HomeMy WebLinkAbout08-23-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Public Service Announcements
D.1 Recently Approved Citizen Advisory Board Minutes (Maas)
E.FYI
F.Commission Disclosures
G.Approval of Minutes
G.1 Approve the regular meeting minutes from: June 28, 2022 Â Approve the executive session
minutes from:Â April 3, 2020 (executive session minutes to be distributed
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 23, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
You can join this meeting:
Via Webex:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
United States Toll
+1-650-479-3208
Access code: 2568 937 3381
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
1
separately)(Maas)
H.Consent
H.1 Accounts Payable Claims Review and Approval (Waters)
H.2 Authorize the City Manager to Sign a Grant Agreement with the Human Resource
Development Council (HRDC) for Warming Center Operations(Fine)
H.3 Authorize the City Manager to Sign a Grant Agreement with One Valley Community
Foundation for Investment in the Regional Housing Coalition(Fine )
H.4 Authorize the City Manager to Sign a Notice of Award to Red Tiger Drilling Inc. for the Fire
Station 1 Well Abandonment Project and Final Contract Documents Once Received(Nielsen)
H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication and a
Mutual Access and Parking Easement and Agreement with 19th Capital Group, LLC for the
University Crossing Site Plan (21327)(Ryan)
H.6 Authorize the City Manager to Sign a Utility Easement with Henry Building, LLC for Home
Base Partners Block 3 and 4 Site Plan (21231)(Johnson)
H.7 Authorize the City Manager to Sign a Drainage Easement with Northwest Crossing
Commercial Owners Association and Northwest Crossing Residential Owners Association for
The Northwest Crossing Phase 1 Subdivision Final Plat (21482)(Johnson)
H.8 Authorize the City Manager to Sign a Public Access Easement with Montana State University
Innovation Campus for the MSU Innovation Campus-Invention Drive Project (21304)(Paz-
Solis)
H.9 Authorize the City Manager to Sign a Construction Agreement with Ingram-Clevenger, Inc.
for Story Mill Community Center HVAC and Electrical Upgrades(Ziegler)
H.10 Authorize the City Manager to Sign a Construction Agreement with Montana Lines, Inc. for
Installation of a New Pedestrian Activated Signal, aka HAWK (High-Intensity Activated
CrossWalk) Signal(Van Delinder)
H.11 Authorize the City Manager to Sign a Construction Agreement with Montana Lines, Inc for
Kagy Boulevard and S. 11th Signal Upgrades(Van Delinder)
H.12 Authorize the City Manager to Sign a Construction Agreement with Planned and Engineered
Construction, Inc. for a Stormwater Pipe Rehabilitation Project(Oliver)
H.13 Amendment to Professional Services Master Task Order Agreement with DOWL, LLC to
Extend an Existing Agreement by One Calendar Year, with a New End Date of September
16th, 2023(Oliver)
H.14 Authorize the City Manager to Sign, Subject to and Upon Completion of Legal Review by the
Office of the City Attorney, a Contract with the Montana Department of Environmental
Quality Delegating State Review Authority to the City Pursuant to Section 75-6-121(1)(b) for
2
Extensions or Alterations of the City's Public Water and Sewer Systems that Involve Fifty (50)
or Fewer Connections(Ross)
H.15 Authorize the City Manager to Sign the Agreement for the Numatics Upgrade for the City of
Bozeman with Pall Water(Jill Miller)
H.16 Authorize the City Manager to Sign a Professional Services Agreement with Maddaus Water
Management, Inc. for the Development of Landscape and Irrigation Design and Performance
Standards for New Development(Ahlstrom)
H.17 Authorize the City Manager to Sign a Professional Services Agreement with Parking Logix for
Occupancy Technology and Displays in the Black, South Willson, and North Willson Surface
Parking Lots(Veselik)
H.18 Authorize the City Manager to Sign Professional Services Agreement with KLJ for the E.
Aspen St. Bridge Bidding Administration(Fine)
H.19 Authorize the City Manager to Sign Professional Services Agreement with Human Resources
Development Council of District IX, Inc. (HRDC) for Community Housing Program
Support(Fine)
H.20 Authorize City Manager to Sign Professional Service Agreement with Dust Bunnies Inc. for
Janitorial Services at Public Safety Center(Gray)
H.21 Authorize the City Manager to Sign a First Amendment to the Agreement with Desman
Engineering Dated April 26, 2022 for a Maintenance Manual(Veselik)
H.22 Authorize the City Manager to Sign a First Amendment to the Professional Services Master
Task Order Agreement with Morrison Maierle, Inc. Providing for On-call Pretreatment
Program Engineering Services for the Water Reclamation Facility(Heaston)
H.23 Authorize the City Manager to Sign Amendment 4 to the Professional Services Agreement
with Sanderson Stewart to Provide Construction Administration and Engineering Services for
the Griffin Drive and Manley Road Street and Stormwater Improvement Project(Lonsdale)
I.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.
J.Action Items
J.1 The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a
City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on
the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the
Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community
3
Business District – Mixed), Application 22100(Rogers)
J.2 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit
Development with a New Planned Development Zone Process and Amend 24 Related
Sections of the Bozeman Municipal Code, Application 22133(Saunders)
J.3 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and
Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing
Text Amendment, Application 22133(Saunders)
J.4 Resolution 5410 Establishing and Affixing the Number of Mills to be Charged Against the
Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional
Boundaries of the City for Fiscal Year 2022-2023 (FY23)(Hodnett)
K.FYI / Discussion
L.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.
4
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Recently Approved Citizen Advisory Board Minutes
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action necessary
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On August 10, 2021 the City Commission adopted Resolution 5323
establishing a High Performing Boards model. In Section 2: Communications,
item 7 it is stated that "City Staff will develop minutes that the Board will
review and approve; minutes shall be provided to the City Commission and
made available to the public."
This item presents the recently approved minutes for the following Citizen
Advisory Boards:
May 16 Community Development Board
June 6 Community Development Board
June 27 Community Development Board
May 18 Downtown Business Improvement District
June 21 Downtown Business Improvement District
May 17 Downtown Urban Renewal District
May 4 Economic Vitality Board
June 1 Economic Vitality Board
July 6 Economic Vitality Board
May 9 Historic Preservation Advisory Board
May 18 Historic Preservation Advisory Board
June 2 Midtown Urban Renewal Board
5
May 11 Sustainability Board
June 8 Sustainability Board
July 13 Sustainability Board
May 25 Transportation Board
June 22 Transportation Board
March 24 Urban Parks & Forestry Board
April 28 Urban Parks & Forestry Board
May 26 Urban Parks & Forestry Board
UNRESOLVED ISSUES:Due to technical issues, some of the Boards were delayed in approving
minutes. Those issues have been resolved and these announcements should
be coming on a more regular basis moving forward.
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 29, 2022
6
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Approve the regular meeting minutes from:
June 28, 2022
Approve the executive session minutes from:
April 3, 2020 (executive session minutes to be distributed separately)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the combined City Commission minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
From August of 2013 through December 2020, the City Commission Minutes
have been linked with audio and video using AV Capture. In addition to the
City Commission, many Citizen Advisory Boards utilize the system as well.
Beginning December 14, 2020 the City Commission and many Citizen
Advisory Boards moved to our new Granicus Streaming Platform. Beginning
January 5, 2021 meetings in the Granicus platform have been closed
captioned. Those captions are searchable using the advanced search option
on our video view page.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
UNRESOLVED ISSUES:None
7
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
06-22-22 City Commission Meeting Minutes.pdf
Report compiled on: May 17, 2022
8
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 1 of 18
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
June 28, 2022
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn
Absent: None
Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A) 00:00:27 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:02:55 Pledge of Allegiance and a Moment of Silence
C) 00:03:43 Changes to the Agenda
• There were no changes.
D) Public Service Announcements
D.1 00:03:52 City of Bozeman offices will be closed Monday, July 4 in observance of
the Independence Day. There will be no City Commission meeting on Tuesday, July 5.
This is a garbage holiday and pick up will be on the delayed one day.
E) 00:04:07 FYI
• CM Mihelich provided an update on the Swim Center and aquatics operations.
F) 00:09:36 Commission Disclosures
• DM Cunningham disclosed his employment with Heart of the Valley Animal Shelter.
G) 00:10:20 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the
City's General Accounting Ledger
Stale Checks for writeoff 0622.pdf
G.3 Approve the Final Plat for the Northwest Crossing Phase 1 Subdivision and Authorize the
Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the
9
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 2 of 18
Director of Community Development to Execute the Improvements Agreements on
Behalf of the City of Bozeman, Application 21482
21482 Final Plat Transmittal Memo
21482 Northwest Crossing Subdivision Phase 1 Final Plat
20113 Signed Findings of Fact NW Crossing Phase 1
G.4 Approval of a Minor Subdivision Final Plat for the Eastlake Professional Center
Subdivision to Divide a 7.65 Acre Parcel into Four Commercial Lots Zoned B-2M,
Community Business District-Mixed
21447- Findings of Fact - Eastlake Professional Center Minor Subdivision Prelim Plat
(1).pdf
22099 Eastlake Prof Cntr Final Plat.pdf
22099 Eastlake Prof Cntr FP Commission Memo.docx
G.5 Approval of the 413 to 415 N. Montana Avenue Minor Subdivision Final Plat to
Subdivide a 9,755 Square Foot Parcel into Two Lots
006 Final Plat .pdf
22116 415 N Montana PP Findings of Fact.pdf
22116 Commission memo.docx
G.6 Authorize the City Manager to Sign a Utility Easement with Timothy J Bell for the 413-
415 North Montana subdivision Final Plat (22116)
Utiltity Easement
G.7 Authorize the City Manager to Sign a Utility Easement with Wake Up Inc for the
Stockyard Properties Subdivision Exemption (21103)
Utility Easement
G.8 Authorize the City Manager to Sign a Temporary Use Permit for Use of City Property by
the United State of America Acting Through the USFS Custer Gallatin National Forest for
the Bozeman Municipal Watershed Project
CityofBozemanTempPermit_Final_06.10.2022.pdf
G.9 Authorize the City Manager to Sign a General Services Agreement with CivicPlus for
Recreation Management Software
GSA CivicPlus Parks and Recreation.pdf
G.10 Authorize the City Manager to Sign a Contract Agreement with Xylem to Maintain Sewer
Lift Station Pumps
Xylem Contract Bozeman.docx
G.11 Authorize the City Manager to Sign a Professional Services Agreement with Morrison-
Maierle, Inc. for Materials Testing
PSA.pdf
G.12 Authorize City Manager to Sign a Professional Services Agreement with WBI Energy
Corrosion for Cathodic Protection System Testing
Cathodic_Protection_Testing_PSA.docx
Estimate_P22-1169 (2).pdf
Exhibit A Scope of Services.docx
G.13 Authorize the City Manager to Sign a Professional Services Agreement with Code Studio
for Update to Chapter 38, Unified Development Code, Application 21381
PSA Code Studio 6-14-2022_signed.pdf
G.14 Authorize the City Manager to Sign a Professional Services Agreement with Elkhorn
Commissioning Group for the Bozeman Public Library Commissioning Services
Professional Services Agreement_Elkhorn Comissioning_Library
Commissioning_20220628.pdf
10
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 3 of 18
G.15 Authorize the City Manager to Sign a Professional Services Agreement with Lotus
Engineering & Sustainability for a Community Greenhouse Gas Emissions Inventory and
Data Visualization Platform.
