ON 1.25 ACRES FROM M-1 LIGHT MANUFACTURING
DISTRICT TO B-2M COMMUNITY BUSINESS DISTRICT – MIXED, APPLICATION
21319.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Division 260, Part 2 of the Bozeman Unified Development Code
sets for the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 25, 2021 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission’s motion to approve Mountains Walking
ZMA application No. 21319 as requested by the applicant failed 1-4; and
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Ordinance No. 2097, Mountains Walking Zone Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on
November 23, 2021 to receive and review all written and oral testimony on the request for the zone
map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning.
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA.
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy.
4. The applicant submitted an application to rezone two parcels to B-2M from R-2 and M-1,
with the rezone of the R-2 zoned property contingent upon a growth map amendment to
change the Urban Neighborhood future land use designation in the Bozeman Community
Plan 2020 to Community Commercial Mixed Use.
5. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied.
6. The two required public hearings were advertised as required in state law and municipal
code and all persons had the opportunity to review the materials applicable to the
application and provide comment prior to a decision.
7. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment did not have a favorable
recommendation of approval of the amendment to establish the B2M zoning district on
the property; and
8. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior
to the City Commission acting on the application.
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Ordinance No. 2097, Mountains Walking Zone Map Amendment
Page 3 of 5
9. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
10. The City Commission did not approve the growth policy amendment for the Urban
Neighborhood land use parcel, thus broke the request for the rezone of two parcels into
separate motions.
11. The City Commission determines that, as set forth in the staff report and incorporating
the staff findings as part of their decision, the required criteria for approval of the
Mountains Walking Zone Map Amendment for Lot 21A have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as B-
2M, Community Business District – Mixed:
Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of
Vacated Orange Street in Northern Pacific Addition to the City of Bozeman, located in the
Northeast One-Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana and being more particularly described as
follows;
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
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Ordinance No. 2097, Mountains Walking Zone Map Amendment
Page 4 of 5
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendment”.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 08 day of February, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 01 day of
March, 2022. The effective date of this ordinance is April, 01, 2022.
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Ordinance No. 2097, Mountains Walking Zone Map Amendment
Page 5 of 5
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
568
569
LEGAL DESCRIPTION
Lot 21A of the Amended Plat of Lots 21-24 in Block 50 & Lots 24-29 in Block 53 & Portions of Vacated
Orange Street in Northern Pacific Addition to the City of Bozeman, located in the Northeast One-Quarter
of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana and being more particularly described as follows;
Beginning at the Southeast Corner of said Lot 21A;
thence North 74°23'01" West along the south line of said Lot 21A, a distance of 141.75 feet to the
Southwest Corner of said Lot 21A said point being on the easterly Right-of-Way of Plum Avenue;
thence continuing North 74°23'01" West a distance of 30.00 feet, to the centerline of Plum Avenue;
thence along the centerline of Plum Avenue through the following courses;
North 15°23'13" East, a distance of 159.49 feet;
North 15°25'43" East a distance of 220.90 feet, to the intersection of the Plum Avenue centerline and
the Avocado Street centerline;
thence South 38°08'57" East along the centerline of Avocado Street, a distance of 213.27 feet;
thence South 15°22'16" West a distance of 37.31 feet, to the Northeast Corner of said Lot 21A;
thence continuing South 15°22'16" West along the east line of said Lot 21A, a distance of 217.02 feet to
the point of beginning.
Said tract of land being 54,485 sqft/1.25 acres.
570
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Deputy Director Community Development
SUBJECT:2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map
from R-4 High Density Residential to B-3 Downtown Business District on 0.98
Acres Located at 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd
Avenue, Application 21356
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21356 and move to recommend
approval of the 2021 W. Lamme Street Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:A request to change zoning on half a block from R-4 to B-3 in the Downtown
area to be consistent with the Bozeman Community Plan 2020 future land
uses map designation of Traditional Core. The site has one current building,
a detached home. Other residential buildings have been removed from the
site and it remains primarily vacant. This amendment will cause the entire
block to have the same B-3 zoning. A street will separate adjacent
residentially zoned areas. See the attached staff report for more
information.
Application materials are available through the Community Development
Web Viewer and at the Community Development offices at 20 E. Olive St.
Public comment is available through the City's public comment Laserfiche
archive.
UNRESOLVED ISSUES:None
ALTERNATIVES:See the attached staff report
FISCAL EFFECTS:See the attached staff report
571
Attachments:
21356 Lamme St ZMA Staff Report CC.pdf
Report compiled on: January 25, 2022
572
Page 1 of 23
21356 Staff Report for the 2021 W. Lamme Street Zone Map Amendment
Public Hearing: Zoning Commission meeting is on January 24, 2022
City Commission meeting is on February 8, 2022
Project Description: Amendment of the City Zoning Map to rezone 0.978 acres from R-4
(Residential High Density District) to B-3 (Downtown Business District) including
adjacent street right of way.
Project Location: 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Bozeman MT and legally described as Lots 6-10, 13, and 15, Block C, Tracy’s Third Addition to Bozeman, located within the NW ¼ of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. The area to be zoned includes portions of W. Lamme Street, N. 3rd Avenue, and W. Beall Street.
Recommendation: Meets standards for approval with contingencies.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, we hereby adopt the
findings presented in the staff report for application 21356 and move to recommend
approval of the 2021 W. Lamme Street Zone Map Amendment, with contingencies
required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21356 and move to approve the 2021 W. Lamme
Street Zone Map Amendment, with contingencies required to complete the
application processing.
Report: January 25, 2022
Staff Contacts: Chris Saunders, Community Development Manager
Lance Lehigh – Engineer III
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
Application materials are available through the City’s Community Development web viewer.
Public comments received are available through the City’s public comment Laserfiche archive.
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 2 of 23
Unresolved Issues
None identified at this time.
Project Summary
A request to change zoning on half a block from R-4 to B-3 in the Downtown area to be
consistent with the Bozeman Community Plan 2020 future land uses designation of
Traditional Core. The site has one current building, a detached home. Other residential
buildings have been removed from the site. This amendment will cause the entire block to
have the same B-3 zoning. A public street will separate adjacent residentially zoned areas.
During the review process, and prior to public notice, the applicant acquired additional
property. Revised maps were provided showing the updated area of the application. This staff
report reviews the enlarged area of the supplemented application.
Zoning Commission
The Zoning Commission held their public hearing on January 24th and recommends approval
of the requested zoning on a vote of 4-2. The recording of the hearing is available through the
City’s website. The discussion of this application begins at 56:30 in the recording. Oral and
written public comment was received. Public comment is available in the recording and in
the link below.
Alternatives
1. Approve the application and associated ordinance;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Public Comment
Received written public comment is available through the Laserfiche archive.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 3 of 23
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
Public Comment.................................................................................................................. 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
Zone Map Amendment ....................................................................................................... 8
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Spot Zoning Criteria ......................................................................................................... 18
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 20
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 23
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 4 of 23
SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 5 of 23
Map 2: Project Vicinity Map – with designations from
Bozeman Community Plan 2020 Future Land Use Map
Map 3: Project Vicinity Map with Existing Zoning designations
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 6 of 23
578
21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 7 of 23
Map 4: Survey map for the proposed Zone Map Amendment area showing existing parcels
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2021 W. Lamme Street Zone Map Amendment.”
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 8 of 23
All required documents must be returned to the City within 60 days of the City
Commission action to approve the amendment or the preliminary approval shall be null
and void.
2. That the applicant must submit a Zone Amendment map, titled “2021 W. Lamme Street
Zone Map Amendment”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office, and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Community Development Board acting in their capacity as Zoning Commission will
hold a public hearing on this ZMA on January 24, 2022 and will forward a recommendation
to the Commission on the Zone Map amendment. The meeting will be held using WebEx, an
electronic meeting system. The instructions for connecting to WebEx will be included on the
agenda available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on February 8,
2022. The instructions for meeting location and attendance will be included on the agenda
available at the City’s website, www.bozeman.net. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory board and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 9 of 23
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code. References in the text of this report to Articles, Divisions, or in the form
XX.XXX.XXX are to the Bozeman Municipal Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The application was initially submitted on August 25, 2021. On November
17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan
2020, (BCP 2020) which replaced the prior growth policy. The following review examines
the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to Chapter 3 discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 10 of 23
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
As shown in Section 1, on the excerpt of the current future land use map, the property is
designated as Traditional Core. The Traditional Core designation description reads:
“The traditional core of Bozeman is Downtown. This area exemplifies high quality urban
design including an active streetscape supported by a mix of uses on multiple floors, a
high level of walkability, and a rich architectural and local character. Additionally,
essential government services and flexible spaces for events and festivals support
opportunities for civic and social engagement. The intensity of development in this
district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued
evolution is necessary for long-term resilience. Challenges do exist, particularly around
keeping local identity intact, balancing growth sensitively, and welcoming more
transportation modes and residents. Underdevelopment and a lack of flexibility can
threaten the viability of the land use designation. Future development should be intense
while providing areas of transition to adjacent neighborhoods and preserving the
character of the Main Street Historic District through context-sensitive development.”
The entire future land use map is available through the Community Development Viewer on
the City’s website.
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpts from Table 4, the proposed B-3 district is an implementing district of the Traditional
Core designation. The full table is provided in Appendix C.
Based on the proposed B-3 zoning districts’ proper correlation with the future land use map
categories as an implementing district, the zone map amendment is in accordance with the
future land use map.
As noted in the Traditional Core description cited above, there are challenges in
implementing the continued expansion and development of the area designated as Traditional
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 11 of 23
Core. The Traditional Core description calls for intensive level of development with a floor
area ratio above 1. This is greater than the historic intensity of use of the site. Chapter 5,
BCP 2020, pp. 71-79 provides further direction on applying the zoning criteria. As part of the
proposed zoning being “in accordance” with the growth policy consistency with this more
this direction is also necessary. On p. 73 in discussion of how the criteria are applied it says:
“The City must balance many issues in approving urban development. Therefore, it is not
unusual if there is some tension between competing priorities, even if there is no explicit
contradiction of policy.” For further discussion of the application of the growth policy to the
zoning amendment criteria see the discussion under individual criteria below.
On p. 72 in discussion of justifications for adopting a zone map amendment four example
reasons are provided. These include
“c. Change in circumstances including the current zoning does not comply with the City’s
adopted Community Plan (i.e. its growth policy), policies within the Growth Policy have
changed, land is annexed, or infrastructure is newly available.
d. An owner requests the change and the request meets required standards.
For this application either or both justification is applicable as the current zoning and the
future land use map of the growth policy are not “in accordance” and the owner has
requested the change. This report evaluates the amendment criteria and finds that they have
been met.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. The zone map amendment is found to both be in accord with the
Bozeman Community Plan 2020 and implement the plan. Staff has found no conflict between
the proposed zone map amendments and the Bozeman Community Plan 2020 and have found
accordance between the amendment and the plan. Further, approval of the application may
implement the Bozeman Community Plan 2020 by acting to further the objectives of the plan.
The application materials cite several elements of the growth policy advanced by the proposal.
Approval of this proposal would be in accordance with or implement several goals and
objectives of the Community Plan, including:
Goal DCD-1: Support urban development within the City.
The requested B-3 district allows more development than the existing R-4 district. The site is
adjacent to other B-3 on two sides. B-3 is a zoning district with a more urban character than
R-4.
DCD-1.2 Remove regulatory barriers to infill.
The existing zoning on the site is R-4. This divides the block into two zoning districts of R-4
and B-3. The block meets the definition of infill from the growth policy. The split zoning
complicates the redevelopment of the site. The growth policy identifies the entire block as
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21356 Staff Report for the 2021 W. Lamme St. Zone Map Amendment Page 12 of 23
Traditional Core. The R-4 district is not an implementing district for the Traditional Core. The
requested change in zoning removes this inconsistency. Having the entire block zoned as B-3
removes requirements for internal transitions in height per 38.320.060 between different
districts. This simplifies the design process thereby removing a barrier to infill. The additional
three dimensional space allowed for development in B-3 compared with R-4 also supports
infill development.
DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development
or redevelopment, including evaluating possible development incentives.
The majority of the site is presently vacant. Although it had been developed, the homes had
decayed to the extent that they were removed for public safety. The site is substantially
underdeveloped. Bringing the zoning and future land use into harmony facilitates
redevelopment.
The Short Term Action list on page 63 of the BCP 2020 identifies a number of short term
actions to take to implement the growth policy. Items 1, 2, and 11 address various policies and
changes to the zoning map. Item 11 states “Revise the zoning map to harmonize with the future
land use map as noted in objectives N-1.3, N-2.1, N-2.2, EE-1.6, and RC-4.4.” As noted above,
the change in zoning harmonizes the future land use map and zoning maps.
The site is within the planning area of the Downtown Bozeman Improvement Plan (DBIP)
adopted in 2019. This is a neighborhood plan that further examines details of development. It
is also part of the growth policy. Beginning on page 54, the DBIP begins discussion of the
theme “More than Main Street.” This section discusses the places and processes to expand the
Downtown and associated B-3 zoning. The theme “Welcoming to Everyone” on pages 110-
111 discusses the mismatches between existing land uses, future land use map, and zoning map
and encourages correction of the inconsistencies. The BCP 2020 and DBIP are consistent that
the future land use map and zoning map should be in accord. The state law is clear that zoning
is to be “in accordance” with the growth policy. Therefore, if there is an inconsistency the
zoning should be amended.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building, zoning, and other land use requirements, which will ensure
this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
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adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, architectural
design, and other features of the City’s development standards also advance the general
welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of
the well-being of the community as a whole. See also Criteria B and D.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. For example, the sewer and park facility
plans are now in the process of being updated. The City updates 2-3 plans each year to keep
current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Dedication of school facilities
is not required by municipal zoning standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development/redevelopment is proposed. Adequacy of all these public requirements is
evaluated during the subdivision and site development process. All zoning districts in
Bozeman enable a wide range of uses and intensities. At the time of future subdivision or site
plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
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As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). The specific needs for
public requirements will be assessed during development review when the details of
development are known to ensure adequacy of public requirements. At this time, the facility
plans show services to the site.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-3 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and onsite open
space requirements, maximum building height, other requirements. The site is also located
with public streets on three sides which provide physical separation from adjacent
development and provide for access to light and air. The site has five parks between a quarter
and half mile from the site to provide recreational facilities.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks or an equivalent and on-site open spaces to meet needs of residents. The standards
provide a reasonable provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Criterion neutral. The site is bounded by N. 3rd Avenue, Lamme Street and Beall Street. All
are local streets and part of the existing street grid serving the larger area and connect to N 7th
and Main Street which are principal arterials. The requested change in zoning from R-4 to B-
3 will not immediately impact the motorized and non-motorized transportation systems as the
change does not authorize any actual construction. The specific future land uses and
intensity of development for the site are not yet known. However, the mix of residential and
commercial uses allowed under the proposed zoning is likely to provide a more central area
of economic activity and commercial uses, thus increasing future provision of goods,
services, and employment opportunities in close proximity to existing and future residences,
thereby reducing the number of trips into other areas of the City to meet the residents’ needs.
In any case, development of the property is required to comply with transportation-related
standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks,
and improvements to the transportation network. The site is well located for easy pedestrian
access to the Downtown and Midtown areas and the businesses and services located there.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51)
The City’s future land use map designates the properties as Traditional Core. This
designation is implemented by several zoning districts including the B-3 district proposed by
the applicant. The zoning districts were developed by the City to promote appropriate urban
growth compatible with the areas of the City as identified on the future land use map. B-3
exists on two sides of the site. Based on the land use map designation and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth. Any future development must comply with the building, site
design, and other standards adopted to avoid or mitigate impacts of development. This
supports compatible urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
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purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of the B-3 municipal zoning district to the subject property will
modify the allowed uses on the subject property. Much of the property is currently vacant. The
existing R-4 district provides mostly for a diverse range of housing types but allows some non-
residential uses as well. The small area of R-3 to the northwest of the site across the street also
allows for primarily housing. The B-3 district is primarily non-residential but also allows for
some types of housing. Currently, the block is divided roughly in half between B-3 and R-4
with the boundary following a property line. The City prefers to have district boundaries along
streets, water courses, or similar features. This provides both a readily visible boundary and
also physical separation between districts which lessens potential conflicts. The nature of the
area surrounding the site is B-3 to the east and south developed with offices or vacant; and R-
4 to the west and north developed with homes. The B-3 district does allow for a greater volume
of building onsite and has smaller setbacks than the R-4 district does. However, multi-story B-
3 uses have been in the vicinity for many years and so the character of the district includes
these types of uses.
It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides
a structured method to consider changes to the character. As discussed in Criterion A, there is
a mismatch between the zoning map and future land use map. R-4 is not an implementing
district for the Traditional Core future land use designation. Therefore, staff finds that the
amendment is consistent with the surrounding uses and the amendment improves accordance
with the growth policy and the amendment is consistent with the character of the area
surrounding the site. The adjacent properties have only used a small amount of the
development potential allowed with the existing R-4 and B-3 zoning. That is the privilege of
the landowners to choose that option. Their choice to not use the full potential does not restrict
other owners from making a different choice as discussed in pp. 76-77 of the BCP 2020.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
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development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-3 district to be compatible with adjacent development and the overall character of the
surrounding area. The amendment is an incremental change on the edge of the existing B-3
district and does not introduce new uses or development standards already present in the area.
I. Peculiar suitability for particular uses.
Criterion met. Detailed future uses for construction on the site are not finalized at this time.
However, the proposed B-3 district allows a greater range of non-residential uses than the R-
4 district.
The site appears suitable for urban development without constraints related to floodplains,
human-wildlife conflict, steep slopes or other hazards. The site has been developed and
provided with municipal services for many decades. The proposed B-3 district can support
many types of urban development that are likely to serve the immediate area as a result of its
location and proximity to residential areas to the north. As discussed in Criterion A, the
growth policy identifies the site at appropriate for the land uses described in the Traditional
Core future land use designation. Final determination of suitability for specific construction
will occur during the site development process.
The proximity of existing B-3 zoning to the east and south, designation of the site as
Traditional Core, and ready access to municipal utilities makes the site well suited to the
range of uses allowed in B-3.
J. Conserving the value of buildings.
Criterion met. There is only one building presently on the site. Looking at the available tax
data the value of the related parcel is considerably higher than the value of the building. The
owner of the building is also a participant in the application. Other buildings previously
located on the site were demolished due to poor condition and public safety concerns.
The values of surrounding buildings are unlikely to be impacted to a measurable degree as
the site is developed according to the proposed B-3 district. B-3 is already present adjacent to
this area and on the same block. The public streets provide a physical separation between the
proposed B-3 and existing residential development. The growth policy addresses this
criterion on p. 77. “Changes that increase opportunities on a property are unlikely to fail this
test.” The growth policy on p. 77 refers also back to the review of Criterion H, “Assertions
that allowing a more intensive zoning may lessen values on adjacent properties is best
addressed under the guideline regarding the character of the district.”
The growth policy in discussing Criterion H, Character of the District, states:
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“At a minimum, zoning boundaries should follow property boundaries. The greater the
physical separation, the less likely there may be a conflict. For example, a local street,
typically 60 feet wide, when combined with the standards for site development, is
generally considered an adequate separation—even for substantially different districts.”
Streets will provide physical separation from any non-B-3 zoned property. Considering the
factors identified above, staff finds this criterion to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the Bozeman Community Plan 2020 illustrates the most
appropriate use of the land through the future land use map. This application complies with the
BCP 2020 by proposing zone map amendments of districts that continue to implement the
future land use map designations. In this case, urban-scale residential and some mixed-use
development have been identified by the community as the most appropriate types of
development for the property. The Unified Development Code contains standards, protections
and review processes to ensure the land is developed in ways that are appropriate to a site’s
context and according to the BCP 2020.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To satisfy this criterion, the reviewer must demonstrate a
‘significant difference.’ As an example, in the Plains Grains LP case the change was from
Agricultural to Heavy Industrial; and in the Little case the zoning was commercial which
zoning was in conflict with the planned residential uses shown in the growth policy and
existing in the surrounding area.
The properties to the south and east of the application site are already zoned as B-3. This
application brings the balance of Block C into the B-3 zone. The property south of Lamme
Street is developed as offices as is a portion of the property to the immediate east. Housing
has been on the site previously and a home is still present. Offices and housing are both
principal uses in the B-3 district. Housing and offices are also allowed uses in the R-4 district
presently on the property although in different proportions. Housing is also present to the
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west and north of the application site. The proposed zoning change will allow more intensive
development of the site than the existing R-4. However, more intensive is not the same as
significantly different in use. With 50 percent of the perimeter of the site already adjacent to
B-3 Staff finds that the amendment is not significantly different from prevailing land uses in
the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. The application is submitted by one landowner. Division 38.260 Part 2
describes the process to request a zone map amendment and its review. Section 38.260.100
explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP
2020 also discusses the initiation of zone map amendments. On page 72, the needed
justification for a zone map change is discussed. It states that landowner preference, when
coupled with compliance with the criteria established in statute, is sufficient to justify an
amendment.
Both the BCP 2020 and the Downtown Bozeman Improvement Plan (DBIP) consider future
use for the area. The DBIP calls out the mismatch between the existing zoning and the future
land use map as a needed correction. The Short Term Action List from the BCP 2020
recommends the City take action to correct such mismatches. The amendment is directly
implementing the long range planning found to be in the best interest of the community as a
whole when the plans were adopted. Therefore, the change is to the general benefit of the
community as well as the applicant.
3. Would the change be in the nature of “special legislation” designed to benefit only
one or a few landowners at the expense of the surrounding landowners or the general
public?
Criterion not met. While only one landowner owns the property subject to the zone change,
there is no reason to believe this would come at the expense of surrounding landowners or the
general public. To the contrary, the BCP 2020 is an expression of the public’s desires for
different types and scales of urban development throughout the City. The proposed zoning
aligns with the BCP 2020, and therefore would be to the benefit of the general public. The
proposed amendment applies the same zoning district already in place on the eastern portion
of Block C.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
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BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on January 9, January 16, and January 30, 2022. Notice was sent via first class mail to adjacent
landowners on January 7, 2022 and posted on the property on January 7, 2022.
Received written public comment is available through the Laserfiche archive. Oral comments
are included in the recording of the Zoning Commission public hearing, link provided in the
Executive Summary.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations:
The property’s growth policy designations on the Future Land Use Map of the Bozeman
Community Plan 2020 (Growth Policy) is Traditional Core.
The traditional core of Bozeman is Downtown. This area exemplifies high quality urban
design including an active streetscape supported by a mix of uses on multiple floors, a high
level of walkability, and a rich architectural and local character. Additionally, essential
government services and flexible spaces for events and festivals support opportunities for
civic and social engagement. The intensity of development in this district is high with a
Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary
for long-term resilience. Challenges do exist, particularly around keeping local identity
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intact, balancing growth sensitively, and welcoming more transportation modes and
residents. Underdevelopment and a lack of flexibility can threaten the viability of the land
use designation. Future development should be intense while providing areas of transition
to adjacent neighborhoods and preserving the character of the Main Street Historic District
through context-sensitive development.
Proposed Zoning Designation and Land Uses:
The applicant has requested a zone map amendment to B-3 (Downtown Business District). The
following are the stated intent and purpose of this district:
The intent of the downtown B-3 business district is to provide a central area for the
community's business, government service and cultural activities with urban residential
development as an essential supporting use. The downtown B-3 district should be the area
of greatest density of development, intensity of use, and appropriate infill. Design standards
reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the
"core area" of the city's central business district, i.e., along Main Street from Grand to
Rouse and to the alleys one-half block north and south from Main Street. Lower volume
pedestrian uses such as professional offices may locate on ground floor space in the
downtown B-3 area outside the above-defined core.