Professional Services Agreement_Lotus Sustainability_Greenhouse Gas Emissions
Inventory_20220628.pdf
G.16 Resolution 5399 Authorizing Prime Change Order 17 with Langlas and Associates for
Construction of the Bozeman Public Safety Center
Resolution_5399 CO17.docx
BPSC Job No. 19426 Prime CO 17 signed STL_red.pdf
G.17 Resolution 5422 a Resolution of the City Commission of the City of Bozeman, Montana,
Confirming the Appointment of Police Officers in Accordance with Montana Code
Annotated 7-32-4108 and 7-32-4113
Resolution 5422.pdf
G.18 Resolution 5423 Relating to $6,730,000 General Obligation Bonds, Series 2022;
Determining the Form and Details, Authorizing the Execution and Delivery and Levying
Taxes for the Payment Thereof
Res No 5423 Bond Resolution Fire Stn 2 Relocation.pdf
City of Bozeman GO Bonds 2022 OS (FINAL).pdf
G.19 Resolution 5424 Certification of Delinquent City Assessments to the County
Resolution 5424-Certification of Delinquent 2nd half-FY 2022.docx
Delinquent Certification 061522.pdf
G.20 Ordinance 2111 Final Adoption, Departures for Housing Creation, Create a New Section
of the Municipal Code, 38.320.070 to Authorize Additional Administrative Flexibility In
Administration of Specified Residential Standards through departures and Create
Definitions for Infill and Missing Middle Housing to incentivize housing creation,
Application 22133
Ordinance 2111 Departures - Commission Provisional 6-8-2022.pdf
22133 City Commission Staff Report - Departures.pdf
22133 Departures amendments - e-news.pdf
G.21 Ordinance 2112 Final Adoption of Amended Zoning on 7.33 Acres from B-2, Community
Business District to B-2M Community Business District - Mixed Located Northwest of
West Main and Babcock Streets, Application 21438
21438 Carroll on Main ZMA Ordinance 2112.pdf
21438 Carroll on Main ZMA Map Exhibit.pdf
G.22 Ordinance 2118 Final Adoption Authorizing City Commission to Establish by Resolution
Criteria and Procedures for Remote Participation by Commissioners and Board Members
Ordinance 2118 Remote Participation 6122 gs.docx
00:10:24 City Manager Introduction
CM Mihelich provided the highlights of the Consent Agenda.
00:11:42 Public Comment
Mayor Andrus opened the Consent Agenda for public comment
00:12:22 Leif Sundeen, Public Comment
Leif Sundeen commented in support of Ordinance 2111.
00:13:13 Mary Wictor, Public Comment
11
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 4 of 18
Mary Wictor commented on Ordinance 2111 related to infill and missing middle housing.
00:16:15 Motion to approve Consent Items 1 - 22 as submitted.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
00:16:26 Vote on the Motion to approve Consent Items 1 - 22 as submitted. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H) 00:16:36 Public Comment
Mayor Andrus opened general public comment.
00:17:24 Francesca Pine-Rodriguez, Public Comment
Francesca Pine-Rodriguez commented in favor of Ordinance 2109.
00:19:35 Evan Rainey, Public Comment
Evan Rainey commented using Tax Increment Financing for funding ADU's or other small projects.
00:22:44 Leif Sundeen, Public Comment
Leif Sundeen commented on aquatics operations in comparison to those offered in Missoula.
00:25:53 Kathy Irvine, Public Comment
Kathy Irvine commented on the Swim Center.
00:28:00 Emery Belasko, Public Comment
Emery Belasko commented on aquatics operations.
00:29:43 Analise Belasko, Public Comment
Analise Belasko commented on aquatics operations.
00:31:51 Cammi Yovich, Public Comment
Cammi Yovich commented on the School District's connection and use of the Swim Center.
00:34:48 Megan Belasko, Public Comment
Megan Belasko commented on aquatics operations.
00:37:45 Kurt Klewin, Public Comment
Kurt Klewin commented on the process for Ordinance 2109.
12
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 5 of 18
00:40:51 Christine Macauley, Public Comment
Christine Macauley commented on aquatics operations.
00:44:07 Christel Chvilicek, Public Comment
Christel Chvilicek, Executive Director of Family Promise, commented in support of the outside funding
request in the budget.
I) 00:47:05 Action Items
I.1 00:47:10 Annexation and Initial Zoning Application 21443 Requesting Annexation
of 8.56 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning
Designation of B-2M (Community Business-Mixed District)
21443 6590 Davis Lane Annx-ZMA CC SR.pdf
00:47:32 Staff Presentation
Senior Planner Tom Rogers presented the application and entered the staff report, the applicant
submittal, and all public comment into the record. He presented the property, the project vicinity, the
Future Land Use Map (FLUM) designation, neighboring zoning districts, correlation between FLUM and
zoning designation, the zoning criteria of evaluation, the spot zoning criteria, a summary of public
comment, and the recommendations.
00:55:22 Questions of Staff
01:13:43 Applicant Presentation
Matt Faure, Faure Halvorsen Architects, presented on behalf of the applicant, referenced a planned
future roadway through the eastern triangle portion of the parcel, & that the master planning process is
waiting for the underlying zoning prior to work on development plans.
01:18:53 Questions of Applicant
01:19:04 Public Comment
There were no public comments on this item.
01:20:13 Motion to approve 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 21433 and move to approve the 6590 Davis Lane Annexation.
I-Ho Pomeroy: Motion
Jennifer Madgic: 2nd
01:20:41 Discussion
01:25:17 Vote on the Motion to approve 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 21433 and move to approve the 6590 Davis Lane Annexation. The Motion
carried 5 – 0.
Approve:
13
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 6 of 18
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
01:25:31 Motion to approve 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 21433 and move to recommend approval of the 6590 Davis Lane Annexation Zone Map
Amendment, with contingencies required to complete the application processing.
I-Ho Pomeroy: Motion
Jennifer Madgic: 2nd
01:26:06 Discussion
01:31:44 Vote on the Motion to approve 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 21433 and move to recommend approval of the 6590 Davis Lane Annexation
Zone Map Amendment, with contingencies required to complete the application processing. The Motion
carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
I.2 01:31:56 Ordinance 2117 Provisional Adoption Establishing Municipal Court Fee
Schedule
Ordinance 2117 Municipal Court Fee Schedule.pdf
01:32:13 Staff Presentation
Assistant City Attorney Anna Saverud presented Ordinance 2117, the authority provided, the initial fee
schedule, the hearing was noticed, and no comments were received.
01:34:25 Questions of Staff
01:38:28 Public Comment
There were no public comments on this item.
14
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 7 of 18
01:38:50 Motion to provisionally adopt Ordinance 2117 Establishing Municipal Court Fee Schedule
Jennifer Madgic: Motion
Christopher Coburn: 2nd
01:39:01 Discussion
01:40:22 Vote on the Motion to provisionally adopt Ordinance 2117 Establishing Municipal Court Fee
Schedule. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
01:40:32 Recess
Mayor Andrus called the meeting into recess.
01:46:39 Call to Order
Mayor Andrus called the meeting back to order.
I.3 01:46:44 Ordinance 2109, Replacing the Term Columbus Day with Indigenous
Peoples? Day, and Designating the Second Monday of October as the Local Indigenous
Peoples? Day Holiday?
Ord. 2109 IPD_final.pdf
01:47:12 Staff Presentation
Assistant City Attorney Jen Giuttari presented Ordinance 2109, the connection to the Strategic Plan, the
proposed changes, and the proposed motion.
01:49:27 Questions of Staff
01:53:18 Public Comment
01:53:33 Carson Taylor, Public Comment
Carson Taylor commented on the history of the City's celebration of Indigenous Peoples' Day.
01:55:41 Motion to provisionally adopt Ordinance 2109, which replaces the term Columbus Day with
Indigenous Peoples' Day, and designates the second Monday of October at the local Indigenous Peoples'
Day holiday.
Christopher Coburn: Motion
Terry Cunningham: 2nd
15
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 8 of 18
01:55:59 Discussion
02:05:34 Vote on the Motion to provisionally adopt Ordinance 2109, which replaces the term Columbus
Day with Indigenous Peoples' Day, and designates the second Monday of October at the local Indigenous
Peoples' Day holiday. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
I.4 02:05:46 Resolution 5392 Adopting Fiscal Year 2023 Budget as the Final
Appropriation Resolution
1 Summary FY23 Final_Budget_Adoption.pdf
2 Overall_FY23_Budget_Summary Table.pdf
3 Appropriations & Fund Balance FY23 Table.pdf
4 Rev Resolution 5329 - FY23 Appropriation Resolution.pdf
02:06:05 Staff Presentation
CM Mihelich presented the final budget recommendation. He presented the process and timeline, the
focus, highlights, revenues by fund type and source type, expenditures by fund type and source type,
items of note, and household impact.
02:10:34 Questions of Staff
02:18:50 Public Comment
Mayor Andrus opened this item for public comments.
02:18:52 Steve Enoch, Public Comment
Steve Enoch commented on the budget process, the proposed budget, and impact on property owners.
02:23:22 Tracy Menuez, Public Comment
Tracy Menuez, Associate Director of HRDC, commented on the budget recommendation for housing and
the funding request for Streamline.
02:25:37 Clarification of Process
Mayor Andrus clarified the process for amendments to the budget.
02:28:40 Motion to adopt the City Manager's recommended FY23 budget.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
16
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 9 of 18
02:29:16 Motion to amend the budget by zeroing out all of the community fund grant requests from the
budget for further discussion.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
02:29:36 Vote on the Motion to amend the budget by zeroing out all of the community fund grant requests
from the budget for further discussion. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:29:52 Motion to amend the budget to increase the allocation for the Community Housing fund from 5
mills to 8 mills.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd 02:30:09 Discussion
02:36:27 Vote on the Motion to amend the budget to increase the allocation for the Community Housing
fund from 5 mills to 8 mills. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:36:40 Motion to approve a broader scope of the Community Housing Fund to include land acquisition
and land banking as possible uses.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
02:36:58 Discussion
17
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 10 of 18
02:38:29 Vote on the Motion to approve a broader scope of the Community Housing Fund to include land
acquisition and land banking as possible uses. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:39:14 Motion to amend the budget for the Sweet Pea Festival funding request for $19000.
I-Ho Pomeroy: Motion
Jennifer Madgic: 2nd
02:39:26 Discussion
02:46:38 Vote on the Motion to amend the budget for the Sweet Pea Festival funding request for $19000.
The Motion failed 1 – 4.
Approve:
I-Ho Pomeroy
Disapprove:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
02:46:53 Motion to amend the budget to dedicate $400,000 to HRDC Streamline.
Jennifer Madgic: Motion
Christopher Coburn: 2nd 02:47:09 Discussion
02:52:21 Vote on the Motion to amend the budget to dedicate $400,000 to HRDC Streamline. The Motion
carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
18
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 11 of 18
Christopher Coburn
Disapprove:
None
02:52:38 Motion to amend the budget to partially fund Childcare Connections request with $100,000.
Christopher Coburn: Motion
Terry Cunningham: 2nd
02:52:48 Discussion
02:56:53 Vote on the Motion to amend the budget to partially fund Childcare Connections request with
$100,000. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:57:13 Motion to amend the budget to fund the request by Family Promise for $150,000.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
02:57:23 Discussion
03:01:20 Motion to amend the amendment funding the Family Promise grant to $100,000.
Terry Cunningham: Motion
Christopher Coburn: 2nd
03:01:30 Discussion
03:03:38 Vote on the Motion to amend the amendment funding the Family Promise grant to $100,000.
The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
19
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 12 of 18
Disapprove:
None
03:06:07 Motion to amend the budget to add $40,000 to the Sustainability Department to investigate
alternative energy supply.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
03:04:32 Discussion
03:12:05 Motion to amend the amendment to reduce the funding amount to $25,000.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd 03:12:30 Vote on the Motion to amend the amendment to reduce the funding amount to $25,000. The
Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
03:12:51 Discussion
03:14:28 Motion to amend the budget to give a grant in the amount of $20,000 to the Help Center.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
03:14:40 Discussion
03:18:33 Vote on the Motion to amend the budget to give a grant in the amount of $20,000 to the Help
Center. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
20
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 13 of 18
Disapprove:
None
03:18:45 Motion to amend the budget to add $20,000 for Haven to partially fund their grant request.
Christopher Coburn: Motion
Terry Cunningham: 2nd
03:18:59 Discussion
03:23:46 Motion to amend the amendment for the full amount of $30,000.
Terry Cunningham: Motion
Christopher Coburn: 2nd
03:24:09 Discussion
03:26:25 Vote on the Motion to amend the amendment for the full amount of $30,000. The Motion
carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
03:26:45 Motion to amend the budget to move the HRDC grant for $250,000 into this year's housing
budget and likewise move the One Valley Community Foundation grant for $50,000 into this year's
housing budget.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd
03:27:12 Discussion
03:28:47 Vote on the Motion to amend the budget to move the HRDC grant for $250,000 into this year's
housing budget and likewise move the One Valley Community Foundation grant for $50,000 into this year's
housing budget. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
21
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 14 of 18
Jennifer Madgic
Christopher Coburn
Disapprove:
None
03:29:05 Motion to amend the budget to add a new item under the City Manager's Budget, under the
category of Diversity, Equity, and Inclusion, and it be a budget item that is called Hispanic community
outreach.
Terry Cunningham: Motion
I-Ho Pomeroy: 2nd 03:29:29 Discussion
03:33:48 Vote on the Motion to amend the budget to add a new item under the City Manager's Budget,
under the category of Diversity, Equity, and Inclusion, and it be a budget item that is called Hispanic
community outreach. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
03:35:20 Motion to amend the budget to add an additional $15,000 to promote water conservation
oriented drought tolerant demonstration areas throughout town.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
03:35:44 Discussion
03:40:23 Vote on the Motion to amend the budget to add an additional $15,000 to promote water
conservation oriented drought tolerant demonstration areas throughout town. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
22
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 15 of 18
None
03:40:52 Recess
Mayor Andrus called the meeting to recess.
03:46:25 Call to Order
Mayor Andrus called the meeting back to order.
03:47:00 Motion to amend the budget to add $15,000 for Suffer Out Loud, with the caveat that it be
restricted to their scholarship program.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
03:47:35 Discussion
03:51:53 Vote on the Motion to amend the budget to add $15,000 for Suffer Out Loud, with the caveat
that it be restricted to their scholarship program. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
03:52:07 Motion to amend the budget to approve the grant request in full from Bridgercare for $30,000.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
03:52:24 Recusal
Cr. Coburn notified the Commission that his partner is on the Board of Bridgercare and recused himself
from this item.
03:52:42 Discussion
03:56:56 Vote on the Motion to amend the budget to approve the grant request in full from Bridgercare
for $30,000. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
23
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 16 of 18
Disapprove:
None
03:57:25 Motion to amend the budget to fund the Bozeman Bike Kitchen at their full $3,000 request.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
03:57:39 Discussion
04:00:33 Meeting extended
Mayor Andrus extended the Meeting Until 10:20 p.m.
04:01:56 Vote on the Motion to amend the budget to fund the Bozeman Bike Kitchen at their full $3,000
request. The Motion carried 3 – 2.
Approve:
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
Cyndy Andrus
Terry Cunningham
04:02:16 Discussion
04:14:40 Meeting Extended
Mayor Andrus extended the meeting until 10:30 p.m.
04:23:19 Vote on the Motion to approve the City Manager's recommended FY23 budget. The Motion
carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
J) 04:23:32 Appointments
J.1 04:23:41 Appointments to the City-County Board of Health
Becky Franks.pdf
Buck Taylor.pdf
24
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 17 of 18
Interlocal Agreement_Board of Health.pdf
04:23:44 Public Comment
There were no comments on this item.
04:24:49 Motion to appoint Mayor Cyndy Andrus to the City-County Board of Health's Governing Body,
one City Commission appointee, Becky Franks, to a term ending June 2023 and one City Commission
appointee, Buck Taylor, to a term ending June 2024.
I-Ho Pomeroy: Motion
Jennifer Madgic: 2nd
04:25:55 Vote on the Motion to appoint Mayor Cyndy Andrus to the City-County Board of Health's
Governing Body, one City Commission appointee, Becky Franks, to a term ending June 2023 and one City
Commission appointee, Buck Taylor, to a term ending June 2024. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
K) 04:26:05 FYI / Discussion
• CM Mihelich recognized the work of Budget Analyst Kaitlin Johnson and Interim Finance
Director Rachel Harlow-Schalk.
• CM Mihelich reiterated that the website has updates on the Swim Center.
• DM Cunningham noted the Milkhouse Drive as an example of courtyard housing.
L) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
25
Bozeman City Commission Meeting Minutes, June 28, 2022
Page 18 of 18
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: August 23, 2022
26
Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
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
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 12, 2022
27
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager for Housing and
Development
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with the Human
Resource Development Council (HRDC) for Warming Center Operations
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to Sign a Grant Agreement with HRDC
for Warming Center Operations
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City Commission voted at their June 28, 2022 to award a $250,000 grant
to HRDC to support warming center operations.
From the Grant Application:
"This funding request aligns with the strategic plan in relation to the community
housing action plan, which states: Community Housing is homes that those
who live and/or work in Bozeman can afford to purchase or rent. This includes
apartments, townhomes, condominiums, emergency shelters, accessory
dwelling units, mobile homes and single family homes - all dwelling types -
serving the entire spectrum of housing needs. At present, the Bozeman
community's emergency overnight shelter is only able to operate from
November 1 through March 31 of each year due to limited funding. Extending
the shelter season for the provision of overnight shelter throughout the year
provides a multitude of community benefits. During 2021, seven community
members in Bozeman perished as a direct result from exposure to the outdoor
elements. Community members are being displaced from existing housing
daily due to increased housing costs and the sale of rental properties,
increasing the number of community members without housing. Expanding
services to year round overnight shelter will help meet emergent needs,
allowing community members a place to land until housing can be re-
established."
UNRESOLVED ISSUES:None.
28
ALTERNATIVES:At the direction of the City Commission
FISCAL EFFECTS:The City Commission voted to make the grant award using FY 2022 funds
that were available in the Community Housing Fund.
Attachments:
220815 HRDC_Warming Shelter Grant Agmt Part 2 final.docx
j. HRDC - IX Inc.pdf
Report compiled on: August 9, 2022
29
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 1
GRANT AGREEMENT
HRDC – Warming Center
THIS AGREEMENT is made and entered into this ____ day of __________, 2022 (“Effective
Date”), by and between the City of Bozeman, Montana, a self-governing municipal corporation
located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as Grantor and Human Resources
Development Council of District IX, Inc. (“HRDC”), a Montana nonprofit corporation located at
32 South Tracy Ave., Bozeman Montana 59715 as Grantee. Collectively City and HRDC may be
referred to herein as the “Parties.”
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, HRDC submitted a proposal to the City Commission for a grant of up to $250,000 for
operating a warming shelter at property leased by HRDC to serve as a warming shelter (the
“Property”) on land located at 2015 Wheat Drive, Bozeman Montana (the “Land”); and
WHEREAS, the City Commission finds there is a compelling public interest in alleviating the
need for emergency housing in the community as described in HRDC’s proposal and that the
project will serve a public purpose.
THE PARTIES AGREE:
1.Grant. The City will grant and release to HRDC a sum of up to two hundred forty one
thousand nine hundred twenty dollars ($250,000) from its Workforce Housing Fund (the
“Grant”) pursuant to the payment terms in Section 3.
2.Use of Grant Funds. Grant funds will be used by HRDC for the sole purpose of operating
a Community Warming Center as described in HRDC’s grant request (the “Project”),
attached hereto as Exhibit A and by this reference incorporated herein. The Parties
understand and agree this Agreement is for operational costs associated with the
Community Warming Center and in no way supersedes or amends the Grant Agreement
entered into between the Parties for costs related to construction activities at the
Project dated April 20, 2020.