The following figure from the BCP 2020, with a red box indicating the applicability of this
proposed ZMA, illustrates how the proposed B-3 district correlates with its Traditional Core
designation of the Future Land Use Map:
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Third and Long LLC, 2006 Stadium Drive, Ste. 101, Bozeman MT 59715
Applicant/Representative: Hennebery Eddy Architects, 109 N. Rouse Avenue, Bozeman MT
59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials are available through the City’s Community Development web viewer.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Riverside Annexation and Zone Map Amendment Establishing Initial Zoning
of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4
Residential High Density on Approximately 57.5 Acres Located North of the
E. Gallatin River and on Either Side of Spring Hill Road, Application 21-426
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21426 and move to recommend
approval of the Riverside Annexation Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:Annexation and initial zoning of all of Riverside Manor Subdivision, Riverside
Greens Subdivision and Tract 1, Tract 2, and Tract 3 of Certificate of Survey
No. 3030 and associated right of way located in portions of Sections 23, 25,
and 26, Township 1 S, Range 5 E, Principle Meridian, Gallatin County,
Montana.
The property is fully developed and is mostly homes but also includes the
main buildings for the Riverside Country Club. The applicants have requested
three different zoning districts to match the existing character and uses of
the property. The Zoning Commission recommends approval of the
requested zoning. See the attached staff report for further information.
The application materials are available in the City’s Laserfiche archive. No
public comments have been received as of the preparation of these
materials. Should written public comments be received they will be included
in the City’s public comment Laserfiche archive and available to the public.
The Zoning Commission recommends in favor of the requested zoning.
The action of the City Commission is to complete the annexation process by
adoption of Resolution 5355 which has a delayed effective date to allow
596
wrap up of payment of fees. The effective date of Ordinance 2096 will be
coordinated with the effective date of the resolution of annexation.
UNRESOLVED ISSUES:None
ALTERNATIVES:See attached staff report
FISCAL EFFECTS:See attached staff report
Attachments:
21426 Riverside Properties Annx-ZMA SR CC final.pdf
Resolution 5355 Riverside Annexation final.pdf
Resolution 5355 Exhibits A&B.pdf
Riverside Annexation Extension of Servcies Plan 1.28.2022
21426.pdf
Ordinance 2096 Riverside ZMA 21426.pdf
Ordinance 2096 Zoning Exhibit Map.pdf
Report compiled on: January 27, 2022
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Page 1 of 30
21426 Staff Report for the Riverside Annexation and Zone Map Amendment
Public Hearing: Zoning Commission meeting is on January 24, 2022
City Commission meeting is on February 8, 2022
Project Description: Annexation of approximately 57.5 acres and amendment to the City
Zoning Map for the establishment of a zoning designation of R-1 Low Density
Residential, R-2 Moderate Density Residential and R-4 High Density Residential
Districts.
Project Location: All Riverside Manor Subdivision, Riverside Greens Subdivision and
Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right
of way located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E,
Principle Meridian, Gallatin County, Montana, and more generally located just north
of the East Gallatin River and on either side of Springhill Road.
Recommendation: Meets standards for approval
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21426 and move to recommend approval
of the Riverside Annexation Zone Map Amendment, with contingencies required to
complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
21426 and move to adopt Resolution 5355 the Riverside Annexation, subject to
satisfaction of all terms including payment of system development / impact fees
assessable under Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21426 and move to provisionally adopt Ordinance
2096 the Riverside Annexation Zone Map Amendment.
Report: January 25, 2022
Staff Contact: Chris Saunders, Community Development Manager
Lance Lehigh, Interim City Engineer
Agenda Item Type: Action - Legislative
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21426 Staff Report for the Riverside Annexation and Zone Map Amendment Page 2 of 30
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. The application materials are available in the City’s Laserfiche archive and may be
access through the Community Development viewer as well. No public comments have been
received as of the writing of this report. Should written public comments be received they
will be included in the City’s Laserfiche archive and available to the public.
Unresolved Issues
None known.
Project Summary
In December 2011, the Montana Department of Environmental Quality (Department)
inspected the Riverside County Water and Sewer District No. 310 (District) wastewater
facilities. The Department found deficiencies and directed their correction. In 2014, the City
Commission considered a request from the District to enter into an interlocal agreement for
the District to connect to the City's wastewater system. The City Commission determined
that annexation was a necessary part of any such agreement. In 2018, the District and the
City renewed discussions regarding an interlocal agreement.
On January 28, 2019, the City Commission adopted Resolution 4972 stating the conditions
necessary for the City Commission to consider annexation of property located within the
District. There are 12 terms and conditions included in the resolution. The first is submittal of
a petition for annexation. The required petition and supporting materials has been submitted
with the application for annexation and zoning.
This annexation is unusually complex in that it is for many properties and not all affected
property owners have signed the petition. Title 7, Chapter 2, Part 46 MCA allows for a
petition for annexation submitted by less than 100% of property owners to be submitted and
processed (see attachment). With the large number of property owners and less than 100%
petitioners the use of an Extension of Services Plan in place of an Annexation Agreement is
needed to address how municipal services will be delivered. This option is specifically
allowed under 7-2-4610, MCA.
A resolution of intent, Resolution 5354, to consider annexation of the property was adopted
by the City Commission on December 14, 2021.
The property is fully developed and is mostly homes but also includes the main buildings for
the Riverside Country Club. The applicants have requested three different zoning districts to
match the existing character and uses of the property.
Due to the unique circumstances of utility service provision for this annexation; and so many
individual ownerships of property, the City is using the Extension of Services Plan option to
meet state law requirements for review of annexation. An interlocal agreement was also
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entered into with the Riverside Water and Sewer District on December 14, 2021 addressing
certain provision of services. These are addressed in further detail in the extension of service
plan and the criteria below.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or
mitigate possible negative impacts are incorporated in many locations in the municipal code
but are principally in Chapter 38, Unified Development Code. References in the text of this
report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Zoning Commission
After conducting the required public hearing the Zoning Commission recommends approval
of the zoning as requested by the applicants on a vote of 6-0. The video recording of the
hearing is available through the City’s website as part of the Jan. 24th Community
Development Board. The discussion of this item began at 11:45 minutes into the recording.
No public comment was received on this action.
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - TERMS OF ANNEXATION ............................................................................ 9
SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT ...................................... 9
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
Annexation .......................................................................................................................... 9
Zone Map Amendment ....................................................................................................... 9
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16
Spot Zoning Criteria ......................................................................................................... 24
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 25
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 26
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 27
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 27
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 30
FISCAL EFFECTS ................................................................................................................. 30
ATTACHMENTS ................................................................................................................... 30
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SECTION 1 - MAP SERIES
Project Vicinity Map – Annexation and zoning amendment area indicated by black hatched area.
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Project Vicinity Map showing Future Land Use designations from the Bozeman Community Plan 2020
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Project Vicinity Map – Showing adjacent municipal zoning
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Map of Existing County Zoning and Requested Municipal Zoning
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SECTION 2 - TERMS OF ANNEXATION
On January 28, 2019, the City Commission adopted Resolution 4972 stating the conditions
necessary for the City Commission to consider annexation of property located within the
District. There are 12 terms and conditions included in that resolution. Completion of the
earlier items is being verified and are mostly satisfied. The City will collect system
development / impact fees assessable at the time of annexation.
Terms of annexation are typically identified for inclusion in an annexation agreement. As
noted in the executive summary, the City has chosen to use an Extension of Service Plan for
this application. Terms of annexation to be in an annexation agreement are therefore not
applicable.
SECTION 3 -CONTINGENCIES OF ZONE MAP AMENDMENT
No contingencies are recommended with this application. All necessary steps have been
completed and Ordinance 2096 will be presented for provisional adoption by the City
Commission at their Feb. 8th meeting. Should the annexation not be approved first the zoning
amendment will not be approved.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on February 8, 2022. The
meeting will begin at 6 p.m. Information on how to attend the meeting will be included on
the agenda posted at City Hall and online at Bozeman.net
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Riverside Annexation Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses are
predicated on approval of the annexation, application 21426.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
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The Zoning Commission will hold a public hearing on this ZMA on January 24, 2022 and
will forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the annexation and the zone map
amendment on February 8, 2022. The meeting will begin at 6 p.m. Information on how to
attend the meeting will be included on the agenda posted at City Hall and online at
Bozeman.net
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion met. The property in question is contiguous to the City limits on its southern tip
through the right of way for Springhill Road. State law requires annexation of adjacent public
right of way. Exhibit B to Resolution 5355 includes the right of way and makes the Riverside
Annexation contiguous to the City.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion neutral. The subject property is not totally surrounded.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion neutral. The subject property is not presently contracting for services. Access to
sanitary sewer is the motivation for the annexation. See Goal 4.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion met. The subject property lies a small distance north of the City’s water
reclamation facility. The City and District have entered into an interlocal agreement for the
City to provide sewer service to the Riverside area. Annexation is a requirement to execution
of this agreement. The area being annexed is already developed. The Riverside area is
included within the City’s utilities planning areas as shown in the respective facility plans.
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Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion met. The subject property is located within the area included in the future land use
map in the Bozeman Community Plan 2020. The residential portion of the area is shown as
Urban Neighborhood. The Riverside Country Club area is shown as Parks and Open Lands.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion met. The subject property is an unusually shaped annexation. This reflects its
character of development from initial platting in 1969 and replatting of a portion in 1978
(Riverside Greens). The property is an irregular extension given the unusual shape. However,
the location does not leave an unannexed gap between unannexed areas or create islands. The
property has a small portion contiguous to the existing City limits. The unannexed areas
adjacent east and west to the subject area are the fairways of the Riverside Country Club. The
E. Gallatin River passes through or adjacent to unannexed areas.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion neutral. The subject property is already developed with local streets from prior
subdivisions. These streets are maintained by Rural Improvement District 308. This
maintenance obligation does not change with annexation. Springhill Road provides the
primary access and crosses through the annexation area south to north. Springhill Road is
State Route 411 which is maintained by the MT Department of Transportation. Springhill
Road is classed as a minor arterial street in the City’s 2017 Transportation Master Plan.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion met. The subject property is approximately 57.5 acres and larger than the minimum
size.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion met. The subject property is within the Riverside Water and Sewer District. The
interlocal agreement between the City and the District provides for the District to continue to
provide water services to the area. Therefore, there is not a demand on the municipal water
system to be mitigated. Therefore, the City is not seeking water rights which mitigate impacts
from new connections to the municipal water system. See Policy 8 for further discussion.
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Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion met. The annexation was initiated to gain access to the City’s sewer treatment
system. As identified in the Executive Summary, annexation is a required step to gain access.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion met. Public streets and highways already serve the area. No further right of way is
being requested with this annexation. Waivers of right to protest creation of a special
improvement district to construct sewer improvements and road improvements were
provided as part of the petition for annexation. Sufficient waivers have been received to
enable the improvements to be constructed. Easement for construction of expected necessary
connections for sewers have been provided with the annexation application. See page 2 of the
petition for annexation for the list of subject matter for which waivers were granted.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion met. The annexation application includes a request for zoning.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion met. The property is designated “Urban Neighborhood” for the residential areas
and “Parks and Open Space” for the country club. No growth policy amendment is required.
See Zoning Criterion A below.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
Criterion met. The property proposed for annexation has requested R-1, R-2, and R-4 zoning.
The necessary public hearing before the Zoning Commission is scheduled for January 24,
2022 and a recommendation will be forwarded to the City Commission before action. Action
on the annexation and the zoning are both scheduled for the same City Commission meeting
on February 8, 2022.
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Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. Section 38.300.020.C of the Unified
Development Code states: “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion met. The applicant has requested has requested R-1, R-2, and R-4 zoning. See
Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion met. Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion met. Primary access is provided by Springhill Road a state maintained route.
Springhill Road and the local roads connecting to it and servicing the annexing area are all
paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion met. The City has entered into an interlocal agreement with the Riverside Water
and Sewer District. In that agreement the City accepts that Riverside will continue to operate
the existing water system within the annexing area. Since this is the case, there is no
additional demand for municipal water resulting from the annexation. Therefore, the
provisions of 38.410.130.B.4 are met and no water rights are required with this annexation.
“B. Compliance with this section is triggered if the estimated increase in annual
municipal water demand attributable to the development exceeds 0.25 acre-feet after
accounting for the following items as they relate to the development:
1. Current average annual municipal metered water demand;
2. Water demand offsets from a prior payment of cash-in-lieu of water rights;
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3. Water demand offsets from a prior transfer of water rights into city ownership, and;
4. Water demand offsets from an existing water adequacy agreement or similarly
purposed document.”
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion met. The site lies within the E. Gallatin River Drainage Basin in the City’s
wastewater facility plan. No crossing of drainage basin boundaries is required to provide
service. The City’s Water Reclamation Facility has adequate capacity to serve the annexing
area. As noted above, no water service will change with annexation. The Fire Department has
determined that adequate fire flow can be provided by the current water system.
The City’s emergency services departments have considered the annexation and can provide
adequate services. The annexing area is currently served by the Gallatin County Sheriff’s
office and Central Valley Fire Department. As required by state law, the City will assume the
responsibilities for the bond debt service attributable to this annexing area related to the
Central Valley Fire Department after annexation.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion met. City services have been requested and the annexation process is underway.
No City services are currently provided. This criteria also relates to an emergency connection
prior to the completion of the standard annexation process. No emergency connection is
requested.
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Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion met. A map adequate for the completion of the annexation process has been
submitted.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Criterion met. The interlocal agreement between Riverside Water and Sewer District and the
City provides for immediate payment of fees for fire and sewer services as there will be new
demand for those services as a result of the annexation. No water connection is proposed
therefore no fee is due at this time. The property has been using the transportation system for
many years and annexation does not represent new demand on the transportation system,
therefore, transportation impact fees are not applicable at this time. The annexation process,
including discussion under this criterion provides notice of obligations to pay impact fees for
future development at times of triggers as required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Criterion met. Notices of the public hearing have been sent via mail, published in the
Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix
B for further information.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion neutral. This annexation is using the Extension of Services Plan option in state law
to address provision of services as authorized in 7-2-4610, MCA. Therefore, no annexation
agreement will be used and this criterion is not applicable.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion met. This annexation is being processed under Part 46 provisions. Per 7-2-4609,
MCA, when Part 46 provisions are used those and only those provisions are applicable to the
annexation.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
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district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Criterion met. A road improvement district, number 308, is in effect. The RID will continue
after annexation.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion met. The necessary agencies were notified on December 17, 2021 by email of the
application and review of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion met. Upon annexation the area will receive fire and police services, have access to
the library and recreation facilities as residents of the City, and other general governmental
service access. Connection to sewer service is the driving factor for the annexation. Due to
the size of the annexation and the complexity of connecting many properties immediate
connection to sewer services is not feasible. Upon completion of annexation the City and
Riverside Water and Sewer District will begin the process to design and construct the
necessary improvements to provide sewer services. See the interlocal agreement, consent
item G.3 on the December 14, 2021, City Commission agenda for further details.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
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In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan 2020 (BCP 2020) was adopted in November
2020. It is the latest edition of the City’s growth policy and replaces all prior editions. The
BCP 2020 includes a future land use map as well as goals and policies.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to Chapter 3 discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
As shown in Section 1 of this report, the future land use designations for the amendment area
are Urban Neighborhood and Parks and Open Lands. The entire future land use map is
available through the Community Development Viewer on the City’s website.
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The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the proposed R-2 and R-4 districts are explicitly stated as
implementing districts of the Urban Neighborhood designation. The full table is provided in
Appendix C.
Table 4 shows designated implementing districts. The growth policy must also be read,
understood, and applied as a whole. The Park and Open Lands designation shows PLI as the
presumed implementing zoning district. Parks are an allowed use in all zoning districts.
Larger areas are often established as Public Lands and Institutions zoning district. Not all
Parks and Open Lands designated areas are publicly owned. The description of the Parks and
Open Lands designation follows.
The Riverside Country Club conforms to the description of this future land use designation
being recreational lands but privately owned, open in character, and developed for active
recreational purposes. Golf courses are allowed in the R-1 district as shown in Table
38.310.030.B. The R-1 district is the only zoning district where golf courses are an allowed
use. The Riverside Country Club is a long established use. Annexation of the property does
not require a change in operation of the facility. The requested R-1 is the best available fit
between the future land use map and associated designation description and zoning districts.
Therefore, the requested R-1 designation for the Riverside Country Club is in accordance
with the future land use map.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. Staff has found no conflict between the proposed zone map
amendments and the Bozeman Community Plan 2020 and have found accordance between the
amendment and the plan. Further, approval of the application may implement the Bozeman
Community Plan 2020 by acting to further the objectives of the plan.
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Unlike many zone map amendment requests, the area affected by this action is already fully
developed and the owners are seeking to maintain the status quo after annexation rather than
increase development potential. As described in the Executive Summary, the failure of the
District sewer facilities is the impetus for this application. The amendment request is a part of
the annexation process. The intent of the requested zoning is to establish zoning consistent
with the existing uses on the annexing property.
The substantive change of the application then is to establish municipal zoning. Annexation
and the associated zoning are supported in the growth policy. Approval of this proposal would
be in accordance with or implement several goals and objectives of the Community Plan,
including but not limited to:
“R-1.6 Be redundant: spare capacity purposefully created to accommodate disruption.”
The City’s long range planning for sanitary sewer and careful execution of the plan has
provided available capacity in the water reclamation facility. The connection of the buildings
in the annexation area to the municipal sewer facilities enables the City use the available
capacity to respond to the disruption caused by the failure of the Riverside sewer system.
This minimizes disruption to many landowners.
“R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential for
economic benefit to the investor and the broader community both through direct and indirect
returns.”
As noted above, the City has designed and built its sewer system with available capacity for
growth. Connection to the municipal system is a least cost solution compared with building
and operating a separate modern treatment system by Riverside adequate to meet water
quality and public sanitation standards.
“R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to
build on existing efforts.”
As noted above, the City is leveraging long standing utility planning to support the
annexation of the Riverside area. Future design for specific facilities can also be done
consistent with utility plans so any future development within or adjacent to the Riverside
area may also be served. Annexation and connection to sewer removes a pollution source to
the E. Gallatin River and groundwater. This benefits the overall community in public health
and improved permitting circumstances for future expansion of the municipal sewer system.
“DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.”
As noted above annexation of the Riverside area, municipal zoning, and connection to the
City’s sewer system is a least cost approach to solving a failed sanitary sewer system. A
coordinated approach to provide a function sewer system lessens disruption to the public by
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reducing the amount of construction, avoiding restriction on use of property, and reduces
total construction and operational costs.
“DCD-2.6 Evaluate and pursue joint mitigation of development impacts across multiple
developments.”
A single common connection to the City’s sewer system mitigates impacts from two
subdivisions and the country club site. This simplifies management and operations and
reduces costs to existing owners.
“EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors.”
The E. Gallatin River is a key watercourse in the Bozeman area. The river is currently being
polluted by the failed Riverside sewer system. Connection to the municipal system will
remove pollutants thereby greatly reducing impacts on the river and improving water quality
downstream which will benefit both wildlife and humans.
Based on the above findings, staff concludes the proposed zone map amendment is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion met. The subject property can be served by City of Bozeman Fire and Police
Departments. The Fire Department has reviewed the existing water system and finds it
sufficient for service. Any future development of the property will be required to conform to
all City of Bozeman public safety, building, zoning, and other land use requirements, which
will ensure this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met.
Adequate water and sewer supply and conveyance provide for public health through clean
water. Rapid and effective emergency response provides for public safety. The City’s
standards ensure that adequate services are provided prior to building construction which
advances this criterion. General welfare has been evaluated during the adoption of Chapter
38 and found to be advanced by the adopted standards. Provision of parks, control of storm
water, architectural design, and other features of the City’s development standards also
advance the general welfare. Compliance with the BCP 2020 as described in Criterion A,
shows advancement of the well-being of the community as a whole. See also Criteria B and
D.
Connection to the municipal sewer system after annexation will reduce pollution to the E.
Gallatin River and ground water. This advances all three elements of this criterion.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
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Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the City’s
long range facility Plans, the City’s capital improvements program, and development
standards adopted by the City. The standards set minimum sizing and flow requirements,
require dedication of parks, provision of right of way for people and vehicles, keep
development out of floodplains, and other items to address public safety, etc. It is often
difficult to assess these issues in detail on a specific site.”
For this application, the site is fully developed already. Therefore, the City has a good
understanding of the needed facilities. Streets, parks, and water systems are already in place
and will continue after annexation. Road maintenance is provided with RID 308 which will
also continue after annexation.
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The City updates 2-3 plans each year to
keep current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Since this site is already
developed and has been for many years school facilities are already constructed to serve the
area.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans have for many years shown this property as having eventual City
services. The City reviewed the on-site circumstances preparatory to passing Resolution 4972
and has determined that adequate services can be provided.
For future development, as stated in 38.300.020.C below, the designation of a zoning district
does not guarantee approval of new development until the City verifies the availability of
needed infrastructure.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map
indicates a judgment on the part of the city that the range of uses allowed within that district
are generally acceptable in that location. It is not a guarantee of approval for any given use
prior to the completion of the appropriate review procedure and compliance with all of the
applicable requirements and development standards of this chapter and other applicable
policies, laws and ordinances. It is also not a guarantee of immediate infrastructure
availability or a commitment on the part of the city to bear the cost of extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
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infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). In this case, a waiver of
right to protest creation of a special improvement district to fund construction of the needed
sewer improvements was included with the petition to annex from the landowners. The
specific needs for public requirements will be assessed during development review when the
details of development are known to ensure adequacy of public requirements. At this time,
the facility plans show services as appropriate to extend to the site.
Staff finds that adequate services either exist or can be provided to the area of the zone map
amendment.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The three requested zoning districts provide
adequate light and air through the Bozeman Unified Development Code’s standards for park
and onsite open space requirements, maximum building height, other requirements. The
existing buildings on the site were developed under other zoning which required larger
setbacks and lot sizes than currently required by the City. The adjacency of developed lots in
this area to the golf course and parks ensures a greater degree of openness than normally
experienced. This adjacency will not be changed by the zoning.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks or an equivalent and on-site open spaces to meet needs of residents. The standards
provide a reasonable provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion neutral. The Riverside Manor and Riverside Greens subdivisions were platted over
40 years ago. They are developed with homes. The change in annexation status and zoning
will not meaningfully alter likely development. Local streets are in place and functioning to
service the subdivisions. Springhill Road is a long standing State route and services a large
area north of Bozeman. The Riverside Country Club has direct access to Springhill Road.
The Montana Department of Transportation maintains and controls design of Springhill
Road. The change in zoning does not require MDT to change the road design.
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G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (BCP 2020, p. 51)
The City’s future land use map designates the properties as Urban Neighborhood and Parks
and Open Lands. These designations are implemented by several zoning districts including
the districts proposed by the applicant. The zoning districts were developed by the City to
promote appropriate urban growth compatible with the areas of the City as identified on the
future land use map. Based on the land use map designation and correlated zoning districts in
the plan and proposed by the applicant, the zone map amendment would promote compatible
urban growth. See discussion under Criterion A. The proposed zoning is being applied to
existing development which conforms to the allowed uses in the requested districts. As
existing development is being annexation impact on urban growth is limited. Any future
development must comply with the building, site design, and other standards adopted to
avoid or mitigate impacts of development. This supports compatible urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Criterion neutral. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to
carry out the purposes [promoting health, safety, morals, or the general welfare of the
community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a rural individual home with agricultural
buildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it
provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
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variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The proposed zoning of R-1 (Riverside Country Club developed as golf course), R-2
(Riverside Manor developed primarily as single detached homes), and R-4 (Riverside Greens
developed as townhomes and multiple home buildings) matches well the existing development
character. The proposed zoning largely keeps the status quo as requested by the petitioners and
applicant. See discussion in Criteria A and G above.
I. Peculiar suitability for particular uses.
Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing
development. The applicants are seeking annexation for access to municipal sewer, not to
expand development capability. The site is peculiarly suitable for the long standing existing
uses to continue.
J. Conserving the value of buildings.
Criterion met. As stated in Criterion H, the proposed zoning matches well with the existing
development. The applicants are seeking annexation for access to municipal sewer, not to
expand development capability as is often the case with annexation. Placing zoning that is
consistent with the existing uses avoids potential impact to building values. Being annexed
with access to a sewer system compliant with regulatory permitting avoids possible injury to
building values.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the Bozeman Community Plan 2020 illustrates the most
appropriate use of the land through the future land use map. This application complies with
the BCP 2020 by proposing zone map amendments of districts that continue to implement the
future land use map designations. See Criterion A above. The Unified Development Code
contains standards, protections and review processes to ensure the land is developed in ways
that are appropriate to a site’s context and according to the BCP 2020 if portions of the site
are redeveloped in the future.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
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conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
1. Is the proposed use significantly different from the prevailing land uses in the area?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’ As an example, in the Plains Grains LP case the change was from Agricultural to
Heavy Industrial; and in the Little case the zoning was commercial in conflict with the
planned residential uses shown in the growth policy and existing in the surrounding area.
The existing uses on the ground are all authorized uses in the respective districts. As
discussed in Criterion H, the proposed zoning conforms to the existing character of the area
and prevailing land uses. Therefore, there is no significant difference to the prevailing land
uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. There are over 130 properties in the area to which municipal zoning is
being established. As discussed in the criteria above, the proposed zoning is in accordance
with the growth policy and maintains the status quo of the existing development. All the
properties within the proposed zoning benefit from stable land use regulations. As discussed
in Criterion D and elsewhere in this report connection of this area to municipal sewer is a
benefit to the area being zoned and will benefit the community.
3. Would the change be in the nature of “special legislation” designed to benefit only
one or a few landowners at the expense of the surrounding landowners or the general
public?
Criterion not met. The districts to be applied are standard and used throughout the
community. No special exceptions in the zoning are being enacted with these amendments.
The implementing districts are consistent with the growth policy, see Criterion A. The
majority of landowners within the area to be zoned have requested the zoning districts. The
landowner of all the property adjacent to the proposed zoning, the Riverside Country Club, is
also a party to the requested districts. The golf course provides a physical separation to other
property owners further away from the amendment area. The existing development patterns
will remain intact with the new zoning districts. Therefore, there should be no discernable
impact on adjacent land owners or the general public.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
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AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
There are 12 properties located within the 150 foot boundary established by the State of
Montana. Three qualified protests from owners adjacent to the application would be required
to trigger the supermajority requirement of state law.
There are 139 individual tracts within the annexation area. The protest option for within the
amendment area is determined by the total percentage of the area being zoned. A successful
protest from within the zoning area would require a combination of owners controlling at
least 25% of the total area to submit qualified protests. Whether this can be achieved cannot
be determined until after the public hearing is closed.
No protests have been received as of the writing of this report.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
See the executive summary, the City Commission video recording and packet materials item
G.3 for December 14, 2021 for information on the adoption of the interlocal agreement, and
the City Commission video recording and packet materials item H.1 for January 28, 2019 for
information on the adoption of Resolution 4972 stating conditions necessary for the City to
consider annexation.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the public hearings was provided by publication in the Bozeman Daily Chronicle
on January 9, 16, and 20, 2022. Notice was further provided by posting on site and mailing
first class to all landowners within the zoning area and within 200 feet of the zoning area.
These notices occurred on January 7, 2022. Notice was provided at least 15 and not more
than 45 days prior to the public hearings.
No public comments have been received as of the writing of this report. Should written
public comments be received they will be included in the City’s Laserfiche archive and
available to the public.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” and “Parks and Open Lands” in the
Bozeman Community Plan.
1. URBAN NEIGHBORHOOD.
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation
indicates that development is expected to occur within municipal boundaries. This may
require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to, proximity
to commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
8. PARKS AND OPEN LANDS.
All recreational lands, including parks, are included within this category, as well as certain
private lands. These areas are generally open in character and may or may not be developed
for active recreational purposes. This category includes conservation easements or other
private property which may not be open for public use.
Proposed Zoning Designation and Land Uses:
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The applicant has requested zoning of R-1, Residential Low Density, R-2, Residential
Moderate Density, and R-4 Residential High Density in association with the annexation of
the property. The intent of the residential zoning districts is established in 38.300.100 of the
Bozeman Municipal Code.
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (see below for the Table)
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: There are many owners. See the application materials.
Applicant: Gene Gaines, 17 Riverside Drive, Bozeman MT 59715
Representative: DOWL, 1283 N. 14th Avenue, Ste. 101, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are also
available through the City’s web viewer.
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Page 1 of 5
RESOLUTION NO. 5355
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN TRACTS OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF
BOZEMAN SO AS TO INCLUDE SAID TRACTS TOTALING 57.867 ACRES, KNOWN
AS THE RIVERSIDE ANNEXATION, APPLICATION 21426.
WHEREAS, the City of Bozeman received a petition for annexation requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include an area of land
containing approximately 57.5 acres, located north of the East Gallatin River and on both sides of
Springhill Road; and
WHEREAS, the petition was submitted by a majority of landowners in the Riverside
Manor Subdivision, Riverside Green Subdivision, and Tract 1, Tract 2, and Tract 3 Of Certificate
Of Survey No. 3030, requesting the City Commission to extend the boundaries of the City of
Bozeman; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on February
8, 2022; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
February 8, 2022; and
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WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, the provision of available services to said tracts as described is the subject
of an Extension of Services Plan and Interlocal Agreement; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these
tracta is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, be annexed to the City of Bozeman and that the boundaries of said
City shall be extended so as to embrace and include such approximately 57.867 acres, to wit:
Legal Description Parcels of land being:
Those portions of Sections 23, 25, and 26, in Township 1 S. Range 5 E., Principle Meridian of
Montana, in Gallatin County, Montana, more particularly described as follows:
Lots 1 through 9, inclusive, of Block 1 of Riverside Manor Subdivision; the Park in between Block 1 and Riverside Drive of Riverside Manor Subdivision; Lots 1 through 50, inclusive, of Block 2 of Riverside Manor Subdivision; Lot 4 of Block 4 of Riverside Manor Subdivision; the platted rights of way for Riverside Dr., Park Plaza Rd., and Gallatin Dr. of Riverside Manor
Subdivision; remaining platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36;
Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, as shown on Document No. 2698796;
The tract of land dedicated parkland and access from the Park to Gallatin Dr. as shown on
Certificate of Survey No. 674, film 48, page 2014;
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Resolution 5355, Riverside Annexation
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Lots 101A, 101B, 101C, and 101D of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-A;
Lots 102 A-1, 102 B-1, 102 C-1, and 102 D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-K;
Lots 105A-1, 105B-1, and 105C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-E;
Lots 105E-1 and 105F-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat
J- 57-M;
Lots 107A-1, 107B-1, and 107C-1, of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-L;
Lots 109A, 109B, 109C, and 109D, of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57;
Lots 1 through 4, inclusive, of the Amended Plat of a Portion of Block 4 of Riverside Manor Subdivision as shown on plat G- 36-C;
Lots 112 A-1, 112 B-1, and 112C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-G;
Lot 112D-1A of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-I;
Lots 113A-1, 113B-1, 113C-1, and 113D-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-F;
Lots 114A-1, 114B-1, and 114C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-H;
Lots 116A-1, 116B-1, and 116C-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-N;
Lots 1A and 1B of the Riverside Manor Subdivision Plat Amendment as shown on plat No. G-36-B;
Lots 2A-1, 2B-1, and 2C-1 of the Amended Subdivision Plat of Riverside Greens as shown on
plat J- 57-D;
Lots 3A-2, 3B-1, and 3C-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-P;
Lots 5A-1, 5B-1, 5C-1, and 5D-1; together with the access area added to the existing access tract, all on the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-O;
Lots 7A-1, 7B-1, 7C-1, and 7D-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-C;
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Resolution 5355, Riverside Annexation
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Lots 8A-1, 8B-1, 8C-1, and 8D-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-J;
Lots 10A, 10B, 10C, and 10D of the Amended Subdivision Plat of Riverside Manor as shown on plat G-36-D;
Lots 11A, 11B, 11C, and 11D of the Amended Subdivision Plat of Riverside Greens as shown on plat J-57;
And the right of way of Springhill Rd, beginning at the projected northerly line of Tract 2 of
Certificate of Survey No. 3030 and continuing south, ending at the projected southerly line of Tract 1 of Certificate of Survey No. 3030;
Containing 2,501,989 square feet.
And
Beginning at the northeast corner of Tract 2, Certificate of Survey 473E;
thence bearing N 2-38-20.000 W a distance of 65.920 ;
thence bearing N 2-38-20.000 W a distance of 155.260 ;
thence bearing N 87-45-9.000 E a distance of 84.706 ;
thence bearing S 2-14-51.000 E a distance of 224.455 ;
thence bearing N 89-58-54.000 W a distance of 78.770 ;
thence bearing S 89-52-23.000 W a distance of 4.490 to the point of beginning;
Containing 18,710 square feet more or less.
A total of 57.867 acres, All as depicted on the RIVERSIDE Annexation Map Exhibits A and B.
Section 2
The effective date of this annexation is five business days after completion of term 10 of
Resolution 4972 addressing payment of impact fees.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 8th day of February, 2022.
___________________________________
CYNTHIA L. ANDRUS Mayor ATTEST:
___________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM: _________________________________
GREG SULLIVAN
City Attorney
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CITY OF BOZEMAN
EXTENSION OF SERVICES PLAN AND REPORT FOR
RIVERSIDE ANNEXATIONS
February 8, 2022
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City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 1 of 25
City of Bozeman Extension of Services Plan and Report
For Riverside Annexation
TABLE OF CONTENTS
INTRODUCTION 2
STATUTORY REQUIREMENTS 2
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY 3
AND CITY FACILITY PLANS
MUNICIPAL PLANNING AREA 3
Economic Conditions and Trends 3
Physical Growth Trends 4
Impediments to Growth 4
Growth Stimulants 6
Prevailing Growth Patterns 6
EXTENSION OF CITY SERVICES 9
DETERMINATION OF ADEQUATE PUBLIC FACILITIES 19
AREA PLAN 24
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City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 2 of 25
INTRODUCTION
Title 7, Chapter 2, Part 46 MCA provides a method for annexation by petition of landowners.
The provisions of Part 46 and no others apply. The provision of services may be addressed under
Part 46 either by a mutual agreement between the landowner and the City or through an
Extension of Services Plan.
The Plan serves the following objectives:
• Ensure the efficient use of public infrastructure and tax revenue through compact,
orderly, safe, and efficient growth;
• Meet Montana statutory requirements for the extension of services plan and report for
the annexation of lands into the City;
• Provide policies for the extension of municipal services including identifying methods
of financing and extending municipal services and the party or parties responsible
therefore; and
• Provide a framework, in concert with the City’s adopted Strategic Plan, and other plans
of the City including, among others, the City of Bozeman’s Growth Policy (Community
Plan), the Wastewater Collection Facilities Plan, the Water Facility Plan, the Integrated
Water Resources Plan, the Greater Bozeman Area Transportation Master Plan, the Parks,
Recreation, and Open space Plan, the City’s Stormwater Facilities Plan, and its Fire and
EMS plans, as well as the City’s Economic Development Plan.
This Plan incorporates all currently adopted and any future adopted City plans for City
infrastructure and services.
STATUTORY REQUIREMENTS
As required by Montana law, the City must demonstrate how services will be provided to areas
the City proposes to annex. Specifically, the City must provide a plan for the extension of services.
This Plan must anticipate the services needed for a minimum of five years into the future and
must include the availability of water, sewer, storm drainage, solid waste disposal, streets,
police protection and fire protection, among others.
If the City determines it is necessary to extend streets, water, sewer, or other municipal services
such as parks and recreation, lighting, tree maintenance and sidewalk/trails into an area to be
annexed, an area plan must be adopted by the City Commission that, when considered in
conjunction with this Plan, meets the requirements of 7-2-4731, MCA, and 7-2-4732, MCA. If
the area to be annexed is currently served by adequate water, sewer and streets, and if the City
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City of Bozeman Extension of Services Plan and Report February 8, 2022 Page 3 of 25
determines that capital improvements are not necessary, the City must provide plans of how it
intends to provide other services, mainly police protection, fire protection and solid waste disposal.
The location of the municipal growth area is determined by considering available undeveloped and
underdeveloped lands in the context of existing municipal services and the logical extension of
these services. In addition, past community growth trends, as well as existing community growth
stimulants and deterrents, are taken into consideration in projecting growth area boundaries.
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY AND CITY FACILITY PLANS
This Plan hereby incorporates by reference the current and future Bozeman growth policy and the
various adopted City facility and service plans, including those for fire, emergency services, and
police, including any future updates to such plans. The growth policy and the various City facility
and service plans support this Plan. The adoption and implementation of this Plan will, likewise,
assist the City in achieving the goals and objectives of the growth policy and the various facility
and service plans.
MUNICIPAL PLANNING AREA
The municipal planning area is the projected service area in which municipal services can or may
be extended, depending upon needs and demand. Boundaries of the municipal planning area are
established based on prevailing and anticipated growth trends, with consideration given to growth
stimulants as well as growth deterrents or impediments. In establishing this area, the City considers
population and economic trends that affect community growth or decline. Trends are subject to
fluctuation and the City’s planning area looks at the long term probable outcomes, not short term
exigencies.
Economic Conditions and Trends
The City is the primary economic engine of Southwest Montana. The City’s population surpassed
53,000 people in 2020 yet serves significantly more people in terms of business activity.
Surpassing the population milestone of 50,000 people moved the City into a metropolitan city
status with many impacts to the community.
Between 2010 and 2020, the City grew by nearly 16,000 people, or 30%. The City’s growth rate
has routinely exceeded that of Gallatin County as a whole over the past 20 years with annual
growth rates as high as 6%. The area's population continues to grow steadily with the potential for
continued growth over the next twenty years. Details of population and economic growth are
available through the US Decennial Census, American Community Survey, and other state and
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federal agency reports.
Physical Growth Trends
In addition to the increase in population, the City has regular annexation activity increasing its
physical size. Maps showing the location and timing of annexations are available through the
City’s website. Annexations range from small annexations, such as individual properties seeking
to connect to City utilities, to parcels as large as or larger than 160 acres. Annexation occurs
throughout the City but occurs predominantly in the City’s northwest and southwest quadrants.
As for future annexations, the City has seen development using up the City’s undeveloped property
reserve that was created in the 2000s. The City expects additional properties will seek annexation
as the development potential of property with municipal services is higher than without them.
Property owners seeking additional development have, historically, voluntarily approached the
City seeking annexation. The City does not generally extend its utility services outside of its
boundaries.
As new development is proposed in areas contiguous to or wholly surrounded by the City new
development or redevelopment is generally required to connect to municipal water and sewer.
When this occurs, utility extensions must be in accordance with City standards and annexation is
generally required prior to receiving service. The location and schedule for such development is
driven by private demand and cannot be predicted in detail at this time. The City’s future land use
map from the Bozeman growth policy depicts areas where future urban development is expected.
As noted on the future land use map, there are developed but unannexed areas wholly surrounded
by or adjacent to the present City limits. Annexation of those areas often occurs when existing
development seeks access to City utilities.
There exist certain influencing factors that can either stimulate or impede the physical growth of
the City. In conjunction with the ability to provide services, these influencing factors must also be
considered in the establishment of future service and growth area boundaries.
Impediments to Growth
Identified impediments to growth in and around Bozeman are water supply, access to or capacity
in sanitary sewers, lands of agricultural significance, large tracts of land under public ownership,
soils unsuitable for development, seasonally high groundwater, and steep slopes, among others.
The existence of certain types of soils renders some areas of the valley more expensive for urban
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development because of low bearing strength requiring additional investments for stable roads and
building foundations. Although some soils may be unfavorable for development, most
disadvantages can be overcome through engineering solutions and construction techniques. It
should be noted that while the disadvantages of these soils can be overcome, such circumstances
will likely result in added expense to the public, in providing services such as streets, sewer and
water service, and storm drainage, and to the property owner, in terms of construction and
engineering costs.
The State of Montana owns large areas of land within and adjacent to the City. Some properties
are held for research purposes for the Montana University System or are designated school trust
lands. The MSU properties are primarily located on the bench in the Southeast quadrant of the
municipal planning area, main campus, and adjacent research facilities along College Street. As
the purpose of these properties is not for profit, the extension of infrastructure through these areas
is more difficult than typically experienced on private property. The City and Montana State
University work together on many infrastructure issues to enable the continued expansion of the
City and university.
Seasonally high ground water is found frequently in the northwest and southwest quadrants. High
ground water impacts the ability to accommodate on-site sewage disposal systems. Ground water
levels are elevated by irrigation facilities and practices. Also, expensive construction techniques
are required in many locations throughout the City area to build stable, long lasting roads.
Slopes generally exceeding twenty five percent (25%) are considered a potential impediment to
urban development. Development on such slopes, including buildings, roads, driveways and other
improvements, can have significant impacts on existing drainage patterns, riparian vegetation,
wildlife, adjacent (particularly downhill) properties, and the existing natural scenic qualities of the
community. While the City is generally situated on the valley floor, instances of steep slopes occur
along the Peet’s Hill ridge and in the northeast quadrant with the Story Hills and Bridger Mountain
range foothills.
The Gallatin Valley is at the top of its drainage system, and therefore, water supply is of high
quality while limited in quantity. The City has an active program developing and protecting its
water supply and the rights to use it. The City actively pursues development of water resources,
conservation of water, and integrated strategies to maintain an adequate supply for its continued
growth. The adopted Integrated Water Resources Plan looks at long-term needs and trends to help
maintain an adequate water supply.
The City actively invests in sanitary sewer upgrades each year. Sanitary sewer upgrades are
completed to expand the service area of the City, replace old and aging pipes, and to increase pipe
sizes and associated capacity. The City maintains a hydraulic model to understand available
capacity in the sanitary sewer system and direct capital plan investments. Some capacity
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limitations exist in the system that are addressed as growth demands improvements to the system.
Low density subdivisions not annexed to the City impede the logical and cost effective extensions
of municipal water and sewer systems. Retrofitting such development is expensive and often
opposed by residents. Avoidance of such development is therefore prudent to avoid impediments
to municipal growth. The City’s growth policy promotes protection of rural lands around the
perimeter of the City and limits development of these lands until the time when large projects with
the ability to extend City infrastructure are ready for development.
Growth Stimulants
Growth stimulants are forces exerted upon a city that may cause or encourage a city to grow in a
particular direction. Growth stimulants may be physical factors such as a scenic environment or a
proximity to services and/or utilities. A desirous quality of life or a strong economy can also
stimulate the growth of a city. The physical beauty of the Gallatin Valley, Bozeman’s strong
economic reputation, and its perceived quality of life has spurred substantial growth over the past
20 years. It is expected that the growth of the area will continue due to its appealing life style,
strong economy, proximity to excellent recreation, and ready access to Bozeman Yellowstone
International Airport.
Prevailing Growth Patterns
Bozeman has been expanding in all directions. This includes redevelopment and intensification of
existing municipal areas. Multiple large buildings have been constructed or are under construction
in the Downtown and along N. 7th Avenue. Accessory Dwelling Units are being added to many
lots in the core of the community. Few areas within the City remain undeveloped.
The character of the surrounding areas into which the City is expanding are distinct. In order to
describe the nature of these areas more easily, the following discussion divides the city into four
quadrants with a center point at the intersection of Main Street and 19th Avenue. The prevailing
growth patterns in the Bozeman area, and the probable growth stimulants associated therewith,
follow:
Northeast Projected Growth Area
The area of this quadrant is generally flat and incorporates some of the original town-site area. The
mix of land uses shows substantial areas of residential, institutional, and industrial users. At the
outer eastern edges of this quadrant the land rises into the Story Hills and Bridger Mountain range.
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The East Gallatin River crosses this area as does Interstate 90. Both of these are limits on the street
grid and influence the placement of water and sewer mains. The railroad also crosses this quadrant,
which also affect the street grid and provision of emergency services. Expansion of the City is
expected but this is likely the least expansive of any of the four quadrants due to the degree of
slopes in the outer area. Growth of population and expansion of incorporated land in the area is
possible. There are several unannexed wholly surrounded areas and unannexed areas that receive
municipal fire service. There is potential for additional development within the wholly surrounded
areas. Municipal water and sewer are in near proximity to some of the wholly surrounded areas.
The City recognizes there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services that are described in the facility plans. The Montana Department of Transportation is
recently completed expansion of Rouse Avenue to provide needed transportation capacity.
Improvements to Griffin Drive and the intersection of Story Mill Road and Bridger Drive are
underway or planned within the next five years.
Southeast Projected Growth Area
The area of this quadrant is generally moderately sloped and incorporates some of the original
town-site area. Bozeman Creek crosses this portion of the community. A large ridge on the eastern
side divides this area into two areas. The western area is mostly developed down to Kagy
Boulevard with Montana State University and Downtown being the two most notable destinations.
South of Kagy Boulevard lies large open areas suitable for urban development. There are several
large rural subdivisions in this area. East of the ridge is Bozeman Health’s main campus and
residential areas. There is substantial land remaining for development east of the ridge. There are
several suburban developments in this area primarily utilizing individual water and sewer systems.
There are several wholly surrounded areas in this quadrant. These are located primarily along the
Kagy Boulevard corridor. The largest is located north of Kagy Blvd and west of S. Church.
There are no overwhelming barriers that would impede the physical growth of the City during the
next five years. Bozeman Creek and the associated floodplain cross this area from south to north.
The creek limits development on some individual properties due to floodplains. The floodplain is
present with or without annexation. There are known needs for expansion of water and sewer
services which are described in the facility plans. The City is presently expanding water storage
capacity at its water treatment plant which will improve water pressure to this area.
Southwest Projected Growth Area
The area of this quadrant is quite flat and has the fewest topographic features which might restrict
expansion of the City. Large sections of this quadrant are presently outside of the City. Large
university landholdings restricted extension of municipal utilities for many years. With services
now made available, development is occurring along the S. 19th corridor and beginning to occur
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south of Huffine Lane. Areas north of Huffine Lane have been annexed and infilling since the late
1970’s. There are several small residential unannexed inholdings within this quadrant and one
large existing and planned commercial area. High groundwater is prevalent in this quadrant,
especially south of Huffine Lane with many small spring creeks. There are continuing agricultural
operations in this area and very low density residential development scattered throughout it.
There are no overwhelming barriers that would impede the physical growth of the City during the
next five years. There are known needs for expansion of water, sewer, and transportation services
that are described in the facility plans. The City is presently expanding water storage capacity at
its water treatment plant that will improve water pressure to this area. The City is also constructing
a new lift station and sewer interceptor pipe that will expand sewer capacity that will serve this
area.