30
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 2
3.Payment of Grant Funds
a. HRDC will invoice the City for $250,000 to receive payment in full, subject to the
terms of this Agreement.
b. Any funds from the Grant not awarded during the term of this Agreement will
remain in the City’s Workforce Housing Fund and will be available for other
appropriation.
4.Term. The term of this Agreement will commence on the Effective Date and expire on
October 31, 2023, unless earlier terminated as provided herein.
5.Repayment of Grant Funds.
a.Use of Property for a Public Purpose. The City is agrees to grant the Grant funds
only for the purposes described in HRDC’s grant request attached as Exhibit A.
6.Grantee Representations
a. HRDC has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect HRDC’s performance under this
Agreement.
b. HRDC represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said
obligations 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
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 for HRDC to meet this
warranty.
31
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 3
c. HRDC represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
d. HRDC represents and warrants to the City the Leased Property will be used as a
Community Warming Center as described in HRDC’s proposal, attached hereto
as Exhibit A.
7.Permits and Compliance with Laws. HRDC will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with
construction or installation of the Improvements. Without limiting the foregoing, HRDC
will request and seek to obtain from the City or other appropriate governmental
authority all necessary land use, zoning, and building permits. HRDC will comply in all
material respects with all applicable environmental laws and regulations applicable to
the construction, installation, and operation of the Improvements, will obtain any and
all necessary environmental reviews, licenses or clearances under, and will comply in all
material respects with, environmental laws and regulations. In addition, HRDC shall
comply fully with all applicable state and federal laws, regulations, and municipal
ordinances related to worker safety including but not limited to 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, and the Americans with Disabilities Act.
8.Worker’s Compensation Insurance. HRDC shall provide in its construction contracts
related to the Project with all of its respective contractors that such contractors are to
be covered by a Worker’s Compensation insurance program with the State, a private
insurance carrier, or an approved self-insurance plan in accordance with State law, and
as further delinated in Section 14 of this Agreement.
9.Reports/Accountability/Public Information. If Grant funds are paid to HRDC, HRDC will
provide to the City a formal written report that includes, at a minimum, the proof of
expenses paid. HRDC agrees to develop and/or provide such other documentation as
requested by the City demonstrating HRDC’s compliance with the requirements of this
Agreement. HRDC must 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 monies
provided to HRDC pursuant to this Agreement were used in compliance with this
Agreement and all applicable provisions of federal, state, and local law. HRDC will retain
such records for ten (10) years after receipt of final payment under this Agreement
unless permission to destroy them is granted by the City. HRDC shall not issue any
32
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 4
statements, releases or information for public dissemination without prior approval of
the City.
10.Independent Contractor Status. The Parties agree that HRDC, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any
purpose. HRDC and its agents, employees, contractors, or subcontractors, are 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.
HRDC, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
11.Default and Termination. If HRDC fails to comply with any condition of this Agreement
at the time or in the manner provided for, the City may terminate this Agreement if the
default is not cured within fifteen (15) days after written notice is provided to HRDC.
The notice will set forth the items to be cured. If this Agreement is terminated pursuant
to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC
for the Project. In the event of termination, HRDC shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, damages of any nature
arising, or claimed to have arisen, as a result of the termination.
12.Limitation on HRDC’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by HRDC under this Agreement, HRDC’s
damages shall be limited to contract damages and HRDC 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 HRDC wants to assert a claim for damages of any kind or nature,
HRDC must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event HRDC fails to provide such
notice, HRDC shall waive all rights to assert such claim.
13.Representatives
a.City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the Economic Development Program Manager for Housing
33
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 5
and Development 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, HRDC may direct its
communication or submission to other designated City personnel or agents and
may receive approvals or authorization from such persons.
b.HRDC’s Representative. HRDC’s Representative for the purpose of this
Agreement shall be Heather Grenier or such other individual as HRDC shall
designate in writing. Whenever direction to or communication with HRDC is
required by this Agreement, such direction or communication shall be directed
to HRDC’s Representative; provided, however, that in exigent circumstances
when HRDC’s Representative is not available, City may direct its direction or
communication to other designated HRDC personnel or agents.
14.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC
agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, expenses,
action or other proceeding whatsoever including reasonable defense attorney fees, (i)
arising or purportedly arising out of, or resulting or purportedly resulting from, the
construction or installation of the Improvements, any violation by HRDC of any
agreement, condition or covenant of this Agreement, the maintenance and operation of
the Project, or the presence on any portion of the Land, of any dangerous, toxic or
hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii)
which is proximately caused by HRDC or its officers, agents, contractors, consultants 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 indemnitee(s) which would otherwise exist as to such
indemnitee(s). HRDC’s indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against HRDC to
assert its right to defense or indemnification under this Agreement or under HRDC’s
34
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 6
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines HRDC was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
HRDC also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, HRDC shall at HRDC’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 HRDC in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by HRDC in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and HRDC 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
35
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 7
General Liability policy. 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. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days of
HRDC’s receipt of notice that any required insurance coverage will be terminated or
HRDC’s decision to terminate any required insurance coverage for any reason.
15.Nondiscrimination and Equal Pay. HRDC agrees that all hiring by HRDC of persons
performing this Grant Agreement shall be on the basis of merit and qualifications. HRDC
will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. HRDC
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.
HRDC 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). HRDC 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.
HRDC shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
16.Public Meetings and Access to Public Records
a. Meetings of HRDC that pertain to the receipt or expenditure of Grant funds from the
City are subject to the open meeting requirements of Montana law, including those
set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure
compliance, HRDC will provide agendas for meetings that pertain to the receipt or
expenditure of Grant funds covered by this Agreement to the City Clerk’s office no
later than 72 working hours prior to meeting for notice on the City’s official posting
board and any other sites deemed reasonable by the Clerk’s office. In addition,
meeting minutes will be kept by HRDC and provided to the City Clerk’s office no later
than 90 days after the meeting. These minutes shall be posted and made available
to the public by the City Clerk’s office except for those minutes taken during a closed
36
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 8
meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting
shall also be provided to the City Clerk’s office but shall be handled in accordance
with the City Clerk’s regular executive session protocol and kept private in a secured
cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, HRDC shall make
such records available for inspection and copying by members of the public. HRDC
may charge for such copying in accordance with the policies of the City, which HRDC
hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in HRDC documents is protected
by law from disclosure, HRDC may seek a determination of the City Attorney at no
cost to HRDC. Such request and determination shall not create an attorney-client
relationship between HRDC and the City.
17.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
18.Integration and Modification. This document contains the entire agreement between
the Parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both Parties.
19.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
37
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 9
court of competent jurisdiction in compliance with the Applicable Law provisions
of this Agreement.
20.No Assignment. HRDC may not subcontract or assign HRDC’s rights, including the right
to Grant payments, or any other rights or duties arising hereunder, without the prior
written consent of City.
21.Successors Bound By Agreement; No Third Party Beneficiary. This Agreement will
inure to the benefit of and be binding upon the Parties and their respective successors
in interest and permitted assignees. 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.
22.Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
23.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.
24.Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
25.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
26.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.
38
FY 2022 Grant Agreement – HRDC for Community Warming Center
Page 10
IN WITNESS WHEREOF,the Parties hereto have executed this instrument the day and year
indicated below.
CITY OF BOZEMAN
_______________________ Date: __________
Jeff Mihelich, City Manager
HRDC
_______________________ Date: __________
Heather Grenier, President and CEO
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
39
FY 2022 Grant Agreement – HRDC for Community Warming Center
Exhibit A
Grant Request
40
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Friday, March 18, 2022 8:37 AM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests HRDC District IX
Budget request from HRDC District IX.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, March 17, 2022 8:39 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/17/2022 8:39 PM
Response #: 13
Submitter ID: 49568
IP address: 192.161.70.51
Time to complete: 45 min. , 56 sec.
Survey Details
Page 1
1. Entity Name
HRDC District IX, Inc.
2. Entity's Physical Address
Street Address 32 S Tracy Avenue
Unit # Not answered
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
47
4. Link to Most Recent Annual Financial Report
https://thehrdc.org/wp‐content/uploads/2021/06/HRDC‐Audit‐Report‐FYE‐06.30.20.pdf
5. Dollar Amount Requested for the Fiscal Year
$250,000
41
2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
This funding request aligns with the strategic plan in relation to the community housing action plan, which states:
Community Housing is homes that those who live and/or work in Bozeman can afford to purchase or rent. This includes
apartments, townhomes, condominiums, emergency shelters, accessory dwelling units, mobile homes and single‐family
homes – all dwelling types – serving the entire spectrum of housing needs. At present, the Bozeman community's
emergency overnight shelter is only able to operate from November 1 through March 31 of each year due to limited
funding. Extending the shelter season for the provision of overnight shelter throughout the year provides a multitude of
community benefits. During 2021, seven community members in Bozeman perished as a direct result from exposure to the
outdoor elements. Community members are being displaced from existing housing daily due to increased housing costs and
the sale of rental properties, increasing the number of community members without housing. Expanding services to year
round overnight shelter will help meet emergent needs, allowing community members a place to land until housing can be
re‐established.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Community Members, Businesses and Faith Partners
Amount $ 350,000
#2 Name Not answered
Amount $ Not answered
#3 Name Not answered
Amount $ Not answered
8. Contact Information for Entity
First Name Heather
Last Name Grenier
Phone Number (406) 587‐4486
Email Address hgrenier@thehrdc.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
42
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with One Valley
Community Foundation for Investment in the Regional Housing Coalition
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to sign a grant agreement with One Valley
Community Foundation for investment in the Regional Housing Coalition.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City Commission voted at their June 28, 2022 to award a $50,000 grant
to One Valley Community Foundation for the Regional Housing Coalition.
From the Grant Application:
"The Regional Housing Coalition (RHC) is being created as long-term
infrastructure that will inform citizens, organize partners and resources, and
catalyze action to address our region’s housing needs. The RHC will be an
ongoing project of the One Valley Community Foundation, convening diverse
partners to coordinate and activate solutions to housing affordability and
availability needs in Gallatin County."
UNRESOLVED ISSUES:None.
ALTERNATIVES:At the direction of the City Commission.
FISCAL EFFECTS:The City Commission voted to make the grant award using FY 2022 funds
that were available in the Community Housing Fund.
Attachments:
One Valley Grant - Budget Request.pdf
Report compiled on: August 15, 2022
43
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 1
GRANT AGREEMENT
One Valley Community Foundation: Regional Housing Coalition
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between
the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse
Ave., Bozeman MT 59771 (“City”) as GRANTOR and One Valley Community Foundation, a
nonprofit organization that identifies and addresses the priorities and concerns of the Gallatin
Valley located at 1627 W. Main Street, Bozeman, Montana 59715 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, One Valley Community Foundation submitted a proposal to the City Commission for
a grant of $50,000 to support the initial implementation of the Regional Housing Coalition (the
“Project”) that would benefit from the City funding; and
WHEREAS, on June 28, 2022, the Commission appropriated $50,000 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand
dollars ($50,000) from its Workforce Housing Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to fifty thousand dollars ($50,000)
will be used by GRANTEE for the sole purpose of supporting the initial implementation
of the Regional Housing Coalition as described in the proposal submitted by Grantee to
the City Commission, attached hereto as Exhibit A and by this reference incorporated
herein.
3. Payment of Grant Funds
Grantee will invoice the City for up to $50,000 to receive payment in full, subject to the
terms of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
44
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 2
and regulations that in any manner may affect Grantee’s performance under this
Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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
for GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. For all Grant funds paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid with grant funds. GRANTEE agrees to develop and/or provide
such other documentation as requested by the City demonstrating GRANTEE’s
compliance with the requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this
Agreement were used in compliance with this Agreement and all applicable provisions
of federal, state, and local law. GRANTEE will retain such records for seven years after
receipt of final payment under this Agreement unless permission to destroy them is
granted by the City. GRANTEE shall not issue any statements, releases or information
for public dissemination without prior approval of the City.
6. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
45
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 3
7. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement
is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds
already delivered to GRANTEE for the Project.
8. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
9. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be David Fine, Economic Development Program Manager, or
such other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, GRANTEE may direct its communication or
submission to other designated City personnel or agents and may receive
approvals or authorization from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this
Agreement shall be Bridget Wilkinson or such other individual as GRANTEE shall
designate in writing. Whenever direction to or communication with GRANTEE is
required by this Agreement, such direction or communication shall be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
46
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 4
when GRANTEE’s Representative is not available, City may direct its direction or
communication to other designated GRANTEE personnel or agents.
10. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained
by City.
Should any indemnitee described herein be required to bring an action against GRANTEE
to assert its right to defense or indemnification under this Agreement or under
GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled
to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or
negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
47
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 5
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the
City without limit and without regard to the cause therefore and which is acceptable to
the City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. 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. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business
days of GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance coverage for any
reason.
11. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
48
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 6
GRANTEE 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). GRANTEE 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.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
12. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE will provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s
office no later than 90 days after the meeting. These minutes shall be posted and
made available to the public by the City Clerk’s office except for those minutes taken
during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a
closed meeting shall also be provided to the City Clerk’s office but shall be handled
in accordance with the City Clerk’s regular executive session protocol and kept
private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public
and to determine whether information contained in GRANTEE documents is
protected by law from disclosure, GRANTEE may seek a determination of the City
Attorney at no cost to GRANTEE. Such request and determination shall not create
an attorney-client relationship between GRANTEE and the City.
49
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 7
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents
of either party not contained in this written Agreement may be considered valid or
binding. This Agreement may not be modified except by written agreement signed by
both parties.
15. 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.
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or
entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
50
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Page 8
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager
City of Bozeman
_______________________ Date: __________
Bridget Wilkinson, President & CEO One Valley Community Foundation
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
51
FY 2022 Grant Agreement – One Valley Regional Housing Coalition
Exhibit A
Exhibit A
Grant Proposal
52
March 18, 2022
To the City of Bozeman Administration and Commission,
The One Valley Community Foundation respectfully requests that a $50,000
investment in the Regional Housing Coalition be included in the City Manager’s
FY23 Recommended Budget to the Bozeman City Commission.
The Regional Housing Coalition (RHC) is being created as long-term
infrastructure that will inform citizens, organize partners and resources, and
catalyze action to address our region’s housing needs. The RHC will be an
ongoing project of the One Valley Community Foundation, convening diverse
partners to coordinate and activate solutions to housing affordability and
availability needs in Gallatin County.
A Regional Approach
The One Valley Community Foundation connects people who care with causes
that matter. We do this by engaging and listening to community partners and
individuals, and by acting as an even-handed convenor of diverse public and
private partners to engage in local solution making. We lead from behind – or
out front when it best serves our community.
Housing is a regional problem that requires regional solutions. The City of
Bozeman, nonprofits, employers, philanthropists, and many other community
partners are marshaling resources to address housing needs in our County. One
Valley Community Foundation has intentionally crafted its Regional Housing
Initiatives to support those efforts by acting as a convenor and connection point
for engaging in collaborative housing strategies. Additionally, we can support
these strategies by acting as a conduit for communication and education that
crosses sectors and silos.
We believe that in order to influence escalating affordability issues, we need
both shovels in the ground building homes and the RHC to address upstream
issues like wages, childcare, and conflicting policies.
53
The Regional Housing Coalition
The coordination of partners, funding, and solutions does not exist right now.
This creates the opportunity for One Valley Community Foundation to do what it
does well: marshal resources, convene partners, and provide accountability and
structure for collective action.
We invite the City of Bozeman to continue partnering with One Valley
Community Foundation in addressing increasingly critical regional housing
needs by supporting the implementation of the Regional Housing Coalition with
a budget appropriation for FY23, as well as the dedication of staff and
Commissioner participation. A preliminary implementation plan, project
description, and expected outcomes of the RHC tied to the City of Bozeman’s
Strategic Plan are further described in this request.
In gratitude,
Bridget Wilkinson, President and CEO
One Valley Community Foundation
54
Regional Housing Coalition Project Description:
One Valley Community Foundation will form and convene the Regional Housing
Coalition (RHC), a collaboration among diverse public and private partners in
Gallatin County that will identify shared priorities and implement actionable
solutions to address housing needs. Our Regional Housing Coalition will be
structured using the proven Collective Impact framework and informed by
lessons learned by the Tahoe-Truckee Community Foundation’s Mountain
Housing Council.
Established partnerships during the development stages of the project will
evolve into formalized partners of the RHC. Individual thought partners, HRDC
IX, the City of Bozeman, Future West, Headwaters Community Housing Trust,
Gallatin County, and individual employers and professionals from the private
housing industry have all contributed to developing the RHC. We look forward
to ongoing and effective partnerships with those and other organizations after
implementation.
The RHC will be civic infrastructure built upon a foundation of robust
community engagement, data collection, research, and partner investment and
input. Its objectives include:
1. Public Education: To report on housing and other community data in addition
to sharing updates on solution making in layman terms and through storytelling
to inform and activate the public and foster engagement.
2. Contribute to Decision-making: To use publicly available and original data to
assess evolving housing needs throughout Gallatin County’s population and
geography and identify and act on a portfolio of vetted strategies that inform
local and state government policy.
3. Coordination and Cooperation: The RHC serves as a forum for agencies,
organizations and interests to increase partnerships and amplify communication
and sharing of resources to catalyze projects and results.
4. Accountability: The RHC holds partners accountable to contribute to and
measure progress on identified goals by tracking metrics on a public dashboard.
One Valley will ensure RHC members create a common agenda, create
measurable impact objectives, coordinate mutually reinforcing activities, provide
continuous communication, and will lead from behind by creating accountability
as the backbone support organization.
55
5. Attract Capital: Attract capital to support a regional funding source(s) for
housing education and programming, as well as affordable home preservation
and development.
6. Advocate: The RHC will advocate for policies and programs that support the
goals identified by the RHC and the strategies employed to reach those goals.
The common agenda of the RHC will be agreed upon by its membership. A
place to start may be:
•To align housing costs and availability with wages & job
locations in Gallatin County.
•To create a Regional Housing Strategy for Gallatin County.
•To increase funding sources for local housing solutions.
The Intended Outcomes of the RHC are described here, although outcomes and
related impacts are determined by RHC membership, so this list will evolve with
the agreed-upon priorities and actions of the RHC.
Short term – Year 1:
•Identify and convene public and private partners {An Engaged Community
1.2 Community Engagement, 1.3 Public Agencies Collaboration, 1.4
Business and Institutional Partnerships}
•Provide targeted convening opportunities for local government staff and
officials, nonprofit housing partners, and members of the private housing
industry {1.3 Public Agencies Collaboration, 1.4 Business and Institutional
Partnerships}
•Partners identify shared priorities, goals, and metrics
•Prepare for the next legislative session {1.3.f Public Agencies
Collaboration}
•Pair housing needs with Solution Strategies, and action steps. Assign
steps.
•Map existing or planned regional housing projects/initiatives.
•Identify efficiencies, shared resources, and collaborations that could
expedite or improve housing projects/initiatives.
•Create a fund to support housing projects.
56
•Develop an affordable housing strategy/agenda and implementation
plans, including a policy platform. {1.3 Public Agencies Collaboration, A
Well-Planned City 4.1 Informed Conversation on Growth, 4.3.f Prepare for
MPO, 4.5 Housing and Transportation Choices}
•Research and develop white papers/policy recommendations based on
real-world data. [A Well-Planned City 4.1 Informed Conversation on
Growth, 4.5 Housing and Transportation Choices}
•Educate the public to increase community understanding of and support
for effective policy, increase philanthropic dollars and decrease
hopelessness knowing that the wheels are moving. {An Engaged
Community 1.2 Community Engagement}
•Shift the conversation on what “affordable” means. {An Engaged
Community 1.2 Community Engagement, 3.3 Anticipate, celebrate, and
incorporate an increasingly diverse population}
•Raise and/or create access to $X for housing solutions. {4.5 Housing and
Transportation Choices}
Long term – years 5-10
•Change X policy to ensure tax revenues for housing development {1.3.f
Public Agencies Collaboration}
•Help in the development of X affordable/achievable housing units {1.3
Public Agencies Collaboration, A Well-Planned City 4.1 Informed
Conversation on Growth, 4.3.f Prepare for MPO, 4.5 Housing and
Transportation Choices}
•Help push for another X affordable/achievable housing units {1.3 Public
Agencies Collaboration, A Well-Planned City 4.1 Informed Conversation
on Growth, 4.3.f Prepare for MPO, 4.5 Housing and Transportation
Choices}
•See positive changes in indicators tied to workforce housing and quality of
life {A Safe, Welcoming Community 3.2 Health and Safety Action, 3.3
Friendly Community
Measurable indicators will be tied to the prioritized Strategies and Action Steps
that the RHC membership identifies. Examples of indicators can include:
•# of units for local workforce created, preserved, and converted from STR
to long-term rental units.