Northwest Projected Growth Area
This quadrant has seen the greatest amount of growth over the past 15 years. Several very large
annexations have been building out. The City along with private developers has invested heavily
in major transportation and sewer service improvements in this area that have facilitated growth.
Development in this area is primarily residential and institutional with substantial capacity for
commercial development to occur. This quadrant has the greatest number of unannexed
inholdings. Most of these inholdings are residential development but several have potential for
substantial intensification of use. The construction of Bozeman Gallatin High School, the Sports
Park, and Billings Clinic Hospital support an expectation of substantial additional growth in this
area.
The greatest restriction on development in this area is sewer services. The City has constructed the
new Davis Lift Station and the Norton East Ranch Interceptor to support construction of the new
high school and hospital. This construction will also open considerable capacity for additional
annexation and development. The transportation network is well developed in this area but will
require additional expansion and links as development occurs. Active City projects to expand the
transportation system include extensions to Fowler Avenue and Cottonwood Avenue.
ANNEXATION AREA All properties located within Riverside Manor Subdivision, Riverside Greens Subdivision and
Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030 and associated right of way
located in portions of Sections 23, 25, and 26, Township 1 S, Range 5 E, Principle Meridian,
Gallatin County, Montana are the area subject to this Plan.
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EXTENSION OF CITY SERVICES
The City’s growth policy and its facility and service plans (along with its Strategic Plan) seek
compact, orderly and efficient municipal growth. In addition, all plans support infill development
as well as compact outward expansion. Doing so minimizes the expenditure of municipal funds
and ensures such funds are used in the most efficient and rational manner. To implement the goals
and objectives of the growth policy and various facility and service plans, the City develops and
continually implements plans for the extension of municipal services through its capital-planning
program. When extending services into annexed areas, the City must identify the services available
and the manner in which the City will provide those services to the annexed area. In doing so, the
City identifies those responsible for extending services and the methods of financing such
extensions.
There is extensive urban development annexed areas within and adjacent to the City boundaries
and surrounding unannexed areas, therefore, roads and water and sewer mains may already be in
place through or beside many areas where annexation may occur.
The facilities and services, which the City considers for extension into the future growth areas of
the City, include streets, sanitary sewer, storm sewer, water, police protection, fire protection, and
solid waste collection, among others. Generally, many of these services must be provided
concurrent with annexation.
In areas where services or facilities do not exist, it is generally the responsibility of a property
owner developing property to construct and pay for facilities such as roads, sewer, stormwater,
and water (for domestic and fire suppression). The City then will provide the services that use such
facilities, such as police and fire protection, solid waste collection, and water and wastewater
treatment. In areas that are currently developed, the City may, based on its growth policy and
facility and service plans, and in compliance with its adopted regulations, allow developed
properties to continue to use existing facilities such as on-site water wells and septic systems.
Similarly, if infrastructure already exists in the area, but is inadequate to support the proposed
development, the property owner developing property is usually responsible for increasing the
capacity of the existing services, such as roads, sewer, and water.
The City in cooperation with property owners must generally provide services concurrently with
development of the property. As such, for undeveloped areas, the City may allow a property owner
to defer the development of certain facilities until future development as long as basic services
such as police and fire are provided to the property. For example, if undeveloped property is
annexed anticipating future development, the City may not require development of additional
facilities for the property upon annexation as long as basic services can be provided at the time of
annexation.
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For developed areas, the City may authorize the use of existing facilities at the time of annexation
as long as such facilities can provide adequate services. For example, if the City annexes an
existing neighborhood with established streets and water and wastewater facilities, the City may,
depending on the condition of the facilities, authorize property owners to continue using such
facilities as long as the facilities are adequate to serve the property. As such, under this example,
property owners may continue to use on-site septic systems and wells and roads even though roads
may not have been built to current City standards and the City rarely authorizes wells and septic
tanks for domestic services. At the time of future development or when those services have
outlived their useful life or failed, these facilities must be upgraded to City standards.
This remainder of this section addresses the various types of facilities and services and, in
conjunction with the policies described below, the City’s plan for how each will be provided at the
time of annexation.
Streets
The transportation network within and around the City plays a significant role in the physical
development and growth of the City. This network of streets, roads and highways is designed to
form a system that not only provides efficient internal circulation, but also facilitates through
traffic. Since streets serve two basic functions, moving traffic and providing access to abutting
lands, the City, through its adopted transportation plan, classifies each street for the specific
function or combination of functions that it serves. This functional classification system forms the
basis for planning, designing, constructing, maintaining and operating the street system. Street
classification is also used as an equitable and practical method of allocating responsibility for street
and road construction expenditures. For these reasons urban streets are generally designed and
developed in a hierarchy comprised of the following types:
Major Arterials
A major arterial is described in the City’s adopted transportation plan. Generally, it is a road or
highway with moderate to high speeds and traffic volumes. Major arterials provide access to the
regional transportation network, and move traffic within the City. Access to abutting lands is
limited.
Minor Arterials
A minor arterial is also described in the City’s adopted transportation plan. Generally, it is a road
with moderate speeds designed to collect or move traffic from one major part of the City to another
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or to move traffic to and from the major arterial system.
Collector Streets
Again, the City’s transportation plan describes collector streets. Generally, it is a secondary or
intermediate street with moderate speeds and moderate volumes. Such streets collect local traffic
from neighborhoods and carry it to adjacent neighborhoods or transfer the traffic to the arterial
system. Such streets would typically serve a neighborhood or local area.
Local Streets
These are minor streets intended to serve individual sites, homes, buildings or lots. Local streets
either feed into collectors or provide direct access to much of the land within the City.
As noted above, arterial and collector streets within Bozeman are listed according to functional
classification in the City’s adopted transportation plan. The transportation plan and the street
reconstruction priority ratings, prepared by the City Engineering staff, have been developed as a
tool for scheduling reconstruction, overlays and preventative maintenance for public streets,
excluding State and Federal highways, in the projected urban area. The City’s street system
includes approximately 285 miles of streets and alleys as of December 2021.
The transportation plan and supplemental staff analysis identify priority projects for the street
systems, which, if implemented, result in a benefit to existing traffic system performance. The
proposed improvements will also serve future development needs as urban development expands
into the adjacent rural areas surrounding Bozeman. The transportation plan, in addition to
identifying deficiencies and recommending improvements, identifies potential funding sources.
The top priority projects identified in the transportation plan involve, for the most part, either
arterials or collectors. All proposed developments that impact the existing or proposed street
network may be subject to conditions of approval intended to mitigate impacts. It is generally the
responsibility of a landowner to provide streets built to City standards, including curbs, gutters,
sidewalks, boulevards, street signs, streetlights and street trees. Standards for such improvements
are contained in the City of Bozeman's Unified Development Code, the City's Design Standards
and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications. The policy section of this plan supports these requirements.
The City may authorize developed areas to be served by the existing street network even though
such network does not meet current standards.
The City levies an arterial & collector street assessment to provide for construction and
maintenance of arterial and collector streets, according to the City’s adopted capital plans.
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Currently, the assessment is $0.006997 per square foot of property area for all properties as of
December 2021. The assessment is limited to a maximum of 15,000 square feet for single-
household residential properties, a maximum 15,000 square feet for undeveloped commercial
properties, and a maximum of one quarter of the total area for properties zoned public lands and
institutions. This assessment is subject to change depending on priorities for capital
improvements.
Street Maintenance
The City maintains, sweeps, and plows most streets which have been dedicated to the public within
the City, while the Montana Department of Transportation maintains and plows its highways
through the City totaling approximately 23 miles of roads. The County Road Department also
maintains and plows approximately nine miles and several segments of roads in the City that are
under County jurisdiction as adjacent land has been annexed. However, generally, County roads
will be incorporated into the City system as annexation occurs. State law requires annexation of
right of way adjacent to properties being annexed.
To address maintenance of City maintained streets, the City levies a street assessment. This
assessment provides for snow removal and deicing, asphalt patching and overlays, and street
sweeping. Currently, the assessment is $0.33113 per square foot of property area for all properties
as of December 2021. The assessment is limited to a maximum of 15,000 square feet for single-
household residential properties, a maximum 15,000 square feet for undeveloped commercial
properties, and a maximum of one quarter of the total area for properties zoned public lands and
institutions. As with the arterial and collector assessment, the street maintenance assessment is
subject to change depending on priorities for capital improvements.
Some neighborhoods and homeowners associations elect to manage additional snow removal on
their own, to achieve a higher level of service than the City can provide. In certain circumstances,
the City may require or authorize such private service of local streets. In addition, there exist streets
within the City that have not been dedicated to the public. The City does not generally maintain
these. For streets in areas proposed for annexation, homeowners may continue to be responsible
for maintenance of streets and street right-of-way for streets that have never been previously
dedicated to the public. The City may consider accepting dedication and the resulting maintenance
responsibilities. The manner in which this will be addressed will be discussed in an Area Plan.
Sanitary Sewer/Wastewater Treatment
A sewerage system is a network of sewers used to collect the liquid wastes of a city for subsequent
treatment. The location and capacity of main sewer lines and treatment plants are a factor in
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determining both the density and location of development within a community. Generally, the
design of main sewer lines and plant capacity is reflective of anticipated land uses and population
projections of a predetermined service area.
In contrast to a pressurized water distribution system, sewage is primarily collected by a gravity
flow system, wherein sewer lines are laid out in a manner as to flow continually downhill. Where
grades are insufficient to provide gravity flow, pumping of the sewage becomes necessary. Adding
pump stations to the system correspondingly adds expense and maintenance needs and is generally
discouraged. The City Water & Sewer Division currently maintains more than 250.7 miles of
gravity sewer mains, 5,018 manholes, and 10 lift stations. As the land area of the City expands,
the collection system likewise expands.
The City operates a mechanical wastewater treatment plant with secondary treatment and
biological nutrient removal. The plant is located on the northwest edge of the city on Springhill
Road. The treatment plant is designed to accommodate a flow of approximately 8.5 million gallons
per day (mgd). A plant of this capacity is able to serve a population of approximately 66,000. The
treatment plant is designed to facilitate future expansion. The plant is currently treating an average
of approximately five mgd of effluent. The City’s wastewater treatment plant typically provides a
higher degree of treatment and therefore better protection of public health and a clean environment
than is provided by on-site septic systems.
High groundwater infiltration and storm runoff inflow has a significant negative impact on the
City's collection and treatment systems. Infiltration and inflow are extraneous waters that can enter
the sewer system and thus reduce the sewage carrying capacity of the sewer, pump station and
treatment systems. As the amount of infiltration and inflow is reduced through improvements to
infrastructure, the ability of the plant to serve a larger population is increased. Much of the storm
runoff inflow has been eliminated through the ongoing construction of underground storm
drainage facilities, elimination of cross-connected stormwater catch basins and disconnection of
roof drains from sanitary sewer lines. Storm drainage is being improved as the City's stormwater
capital plan is implemented.
The design of new sewage collection systems must meet the current requirements of the Montana
Department of Environmental Quality, the Montana Public Works Standard Specifications, the
City's Design Standards and Specifications Policy, and the City of Bozeman Modifications to the
Montana Public Works Standard Specifications, and the policies for extending services described
in this plan.
Residential neighborhoods utilizing on-site sewage disposal systems may be found throughout the
Bozeman sewer service area, both inside and outside the City limits. Over the next 15 to 20 years,
many of these neighborhoods will eventually undertake the extension of City sewer mains as
higher density development is desired and as on-site disposal systems outlive their useful life. The
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location and schedule for such improvements will be driven by private demand and cannot be
predicted in detail at this time.
In accordance with the City of Bozeman Design Standards and Specifications Policy and
Modifications to the Montana Public Works Standard Specifications (MPWSS), future
development projects throughout the Bozeman sewer service area must prepare detailed
engineering studies to identify appropriate locations and design criteria for sewer mains and lift
stations. Consideration will be given to individual development goals, as well as the long range,
overall needs of the surrounding area and the sewage collection/treatment system as a whole.
The City may authorize developed areas proposed for annexation to be served by existing onsite
septic systems even though such systems may not be constructed to current regulatory standards.
Such systems must be abandoned and the Property must connect to the City’s sanitary sewer if
property redevelops or the systems fail.
Storm Water Management
Storm water runoff is the water flowing over the surface of the ground as a result of a rainfall or
snow melt. The primary goals in the management of storm water runoff are to minimize hazards
to life and property and to provide treatment of runoff before it enters streams and rivers. This is
accomplished by using storm sewers, detention, and treatment systems to collect, carry, detain,
and treat surface water and ultimately discharge that water to a natural water course or body of
water in such a way as to prevent flooding and the resultant damage.
The City’s stormwater collection system consists of a variety of infrastructure facilities that collect
urban runoff and either treat stormwater on site or convey it to local waterways, such as Bozeman
Creek, Bridger Creek, the East Gallatin River, and numerous small spring creeks. As of December
2021, system components include over 122 miles of underground pipe, 4,100 inlets, 1,866
manholes, and 629 individual discharge points spread across the City. In areas built post-1980,
there are 519 surface and subsurface stormwater facilities that act as flood and water quality
controls. The majority of these facilities are owned and operated by property owner associations
or private parties. As the land area of the City expands, this system likewise expands.
As new streets are constructed, and as existing streets are improved, storm drainage infrastructure
is likewise installed or improved. Those persons developing property have the responsibility to
convey storm water from their property to an appropriate point of treatment and disposal. The
quantity and rate of runoff from a developed piece of property should not exceed that which would
occur had the property remained undeveloped. In instances where developing property cannot be
drained to an appropriate point of disposal, storm water must be detained and handled on site.
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The City may recognize developed areas proposed for annexation may be served by existing
stormwater systems even though such systems do not meet current standards.
Water
The City must ensure dwellings and business have access to safe, potable and palatable water for
the needs of the City’s domestic, institutional, industrial and commercial consumers. The City
must also ensure adequate water exists to meet firefighting needs.
The City provides domestic water from the Hyalite/Sourdough Water Treatment Plant and the
Lyman Spring Water System. The present supply capacity is approximately 22 million gallons per
day (mgd), and the peak demand periods of late summer are approximately 9 mgd. The maximum
day demand has been observed at approximately 12 mgd.
Water storage tanks are used to equalize pressure throughout the 306-mile long distribution system
and to provide emergency supply in case of an interruption of power, a failure of pumping
equipment, or to provide water for firefighting. This system also provides the flow necessary to
meet peak demands. The amount and location of stored water represents a key component of the
water system's ability to deliver water for the purpose of fire suppression. The city currently
utilizes four storage tanks with a total capacity of 16.6 million gallons. Under the requirements of
the Safe Drinking Water Act, the City tests the water supply for a wide variety of contaminants on
a regular basis. Extensive testing for microorganisms, disinfection byproducts, disinfectants,
inorganic chemicals, organic chemicals, and radionuclides has shown that Bozeman's water is of
the highest quality.
The City’s water facility and service plan guides the extension of water mains into areas of growth
as and when development occurs. The plan is based on the objective of providing adequate water
flow to meet household, commercial, industrial and irrigation demands, while meeting fire
protection needs as well. The distribution system must be able to deliver water in sufficient
quantity to all residents and businesses at all times. Ideally, a water distribution system is of a grid
layout with supply and storage facilities strategically located to equalize pressure during periods
of heavy usage. Dead-end lines should be avoided to reduce the number of customers who would
be out of water during periods of line repair.
The provision of water for firefighting purposes is as important as, and as consumptive as, that
required for domestic and commercial uses, and must be considered when evaluating transmission,
storage and distribution facilities.
For the City to provide water for domestic and commercial uses and fire protection services
through the City’s water treatment and distribution system the City must continue to address its
legal access to its sources of water. The City invests in securing and maintain its legal access to
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water rights by its Integrated Water Resources Plan and its employees make ongoing efforts to
protect existing water rights and obtain new water rights. The most important priority for the City
to ensure long-term availability of water is through water conservation. These efforts will continue.
The City may authorize developed areas proposed for annexation to be served by the existing wells
even though the use of wells does not meet current standards. Such systems must be abandoned or
used solely for irrigation if property redevelops or if a property owner must connect to the City’s
water system.
Solid Waste Management
Solid waste collection, recycling, and disposal services are provided within the City by both the
City and private haulers subject to the provisions of Chapter 32 of the Bozeman Municipal
Code and Title 75 of the Montana Code Annotated. Refuse collected within city limits is
transported to the Logan landfill located approximately 27 miles west of Bozeman. All properties
within the City must use a solid waste collection service. Recycling services are optional.
The City provides weekly residential pick-up of refuse, while businesses receive, if needed,
multiple pick-ups each week. The City utilizes an automated side-arm loader for collection and
transportation of garbage to the landfill. The City of Bozeman also supports recycling efforts with
bi-weekly residential pick-up. The demand for solid waste collection is typically proportionate to
the size of the community. Therefore, as the City of Bozeman accepts annexations, its solid waste
service area will increase as well. The City recognizes the provisions of 7-2-4736, MCA in regards
to solid waste collection services.
Fire Protection
Fire protection is dependent upon the size and type of fire protection work force, availability of
adequate water, type of equipment and the response time involved.
The Bozeman Fire Department currently consists of 46 paid personnel, of which 45 are sworn
uniformed fire rescue personnel and one civilian support staff. The City levies property taxes to
pay for fire protection services.
To provide fire protection within the city, the City must develop and maintain adequate firefighting
apparatus, equipment, housing, personnel, and facilities. Mutual aid between the Bozeman Fire
Department and departments outside the City, including Central Valley, Hyalite, and Fort Ellis
Fire Departments, provide resources that can be requested by any of the departments if additional
assistance is needed.
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Currently, the City of Bozeman has an insurance class rating of “2”. The department was last
reevaluated in 2017 by the Insurance Services Office (ISO). ISO collects data for more than
48,000 communities and fire districts throughout the country. This data is then analyzed using a
proprietary Fire Suppression Rating Schedule. This analysis then results in a Public Protection
Classification score between 1 and 10 for the community, with Class 1 representing "superior
property fire protection" and Class 10 indicating that an area does not meet the minimum criteria
set by the ISO.
Currently, hydrant locations in the City are considered adequate in most areas. The Public Works
Department and Fire Department work together to identify needs and install new fire hydrants in
developed areas that are served by City owned water mains of sufficient capacity to deliver fire
flows. At the time of annexation, the City determines how to provide fire protection services; in
circumstances of annexation of developed properties, the City may use existing facilities to provide
service.
Law Enforcement
Police services and public safety are vital components of the essential services the City provides
to all residents and visitors to the city. The Bozeman Police Department is authorized as of
December 2021 for sixty-six sworn police officers, two animal control officers, one crash
investigator, four information specialists, one evidence technician, one digital forensic analyst, one
fleet maintenance staffer and a number of volunteers. The primary service area is within the city
limits of Bozeman. The department also participates in shared teams that work both inside and
outside the city limits such as the city-county Special Response Team, the Missouri River Drug
Task Force and the Montana Internet Crimes Against Children Task Force.
The Bozeman Police Department is responsible for public safety services for all persons who live,
work and play within the City. In addition to Bozeman residents, the service demands on the
department are also largely influenced by Montana State University student and staff populations,
as well as the county residents living outside the city limits that come to Bozeman to work, shop,
dine, or recreate. The department’s service population also includes visitors that travel through or
stay in Bozeman.
These factors obviously affect the numbers of calls for service the department responds to. Other
factors that influence the department’s workload are the number, frequency and location of
criminal activity, motor vehicle crashes and general calls for assistance. As is the case with all
departments within the City, the community’s current rate of growth has the largest impact on the
delivery of public safety services. As the City grows both geographically and in population, it is
necessary to continue to staff and resource the police department accordingly. The Bozeman Public
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Safety Center is under construction to provide up to date facilities for municipal police and courts.
For the annexation of property, law enforcement services are provided at the time of annexation.
Parks and Recreation
The City provides maintained, publically accessible, parks and trails to all residents and
community members. The City’s Park and Recreation Department currently maintains 1,035 acres
of park spaces consisting of pocket parks, neighborhood parks, special use parks and community
parks as of December 2021. The Department manages and maintains all associated infrastructure
within these park spaces (i.e. irrigation systems, pavilions, restrooms, bridges, play structures,
etc…). The Parks Division of the Department also maintains 69 miles of trail and path within the
City for transportation and recreation. Many homeowners associations contribute to upkeep of
neighborhood parks and trails throughout the City.
The Department also provides a myriad of recreation and aquatic services to the public of all ages.
Under the Department’s cost of service plan, cost recovery is subsidized by the City for some age
groups and specific programs resulting in resident discounts.
The Department services are tracked for time, equipment and materials allowing the Department
to forecast future costs of potential annexations. The City generally maintains public parks and
trails currently in existence at time of annexation at the current standard. The assessment is
$0.02261 per square foot of property area for all properties as of December 2021. The assessment
is limited to a maximum of 15,000 square feet for single-household residential properties, a
maximum 15,000 square feet for undeveloped commercial properties, and a maximum of one
quarter of the total area for properties zoned public lands and institutions. Recreational services
would be extended to residents of newly annexed property at the current resident rate. Finally, all
public park and street trees are added to the City tree inventory and maintained as a part of the
City’s urban forestry management program.
The Forestry Division of the Department manages and maintains over 24,000 street, park and
cemetery trees. Forestry also provides and installs at least 175 trees annually in public right-of-
way at a subsidized cost to the adjacent property owner. Forestry utilizes a Forestry Management
Plan and Emerald Ash Borer Course of Action Plan as master plans in the urban forest management
of the City. The City will maintain trees in public parks and rights-of-way at the time property is
annexed.
As December 2021, the City of Bozeman levies a tree maintenance assessment on properties within
the City. Currently, the assessment is $0.003692 per square foot of property area for all properties.
The assessment is limited to a maximum of 15,000 square feet for single-family residential
properties, a maximum 15,000 square feet for undeveloped commercial properties, and a
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maximum of one quarter of the total area for properties zoned public lands and institutions.
Residents and property owners within areas proposed for annexation must recognize assessments
are subject to change on an annual basis.
Other City Services
In addition to the above, the City provides other facilities and services such as Library, sidewalk
maintenance, weed abatement, etc. As the City annexes land, these facilities and services will be
available to residents and owners of annexed property.
DETERMINATION OF ADEQUATE PUBLIC FACILITIES AND SERVICES
Montana law requires, at the time of annexation that certain basic services be adequate for the
property being served. These services include police and fire protection, streets and street
maintenance, solid waste collection and wastewater collection and treatment, and the
provision of potable water. As such, this section provides a discussion on the facilities and
services required to be addressed by Montana law. The City may provide these services at the
time of annexation or the services may be provided by other entities. For example, the City
may annex a property and, through its own services, provide police and fire protection and
make its solid waste services available. The collection of solid waste may also be provided by
private companies. Likewise, the City may determine land proposed for annexation is
adequately served by existing on-site wastewater and water services such as septic tanks and
wells.
This section provides general guidance on the factors the City will consider when analyzing
whether existing facilities, infrastructure, or services are adequate to provide basic services to
a property proposed for annexation.
The City recognizes areas proposed for annexation may have developed under different
standards than are required currently in the City for new development. For example, a
neighborhood may have developed when the requirement for paved streets with concrete curb
and gutter and sidewalks did not exist. Likewise, a neighborhood may have developed where
centralized water and wastewater collection systems were not required to be constructed or
available to the property. Even though these types of neighborhoods do not meet current City
development standards, (i.e. the standards required if the neighborhood were permitted today)
the City may nonetheless determine these facilities such as streets and wastewater collection
to be adequate as those facilities continue to serve the needs of the owners or residents of the
properties.