•Alignment of and new financial capital available for local housing
•Community Engagement in accelerating solutions
Medium term – years 2-5 :
57
•Implementation of an innovative regional policy agenda (County – Housing
Strategy)
Budget and timeline:
The RHC final planning phase will begin in June 2022 and continue through the
initial meeting of the coalition. The first meeting of the Regional Housing
Coalition is expected to take place in the fourth quarter of 2022, and quarterly
after that. Interim meetings of subcommittees and research teams will meet as
scheduled between quarterly convenings of the RHC.
One Valley has submitted a Planning Grant proposal to the Montana Healthcare
Foundation to defray staff and some limited consultant hours to move the RHC
from its final stages of development in Q1 and Q2 of FY23, and into its
implementation in Q2 of FY23 and beyond.
The appropriation from this Budget Request would serve as the City of
Bozeman’s investment in the initial implementation of the Regional Housing
Coalition as key members of that decision-making body. Similar (scaled) budget
requests are being made of Gallatin County and the other incorporated
communities in Gallatin County. These requests are submitted now according to
local government budgeting processes and timelines. Grant applications and
other funding requests will be made of private partners and foundations later
this calendar year.
Once in operation, partners will include RHC members representative of diverse
sectors of our community and population. Although formal agreements have not
yet been signed, local government representation, large and small employers,
nonprofit housing partners, and workers, parents, young professionals, older
adults, people of color, cost-burdened households, and others will be invited to
the table. Some partners will contribute to the RHC by investing financial
resources to the operations of the coalition and its work, and others will
contribute staff time, social and/or political capital, in-kind donations such as
communications work or expertise.
The Regional Housing Coalition aligns with many of the Vision Statements in the
City of Bozeman’s Strategic plan, addressing head-on many of the objectives
58
listed under An Engaged Community, A Safe, Welcoming Community, and A
Well-Planned City. Of the Prioritized Work listed in the Strategic plan, the RHC
and its ongoing impact will address elements of Community Outreach,
Affordable Housing, and Planning and Land Use Initiatives – the top three
priorities.
Not only is the City of Bozeman Strategic Plan fulfilled in part by investing
financial and human capital in the RHC, but the City of Bozeman’s leadership and
influence are also valuable contributions to the positive outcomes of this regional
coalition. Please consider making this initial financial investment for FY23, as well
as the invaluable contribution of staff and Commission time, wisdom, and
political capital.
59
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Water Resources Engineer
Lance Lehigh, Interim City Engineer
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Red Tiger Drilling
Inc. for the Fire Station 1 Well Abandonment Project and Final Contract
Documents Once Received
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Red Tiger Drilling
Inc. for the Fire Station 1 Well Abandonment Project and Final Contract
Documents once received.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Historically the City has dealt with the operation and maintenance
challenges presented by the seasonal freezing and ice damming of Bozeman
Creek. To prevent the buildup of ice dams within the creek corridor in the
downtown area, City Street Department personnel would enter the creek
with chest waders and tools to manually brake up or remove ice. In an effort
to prevent this hazardous and laborious task from perennially occurring, a
series of ice control wells were installed along the downtown reach of
Bozeman Creek to introduce supplemental heat from groundwater to reduce
the buildup of ice. The largest of these ice control wells is currently located
at 34 N Rouse Avenue within the basement of Fire Station 1.
With the construction of the Bozeman Public Safety Center at 901 N. Rouse,
the Bozeman City Commission determined, by a vote of 5-0 on July 27, 2021,
that Fire Station No. 1 is no longer needed for public use and the public
interest would be furthered by the sale of the property. With the sale and
vacation of the property, the ice control well must be relocated to allow
continued use of the water right to prevent ice buildup within Bozeman
Creek.
To facilitate the relocation effort the City entered into a professional service
agreement (PSA) with Morrison-Maierle on April 26th, 2022 for design, site
selection, and water rights permitting. Through this effort, it was determined
that the most efficient and cost-effective path to permit the well relocation
60
would be to follow the Montana Department of Natural Resources and
Conservation (DNRC ) replacement well process. The well replacement
process requires that the existing well must be abandoned before a
replacement well may be put to use. With the sale of Fire Station 1 the
abandonment of the well must be completed before the station and
property are transferred.
Through Morrison-Maierle, City Engineering staff prepared a limited
solicitation to obtain bids from three local contractors that have performed
similar work. Of the solicited contractors only one provided a signed bid and
acknowledged their ability to meet the City’s required schedule. The
received bid is from Red Tiger Drilling, Inc. and is recommended for award.
Attached is the Notice of Award and Contract Documents which includes a
copy of the solicitation notice.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by Commission
FISCAL EFFECTS:This contract totals $19,483.75 and will be funded by sell proceeds from Fire
Station No. 1, of which $100,000 is slated for this project. With the approval
of this contract and the previously obligated fee of $50,100.00 for Morrison-
Maierle services, the remaining project budget will be $30,416.25.
Attachments:
NoticeOfAward_FS1WellAbandonment.pdf
FS1 Well Abandonment_Contract Documents.pdf
Report compiled on: August 11, 2022
61
NOTICE OF AWARD
Dated: __________________
TO: Red Tiger Drilling Inc.
ADDRESS: 110 Two Dog Rd., Three Forks, MT 59752
PROJECT: Fire Station No.1 Well Abandonment Project
CONTRACT FOR: Fire Station No. 1 Well Abandonment Project
You are notified that your Bid opened on July 22, 2022, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the: Fire Station Well Abandonment Project The
Contract Price of your Contract is: Nineteen Thousand Four Hundred and Eighty-Three Dollars &
75/100 ($19,483.75).
Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two
(2) sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice of
Award:
1. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified the Construction
Agreement Section 27.i.
3. List other conditions precedent:
You must deliver with the Certificates of Insurance as specified in the Construction Agreement Section 27.h.
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to
annul this Notice of Award.
Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY: ____________________________
(CITY MANAGER) (CITY CLERK)
DATE: _______________________________
62
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 1 of 17
CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________,
202__ (“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, Red Tiger Drilling Inc., hereinafter
referred to as “Contractor.” The City and Contractor may be referred to individually as “Party”
and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed:
a. A description of the work to be performed to Fire Station No. 1 Well
Abandonment Project (the “Construction Project”) and Contractor’s duties is set forth in
the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof,
and in the drawings, plans, and specifications provided by the City, which are included in
the Scope of Services attached hereto as Exhibit A. Unless otherwise provided in the Scope
of Services, the Contractor shall furnish all the labor, materials, equipment, tools, and
services necessary to perform and complete the Work.
b. Contract Documents: The Contract Documents which comprise the entire
agreement between the City and Contractor as attached to or referenced in this Agreement,
are made a part hereof by this reference and consist of the following:
i. This Agreement.
ii. Exhibit A – Well Abandonment Solicitation Memorandum
iii. Proof of Insurance and Performance and Payment Bonds.
iv. Montana Public Works Standard Specifications, 7th Edition (MPWSS),
and as further amended by the City of Bozeman Modifications to
MPWSS.
v. Notice to Proceed
c. Notice to Proceed: Prior to the issuance of the Notice to Proceed the
Contractor shall furnish executed copies of the required Bonds, Power of Attorney,
Certificate of Insurance, Copy of their Water Well Contractor License and submit all copies
63
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 2 of 17
to t h e C i t y . The City shall execute all copies and return two copies to the Contractor.
Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain
three copies.
d.Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications.
d.Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
e.During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2.City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted in Exhibit A to this
Agreement.
3.Time of Performance: Contractor shall begin the Construction Project after
receiving a Notice to Proceed from City and shall complete the Construction Project within seven
(7)working days and no later than September 23rd, 2022. Time is of the essence of completion
of all work and each phase of the Construction Project.
4.Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
5.Compensation:
a.City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of
nineteen thousand four hundred and eighty-three dollars and seventy-five cents
($19,483.75).
64
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 3 of 17
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement including provided the certified well abandonment log and twenty percent
(20%) warranty bond are provided to the City and the timely completion of the
Construction Project and any and all “punch list” items (“Retainage Amount”). The
Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final
acceptance of the portion of work..
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
65
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 4 of 17
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
66
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 5 of 17
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
67
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 6 of 17
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
68
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 7 of 17
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 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 12, 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.
13. 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 work on the Construction Project, 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.
69
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 8 of 17
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(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.
14. 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 ten (10) 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.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be __Griffin Nielsen__ 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
70
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 9 of 17
other designated City personnel or agents 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 ___Troy Hauser____ 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.
16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City
Documents and Information”). All City Documents and Information shall be the exclusive
property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right,
title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other
intellectual property rights, except to the extent necessary to complete its obligations to the other
under this Agreement.
71
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 10 of 17
19. 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.
20. 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.
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.
21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
72
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 11 of 17
a. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to
resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. 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.
23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
73
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 12 of 17
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor 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 applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
27. Indemnification; Insurance; Bonds:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
74
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 13 of 17
d. 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.
e. 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.
f. 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.
g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. 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 subsection (a) of this Section. The insurance shall cover and apply to
all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the
cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
Workers’ Compensation – not less than statutory limits;
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;
Products and Completed Operations – $1,000,000;
Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
75
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 14 of 17
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other
insurance;
Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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.
i. Performance and Payment Bonds: The Contractor shall furnish a
Performance Bond and a Payment Bond in favor of the City each in an amount equal to
one-hundred Percent (100%) of the Agreement amount.
j. Warranty Bond: The Contractor shall furnish a warranty bond in favor of
the City and extending for a period of two-years from the date of substantial completion.
The bond amount shall be 20% of the Agreement amount.
28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. Dispute Resolution:
76
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 15 of 17
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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
37. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
38. 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.
77
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 16 of 17
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein 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.
43. 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
78
Construction Agreement for Fire Station No. 1 Well Abandonment Project
FY2023
Page 17 of 17
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
79
Exhibit A
80
memo
Page 1
TO: Potts Drilling
FROM: Pat Eller, PG
DATE: 06/28/2022
JOB NO.: 0417.092
RE: Well Abandonment – Firehouse 1 – Ice Control Well
CC: Griffin Nielson, City of Bozeman
Urgent For Review Please
Comment Please Reply For Your Use
Introduction
This project entails abandonment of the Ice Control Well located within the Firehouse #1 building.