In general, adequate means sufficient for a specific need or requirement or of a quality that is
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acceptable. The City must determine, for each area that is proposed for annexation, whether
the services necessary for a property are, at the time of annexation, sufficient to meet the needs
of the residents. This analysis will be conducted in the Area Plan serving as an addendum to
this Plan that must be developed for each area proposed for annexation. As such, the analysis
of whether the services are sufficient to meet the needs of the residents (i.e. are adequate) will
be done on a case by case basis as each area will have different infrastructure and facility
needs.
In doing so, the City will analyze certain factors which are described herein.
Streets
For streets, the most important consideration in determining the adequacy of existing streets
is whether the streets, as they exist at the time of annexation, can provide legal and physical
access to the property for its residents and access for mail and delivery services. In addition,
another critical consideration is whether the streets can provide access for emergency vehicles
for police, fire, and emergency medical response. Other considerations include whether the
streets can provide access for solid waste collection. As noted above, the City may annex
property even if the street is not constructed to the current standard for new development;
there exist currently areas within the City that developed prior to modern standards and the
City recognizes these existing areas are adequate.
The City determines whether a street is adequate for these purposes and in doing so the City
recognizes streets vary in their quality – from streets with deferred maintenance to newly
constructed streets – and that streets of varying quality may still be adequate to serve the adjacent
properties at their present level of development. The local street right of way in the Riverside
Annexation were platted with initial subdivision of the property and are of proper width for a local
street. No additional right of way is required. The streets were constructed with a rural standard as
was allowed at the time of development. The streets have functioned for over 50 years under the
light traffic that exists in the area. No improvements are required with annexation and the streets
will retain their existing character.
Street maintenance
The City recognizes, as noted above, at the time of annexation, the City will typically assume
maintenance of newly annexed streets where the street and its accompanying right-of-way
have been dedicated to the public. As such, if the City annexes property with a street and its
right-of-way that has been dedicated to the public, the City must maintain the streets providing
access to the property regardless of whether the street meets current City standards. In
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circumstances where the street and its right-of-way has not been previously dedicated to the
public the City may consider accepting a dedication at the time of annexation; if not, the
owners of the street may continue to be responsible for maintenance.
The streets within the Riverside Annexation are dedicated to the public through the
subdivision process or acquired by the Montana Department of Transportation. The Montana
Department of Transportation maintains Springhill Road. All other streets within the
Riverside Annexation are maintained through RID 308. The RID will continue to function
after annexation and will provide for maintenance of local streets.
Wastewater Treatment/Sanitary Sewer
Montana law recognizes domestic and commercial wastewater may be treated in several ways.
These methods include centralized wastewater collection and treatment systems such as
provided by the City through its sanitary sewer collection system and its Water Reclamation
Facility (WRF). Other systems recognized by Montana law as being adequate to treat
wastewater include on-site septic systems. Currently, there are locations within the City that
are served by septic systems; as such, like streets that are not built to current City standards,
the City recognizes septic systems can be an adequate, although not preferred, method to treat
wastewater for existing levels of development.
While the City prefers that property connect to its wastewater collection and treatment system,
it also recognizes the significant costs to property owners in doing so; as a result, the City may
consider existing on-site septic systems as adequate to serve the needs of the property. Factors
the City will consider in an Area Plan include, primarily, whether property owners have
indicated to the City their septic system is failing. The City may consider other factors
including the age of septic systems within an area proposed for annexation but absent direct
evidence a property’s septic is failing, the City may consider existing on-site treatment
systems as continuing to be adequate.
The City also recognizes that it must determine, whether sufficient capacity exists in the City’s
wastewater collection system and at its WRF to handle wastewater from the properties
proposed for annexation should those properties decide, after annexation, to connect to the
City’s system.
For the purposes of determining adequacy for annexation, if a property is located within 200
feet of an existing sanitary sewer main the City may consider existing on-site wastewater
treatment systems adequate regardless of other factors.
The Riverside Water and Sewer District has provided sanitary sewer for the area of the
Riverside Annexation. The District sewer collection systems are functioning as designed and
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convey sewage to the central treatment facility. The Riverside central treatment facility has
failed and the Riverside Annexation is being completed in order to obtain sanitary sewer
service from the City. The City and Riverside will work together to enable an orderly
transition of services in accordance with the interlocal agreement approved by the City
Commission on December 14, 2021. Waivers of Right to Protest Creation of Special
Improvement District have been submitted as part of the annexation request with sufficient
waivers to ensure that an SID to construct new sewer facilities to connect the existing
collection system to the City’s Water Reclamation Facility cannot be blocked. The City’s
Water Reclamation Facility has adequate capacity to accept the additional flow from the
Riverside Annexation area.
Upon completion of annexation, the creation of a special improvement district, infrastructure
design, and construction will begin. It is anticipated that this work will be completed and
sanitary sewer treatment service begin in two calendar years.
Solid Waste Collection
The City requires all property within the City to subscribe to solid waste collection services
either through the City’s Solid Waste Division or through a private entity. Subject to the
provisions of Chapter 32 of the Bozeman Municipal Code and Title 75 of the Montana Code
Annotated, these services will be available to all properties proposed for annexation. The
individual customer decides from whom they wish to receive solid waste collection service.
Water
As with wastewater collection and treatment, Montana law recognizes water for domestic and
commercial uses may be provided through centralized systems or through individual on-site
wells. Currently, there are locations within the City that are served by wells; as such, like
streets that are not built to current City standards, the City recognizes wells may be an
adequate source of potable water for the present level of development.
While the City prefers that property connect to its centralized water system, it also recognizes
the significant costs to property owners in doing so; as a result, the City may consider existing
on-site wells as adequate to serve the needs of the property. Factors the City will consider in
an Area Plan include, primarily, whether property proposed for annexation has physical and
legal access to water and if owners have indicated to the City their potable water system is
not able to be used. Absent direct evidence a property’s well is not able to be used, the City
may consider the existence of a well as adequate for the supply of potable water.
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Some properties proposed for annexation may currently be served by a community water
supply system. Prior to annexation of these properties, the City will analyze whether such
existing water systems have significant deferred maintenance or any outstanding water quality
or other violations of law; if so, the City may determine such facilities are not adequate. If
such facilities are determined to be in compliance with existing State requirements, the City
may consider such facilities adequate. In such a case, the City may annex such properties
allowing such centralized systems to continue to operate under its existing management and
oversight structure.
The Riverside Water and Sewer District provides water service within the area of the
Riverside Annexation. Per the Interlocal Agreement approved by the City Commission on
December 14, 2021 the District will continue to provide water service after annexation.
Fire Protection
As noted above, at the time of annexation, the City must determine how to provide fire protection
services to areas proposed for annexation. The City will do so in the Area Plan. If property is
already developed at the time of annexation, the City may determine existing facilities are adequate
to provide service. As with other services, not all locations within the City have fire hydrants
installed to standards new development is required to meet. Factors the City must consider in
analyzing whether the City can provide adequate fire protection services include but are not limited
to: (i) the availability of mutual aid from another fire protection agency; (ii) the proximity of
existing hydrant systems with adequate flow and pressure; (iii) if known, the fire protection status
of buildings that may exist on the property proposed for annexation (e.g., sprinkler systems); and
(iv) response times. Notwithstanding the above, the City may consider existing facilities adequate
for fire protection even if the nearest fire hydrant is further from a property than existing city
development standards require.
Law Enforcement
Currently, the City considers its law enforcement services sufficient to serve most property
proposed for annexation. The City recognizes that with significant growth in calls for service from
newly annexed areas the City may need to increase its capacity through additional officers and
additional capital investments to support the work of the officers. The City has determined that
law enforcement services are adequate to meet the demands of the properties proposed for
annexation with the Riverside Annexation.
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AREA PLAN FOR THE EXTENSION OF SERVICES TO THE RIVERSIDE
ANNEXATION
Map of the boundaries of the area to be annexed: See Exhibits A and B attached.
The area is located within the Riverside Water and Sewer District (District). The District has
provided water and sewer services for several decades. The City and District entered into an
interlocal agreement addressing the transition of services on December 14, 2021, agenda item
G.3. The interlocal agreement is incorporated into this extension of service plan by this
reference.
The area is currently located within the service area of the Central Valley Fire District. Upon
annexation fire services will be provided by the Bozeman Fire Department on the same basis as
other properties in the City. Law enforcement is presently provided by the Gallatin County
Sheriff’s Department. After annexation law enforcement services will be provided by the
Bozeman Police Department on the same basis as other properties in the City. Solid waste
collection is presently provided by private providers. Annexation will not change availability of
private haulers but will make City of Bozeman solid waste services available to property owners
who wish them on the same basis as other properties in the City. Stormwater control in the area
is provided by bioswales along the existing road surfaces. Access to general governmental
services such as parks, library, city clerk, and others will be on the same basis as other Bozeman
citizens.
The City has determined that the Riverside Annexation meets the requirements of Sections 7-2-
4734 and 7-2-4735, MCA. The annexing property is contiguous, the City is annexing the entire
width of right of way and land adjacent to the local streets. The annexation conforms to the
growth policy as shown in the annexation and zone map amendment staff report. The City will
coordinate the effective date of the annexation to enable a smooth transition of emergency and
other governmental services.
659
Ord 2096
Page 1 of 7
ORDINANCE 2096
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 13.113 ACRES AS R-1, RESIDENTIAL LOW DENSITY DISTRICT, 28.176
ACRES AS R-2 RESIDENTIAL MODERATE DENSITY DISTRICT, AND 11.746 ACRES
AS R-4 RESIDENTIAL HIGH DENSITY DISTRICT, THE RIVERSIDE ZONE MAP
AMENDMENT, APPLICATION 21426
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned the
duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Division 38.260 of the Bozeman Unified Development Code sets forth the
procedures and review criteria for zoning map amendments; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
its capacity as the Zoning Commission held a public hearing on January 24, 2022 to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Community Development Board in its capacity as Zoning
Commission recommended to the Bozeman City Commission that application No. 21426 the
Riverside Zone Map Amendment, be approved as requested by the applicant; and
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 2 of 7
WHEREAS, after proper notice, the City Commission held its public hearing on February
8, 2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment is in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. A Zoning Commission has been established as required in state law and it conducted the
required public hearing; and after consideration of application materials, staff analysis and
report, and all submitted public comment recommended approval of the requested R-1, R-
2, and R-4 districts. The recommendation of the Zoning Commission was provided to the
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 3 of 7
City Commission prior to the City Commission public hearing.
7. The City Commission conducted a public hearing on February 8, 2022 to provide all
interested parties the opportunity to provide evidence and testimony regarding the proposed
amendment prior to the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
21426 the Riverside Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-1, Residential Low Density District:
The property is 13.113 acres described as:
Those portions of Sections 23, and 26, in Township 1 S. Range 5 E., Principle Meridian of
Montana, in Gallatin County, Montana, more particularly described as follows:
Tract 1, Tract 2, and Tract 3 of Certificate of Survey No. 3030, as shown on Document No.
2698796;
And the tract of land dedicated parkland and access from the Park to Gallatin Dr. as shown on
Certificate of Survey No. 674, film 48, page 2014.
All as depicted on the Riverside Zone Map Amendment Map.
Section 3
That the zoning district designation of the following-described property is hereby established as
R-2, Residential Moderate Density District:
The property is 28.176 acres described as:
Those portions of Sections 23, 25, and 26, in Township 1 S. Range 5 E., Principle Meridian of
Montana, in Gallatin County, Montana, more particularly described as follows:
Lots 1 through 9, inclusive, of Block 1 of Riverside Manor Subdivision; the Park in between
Block 1 and Riverside Drive of Riverside Manor Subdivision; Lots 1 through 50, inclusive, of
Block 2 of Riverside Manor Subdivision; the platted rights of way for Riverside Drive and Park
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 4 of 7
Plaza Road of Riverside Manor Subdivision; remaining platted access tracts and access gaps as
shown on the Riverside Manor Subdivision plat G-36.
All as depicted on the Riverside Zone Map Amendment Map.
Section 4
That the zoning district designation of the following-described property is hereby established as
R-4, Residential High Density District:
The property is 11.746 acres described as:
Those portions of Sections 26, in Township 1 S. Range 5 E., Principle Meridian of Montana, in
Gallatin County, Montana, more particularly described as follows:
Lots 101A, 101B, 101C, and 101D of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-A;
Lots 102 A-1, 102 B-1, 102 C-1, and 102 D-1 of the Amended Subdivision Plat of Riverside
Greens as shown on plat J-57-K;
Lot 4 of Block 4 of Riverside Manor Subdivision as shown on plat G-36;
Lots 105A-1, 105B-1, and 105C-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-E;
Lots 105E-1 and 105F-1 of the Amended Subdivision Plat of Riverside Greens as shown on plat
J- 57-M;
Lots 107A-1, 107B-1, and 107C-1, of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-L;
Lots 109A, 109B, 109C, and 109D, of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57;
Lots 1 through 4, inclusive, of the Amended Plat of a Portion of Block 4 of Riverside Manor
Subdivision as shown on plat G- 36-C;
Lots 112 A-1, 112 B-1, and 112C-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-G;
Lot 112D-1A of the Amended Subdivision Plat of Riverside Greens as shown on plat J- 57-I;
Lots 113A-1, 113B-1, 113C-1, and 113D-1 of the Amended Subdivision Plat of Riverside
Greens as shown on plat J- 57-F;
Lots 114A-1, 114B-1, and 114C-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-H;
Lots 116A-1, 116B-1, and 116C-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J- 57-N;
Lots 1A and 1B of the Riverside Manor Subdivision Plat Amendment as shown on plat No. G-
36-B;
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 5 of 7
Lots 2A-1, 2B-1, and 2C-1 of the Amended Subdivision Plat of Riverside Greens as shown on
plat J- 57-D;
Lots 3A-2, 3B-1, and 3C-1 of the Amended Subdivision Plat of Riverside Greens as shown on
plat J- 57-P;
Lots 5A-1, 5B-1, 5C-1, and 5D-1; together with the access area added to the existing access tract,
all on the Amended Subdivision Plat of Riverside Greens as shown on plat J-57-O;
Lots 7A-1, 7B-1, 7C-1, and 7D-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-C;
Lots 8A-1, 8B-1, 8C-1, and 8D-1 of the Amended Subdivision Plat of Riverside Greens as
shown on plat J-57-J;
Lots 10A, 10B, 10C, and 10D of the Amended Subdivision Plat of Riverside Manor as shown on
plat G-36-D;
Lots 11A, 11B, 11C, and 11D of the Amended Subdivision Plat of Riverside Greens as shown on
plat J-57;
And the platted rights of way for Gallatin Drive of Riverside Manor Subdivision and remaining
platted access tracts and access gaps as shown on the Riverside Manor Subdivision plat G-36.
All as depicted on the Riverside Zone Map Amendment Map.
Section 5
That the zoning district designation of the right of way within the Riverside Annexation,
Resolution 5355, is hereby established:
All that right of way not otherwise included in Sections 2-4 shall be zoned in
accordance with the guidelines for zoning boundaries in Section 38.300.050,
BMC which directs extension of the area of adjacent zoning districts to the
centerline of Springhill Road.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 7
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 6 of 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 8th day of February, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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Ordinance No. 2096, Riverside Zone Map Amendment
Page 7 of 7
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is 30 days after final
adoption of this Ordinance or the effective date of Resolution 5355 whichever is later.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
666
667
Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Anna Bentley, Community Development Deputy Director
SUBJECT:Billings Clinic Annexation and Zone Map Amendment Requesting 4.239 Acres
of B-2 Zoning, Located Southeast of the Intersection of Davis Lane and
Westlake Road, Application 20132
MEETING DATE:February 8, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I
hereby adopt the findings related to annexation presented in the staff report
for application 20132 and move to approve the Billings Clinic Annexation
with recommended terms of annexation, and direct staff to prepare an
annexation agreement for signature by the parties.
Zoning Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt
the findings related to zoning presented in the staff report for application
20132 and move to approve the Billings Clinic Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The application proposes an initial designation for roughly 4.239 acres of B-2
zoning. The total acreage for zoning includes the adjacent Davis Lane right-
of-way. The zone map amendment application does not authorize any
construction. Prior to any further development of the site, a subdivision or
site plan application (or both) must be submitted, reviewed against all
applicable development criteria, and approved. Any development proposal
must demonstrate compliance with City standards and adequate
infrastructure (such as streets, water, parks, and sewer) to meet needs of
the development.
Application materials – Available through the Laserfiche archive.
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UNRESOLVED ISSUES:N/A
ALTERNATIVES:1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No fiscal effects have been identified. No presently budgeted funds will be
changed by this Zone Map Amendment.
Attachments:
20132 Billings Clinic ANNX ZMA CC SR.pdf
20132 Billings Clinic ANNX Post Notice Revised.pdf
Comment_ResponseLetter_090221.pdf
Doc_2716624_Public_Street_Esmt.pdf
Doc_2716625_Utility_Esmt.pdf
SID_Waiver_NotSigned_090121.pdf
Annexation_Zoning_Updated_090121.pdf
BillingsClinic_RC.pdf
CILWR_Email_083121.pdf
ZMA_Exhibit_090121.pdf
AnnexationMap__090121.pdf
Report compiled on: January 25, 2022
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20132 Staff Report for the Billings Clinic Annexation & ZMA
Public Hearings: Community Development Board (map amendment only) January 24, 2022
https://bozeman.granicus.com/player/clip/225?view_id=1&redirect=true
City Commission (Annexation and map amendment) February 8, 2022
Project Description: Annexation of 4.239 acres and amendment of the City Zoning Map for
the establishment of a zoning designation of B-2 (Community Business District)
Project Location: The property is generally located on the east side of Davis Lane, south of
the intersection of Davis Lane and Westlake Road. The legal description of the
property is Lot 2A-1 of Minor Subdivision 221F, Bozeman, MT. The annexation and
zone map amendment would also apply to the street adjacent to the property.
Recommendation: Meets standards for approval with contingencies.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20132 and move to recommend approval
for the Billings Clinic Zone Map Amendment, with contingencies required to complete
the application processing.
City Commission Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings related to annexation presented in the staff report for application 20132
and move to approve the Billings Clinic Annexation with recommended terms of
annexation, and direct staff to prepare an annexation agreement for signature by the
parties.
City Commission Zoning Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings related to zoning presented in the staff report for application 20132 and
move to approve the Billings Clinic Zone Map Amendment, with contingencies
required to complete the application processing.
Report: January 25, 2022
Staff Contact: Jacob Miller, Associate Planner
Agenda Item Type: Action – Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
Project Summary
The applicants and property owners, Billings Clinic, seek to annex 4.239 acre parcel into the
City limits and establish initial zoning of B-2, Community Business District. The property is
currently zoned “Agricultural Suburban” within the county and is currently used as agricultural
land. Cattail creek runs through the property and will be very limiting to potential development
on the property. The adjacent Davis Lane road rights-of-way will be annexed with this
application.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
• Bozeman Community Plan 2020
• Gallatin County/Bozeman Area Plan – County neighborhood plan
• Transportation Master Plan 2017 – City transportation plan
• Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
• Water Facility Plan 2017 – City’s plan for water system operations and expansion
• Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
Written Public Comment
No public comment was received on this application.
Zoning Commission
The Zoning Commission held a public hearing on January 24, 2022 before making a
recommendation on the proposed zoning. After consideration of the application materials,
staff report, and discussion, a motion to recommend approval was offered, seconded and
approved unanimously.
https://bozeman.granicus.com/player/clip/225?view_id=1&redirect=true
City Commission Alternatives
1. Approve the application with contingencies as presented;
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2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Written Public Comment .................................................................................................... 2
Zoning Commission ............................................................................................................ 2
City Commission Alternatives ............................................................................................ 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 – ADVISORY COMMENTS ............................................................................ 10
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 11
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 21
Spot Zoning Criteria ......................................................................................................... 28
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 30
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 30
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 33
FISCAL EFFECTS ................................................................................................................. 33
ATTACHMENTS ................................................................................................................... 33
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SECTION 1 - MAP SERIES
Project Vicinity Map - Zoning
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Project Vicinity Map – Current Land Use
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Project Vicinity Map - Community Plan 2020 Future Land Use Map
Zone Amendment Map
Community
Commercial
Mixed-Use
P
Not
annexed
R-3
R-4 676
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services. These terms of annexation are incorporated into the annexation agreement included
with the City Commission packet materials.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as the
“The Billings Clinic Bozeman Campus Annexation”.
2. An Annexation Map, titled “The Billings Clinic Bozeman Campus Annexation Map” with a
legal description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation Agreement.
The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or
8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk &
Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to
the Director of Public Works and City Engineer’s Office, and must be submitted with the
signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from the
City to the applicant or annexation approval shall be null and void
4. The land owners and their successors must pay all fire, street, water and sewer impact fees at
the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
5. City of Bozeman Resolution 5076, Policy 1– Right-of-way must be provide with the
annexation consistent with the City collector and arterial street standards for the surround
streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The applicant
should consult the City of Bozeman Design Standard and Specification Manual and
Transportation Master Plans for the required right-for-way.
a) The applicant must provide either the proposed Right-of-way (ROW) or a City
standard public street and utility easement for the same extents for Davis Lane which
falls within the property per the City’s Transportation Master Plan Appendix K
Pages 142-143, approximately 20 feet extending from the existing county road
easement.
6. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts for the following, if not already filed:
a) Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk,
lighting and storm drainage
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b) Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
lighting and storm drainage
c) Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting and
storm drainage
d) Street improvements to West Lake Road including paving, curb/gutter, sidewalk, lighting
and storm drainage
e) Intersection improvements to East Valley Center Road and North 27th Avenue
f) Intersection improvements to East Valley Center Road and Davis Lane
g) Intersection improvements to East Valley Center Road and Catamount Street
h) Intersection improvements to Catamount Street and North 27th Avenue
i) Intersection improvements to Catamount Street and Davis Lane
The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction
with the annexation, a waiver of right-to-protest creation of Special Improvement Districts
for a City-wide Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
7. The Annexation Agreement must include notice that, prior to development, the applicant will
be responsible for installing any facilities required to provide full municipal services to the
property in accordance with the City of Bozeman’s infrastructure master plans and all city
policies that may be in effect at the time of development.
8. The applicant must properly abandon the existing on-site septic tank and leach field prior to
connection to the City sanitary sewer system. The applicant must report the abandonment to
the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant
must report the abandonment to the Gallatin City County Health Department. In addition to
abandonment of the septic tank and leach field, the applicant must demonstrate that the
sanitary sewer service to the septic tank has been completely disconnected from the old
septic system prior to connection to the City sanitary sewer system.
9. The applicant must contact Brian Heaston with the City Engineering Department to obtain an
analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount
must be paid prior to annexation.
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SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “The Billings Clinic Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “The Billings Clinic Zone Map Amendment”, of the area to be zoned, as a PDF acceptable to the Director of Public
Works, which will be utilized in the preparation of the Ordinance to officially amend the
City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 – ADVISORY COMMENTS
1. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
2. BMC 38.410.130 – An additional transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights will likely be required upon future development.
3. Prior to future development or redevelopment the applicant should contact Northwestern
Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions
with NWE suggests the presents of a high pressure gas main in the vicinity.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the annexation. The DRC did not make a formal recommendation and did not express concerns with annexation of the property.
The City Commission will hold a public meeting on the annexation on February 8, 2022. The
meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The Billings Clinic Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 20132.
The Development Review Committee (DRC) considered the amendment. The DRC identified
did not identify any infrastructure or regulatory constraints that would impede the approval of
the Zone Map Amendment application.
The Zoning Commission will hold a public hearing on this ZMA on January 24, 2022 and will
forward a recommendation to the City Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on February 8,
2022. The meeting will begin at 6 p.m. The meeting will conducted through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
When reviewing applications for annexation, the advisory boards and City Commission must
consider the following goals and policies. When determining whether the goals and policies
are met, Staff considers the annexation application, recommended Terms of Annexation, and
the standards which will be applicable to future development. References in the text of this
report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal
Code.
The City Commission adopted Resolution 5076 to identify how the City addresses the
requirements of state law for annexation and to further identify local priorities that should be
addressed in conjunction with annexation. The decision of the City Commission for this
application is that the annexation is or is not consistent overall with and advances the City’s
goals and policies.
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Commission Resolution No. 5076
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
This criterion is met. The property in question is contiguous to the City on two sides.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
This criterion is not met. This property is not wholly surrounded.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
Not Applicable. The subject property is not currently contracting for services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
This criterion is met. The subject property lies within the planned service area of the
municipal water, sewer, and park services.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
Yes. As shown in the maps in Section 1, the subject property is planned as Regional
Commercial and Services. See the discussion under Criterion A of Section 6 of this report for
more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
This criterion is met. The subject property will extend the City boundaries along Davis Lane
and remove a gap between City properties.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
This criterion is met. The applicant will dedicate and improve a portion of Davis Lane
adjacent to their property to City standard minor arterial classification. Annexation itself does
not require immediate construction of road improvements. Provision of right of way is
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required as part of the annexation process. Acquisition of right of way is an essential step in
enhancing the transportation system.
See also discussion under Section 5, Policy 7, and Section 6, Criterion F.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
This criterion is neutral. The subject property is 4.239 acres but will provide the Billing
Clinic campus with additional access to the site which will enhance emergency response.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
This criterion is met. After annexation, the subject property will be bound to the provisions
of 38.410.130. Section 38.410.130 requires evaluation of water adequacy and provision of
water if needed at time of development. The municipal code section requires water rights or
an equivalent to be provided. Exact timing and amounts will be evaluated during
development review. There are several methods to address the requirements of 38.410.130.
The Annexation agreement will provide notice of this requirement, see Terms of Annexation
No. 8. The landowner will consent to this requirement by signature on the Annexation
Agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
This criterion is met. The subject property is located within the City’s planned water and
sewer service area. The applicant proposes zoning for future development of commercial
uses and accessory residential uses. The property does not have any existing structures but
does contain a septic system that was used by the residence to the north.
Terms of Annexation 8 address the termination of the existing on-site septic system and well.
Exact timing will depend on the sequencing of future development. The City’s water and
sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 7,
the Annexation Agreement will require the applicant to design extensions of services to meet
the City’s adopted infrastructure standards. These include provisions for minimum water
pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other
standards necessary to protect public health and safety and ensure functional utilities as
established in 38.410.070 and Chapter 40, BMC.
The City’s long range utility planning considers locations for new or expanded piping for
water and sewer services. The site is located within the planned service boundaries. The
adopted water and sewer plans call for service to this area. Water and sewer services are
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already provided to adjacent property. See the following maps for location of existing water
and sewer lines near the subject property.
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Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
This criterion is met. The recommended Terms of Annexation include requirements for
provision of right of way for Davis Lane, a minor arterial. No additional right of way needs
were identified. See Terms of Annexation 5. Dedicated Streets or public street and utility
easements provide locations for municipal water and sewer mains. Waivers of right to protest
special improvement districts are included in Term of Annexation 6 for streets likely affected
by the future development of the property. Special improvement districts are a means of
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funding larger infrastructure improvements over time and coordinating between multiple
parties.
Additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards in Article 38.4, Community
Design, and elsewhere. Exact locations will be determined by further technical analysis and
site design. Standards for minimum sizes, standard placement, minimum flow capacity and
pressures, and continuation to adjacent properties are part of the adopted rules.
The City’s water facility plan establishes pressure zones to manage both high and low water
pressures. Any future development must demonstrate the ability to provide adequate water
flow and pressure after completion of construction. Design plans must address impacts to the
water system locally and overall.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
This criterion is met. The subject property is planned for Regional Commercial and Services.
No change to the growth policy is required. The application includes a request for initial
zoning of B-2 Community Business District. See Section 6 - Zone Map Amendment portion
of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
This criterion is met. The subject property is planned for Regional Commercial and Services.
No change to the growth policy is required. The application includes a request for initial
zoning of B-2 Community Business District which is an implementing zoning district of the
Regional Commercial and Services land use designation. See Section 6 - Zone Map
Amendment portion of this report for analysis of the zone map amendment criteria. No
changes to the growth policy are required.
Policy 4: Initial zoning classification of the property to be annexed will be
determined by the City Commission, in compliance with the Bozeman Growth Policy
and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
This criterion is met. The property proposed for annexation requests a zoning designation of
B-2. See Section 6 - Zone Map Amendment section of this report for review of the zoning
criteria. The Zoning Commission held a public hearing on January 24, 2022. A unanimous
vote for a recommendation of approval to the City Commission was made. See the discussion
under Section 6 and the Executive Summary.
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Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee immediately available services or approval of a specific
development. Section 38.300.020.C of the Unified Development Code states:
“Placement of any given zoning district on an area depicted on the zoning map indicates
a judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use
prior to the completion of the appropriate review procedure and compliance with all of
the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
This criterion is met. The applicant has requested B-2, Community Business District.
Policy 6: Fees for annexation processing will be established by the City Commission.
This criterion is met. Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
This criterion is met. Primary access will be provided from Davis Lane which is a paved road
on the edge of the City boundaries. Davis Lane is a minor arterial but has not been built out
to City standards because it is still a county road adjacent to the site. The applicant will be
responsible for dedicating and, upon future development, improving the portion of Davis
Lane adjacent to their property.
At this time, it is unknown which combination of improvements will be proposed with future
development. The Landowner will need to assemble a workable set of improvements to
offset anticipated increased demands before approval of any construction. The funding
package for future improvements is not finalized at time of annexation. As discussed under
Section 5, Goal 7.
After annexation, any future development on the site is subject to the City’s adopted
transportation standards in Article 38.4, the Transportation Master Plan, and the Design
Standards and Specification Policy. The focus of all three documents is public safety and the
provision of effective and efficient travel by multiple methods.
See also discussion under Section 5, Goal 7, and Section 6, Criterion F.
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Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
This criterion is met. Section 38.410.130 provides for deferral of transfer of water rights or
payment in lieu until time of development through the Annexation Agreement. At this time,
the details of future development needed to calculate the final demand for water are not
available. Therefore, Term of Annexation 9 to be included in the annexation agreement
requires the land owner to consent to a future payment or other approved option when the
necessary information is provided and development proposed. This typically occurs at the
time of subdivision or site plan review depending on the nature of future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
This criterion is met. The area proposed for annexation is contiguous with properties within
City limits on two sides. City emergency services can be extended to the annexation area on
the same basis as existing adjacent development. The site is presently served by the City of
Bozeman Fire Department.
As shown above, the site is located within the City’s planned water and sewer service area.
Future development will require extension of municipal water to support fire suppression and
potable water. An analysis of the water and sewer system providing evidence that adequate
water pressure and sewer flow can be provided will be required with subsequent
development The annexation agreement includes requirements for additional analysis and
design reports at the time of development review when greater information is available on the
nature of proposed development.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
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disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
This criterion is met. This policy is to address circumstances such as emergency connections
to City sewer services due to a failed on-site septic system. The property is not currently
provided City services. No emergency connection is requested.
The property owner is seeking annexation. City services will be required to be provided
concurrent with future development. See Terms of Annexation 7-9 related to this policy. See
also Section 5, Policy 18.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
This criterion is met. Mapping to meet the requirements of the Director of Public Works must
be provided with the Annexation Agreement. Typically, this includes a digital copy
containing the metes and bounds legal description of the property. The annexation includes
the existing width of Davis Lane, as required by state law, which is not within the metes and
bounds description of a recorded tract. Therefore, an annexation map is required to include a
metes and bounds description of the entire area to be annexed. Mapping requirements are
addressed in Recommended Term of Annexation 2. A preliminary annexation map is
included in the application materials.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This criterion is met. This annexation does not trigger immediate payment of fees. The
Annexation Agreement will provide notice of obligations to pay impact fees at times and
amounts as required in ordinance. See Term of Annexation 4., Chapter 2, Article 6, Division
9 are the City’s impact fee regulations.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
This criterion is met. Notices of the public hearing have been mailed, published in the
Bozeman Daily Chronicle, and posted on the site as required under this policy. See Appendix
A for more details.
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Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This criterion is met. This policy will be implemented only if the Commission acts to grant
preliminary approval of the annexation. If preliminary approval is granted, Staff will prepare
an annexation agreement to be executed within 60 days of distribution by the City.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This criterion is met. State law authorizes several methods of annexation. Title 7 Chapter 2
Part 46, MCA is one of those methods. Part 46 is annexation at the request of the landowner.
This annexation is being processed under Part 46 provisions. As noted in Section 7-2-4609,
Applicability of Part, when an annexation is processed under Part 46 only the provisions of
Part 46 apply to the review.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Not Applicable. No road improvement district is associated with Davis Lane or any part of
this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
This criterion is met. The listed agencies were notified and provided copies of the annexation
application materials.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
This criterion is met. Future development of the property will require extensions of water and
sewer mains. Terms of annexation require connection to municipal water and sewer at the
time they are close enough. In conjunction with future connection the septic system must be
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properly abandoned and the well disconnected from the domestic supply. Terms of
Annexation 7-8 address these issues.
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
This criterion is met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for
Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304
MCA are applied locally. Application of the criteria varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a
zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
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“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Regional Commercial and Services through the recent modification of the
FLUM to correctly designate the FLU of the property. The Regional Commercial and Services
designation description reads:
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these
developments, location, and transition between lower-density uses is important.
Residential space should be located above the first floor to maintain land availability for
necessary services. Development within this category needs well-integrated utilities,
transportation, and open space networks that encourage pedestrian activity and provide
ready-access within and adjacent to development. Large community scale areas in this land
use category are generally 75 acres or larger and are activity centers for several surrounding
square miles. These are intended to service the overall community as well as adjacent
neighborhoods and are typically distributed by a one-to two-mile separation.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, the B-2 district is an implementing district of the Regional
Commercial and Services.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Relevant
goals and objectives have been identified by staff. Conflict with the text of the growth policy
has not been identified.
Goal DCD-1: Support urban development within the City.
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The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested B-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Municipal infrastructure is installed in the adjacent roadway and has capacity
accommodate additional development.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property is contiguous on the east and south property lines and will allow for the
expansion of the Billings Clinic Campus. The relatively small property size can be
conferred as incremental expansion.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is contiguous on the east and south property lines.
B. Secure safety from fire and other dangers.
This criterion is met. The 2017 Fire and EMS Master Plan shows this property within the
acceptable response reach of the Fire Department. Fire protection water supply will be
provided by the City of Bozeman water system. The property is not within any delineated
floodplain. Upon annexation the subject property will be provided with City emergency
services including police, fire and ambulance. The property will be required to conform to all
City of Bozeman public safety, building and land use requirements. The City provides
emergency services to adjacent properties and there will be no difficulty extending service to
this parcel. Many of the uses allowed within the requested B-2 zoning generally require
additional fire protection systems such as sprinklers.
C. Promote public health, public safety, and general welfare.
This criterion is met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the Bozeman Community Plan. The Billings Clinic
will provide essential medical services to the City and the region as a whole.
As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
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full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
This criterion is met. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for
zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address
public safety, etc. It is often difficult to assess these issues in detail on a specific
site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed by
new development. The City implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction. Private development must demonstrate compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
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38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review
procedure and compliance with all of the applicable requirements and development
standards of this chapter and other applicable policies, laws and ordinances. It is also
not a guarantee of immediate infrastructure availability or a commitment on the part
of the city to bear the cost of extending services.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property in the Davis Lane right-of-way and the terms of annexation
require the applicant to connect to municipal services and install any facilities required to
provide full municipal services to the property.
E. Reasonable provision of adequate light and air.
This criterion is met. The B-2 zoning designation has requirements for setbacks, height, and
lot coverage, which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
This criterion is met. The proposed B-2 zoning designation will have a positive effect on the
City’s motorized and non-motorized transportation systems. The adjacent right of way of Davis
Lane will be included in the annexation of the property and will require that future
developments on the property will construct their portion to City street section standards.
Annexation and future development will require these minimum standards to be constructed
improving the transportation system and safety for all users.
Terms of annexation require dedication of right-of-way along Davis Lane necessary for
completion of a Collector cross section roadway. Minor Arterial streets require 100 feet of
right-of-way.
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protest special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
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On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
G. Promotion of compatible urban growth.
This criterion is met. Individuals may have widely varying opinions about what constitutes
compatibility. Compatible development and Compatible land use are defined in Article 38.7
BMC to establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
The proposed B-2 zoning is primarily a commercial district that allows for some accessory
residential uses. The inclusion of this property into City limits and the accompanied zoning
will provide additional land to be developed for the Billing Clinic campus which will provide
regional medical services immediately adjacent to an R-4 district and other higher density
residential zones. The close proximity has the ability to provide an area with many employment
opportunities near high density neighborhoods.
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The close proximity to main corridors and I-90 will allow convenient access from within the
City and the greater region, reducing the impact on existing infrastructure. This area of
Bozeman is burgeoning into a major commercial center with a variety of goods, services, and
employment opportunities which are compatible with the zoning proposed with this
application.
H. Character of the district.
This criterion is met. The intent of the B-2 district is “..to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides
by limited access arterial streets.” The proposed zoning for this property furthers the goals of
the B-2 district by providing the supportive commercial uses adjacent to other commercial
areas and along a minor arterial.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character.
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the B-2 district to uphold the character of the area.
I. Peculiar suitability for particular uses.
This criterion is met. The property is located in a rapidly developing commercial center
surrounded by high density residential developments. The property is located along a main
arterial which is supported in the intent statement of the B-2 district as well as within the
Bozeman Community Plan 2020. The area is well suited for the addition of B-2 zoning.
J. Conserving the value of buildings.
This criterion is met. Any future development on the property will be subject to standards in
the B-2 zoning district which will ensure the conservation of adjacent building values including
but not limited to standards set forth in the Unified Development Code for fire safety, setbacks,
buffers and building heights, which will help alleviate any potential negative impacts to the
values of adjacent buildings as a result of future development on the subject property.
Therefore, this criterion is met.
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K. Encourage the most appropriate use of land throughout the jurisdictional
area.
This criterion is met. As discussed in Criteria A above, this property has been planned for
commercial uses. The proposed B-2 zoning designation will encourage the most appropriate
use of land as the property is surrounded the rest of the Billing Clinic development to the east
and residential developments to the south which will support additional commercial
development. Furthermore, the proposed B-2 zoning designation is consistent with the
Bozeman Community Plan’s future land use map designation of “Regional Commercial and
Services.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in
the area?
This criterion is not met. The B-2 zoning designation is primarily commercial and will be
incorporated into the existing B-2 zoning that is adjacent to the east. The developments to the
south are primarily higher density residential which are different than the proposed B-2 but
development standards and regulations prevent any potential hazards between differing
districts. This proximity is seen throughout the City.
Therefore, staff finds that this criterion is not met.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
This criterion is met. The application is submitted by one landowner in conjunction with
annexation of the single 4.239 acre property. Although the City supports multiparty
annexation applications, landowner annexation of single properties are the most frequent
annexations.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
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3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
This criterion is not met. While the applicant/landowner will directly benefit from the proposed
zone map amendment, the proposed amendment is not at the expense of surrounding
landowners or the general public. As discussed above in the various review criteria above, no
substantial negative impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of any buildings.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in the various review criteria above, no substantial negative impacts or hazards
are identified due to this amendment which cannot be resolved or mitigated through other City
standards, policies or regulations. Although the zoning map is changing, the associated Terms
of Annexation, and the development standards referenced throughout the analysis of the zone
map amendment will limit impacts of new development and avoid expense to the general
public or surrounding landowners. When looking at the City as a whole, Bozeman is in need
of additional housing to meet increased demand for a variety of housing options.
The City Commission has adopted legal documents by which land uses and development
patterns are determined within city limits. The Unified Development Code (UDC), along with
the growth policy (BDC 2020) provide the guiding framework that governs what growth looks
like in our community. These documents go through numerous iterations as the knowledge and
understanding of development principles evolve, and as the needs of our community change.
The UDC establishes technical requirements that dictate the layout of subdivisions, the
placement and height of buildings, the width of driveways, allowable land uses, and a plethora
of other development requirements that shape the fabric of the community, and protect the
safety of its members. The growth policy is a visionary document that contains the long term
goals of the City for the next 20 years. These goals were crafted based on current growth and
development trends, contemporary planning theory, and through a robust public engagement
process that spanned the course of several years.
The layered dynamic of the two policy documents creates the ability for our community to
begin with large scale ideas about community growth and needs and distill them down into a
technical guide for how that growth and development can physically occur. The goals and
themes of the growth policy informs the technical content of the UDC which contains
provisions whose main focus is protecting the health, safety, and general welfare of the
community. This dynamic ensures that locations and standards of zoning districts are a benefit
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to the community as a whole and do not benefit only one landowner. As noted in Section 6,
Criterion A, the proposed application is in accordance with the growth policy
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
person may in writing withdraw a previously filed protest at any time prior to final action
by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on January 9th, 16th, and 23rd, 2022.
The site was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was or will be provided at least
15 and not more than 45 days prior to any public hearing.
As of the writing of this report on January 20, 2022, no written comments have been received
on this application.
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APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Regional Commercial and Services” in the Bozeman
Community Plan 2020.
1. Regional Commercial and Services.
“Regionally significant developments in this land use category may be developed with
physically large and economically prominent facilities requiring substantial infrastructure
and location near significant transportation facilities. Due to the scale of these developments,
location, and transition between lower-density uses is important. Residential space should be
located above the first floor to maintain land availability for necessary services. Development
within this category needs well-integrated utilities, transportation, and open space networks
that encourage pedestrian activity and provide ready-access within and adjacent to
development. Large community scale areas in this land use category are generally 75 acres or
larger and are activity centers for several surrounding square miles. These are intended to
service the overall community as well as adjacent neighborhoods and are typically distributed
by a one-to two-mile separation.”Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, “Community Business District” in association with
the annexation of the property. According to Sec. 38.300.100.B. of the Unified Development
Code, “The intent of the B-2 community business district is to provide for a broad range of
mutually supportive retail and service functions located in clustered areas bordered on one
or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and
apartments are allowed as a secondary use due to their complementary nature and ability to
enhance the walkability of these districts. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes, and/or areas served by transit.
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2 correlates with the Growth Policy’s future land use designation of
“Regional Commercial and Services.”
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Page 58 of the BCP 2020 – Implementing zoning districts for FLUM designations
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101
Applicant: Billings Clinic, 2800 10th Avenue North, Billings, MT 59101
Representative: Sanderson Stewart, 1300 North Transtech Way, Billings, MT 59102
Report By: Jacob Miller, Associate Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #20132, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=210944&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-132
702
REVISED
NOTICE OF A PUBLIC HEARING FOR AN ANNEXATION AND
ZONE MAP AMENDMENT APPLICATION
This application is evaluated against the criteria of Commission Resolution 5076 for annexation and the
municipal zoning criteria of state law, 76-2-304, Montana Code Annotated, which are contained in Section
38.100.040.C of the municipal code. Approval or contingent approval may be granted if the City
Commission determines all criteria are met.
The public may comment orally at the public hearings or in writing at or prior to the public hearings
regarding compliance of this application with the required criteria. Comments should identify the specific
criteria of concern along with facts in support of the comment. During the notice period the City will
continue review for compliance with applicable regulations.
Project Name: Billings Clinic Annexation and Zone Map Amendment Application: 20132
Summary: 4.239 acres and Zone Map Amendment application on April 29, 2020 requesting annexation
and initial zoning designation for roughly 4.239 acres of B-2 (Community Commercial) and a portion of
Davis Lane right of way.
Parcel size: 4.239 acres and
adjacent right of way
Location: Westside of Davis Lane and SW of the intersection
of Davis and Westlake
Legal Description Lot 2A-1 of Minor Subdivision 221F, City of Bozeman, Gallatin County, Montana
Noticing:
Public Comment
Period
1/9/2022 to
2/8/2022
Newspaper Legal Ad
1/9/2022
1/16/2022, and
1/23/2022
Site Post
1/8/2022
Adjacent Owners
Mailed
1/8/2022
Advisory
Board:
Board
Zoning Commission (for zone map
amendment only)
Meeting Date
Monday, January 24, 2022 at 6:00 PM via
WebEx.
(Instructions for participating in the e-
meeting will be included on the meeting
agenda which is published on the City’s
website at least 48 hours prior to the
meeting. The agenda is available in the
Meetings and Events portion of the City’s
website at
https://www.bozeman.net/home)
Decision:
Authority and Decision
The City Commission public hearing and decision is scheduled for Tuesday, February
8, 2022 at 6:00 PM via WebEx. (Instructions for participating in the e-meeting will be
included on the meeting agenda which is published on the City’s website at least 48
hours prior to the meeting. The agenda is available in the Meetings and Events portion
of the City’s website at https://www.bozeman.net/home)
703
At the City Commission’s public hearing the City Commission may act to approve, modify, or reject
the proposal or continue the public hearing to another date. The City Commission may revise any
of the proposed actions referred in this notice during the public hearing process.
The City will accept written protests from property owners against the proposal referred to in this
notice until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA,
a protest may only be submitted by the owner(s) of real property within the area affected by the proposal
or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest
must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest
must: (i) contain a description of the action protested sufficient to identify the action against which the
protest is lodged (including the application number, 20132); and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to protest the action
against which the protest is lodged, including ownership of property affected by the action. Signers are
encouraged to print their names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be delivered to the
Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
Written comments may be directed to: City of Bozeman Department of Community Development, ATTN:
Jacob Miller, PO Box 1230, Bozeman, MT 59771-1230, or emailed to agenda@bozeman.net. Data on this
application are available at https://www.bozeman.net/government/planning/using-the-planning-map.
Select ‘Project Documents’ and navigate to application 20132. The full application may be reviewed in the
City of Bozeman Department of Community Development, Alfred M. Stiff Professional Building, 20 East
Olive Street, 582-2260. Please reference Application 20132 in any correspondence.
For those who require accommodations for disabilities, please contact the ADA Coordinator Mike Gray, at
582-3232 (voice), 582-2301 (TDD).
704
5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
705
September 2, 2021
Sarah Rosenberg, Associate Planner
Community Development Department – City of Bozeman
20 East Olive Street
Bozeman, MT 59715
Reference: Response Letter to City of Bozeman Comments – Billings Clinic Annexation and
Zone Map Amendment
Dear Sarah:
In response to your letter on June 17th, 2020, and the Engineering Division memorandum dated
June 16th, 2020, we have revised the application. Comments by City of Bozeman are provided in
black, while responses by Sanderson Stewart are provided in blue.
Section 1 – Recommended Contingencies Annexation
1. The documents and exhibits to formally annex the subject property must be identified as the
“The Billings Clinic Bozeman Campus Annexation”.