Firehouse #1 is located on the corner of North Rouse Avenue and East Mendenhall Street at 34
North Rouse Avenue. See attached Site Map for location details. The following memorandum
discusses existing site conditions, well conditions and abandonment program. Well abandonment
must take place prior to sale of the building but City staff residing at the department would prefer
abandonment takes place in the first half of September 2022 as the well is the only source of
cooling for the building but must be complete prior to September 16th, 2022. Well abandonment
must be completed by a licensed water well contractor and follow A.R.M. 36.21.670 through
36.21.678. It is assumed that abandonment operations may take two days effort. All operations
are anticipated to take place on-site without need for traffic control. No portion of abandonment
work will take place within the North Rouse right of way.
Current Conditions
The well is located in the southwest corner of the building within a utility closet. Attached pictures
and diagrams show existing plumbing layout in the utility room. The well is centered in the utility
room. Reported well completion includes 20-inch casing from surface to 150 feet where it
transitions to 16-inch casing. 16-inch casing extends to a reported depth of 303 feet. A field
investigation identified perforations starting at surface with visible inflow of water 23 feet below
floor elevation. Static water level is unknown as the well was running during the investigation. An
official well log does not exist. Table 1 identifies assumed well completion and associated well
volumes.
Table 1: Existing Well Information
Casing
Size
(inches)
Depth
(ft)
Interval
Length
(ft)
Casing
Volume
(cu. ft)
Casing
Volume
(gallons)
Bags of 94lb Portland Cement
Assuming 1.1 cu.ft/bag
20 0-150 150 303 2268 276
16 150-303 153 194 1452 176
81
Well Abandonment – Firehouse 1 – Ice Control Well
Page 2
Existing pumping equipment in the well includes three separate well pumps. The large pump
hangs on what appears as 3 to 4-inch “Boreline” well-hose. The other two pumps hang on 2-inch
HDPE pipe. All three are reported to hang at 55 to 65 feet below floor elevation.
Table 2: Pumping Equipment
Pump 1 54’ of 3-inch Well-Hose 5-HP motor and pump
Pump 2 60’ of 2-Inch HDPE 1-HP motor and pump
Pump 3 65’ of 2-Inch HDPE 1-HP motor and pump
Access to the well will be though Bay 1 in the Firehouse. Working backward from the well, there
is a 50-foot hallway from the well to a set of stairs, then up two flights of stairs that total 25 feet.
From the top of the stairs, it is 10 feet to bay 1. Therefore, a minimum of 100 feet of piping and/or
hose will be required to reach the well from grouting equipment and approximately 200 feet to
reach stormwater from the well through the east side of Bay 1 and along the east side of the
building.
Abandonment Program
Well abandonment will necessarily take place within an occupied building; therefore, notice is
required prior to start of work. Provisions for protection of existing infrastructure including walls,
floors, floor coverings, etc will be implemented. This includes protection such as floor runners and
plastic sheeting to cover equipment in the utility room. Anticipated work methods should ensure
that water/grout does not flood the basement. Work hours will be limited since the building
provides overnight residence to staff.
There is an existing hand crane within the utility room that can be used at the contractor’s
discretion to remove pump equipment from the well. It is assumed that drop pipe can be perforated
by hand as removed allowing all water to drain from pump column down the well bore. The pumps
and motors will be evaluated for salvage value. Wire and drop pipe will be properly disposed.
It is anticipated casing perforations will allow water proceeding grout uphole to return to the
aquifer. A trash pump shall be installed in the borehole to capture water that doesn’t exit the
perforations during grouting operations. Water from the trash pump will be discharged to the local
storm drain if clear and not sediment laden. Water can be discharged to a storm water inlet located
at the northwest corner of the building. This inlet is located on the south side of Mendenhall near
its intersection with Rouse. The inlet on North Rouse will not be utilized. If water is discharged to
a storm water inlet, straw wattles will be placed around the inlet and water discharged to the street
gutter prior to the inlet. All sediment laden water discharged will be captured and disposed of at
a proper location. The COB owns a 3000-gallon water truck they can make available for use to
collect turbid water near the end of abandonment.
Anticipated schedule of operations:
1. De-energize equipment
2. Lay plastic and/or other protective barrier on floor and walls within utility room
3. Lay floor protection along access route from utility closet to exterior door
4. Remove pumping equipment from well and building
5. Tag bottom of well with tag line to verify depths and measure static water level
82
Well Abandonment – Firehouse 1 – Ice Control Well
Page 3
6.Run tremie pipe to within 20-feet of bottom of well
7.Run Trash pump intake into well
8.Run lay flat hose to street gutter east of storm inlet
9.Grout hole to approximate floor elevation with neat cement grout or a combination of
bentonite and cement grout
a. Run trash pump concurrently to ensure displacement water does not overtop
casing during grouting operations
b.Tag top of grout during pumping operations
10.Remove trash pump and tremie pipe from hole and building
11.Remove protective runners from floor and walls within building and utility room
12.Clean up spills
13.Tag cement top after overnight cure and place extra grout to surface if the cement top
has settled since placement to bring final cement top elevation equal to floor elevation.
14.Provide certified well abandonment log
Placing cement grout using positive displacement methods is proposed for the entire
abandonment process to limit exposure to airborne sand/ bentonite particles in the confined space
and to provide a solid column under future buildings to limit liability. Due to the large amount of
perforations and highly permeable nature of the aquifer at this location, bentonite grout can be
placed in in lieu of cement from bottom of hole to 20 feet below floor elevation to limit grout loss
to aquifer at the contractor’s preference. Cement grout will be placed from 20 feet below floor
elevation to top of well. The solicitation assumes cement grout will be utilized for abandonment of
hole. Cement volume is calculated at 550 feet sacks including 20 percent overrun. Dependent on
the formation characteristics and actual well construction, greater than 550 sacks may be required
for abandonment.
The anticipated schedule of operations is based on the abandonment design within, the well
contractor may propose alternate methods of abandonment, which will be evaluated by the City
and the City’s Engineer. Independent of methodology utilized, all equipment will be situated such
that the building can be locked overnight. Hours of operation will be limited from 7 AM to 5 PM.
Expanded hours may be evaluated and approved by the owner prior to start of work.
Schedule and Cost
Please provide a cost for completing abandonment work. The work will be completed on a lump
sum basis and contracted through the City of Bozeman using their Construction Contract. Please
provide the signed estimate back to Pat Eller, of Morrison-Maierle, Inc. electronically at neller@m-
m.net or by mail at PO Box 1113, Bozeman MT 59715 by July 15th, 2022.
Questions regarding work can be directed to Pat Eller @ neller@m-m.net or by phone at 406-
581-7655.
Abandonment Fee _______________ _ (dollars)
Please provide confirmation that services will be completed in their entirety by September
23th 2022. (initial)
Print Name Title
Signature Date
83
SITE MAP
CITY OF BOZEMAN - ICE CONTROL WELLDRAWN BY: NPE CHK'D BY: NPE APPR. BY: NPE DATE:
BOZEMAN MT
COPYRIGHT MORRISON-MAIERLE, INC., 2021
\\mmi\Share\Bozeman\Projects\0417\092 - Ice Control Well\GIS\Downtown Ice Wells Map.mxd
FIGURE NO.
PROJECT NO.
0417.092
1
2880 Technology Blvd WestBozeman, MT 59718
Phone: (406) 587-0721Fax: (406) 922-6702 6/23/2022
CITY OF BOZEMAN
Gallatin County, Montana
Fire House 134 North Rouse AvenueBozeman MT
Project Location
Vicinity Map
0 500 1,000250Feet µ
0 50 10025Feet
±
STORM WATER INLET
FIREHOUSE 1 BUILDING
BAY 1
APPROX WELL LOCATION
84
Firehouse #1 Bay 185
Top of stairs looking in from Bay 1, far door goes tooffice and front doorStairs to Basement
86
Hallway to Utility RoomUtility RoomLine Diagram
87
Utility closet with well, piping and controlsWell head with pipingIce Control WellPumpTwo well pumps forcooling and ice controlpurposes88
Downhole ViewWell head with pipingPerforations3-inch well hose2-inch hdpe2-inch hdpePerforations withinflow of water at23 feet below floor
89
Handcrank on legsLegs for pulling pump - 5 bolt together pieces withhand crank
90
91
92
93
94
95
96
97
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
See the Montana Public Works Standard Specifications Seventh (7th) Edition and as
further amended by the City of Bozeman Modifications to MPWSS
98
99
Memorandum
REPORT TO:City Commission
FROM: Suzanne Ryan, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of
Dedication and a Mutual Access and Parking Easement and Agreement with
19th Capital Group, LLC for the University Crossing Site Plan (21327)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication and a Mutual Access and Parking Easement and Agreement with
19th Capital Group, LLC for the University Crossing Site Plan (21327).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Conditional Irrevocable Offer of Dedication
Mutual Access and Parking Easement and Agreement
Report compiled on: August 12, 2022
100
101
102
103
104
105
106
107
108
Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Utility Easement with Henry Building,
LLC for Home Base Partners Block 3 and 4 Site Plan (21231)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Henry Building,
LLC for Home Base Partners Block 3 and 4 Site Plan (21231).
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:
Utility Easement
Report compiled on: August 12, 2022
109
110
111
112
113
114
Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Drainage Easement with Northwest
Crossing Commercial Owners Association and Northwest Crossing
Residential Owners Association for The Northwest Crossing Phase 1
Subdivision Final Plat (21482)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement with Northwest
Crossing Commercial Owners Association and Northwest Crossing
Residential Owners Association for The Northwest Crossing Phase 1
Subdivision Final Plat (21482).