Response: The application documents reference “The Billings Clinic Bozeman Campus
Annexation”
2. An Annexation Map, titled “The Billings Clinic Bozeman Campus Annexation Map” with a
legal description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8
½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County
Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be
acceptable to the Director of Public Works and City Engineer’s Office and must be
submitted with the signed Annexation Agreement.
Response: The application includes the Annexation Map. Upon approval, a final map on
mylar will be provided to the City.
3. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from
the City to the applicant or annexation approval shall be null and void.
Response: The applicant acknowledges the timeline associated with the annexation.
706
Sarah Rosenberg
September 2, 2021
Page 2
4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at
the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
Response: The applicant acknowledges the fees to be paid at the time of future
development.
5. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts for the following, if not already filed:
• Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, lighting, and storm drainage
• Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Street improvements to Davis Lane including paving, curb/gutter, sidewalk, lighting,
and storm drainage
• Street improvements to West Lake Road including paving, curb/gutter, sidewalk,
lighting, and storm drainage
• Intersection improvements to East Valley Center Road and North 27th Avenue
• Intersection improvements to East Valley Center Road and Davis Lane
• Intersection improvements to East Valley Center Road and Catamount Street
• Intersection improvements to Catamount Street and North 27th Avenue
• Intersection improvements to Catamount Street and Davis Lane
Response: The required Waiver of Right to Protect document has been created and is
included as a draft with this submittal. The Waiver will be recorded prior to finalizing the
Annexation Agreement.
The applicant must execute at the Gallatin County Clerk & Recorder’s Office in conjunction
with the annexation, a waiver of right-to-protest creation of Special Improvement Districts
for a City-wide Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement.
Response: The required Waiver of Right to Protect will be recorded prior to finalizing the
Annexation Agreement.
6. The Annexation Agreement must include notice that, prior to development, the applicant
will be responsible for installing any facilities required to provide full municipal services to
707
Sarah Rosenberg
September 2, 2021
Page 3
the property in accordance with the City of Bozeman’s infrastructure master plans and all
city policies that may be in effect at the time of development.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
7. The applicant must properly abandon the existing on-site septic tank and leach field prior to
connection to the City sanitary sewer system. The applicant must report the abandonment
to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant
must report the abandonment to the Gallatin City County Health Department. In addition
to abandonment of the septic tank and leach field, the applicant must demonstrate that the
sanitary sewer service to the septic tank has been completely disconnected from the old
septic system prior to connection to the City sanitary sewer system.
Response: The Applicant acknowledges that the Annexation Agreement will include this
notice.
8. The applicant must contact Brian Heaston with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
Response: Brian Heaston was contacted regarding cash-in-lieu. Per his email response, any
cash-in-lieu of water rights would be paid at the time of development of the property. Not
cash-in-lieu will be required at the time of annexation.
Section 2 – Recommended Contingencies Zoning Map Amendment
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
Annexation Agreement is not approved, the Zone Map Amendment application is null and
void.
Response: The applicant acknowledges this contingency.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “The Billings Clinic Zone Map Amendment”.
Response: The applicant acknowledges this contingency, and all documents and exhibits
reference The Billings Clinic Zone Map Amendment.
708
Sarah Rosenberg
September 2, 2021
Page 4
3. The applicant must submit a zone amendment map, titled “The Billings Clinic Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. The map must contain a metes and bounds legal description of the perimeter
of the subject properties, zoning district, and total acreage of the property.
Response: The application includes the Zone Map Amendment. Upon approval, a final
map will be provided to the City.
Section 3 – Planning Comments
1. Resolution 5076 was approved and adopted by the City Commission on October 28, 2019
and supersedes Resolution 4400 revising and reestablishing goals and policies for landowner
initiated annexation of properties to the City of Bozeman. This resolution is attached to this
report. The applicant must revise their narrative to address all goals and policies not already
directly covered in the already provided checklist and narrative.
Response: The project narrative has been revised and updated to address all goals and
policies of Resolution 5076.
Section 4 – Engineering Comments
1. Bozeman Municipal Code (BMC) 38.410.060 Easements – Right-of-way must be provided
with the annexation consistent with the City collector and arterial street standards for the
surrounding streets per Bozeman Unified Development Code (UDC) 38.400.010.A. The
applicant should consult the City of Bozeman Design Standard and Specification Manual
and Transportation Master Plans for the required right-for-way.
a. The applicant must provide either the proposed Right-of-way (ROW) or a City
standard public street and utility easement for the same extents for Davis Lane which
falls within the property per the City’s Transportation Master Plan Appendix K
Pages 142-143, approximately 20 feet extending from the existing county road
easement.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
2. BMC 38.410.060 Easements – A minimum of a 10-foot utility easement must be provided
along the Davis Lane ROW, required in comment no. 1.a, for the extension of the dry
709
Sarah Rosenberg
September 2, 2021
Page 5
utilities. The utility easement must be provided using the City’s standard language prior to
Annexation. The applicant may contact the Engineering Division to receive a copy of the
utility easement template.
Response: The required easement was previously recorded. A copy of the recorded
easement document is included with this submittal.
Section 5 – Advisory Comments
1. Future Impact Fees - Please note that future building permit applications will require payment
of the required transportation, water, sewer, and fire impact fees according to the City of
Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you
desire an estimate of the required impact fees according to current rates, please contact the
Department of Community Development and/or visit www.bozeman.net.
2. BMC 38.410.130 – An additional transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights will likely be required upon future development.
3. Prior to future development or redevelopment, the applicant should contact Northwestern
Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions
with NWE suggests the presents of a high-pressure gas main in the vicinity.
Response: The applicant acknowledges the above Advisory Comments.
Please do not hesitate to contact me if you have any questions or need any additional information
for these submittal materials.
Sincerely,
Pat Davies, PE, CDP, LEED AP
Senior Engineer | Market Lead
710
AflerRecordi,RetumTo:
CityorBo·1an
121R eAve.
Bo manMT59715
Return to:
City d Bozernan 2716624
City Clerk Dirs;£j _¿]í;;í2°!!°iy M Fee 00
PO Box 1230
Bozeman,MT 5 .230
PUBLIC STREET EASF,MENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsideration,receiptof which is
acknowledged,grantsto The City of Bozeman,a municipal corporationof theStateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a perpetualnon-exclusivestreetand utilityeasement forthe use of theGRANTEE,
in,through and acrossa stripof land situatedinGallatinCounty,Montana,20 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,according to theofficialplaton fileintheofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon the attachedExhibitA,which by this
referenceismade a parthereof.
This easement isgrantedforthe purpose of constructing,reconstructing,maintaining,
operating,servicing,repairingand replacingwater,sanitarysewer,and storm drainageservices
across,under and through saidrealproperty,togetherwith therightof freeingressand egressat
alltimes by GRANTEE and assignsforsaidpurposes.Furthermore,thiseasement isgrantedto
thepublicforthepurpose of ingressand egressby vehicularand pedestriantrafficatalltimes.
The GRANTOR statesthatitpossessesthe realpropertydescribedabove and thatithas a
lawfulrighttograntan easement thereon,subjecttoothereasements,covenants and restrictions
of record.The easement isnot exclusive,and GRANTOR retainsthe rightto utilizetheeasement
areaand tograntuse rightstoothersin GRANTOR's solediscretion.
The GRANTOR furtheragrees thattheGRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR subjectto
GRANTOR's rightto utilizethe easement areaand togranteasement and use rightstoothersto
theextentsuch usesand rightsdo not unreasonably interferewith GRANTEE's use of the
easement as setforthherein.The GRANTEE willprovide reasonablenoticeof GRANTEE's
intentto use the easement (exceptin case of emergency).Following completion of work inthe
easement area,GRANTEE willas promptly as reasonablypracticablereturnthe propertyto
substantiallythe same conditionas existedpriortothebeginning of work,except for
appurtenances tothe underground linesand facilitieswhich are requiredtobe installedon or
above thesurface.
Any person or entityutilizingtherightsgrantedpursuantto thiseasement forthepurpose
of constructing,reconstructing,maintaining,servicing,repairingand replacingwater,sanitary
sewer,and storm drainageservicesagreesto utilizetheeasement area inaccordance with this
easement.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding upon
the heirs,executors,administrators,personalrepresentatives,successors,and assignsof theparties
hereto.
DATED this day of ,20&.
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 12/01/20mdb/bc
711
GRANTOR:BILLINGS CLINIC,A MO TANA
NONPROFIT C RP TI N
By:
Title:\
STATE OF MONTANA )
County of L
On thisc e day of hr onbeA/,20_@_.,beforeme theundersigned,aNotary
Public forthe Stateof Montana,personallya peared Y¼dr.-h hopb
known to me tobe the\/ùnRPeirleM cf Trel .hNb3 of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose name is subscribedtothe within instrumentand
acknowledged tome thathe executed thewithin instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAL)Notary licforthe StateofMontana
9.Y,ce BRITTANYCECll
AR/-f NOTARY PUBUC forthe
.Ñ :StateofMontana
SEAL :.ResídingatBilungs,Montana
.,,.My CommissionExpires
¢oy April06,2021
P:15063_02\legal\PubAccEasementSdwk.docx 2 11/²5/20mdb/bc
712
ACCEPTED:CITY OF BO7EMAN
By:
ty anager
ATTEST:
City Clerk .
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of ,20N,beforeme,a Notary Publicfor
the Stateof Montana,personallyappeared JEFF MlHELICH and MIKE MAAS,known to me to
be the City Manager and City Clerk,respectively,of the City of Bozeman and thepersonswhose
names are subscribedto the within instrument,and acknowledged to me thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
)
HEATHER B EN ENU
Notary Publicforthe Stateof Montana
OTA c fortheStateofMontana.Residinast:
SEAL.wi Bozernan,è amena
My CommissionExp;rès:,January26,2022
P:15063_02\Legal\PubSt&UtilEasement_Davis.docx 3 12/01/20mdb/bc
713
EXHIBIT A
PUBLIC STREET &UTILITY EASEMENT WITHIN
LOT 2A-1 0F MINOR SUBDIVISION #221F
PREPARED BY :SANDERSON8TEWART BOZEMAN,MONTANA
7RACT A-1,C.O.S.165A
E C U
ROAD EASEMENT
LOT 2A-1,MINOR SUB./221F
NEW 20'WIDE
PUBLIC STREET &
UTILITY EASEMENT
N EASEMENT
EASEMENT
E SEMENT
CATTAIL LAKE SUB.
**
R R M
Q 18972LS
NORTH
SCALE:1"=100',,,
15063_02_EASEMENT_BASE.DWG15063.02 10/28/20MDB
714
AfterRecording,R To:
CityofBozer
12]Rou ve.
Boz anMT 59715
Retum to:
City of Bozeman
City Clerk
2716625
Ê°
B"'23°
m sin an:t a°!utu'e"%R°°ozernan,MT 59771-1230
MHIHRIMElllE211XMlHMllEHilMlH
UTILITY EASEMENT
BillingsClinic,a Montana Nonprofit Corporation,P.O.Box 37000,BillingsMT 59107,
GRANTOR,inconsiderationof $1.00 and forothervaluableconsiderations,receiptof which is
acknowledged,grantstoThe City of Bozeman,a municipal corporationof the Stateof Montana,
with officesat 121 North Rouse Avenue,Bozeman,Montana,59715,GRANTEE,itssuccessors
and assigns,a non-exclusiveperpetualutilityeasement the use of each and every person,firm or
corporation,whether publicor private,providingor offeringtoprovide telephone,electricpower,
gas,intemet,cabletelevisionor othersimilarutilityor service,therighttothejointuse of an
easement for theconstruction,maintenance,repair,and removal of theirlinesand otherfacilities,
in,through,and acrossa stripof land situatedinGallatinCounty,Montana,10 feetwide,to be
locatedon thefollowingdescribedrealproperty:
Lot 2A-1 of Minor Subdivision221F,accordingto the officialplaton filein theofficeof
theclerkand recorderof GallatinCounty,Montana,under Document No.2674267.
This easement ismore particularlydescribedon theattachedExhibitA,which by this
referenceismade a parthereof.
The GRANTOR statesthatitpossessestherealpropertydescribedabove and thatithas a
lawfulrightto grantan easement thereon subjectto othereasements,covenants and restrictionsof
record.The easement isnotexclusive,and GRANTOR retainstherightto utilizetheeasement
area and to grantuse rightstoothersinGRANTOR's solediscretion.Nothing containedherein
shallgranteasement or otheraccessrightstothe generalpublic.
The GRANTOR furtheragreesthatthe GRANTEE may peaceably hold and enjoy the
rightsand privilegeshereingrantedwithout any interruptionby theGRANTOR.The
GRANTEE willnot unreasonably interferewith GRANTOR's use and operationof,and
accessto,GRANTOR's property.The GRANTEE willprovidereasonablenoticeof
GRANTEE's intentto use the easement (exceptincase of emergency).Following completion
of work inthe easement area,GRANTEE willas promptly as reasonablypracticablereturn
the propertytosubstantiallythe same conditionas existedpriortothebeginning of work,
except forappurtenancesto the underground linesand facilitieswhich are requiredtobe
installedon or above thesurface.
The terms,covenants,and provisionsof thiseasement shallextend to and be binding
upon the heirs,executors,administrators,personalrepresentatives,successors,and assignsof the
partieshereto.Any person or entityutilizingtherightsgrantedpursuanttothisPublicUtility
Easement agrees,by utilizingsuch rights,to be bound by the terms hereofand agrees to utilize
theeasement area inaccordance with thisPublic UtilityEasement.
DATED this day of e./,20h.
P:15063_02\legal\UtilityEasementdocx 11/25/20mdb/bc
715
GRANTOR:BILLINGS CLINIC,A MÖþTANA
NONPROF T ORP T10N
By·
Title:Ør
STATE OF MONTANA )
:ss
County of hu bby¼)
On this A day of Ú91 20 2D ,beforeme theundersigned,a Notary
Public forthe Stateof Montana,personallyappeared VM ihhs hop\e.an
known tome tobe the tohe&\edt Nd of BillingsClinic,a Montana
Nonprofit Corporation,and the person whose nam issubscribedto thewithininstrumentand
acknowledged tome thathe executed the within instrumentforand on behalfof BillingsClinic.
IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy NotarialSeal the
day and year firstabove written.
(SEAl,1 Notary Pyhûc forthe StateofMontana
92 BRIFTANYCECIL
Asi
*NOTARY PUBUC forthe
.StateofMontana
se AL .Re.ano.B-s...Moni.n.
My CommkslonExpires
4òyöF -Aprilos.2021
P:15063_02\Leg:d\PubAccEasementsdwk.docx 2 1i/25/20mdb/bc
716
ACCEPTED:CITY OF BO7EMAN .
By:
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of Ñ//Ü .,20Á,beforeme,a Notary Public for
the Stateof Montana,personallyappeared JEFF MIHELICH and MIKE MAAS,known tome to
be theCity Manager and City Clerk,respectively,of theCity of Bozeman and the personswhose
names are subscribedto the within instrument,and acknowledged tome thatthey executed the
same forand on behalfof the City of Bozeman.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy NotarialSeal the
day and year firstabove written.
,,HEATHER B!ENVErÑE
fortheSta o ntana
m Oontana
Notary Public fortheStateof Montana
My CommissionExpires·
January26,2022
P:15063_02\Legal\UdlityEasement.docx 3 ii/25/20mab/bc
717
EXHIBIT A
UTILITY EASEMENT WITHIN LOT 2A-1 0F
MINOR SUBDIVISION #221F
PREPARED BY :SANDERSONSTEWART B0ZEMAN,MONTANA
1RA C T A -1,C.O.S 165A
ROAD EASEMENT
LOT 2A-1,MINOR SUB.f221F
-NEW 10'WIDE
PUBLIC UTILITY
EASEMENT
EXISTING40
EASEMENT
EET E SEMENT
CATTAIL LAKE SUB.
=ÉSE S B
+
**
TR M
18972LS
NORTH t
SCALE:1"=100'
isos_02_EASEMENT_BASE.DWG15063.01 10/2B/20MDB
718
Inter-office Original to:
City of Bozeman
City Clerk PO Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BILLINGS CLINIC BOZEMAN CAMPUS ANNEXATION AND ZONE MAP AMMENDMENT
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Portion of Lot 2A-1 of Minor Subdivision 221F, Section 26, T1S, R5E, P.M.M.
Gallatin County, Montana.
IN CONSIDERATION of receiving approval for the Annexation and Zone Map
Amendment of the subject property from the City of Bozeman, along with accompanying
rights and privileges and for other and valuable consideration, the receipt of which is
hereby acknowledged, in recognition of the impacts to traffic and utilities that will be
generated by the development of the above-described property have waived and does
hereby for itself, successors and assigns, the right to protest the creation of one or more
special districts or special improvement districts for the design and engineering,
construction and maintenance of the following improvements:
a) Street improvements to East Valley Center Road including paving,
curb/gutter, sidewalk, lighting and storm drainage
b) Street improvements to North 27th Avenue including paving, curb/gutter,
sidewalk, lighting and storm drainage
c) Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
d) Street improvements to West Lake Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
e) Intersection improvements to East Valley Center Road and North 27th
Avenue
f) Intersection improvements to East Valley Center Road and Davis Lane
g) Intersection improvements to East Valley Center Road and Catamount Street
h) Intersection improvements to Catamount Street and North 27th Avenue
i) Intersection improvements to Catamount Street and Davis Lane
Landowner agrees the City has the sole right to control the design and construction of
such improvements and may include any of the above components and others necessary to
ensure such improvements comply with all adopted City infrastructure plans and
requirements. Further, the Landowner waives its right to make any written protest
719
against the size or area or creation of the district be assessed in response to a duly passed
resolution of intention to create one or more special improvement district which would
include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of
said improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the limited partnership, provided however this waiver shall apply to the
lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this _____ day of ____________________, 2021.
______________________________ By
Title
STATE OF MONTANA ) :ss )
County of Gallatin )
On this _____ day of _______________, 2021, before me, a Notary Public for the
State of Montana, personally appeared _______________________________ known to me
to be the _________________________ of , the corporation
that executed the foregoing Waiver of Right to Protest, and acknowledged to me that
he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and
year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires: / /20
720
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Main Street
Rouse Ave.
HWY 86
7th Ave.19th Ave.
Davis Ln.
Valley Center Rd.
BELGRADE
BOZEMAN
DOWNTOWN
Recent
Commercial
Development
SITE
Wastewater
Treatment
MONTANA
STATE
UNIVERSITY
BOZEMAN
YELLOWSTONE
AIRPORT
Frontage Rd.
BR ID GER MOUNTAINS
Billings Clinic BozemanBillings Clinic Bozeman
BILLINGS CLINIC BOZEMANAnnexation and Zone Map Amendment Application
Updated September 1, 2021
Prepared by:Sanderson Stewart1300 North Transtech WayBillings, MT 59102406.869.3333
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Annexation and Zone Map Amendment - Billings Clinic Bozeman
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Annexation and Zone Map Amendment - Billings Clinic Bozeman
BILLINGS CLINIC BOZEMAN: Annexation and Zone Amendment Application
Table of Contents
Project Information
Project Location ..............................................................................................................................................4
Project Team .....................................................................................................................................................4
Annexation and Zone Map Amendment
Application Forms and Checklists ............................................................................................................5
Project Narrative
Overview ............................................................................................................................................................12
City of Bozeman Annexation Goals .........................................................................................................13
City of Bozeman Annexation Policies .....................................................................................................14
Responses to Rezoning Criteria ................................................................................................................17
Exhibits
Exhibit A: Project Vicinity Map ..................................................................................................................20
Exhibit B: Annexation Map ..........................................................................................................................22
Exhibit C: Utility Map .....................................................................................................................................24
Exhibit D: Existing Zoning Map .................................................................................................................26
Exhibit E: Proposed Zoning Map ..............................................................................................................28
Exhibit F: Zone Map Amendment ............................................................................................................30
Noticing Materials ..........................................................................................................................................32
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 4
PROJECT INFORMATION
PROJECT LOCATION
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
PROJECT TEAM
Applicant:Billings ClinicContact: Mitch Goplen2800 10th Avenue NorthBillings, MT 59101406.657.4036mgoplen@billingsclinic.org
Property Owner:Billings Clinic2800 10th Avenue NorthBillings, MT 59101
Representative:Sanderson StewartContact: Patrick Davies1300 North Transtech WayBillings, MT 59102406.869.3333pdavies@sandersonstewart.com
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5Annexation and Zone Map Amendment - Billings Clinic Bozeman
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic Bozeman Campus Annexation &Initial Zoning
Annexation &Initial Zoning
Annexation and zoning for a portion of the proposed Medical Mixed Use campus
TBD
59718
Agricultural Suburban
4.240 acres
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
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6Annexation and Zone Map Amendment - Billings Clinic Bozeman
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Billings Clinic
2800 10th Avenue North,Billings,MT 59101
406-657-4036
mgoplen@billingsclinic.org
Patrick Davies,Sanderson Stewart
1300 North Transtech Way,Billings MT 59102
406.869.3333
pdavies@sandersonstewart.com
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7Annexation and Zone Map Amendment - Billings Clinic Bozeman 727
ANNX
Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Required Forms:
ANNEXATION AND INITIAL ZONE MAP AMENDMENT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is only for a proposed annexation with an initial zone map amendment. If an independent zone map amendment without annexation is proposed see form ZMA. Complete and signed development review application form A1. Plan sets that include all items required in the annexation and initial zoning checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. APPLICATION FEE Base fee: $1,670 ANNEXATION CHECKLIST 1.The following questions pertain to the goals adopted by the City Commission in Commission ResolutionNo. 3907.
Yes No a.Is the property contiguous to the City of Bozeman?b.Is the property wholly surrounded by the City of Bozeman?c.Is the property currently contracting with the City for municipal services such as water,sanitary sewer and or fire protection?a.If so, which City services are currently being contracted for?d.Does the property lie with the service boundary of the existing sewer system asdepicted in the City’s growth policy?2.The following questions pertain to the policies adopted by the City Commission in CommissionResolution No. 3907.
Yes No a.Is/Are the property owner(s) willing to dedicate needed easements and/or right-of-way for collector and arterial streets?b.Is/Are the property owners(s) willing to sign waivers of right to protest the creationof future Special Improvement Districts to provide the essential services for futuredevelopment of the City?c.Is/Are the property owner(s) willing to transfer usable water rights, or anappropriate fee in-lieu thereof, to serve the expected population of the land whenfully developed?
xx
x
x
x
x xx
x
xx
x
8Annexation and Zone Map Amendment - Billings Clinic Bozeman 728
Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-8-19
Required Forms:A1, N1 Recommended Forms:Presentation of submitted plans and specifications
d.Does the desired future development of the subject property conform to the City’sgrowth policy? If not, a growth policy amendment will be necessary to accommodatethe anticipated uses, which may be initiated by the applicant and reviewedconcurrently with this application.a.If a growth policy amendment is necessary, is it included with this application?e.The property will need to be rezoned with an initial urban zoning designation. Thezone map amendment will be reviewed concurrently with this application. Is azoning map amendment application included with this application?f.Do unpaved county roads comprise the most commonly used route to gain access tothe property?g.If it is found that adequate services cannot be provided to ensure public health,safety and welfare, has the property owners(s) provided a written plan for theaccommodation of these services?h.Does the property owner acknowledge that the City of Bozeman assesses a systemdevelopment/impact fee and agrees to pay any applicable development/impact feesin accordance with Chapter 3.24 of the Bozeman Municipal Code?3.If the property is currently in agricultural use please identify current crops/conditions.4.Number of residential units existing on the property?5.Number and type of commercial structures on the property?6.Estimate of existing population of the property?7.Assessed value of the property?8.Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)9.Any additional information that will be helpful in the City’s review of the application.ANNEXATION MAP REQUIREMENTS 10.Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet11.Scale, north point arrow and date of preparation12.Subject property well defined13.Land use pattern of surrounding area14.Existing zoning of surrounding property15.Boundaries of proposed zoning (if more than one designation being requested) well defined16.Proximity of all existing and proposed water and sewer mains and extensions17.Location of all structures on the subject property18.Adjacent streets and street rights-of-way19.Existing on-site streets and street rights-of-way20.Water bodies and wetlandsZONE MAP AMENDMENT REQUIREMENTS 1.A thorough project narrative including a detailed response to the following for the zone mapamendment:a.Is the new zoning designed in accordance with the growth policy? How?b.Will the new zoning secure safety from fire and other dangers? How?c. Will the new zoning promote public health, public safety and general welfare? How?d.Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,parks, and other public requirements? How?e. Will the new zoning provide reasonable provision of adequate light and air? How?f.Will the new zoning have an effect on motorize and non-motorized transportation systems? How?g.Does the new zoning promote compatible urban growth? How?h.Does the new zoning promote the character of the district? How?
x
N/Ax
xx
x
N/A000TBD Ext. high pressure gas line
9Annexation and Zone Map Amendment - Billings Clinic Bozeman 729
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12Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
OVERVIEW
In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the first facility includes a multi-specialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
This application is a request for annexation and initial zoning for a portion of the Billings Clinic Bozeman campus property. The campus consists of approximately 58 acres located at the western corner of East Valley Center Road and North 27th Avenue.
This application is part of a series of development applications and filings relating to the Billings Clinic Bozeman campus property, including:
A Growth Policy Map Amendment (GPA) changing the designated land use of the campus to Regional Commercial and Services. (completed)
A Zoning Map Amendment (ZMA) requesting Community Business District (B-2) zoning for the portion of Lot 2A of Minor Subdivision 221E that has been zoned Residential Office (R-O). (completed)
A Master Site Plan for infrastructure improvements. (completed)
Site Plan Application for Phase 1 improvements. (completed)
The subject property is described as follows:
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F, Located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof, on file in the office of the clerk and recorder of said County as Document No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5 East, P.M.M., said point being the southwest corner of Tract A-1 of the Amended Plat of Tract A of Certificate of Survey 165A and Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; said Amended Plat also known as Minor Subdivision 221F; thence from said Point of Beginning, N 89°44’39” E, a distance of 296.06 feet; thence S 00°57’53” W, a distance of 597.06 feet; thence S 88°42’42” W, a distance of 149.78; thence S 50°16’06” W, a distance of 187.09 feet to the west line of said Section 26; thence N 00°36’29” E, a distance of 718.65 feet along said west line to the Point of Beginning, containing 4.240 acres.
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13Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
CITY OF BOZEMAN ANNEXATION GOALS
1. The City of Bozeman encourages annexations of land contiguous to the City.
The proposed area to be annexed is contiguous to the existing City limits directly to the east.
2. The City encourages all areas that are totally surrounded by the City to annex.
The proposed area to be annexed is not totally surrounded by the City limits, but is contiguous.
3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer,
and/or fire protection to annex.
The proposed area to be annexed is not currently contracting with the City for City services, but
proposes to utilize City services upon upcoming development of the property.
4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned
service area of the municipal water and sewer systems as depicted in their respective facility plans, any land
proposed for development that proposes to utilize municipal water or sewer systems.
The proposed area to be annexed is located within the City’s planned service area. Municipal water and
sewer systems are proposed to serve the property.
5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman
Growth Policy.
The proposed area to be annexed is designated as “Regional Commercial & Services” on the future
land use map.
6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular
extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land.
The proposed area to be annexed does not create any irregular extensions or leave gaps between
annexed areas or islands of annexed or unannexed land.
7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for
circulation systems that do not exist at the present time.
The proposed street network for the proposed master plan for the development provides internal
traffic circulation and connections to existing adjacent streets to enhance traffic circulation in the
immediate area.
8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller
parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities,
etc., justify a smaller annexation.
The proposed area to be annexed is 4.24 acres in size, but the proposed annexation is an extension of
the existing portion of the parcel already annexed into the City of Bozeman.
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Project Narrative
Annexation and Zone Map Amendment - Billings Clinic Bozeman
9. The City seeks to obtain water rights adequate for future development of the property with annexation.
Cash in-lieu of water rights and/or transfer of any existing water rights (if applicable) is proposed to
address the City’s desire to acquire additional water rights.
10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer.
The proposed development is proposed to utilize municipal services for water and sanitary sewer in
accordance to City of Bozeman and Montana Department of Environmental Quality requirements.
City of Bozeman Annexation Policies
1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local
streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way
for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or
improvement districts necessary to provide the essential services for future development of the City.
Acknowledged. Dedication of the necessary easement for Davis Lane is provided with this application.
A waiver of right to protest the creation of special improvement districts is also provided.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for
annexation.
Acknowledged. A Master Site Plan is currently under review by the City of Bozeman. The majority of
the property is currently zoned Community Business District (B-2) and the portion to be annexed is
proposed to be zoned B-2 as well as part of this application.
3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy
Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the
property owner and completed prior to any action for approval of the application for annexation.
A Growth Policy Amendment was previously approved for the proposed parcel and the parcel has a
future land use designation of Regional Commercial & Services.
4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance
with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
Acknowledged. The Owner is proposing that the area to be annexed be zoned Community Business
District (B-2) to be consistent with the remainder of the parcel and align with the future land use
designation of Regional Commercial & Services.
5. The applicant must indicate their preferred zoning classification as part of the annexation petition.
The Owner is proposing that the area to be annexed be zoned Community Business District (B-2) to be
consistent with the remainder of the parcel.
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Project Narrative
Annexation and Zone Map Amendment - Billings Clinic Bozeman
6. Fees for annexation processing will be established by the City Commission.
Acknowledged.
7. It is the policy of the City that annexations will not be approved where unpaved county roads will be the most
commonly used route to gain access to the property unless the landowner proposes a method to provide for
construction of the road to the City’s street standards.
All adjacent roads and proposed access points are existing paved roads at this time.
8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water
rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as
amended.
Acknowledged.
9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety
and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate
services cannot be provided to ensure public health, safety and welfare, the City may require the property owner
to provide a written plan for accommodation of these services, or the City may reject the petition for annexation.
Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin
defined in the City Wastewater Collection Facilities Plan.
Acknowledged.
10. The City may require annexation of any contiguous property for which city services are requested or for which city
services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service
outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation
of the property serviced by the City. The City Manager may enter into an agreement with a property owner for
connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the
property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County
Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner
to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an
emergency requires, when feasible as determined by the City, the connection to City water services.
Acknowledged.
11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public
Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision
plat on file with the Gallatin County Clerk and Recorder.
Acknowledged.
12. The mapping may be waived by the Director of Public Works.
Acknowledged.
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Project Narrative
Annexation and Zone Map Amendment - Billings Clinic Bozeman
13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6,
Division 9, Bozeman Municipal Code.
Acknowledged.
14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the
zone map amendment required with all annexation. The zone map amendment notice must contain the materials
required by 38.220.410, BMC.
Acknowledged.
15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation
agreement by the City, unless another time is specifically identified by the City Commission.
Acknowledged.
16. When possible, the use of Part 46 annexations is preferred.
Acknowledged.
17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The
City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in
trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not
lessen the obligation to participate in general city programs that address the same subject.
Acknowledged.
18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of
applications for annexation.
Acknowledged.
19. The City will require connection to and use of all City services upon development of annexed properties. The City
may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved
by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer
system. Upon development, unless otherwise approved by the City, water wells on the subject property may be
used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells
disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify
disconnects of wells and septic systems.
Acknowledged.
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17Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
Zoning Correlation With Land Use Categories
RESPONSES TO THE REZONING CRITERIA
a. Is the new zoning designed in accordance with the growth policy? How?
The proposed B-2 zoning will be in compliance with the Bozeman Community Plan, for the Regional Commercial and
Services land use designation of the property. Chapter 3: Future Land Use of the Community Plan requires that zoning
conform to land use designations. As shown in Correlation with Zoning table, the proposed B-2 zoning designation
conforms with the proposed Regional Commercial and Services land use designation.
b. Will the new zoning secure safety from fire and other dangers? How?
The proposed project will be all new construction. All facilities will be built to the latest applicable building and fire
codes. In addition, new infrastructure including internal streets, sidewalks and trails, water and sewer mains, and
private utilities will be installed as part of future development of the campus. These improvements will enhance safety
by providing improved transportation connections and reliable water supply for fire suppression.
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18Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
c. Will the new zoning promote public health, public safety and general welfare? How?In the fall of 2018, Billings Clinic announced plans to use the subject property for a new medical campus to serve the Gallatin Valley. Located in the growing northwest quadrant of the City, the campus will be phased, with a first phase consisting of a 97,000 square foot destination ambulatory center. The plan for the campus includes a multispecialty physician group practice, urgent care, and an outpatient surgical center. Future phases will be defined in subsequent development applications.
The design intent of the Billings Clinic Bozeman campus is to provide a place for medical services to blend with complementary commercial, retail and residential uses to honor Bozeman’s core value as a well-planned community. The campus will contain design features that promote superior functionality and wayfinding, easy access to quality health care, a satisfying and safe environment for the individuals that work in and visit the area, easy pedestrian access, limited vehicular congestion, and pleasant and consistent architectural design and landscaping. To accomplish this, it will include features such as smaller building footprints and higher structures in appropriate locations, parking lots and structures interspersed amongst buildings and open space, and a public park and trail system connecting to Cattail Lake Park.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?A project of this scale will require investment in infrastructure. Future site development will include improvements to public services within the property. These improvements, while critical for the projected uses of the campus, will also create opportunities for growth for northwestern Bozeman. Infrastructure that will be built in conjunction with future site development will provide improved connectivity to the surrounding neighborhoods.
e. Will the new zoning provide reasonable provision of adequate light and air? How?The zone map amendment will allow the campus to be developed as a master planned campus. Through thoughtful design of site circulation, pedestrian access, building placement and other amenities, the site development will provide for adequate light and air for residents, visitors and workers within the campus.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?The future development of the campus will positively impact the area’s transportation system as the existing transportation network will support the campus as a regional center, allowing for access from multiple arterial and collector streets. While specific improvements have not been designed, it is anticipated that the site will improve connectivity in the area by extending local streets and trails and including new transit stops. All internal streets will have an enhanced streetscape that will accommodate pedestrians, bicycles and a healthy tree canopy to provide for their comfort and convenience.
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19Annexation and Zone Map Amendment - Billings Clinic Bozeman
PROJECT NARRATIVE
g. Does the new zoning promote compatible urban growth? How?The future development of the campus will provide for needed services for the community and will enhance livability with improved access, connectivity, services and employment centers, and improved health and safety for the area. By providing for services and employment, the future development of the campus has the ability to reduce commutes and travel trips for nearby neighborhoods.
The location of the medical campus along I-90 and East Valley Center Road will also allow regional users to access the site without impacts to local traffic while providing multispecialty medical care to the northwestern area of the City and close environs. As the community continues to grow, additional areas for commercial development will need to be designated. There is recent commercial development directly to the east of the campus along N. 27th Avenue and the addition of the medical campus further solidifies the area as a regional center for commerce and employment.
h. Does the new zoning promote the character of the district? How?Given the scale of the campus and the intent to phase the development, the character of the community can be established by design guidelines for buildings, streetscape and landscape. The center-based development pattern will be supported by locating centers at the intersection of arterial and collector streets. The campus will contain design features that promote superior functionality, with pleasant and consistent architectural design and landscaping.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? The I-90 and North 19th Avenue interchange is already developing as a regional retail center and the addition of the medical campus further solidifies the area as a regional center for commerce and employment. The Community Plan calls for local and regional centers and that they be located along major transportation corridors such as I-90. This campus is adjacent to existing and proposed development to the south and east and reflects the direction of commercial growth within the City. Recent development applications indicate that additional commercial land will be needed in this area.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?All future development of the campus will comply with the requirements outlined in the UDC, the design standards required by the City’s engineering design code, and other regulations to ensure consistency with the nearby existing and planned development patterns, aiding in the conservation and increase of property values.
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?Yes, the zoning designation change is intended to address the demand for a regional campus to serve the medical needs of the community. The creation of the medical campus will promote a positive economic development and is an appropriate use for this subject property. In addition to its proximity to I-90, the campus is bounded by East Valley Center Road (Principal Arterial), Davis Lane (Minor Arterial) and North 27th Avenue (Collector). The development of a medical campus at this location encourages the most appropriate use of the land.
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20Annexation and Zone Map Amendment - Billings Clinic Bozeman
EXHIBIT A: VICINITY MAP
Cattail
Lake
Park
Cattail
Lake
ParkDavis LnWestlake Rd.
200 Foot property
line offset
Catamount St.
Catron St.Warbler WayN 27th Ave.Springhill Rd.N 19th Ave.I-90
E. V
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Waste Water
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BOZEMAN DEV. LLC Parcel
CITY OF BOZEMAN
Parcel
CITY OF BOZEMANParcel
EASTLAKEPROFESSIONALCENTER, LLCParcel
SPIRE HOLDINGS LLCParcel
VC DEVELOPMENT LLC
Parcel
BOZEMAN ELEM AND HIGH SCHOOL DIST #7
Parcel
TROUT
MEADOWS LLCParcelSCHAPLOW FARMS LLC
Parcel
SCHAPLOW FARMS LLCParcel
SCHAPLOW FARMS LLC
Parcel
CATTAIL LAKE SUBParcel
CITY OF BOZEMAN
Parcel
VANIMAN
Parcel
MEADOWLARKLEGACY LLCParcel
East
G
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Half Mile from Site Boundary (approx.)
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21Annexation and Zone Map Amendment - Billings Clinic Bozeman
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BILLINGS CLINIC BOZEMAN CAMPUS
NORTH
100 50 0
SCALE:1" = 100'
100 200
INTERSTATE
Annexation Tract Legal Description
A Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:
Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1Annexation and Zone Map Amendment - Billings Clinic Bozeman 22
EXHIBIT B: ANNEXATION MAP
Billings Clinic Bozeman Campus
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 24
EXHIBIT C: UTILITY MAP
Billings Clinic Bozeman Campus
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Segment of 27th Ave.
Road to be Improved
Connect to
Existing
Water Main
Municipal
Waste Water
Treatment
Westlake Rd.Davis Ln.Catamount St.N 27th Ave.Springhill Rd.E. V
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Cattail Lake
Park
Proposed Davis Lane
Lift Station - Location TBD
Proposed Davis Lane
Lift Station - Location TBD Proposed
Interstate
Crossing
Proposed
Interstate
Crossing
Fo
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Proposed Gravity Main
to Lift Station
Proposed Gravity Main
to Lift Station
Segment of 27th Ave.
Road to be Improved
Connect to
Existing
Water Main
Municipal
Waste Water
Treatment
Westlake Rd.
Cattail Lake
ParkDavis Ln.Catamount St.N 27th Ave.N 27th Ave.N 19th Ave.Springhill Rd.E. V
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Sewer Main
Proposed Trunk
Sewer Main
Existing Water Line
Proposed Water Line
Existing Sanitary Sewer Line
Proposed Sanitary Sewer Line
Utilities
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 25
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Agricultural
Suburban
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
I-
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
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C
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200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 26
EXHIBIT D: EXISTING ZONING MAP
Billings Clinic Bozeman Campus
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 27
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B-2
PLI
GALLATIN
COUNTY B-2
M-2
R-4 PLI B-2
I-
9
0
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Gallatin CountyCity of Bozeman (City Limits)Cattail Lake
Cat
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C
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200100500
SCALE: 1” = 100’
100
Annexation and Zone Map Amendment - Billings Clinic Bozeman 28
EXHIBIT E: PROPOSED ZONING MAP
Billings Clinic Bozeman Campus
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Annexation and Zone Map Amendment - Billings Clinic Bozeman 29
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NORTH
100 50 0
SCALE:1" = 100'
100 200
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EXHIBIT F: ZONE MAP AMENDMENT
Billings Clinic Bozeman Campus
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32Annexation and Zone Map Amendment - Billings Clinic Bozeman 752
33Annexation and Zone Map Amendment - Billings Clinic Bozeman
Property Owners
Within 200 Feet of the Project Site
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from
Montana Dept. of Revenue
1 S26, T01 S, R05 E, Acres 15.99, S2NW4 S
Of Rw Less Hwrw
Bozeman Development LLC 899 W. Foothill Blvd Ste G
Monrovia, CA 91016-1973
2 Minor Sub 221B, S26, T01 S, R05 E, Lot
4, Acres 17.679, Plus Open Space
Bozeman Elem And High School Dist
#7
404 E Main St
Bozeman, MT 59715-4752
3 Cattail Lake Sub Ph 1 & 2, S26, T01 S,
R05 E, Lot R, Acres 7.9851, (Remainder)
Remainder At Trout Meadows LLC 7403 Highline Ct
Missoula, MT 59808-9389
4 Cattail Lake Sub Ph 1 & 2, S26, T01 S, R05 E,
Acres 18.349, Park, Plat J-471
Cattail Lake Sub Ph 1 & 2 Park Area Catamount St.
Bozeman, MT 59715
5 S26, T01 S, R05 E, C.O.S. 165A, Parcel
A, Acres 10
Vaniman Donald D Trust 1/2 Int
Vaniman Cecilia R Trust 1/2 Int
5020 Westlake Rd
Bozeman, MT 59718-9743
6 S27, T01 S, R05 E, Acres 101.833, E2Se4,
E2E2W2Se4 & Tract Being 25 1/2 Rds X
11 1/2 Rds
Schaplow Farms LLC 9481 Nash Rd
Bozeman, MT 59715-9579
753
RCREVISION AND CORRECTION
SUBMITTAL FORM
REVISION AND CORRECTION FORM PROCEDURE
This form is for changes or corrections to an existing application. Additional or revised plans or documents will not be accepted
unless accompanied by this completed form. Fees are required for third and subsequent revisions.
SUBMITTAL REQUIREMENTS
1.A completed RC revision/correction submittal form. It must be the first item in the resubmitted set.
2.Ensure all original and updated plans and documents are included in the file and meet digital naming protocol. Each
individual document or plan sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have
any spaces (use capital letters to delimit words), and includes the name of the item. Digital version of all materials as a JPEG
or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller
files. Ensure the layers are flattened.
3.Revised drawings must be updated with a new current date on each revised sheet. Title sheet table of the contents/plan
schedule must be updated with new dates for each sheet modified. Retain the original date on sheets that have not been
updated or revised and include them with the submittal.
4.A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail.
Changes to plan sheets must include sheet and detail numbers.
5.All changes must be clouded or highlighted on each plan set.
6.Legal documents, studies, letter or other documentation must have a clear date of revision on the front page.
7.Re-submittal of plans must be complete plan sets. No individual sheets will be accepted.
Community Development
APPLICATION FEE
Fee (after third and subsequent submittal) 1/4 of the total original application fee
SUBMITTAL INFORMATION
Application File No: Application Type:
Project Name:
Contact Name:
Phone:
Email:
SUBMITTAL TYPE
NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and
has not been reviewed before.
CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the
applicant.
If both types are being submitted, the written narrative must clearly differentiate between changes and corrections. If there are
changes to preliminary approved plans or approved plans, please use the modification application process (MOD application).
Revisions and Corrections Submittal Form Page 1 of 2 Revision Date: February 2021 754
REVISION AND CORRECTION
SUBMITTAL FORM
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Revisions and Corrections Submittal Form Page 2 of 2 Revision Date: February 2021 755
From:Brian Heaston
To:Lenna Johnson
Cc:Lauren Waterton; Griffin Nielsen
Subject:RE: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
Date:Tuesday, August 17, 2021 1:22:59 PM
Attachments:image005.emzimage006.pngimage007.pngimage008.png
Hi Lenna – From what you describe, compliance with 38.410.130 – Water Adequacy isn’t required. Compliance with
this code section generally isn’t triggered by annexations. The exception to that is when existing building(s) on the
land to be annexed require immediate connection to water and sewer utilities and the annual water demand for those
new connections exceeds 0.25 Acre-feet/yr.
Hope that helps,
Brian Heaston, PE
Senior Engineer
City of Bozeman - Engineering
20 E. Olive St.P.O. Box 1230
Bozeman, MT 59771
(406) 582-2280
bheaston@bozeman.net
From: Lenna Johnson <ljohnson@sandersonstewart.com>
Sent: Tuesday, August 17, 2021 2:14 PM
To: Brian Heaston <bheaston@BOZEMAN.NET>
Cc: Lauren Waterton <lwaterton@sandersonstewart.com>
Subject: Cash in-Lieu Water Rights, Billings Clinic Bozeman Campus
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Brian,
We are working on the annexation and initial zoning for a small parcel (yellow with red circle) adjacent to the
proposed Billings Clinic Bozeman Campus off of Davis Ln and E Valley Center Road. The City has requested that there is
a cash in-lieu of water rights (CILWR) analysis completed for the parcel that will be annexed. The parcel, however, isn’t
intended to be developed on except for a single access road that will connect Davis Ln to the new Clinic site. How does
CILWR work for vacant land without any planned development? What information do you need to complete that
analysis? Let me know how we can move forward in this process.
As a visual:
756
Thanks for your time,
Lenna
Lenna Johnson
Staff Planner
t: 4069224321
Billings • Bozeman • Denver • Fort Collins
We are proud to be selected as a Best Firm To Work For for the 4th time!
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may
be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender
and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record
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be protected from disclosure under law.
757
NORTH
100 50 0
SCALE:1" = 100'
100 200
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ZONEAGRICULTURESUBURBANZONE M-2ZONEAGRICULTURESUBURBANZONE PLIZONE R-4ZONE B-2ZONE B-2BILLINGS CLINIC BOZEMAN CAMPUSNORTH100500SCALE:1" = 100'100200INTERSTATE90Annexation Tract Legal DescriptionA Tract of Land being a portion of Lot 2A-1 of Minor Subdivision 221F,Located in the southwest quarter of Section 26, Township 1 South, Range5 East, P.M.M., Gallatin County, Montana, according to the official platthereof, on file in the office of the clerk and recorder of said County asDocument No. 2674267, and more particularly described as follows:Beginning at a point on west line of Section 26, Township 1 South, Range 5East, P.M.M., said point being the southwest corner of Tract A-1 of theAmended Plat of Tract A of Certificate of Survey 165A and Lot 2A ofCorrected Amended Plat of Lots 1 & 2 of Minor Subdivision 221E; saidAmended Plat also known as Minor Subdivision 221F; thence from saidPoint of Beginning, N 89°44'39” E, a distance of 296.06 feet; thence S00°57'53” W, a distance of 597.06 feet; thence S 88°42'42” W, a distanceof 149.78; thence S 50°16'06” W, a distance of 187.09 feet to the west lineof said Section 26; thence N 00°36'29” E, a distance of 718.65 feetalong said west line to the Point of Beginning, containing 4.240 acres.P:\15063_01_Minor_Sub_221_Blgs_Clinic_Bozeman_Addl_Serv_PM\CADD_C3D\BASE_DWG\15063_01_ANNEX_MAP_031620.dwg, 24x36 PLAT (2), 9/1/2021 15:27:24, lhendricks, 1:1
759