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: August 10, 2022
115
116
117
118
119
120
121
Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Nicholas Ross, Director or Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Public Access Easement with Montana
State University Innovation Campus for the MSU Innovation Campus-
Invention Drive Project (21304)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Access Easement with Montana
State University Innovation Campus for the MSU Innovation Campus-
Invention Drive Project (21304).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Access Easement
Report compiled on: August 5, 2022
122
123
124
125
126
Memorandum
REPORT TO:City Commission
FROM:Mike Gray - Facilities Superintendent
Mitch Overton - Parks and Recreation Direction
Jamie Saitta - Recreation Manager
SUBJECT:Authorize the City Manager to Sign a Construction Agreement with Ingram-
Clevenger, Inc. for Story Mill Community Center HVAC and Electrical
Upgrades
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a construction agreement with Ingram-
Clevenger, Inc. for Story Mill Community Center HVAC and Electrical
Upgrades.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Story Mill Community Center is a widely used recreation facility, featuring a
large indoor gymnasium as well as recreation dept. offices. The facility is
available for public rental, and hosts a number of recreation programs. A
prior Phase 1 renovation of the building did not include improvements to
the HVAC and ventilation systems, which has left the building unconditioned
during summer months. A lack of cooling capacity and air exchange reduces
the buildings ability to serve as a year round recreation facility. Gyms require
a significant amount of air exchange to maintain suitable air quality, and the
current radiant heating system does not allow for existing exhaust
ventilation fans to operate while maintaining building temperature. The
installation of a heat recovery ventilation system will improve air exchange
rates while minimizing energy loss. Additionally, a planned replacement of
the gym floor from rubber tile to hardwood (GF300) will improve the
functionality of the gym, but the installation of a wood floor would require
the building to be climate controlled year round. The installation of a new
HVAC and ventilation system, to include a heat recovery ventilation system,
will increase the comfort usability of the space and enable future facility
improvements.
UNRESOLVED ISSUES:None Identified.
ALTERNATIVES:As suggested by City Commission.
127
FISCAL EFFECTS:This contract will incur a fixed expense of $286,500, which provides for the
installation of a new HVAC system, a heat recovery ventilation system, and
new electrical service to the HVAC equipment. The project is to be fully
funded from Recreation Dept. Capital Improvement Plan allocations,
supplemented by Recreation Dept. operating budget.
Attachments:
CONSTRUCTION AGREEMENT - Story Mill Community Center
HVAC & Electrical Upgrade - Ingram Clevenger.pdf
Report compiled on: August 10, 2022
128
Page 1 of 18
CONTRACT AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, Ingram-Clevenger, Inc., P O Box
5387, Helena, MT 59604, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: A description of the work to be performed (the “Work”)
is set forth in the City of Bozeman Story Mill Community Center HVAC and Electrical Upgrades,
600 Bridger Canyon Dr., Bozeman, MT 59715, Construction Documents Specification Manual
CDSI #2104, 21 April 2022 project manual. Unless otherwise provided in the Scope of Services,
Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to
perform and complete the Work.
2. Contract Documents: The Contract Documents which comprise the entire
agreement between the City and Contractor as attached to or referenced in this Agreement, are
made a part hereof by this reference and consist of the following:
a. This Agreement.
b. Proof of Insurance and Performance and Payment Bonds.
c. City of Bozeman Story Mill Community Center HVAC and Electrical Upgrades,
600 Bridger Canyon Dr., Bozeman, MT 59715, Construction Documents Specification
Manual CDSI #2104, 21 April 2022
d. Notice to Proceed.
There are no Contract Documents other than those listed above in this Section 2. The Contract
Documents may not be altered, amended or repealed except by a modification (as defined in the
MPWSS, General Conditions).
129
Page 2 of 18
3. Time of Performance: Contractor shall begin the Work after receiving a Notice to
Proceed from City and shall complete the Work no later than June 30, 2023. Time is of the essence
of completion of all work and each phase of the Work.
4. Payment:
a. Upon satisfactory final completion and acceptance of the Work, City shall pay to
Contractor, and Contractor shall accept as full payment for the performance of this
Agreement and the Work, the amount of Two Hundred and Eighty-six Thousand and Five
Hundred dollars ($286,500).
b. If work not included within the Scope of Services, Attachment A is requested by
City, such additional work and the related compensation shall be agreed to in writing by
both parties prior to commencement of the additional work (“Change Order”).
c. Contractor shall submit applications for payment in accordance with the Montana
Public Works Standard Specification, V3.1 Edition General Conditions. Applications for
payment will be processed as provided in the General Conditions.
d. Upon acceptance of final payment and for other good and valuable consideration,
Contractor shall and hereby does release and forever discharge City, its officers, agents,
and employees of and from any and all claims, demands, actions, causes of action,
obligations, and liabilities of every kind and character whatsoever, in law and in equity,
whether now known or in the future discovered, arising from or related to this Agreement
or the Work that Contractor may have or assert against City, its officers, agents, and
employees.
e. Contractor warrants and guarantees to City that all Work will be in accordance with
the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to Contractor. All defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in the MPWSS.
5. Inspection and Testing:
a. City has the right to inspect and test any and all Work performed by Contractor.
Contractor shall allow City and its agents access to the Work at all times and shall provide
every reasonable facility for the purpose of such inspection and testing, including
temporarily discontinuing portions of the Work or uncovering or taking down portions of
the finished Work. Any inspection and testing performed by the City and its agents is for
the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility,
and obligation to ensure that the Work strictly complies with the Agreement terms and
conditions and all applicable laws and building and safety codes. City’s inspection and
testing shall not be deemed or considered acceptance by the City of any portion of the
130
Page 3 of 18
Work. City’s inspection and testing shall not serve to nullify, amend, or waive any
warranties provided by the Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any Work found
by the City or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
6. Contractor’s Representations and Warranties: In order to induce the City to
enter into this Agreement, Contractor represents and warrants as follows:
a. Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, the Work site, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
b. Contractor has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost, progress or
performance of the Work.
c. Contractor has made or caused to be made examinations, and investigations as he
deems necessary for the performance of the Work at the contract price, within the contract
time and in accordance with the other terms and conditions of the Contract Documents,
and no additional examinations, investigations, tests, reports or similar data are or will be
required by Contractor for such purposes.
d. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
e. Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
7. General Requirements:
a. Contractor Use of Premises. The Contractor shall confine his operations at site of
the proposed work to within the right-of-way or construction easements provided.
b. Safekeeping of Equipment and Materials on Work Site. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or
131
Page 4 of 18
near the site will be entirely that of Contractor and that no claim shall be made against the
City by reason of any act of an employee or trespasser. It shall be further understood that
should any occasion arise necessitating access by the City to the sites occupied by these
stored materials and equipment, the Contractor owning or responsible for the stored
materials or equipment shall immediately remove same. No materials or equipment may
be placed upon any private property until the property owner has agreed in writing to the
location contemplated by the Contractor to be used for storage.
c. Excavation. Where excavation will be required adjacent to existing structures, the
Contractor shall be solely responsible to maintain the structural integrity of the existing
structures. The Contractor shall take whatever means necessary to insure that the existing
structure is not damaged and if necessary shall install sheet piling. The Contractor shall
repair all damage to the existing structures at his own expense. Any fences destroyed
during construction shall be repaired to the satisfaction of the property owner. Any
delay, additional work, or extra cost to the Contractor caused by existing underground
installations shall not constitute a claim for extra work, additional payment or damages.
d. Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The
Contractor shall take whatever means necessary to insure that the existing mailboxes,
curbs and gutters and driveways are not damaged during construction. If it is necessary
to remove or disturb mailboxes during construction, the Contractor shall repair and
restore the mailboxes at his own expense to the satisfaction of the property owner. Any
curb, gutter, or driveways damaged during construction, not noted to be replaced on the
drawings, shall be replaced by the Contractor at his own expense.
e. Surface Drainage. Water from such sources as surface runoff, dewatering and
flushing of water lines during project construction shall not be allowed to enter into
drainage ways or open areas that will cause flooding of existing structures, street
intersections, or lawn areas.
f. Debris; Restoration. While performing the Work, and as part of the final
completion of the Work, Contractor shall clean up the Work site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Work. Any disturbed landscaped areas shall be
properly restored.
g. Work Sequence. The Contractor shall schedule the work to minimize
inconvenience to the City and to adjacent property owners and to minimize interruptions
to utility service. This shall include minimizing obstruction to local traffic especially on
dead end streets. Work shall be scheduled so as to minimize disruptions to local mail
delivery.
132
Page 5 of 18
h. Traffic Control. The Contractor shall conduct his work so as to interfere as little
as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary
to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such
actions from the County or Montana Department of Transportation and shall provide and
maintain suitable and safe lighted detours or other temporary expedients for the
accommodation of public and private travel in accordance with the current edition of the
Manual on Uniform Control Devices for Streets and Highways (MUTCD). The
Contractor shall not occupy the work site or initiate construction until all traffic control
provisions are in place and the City has been so notified. The Contractor shall cooperate
and coordinate his methods with the City’s traffic control plans prior to the disruption of
the normal flow of any traffic.
i. Safety. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on affected streets and roads.
1) Barricades and Lights. Prior to the start of construction across roads or walks,
all construction permits shall be obtained, utility companies notified, and
traffic patterns, signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades, and other
work site safety measures shall be the responsibility of the Contractor and
shall be included in the contract price.
2) All open trenches and other excavations shall be provided with suitable
barriers, signs, and lights to the extent that adequate protection is provided to
the public. Obstructions, such as material piles and equipment, shall be
provided with similar warning signs and lights.
3) All barricades and obstructions shall be illuminated by means of warning
lights from sunset to sunrise. Materials stored upon or alongside public streets
and highways shall be provided with similar warning signs and lights.
4) All barricades, signs, lights and other protective devices shall be installed and
maintained in conformity with applicable statutory requirements and, where
within railroad and highway right-of-way, as required by the authority having
jurisdiction thereover.
5) Work performed within property under the City’s jurisdiction shall have all
barricades, signs, lights and protective devices installed and maintained.
8. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
133
Page 6 of 18
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
9. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any
reason, suspend the performance of all or any portion of the work to be performed on the
Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of
suspension, if then known to the City. During the period of suspension, Contractor shall
use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires
otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent
specified in the Notice of Suspension; (2) place no further orders or subcontracts for
materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Work, including those portions on which work has
been suspended.
c. As compensation for the suspended Work, Contractor will be reimbursed for the
following costs, reasonably incurred, without duplication of any item, and to the extent that
such costs directly resulted from the suspension: (1) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Work during the
period of suspension; and (3) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Work has
increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice
to Resume Work”), Contractor shall immediately resume performance of the suspended
work as to the extent required in the Notice to Resume Work. Any claim by Contractor for
time or compensation described in Section 9(c) shall be made within fifteen (15) days after
receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule
134
Page 7 of 18
for the City’s review and approval. Contractor’s failure to timely make such a claim shall
result in a waiver of the claim.
e. No compensation described in Section 9(c) shall be paid and no extension of time
to complete the Work shall be granted if the suspension results from Contractor’s non-
compliance with or breach of the terms or requirements of this Agreement.
10. 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, and may
immediately take possession of and use such materials, appliances, tools, and equipment
as may be on the site and which may be necessary for the completion of the Work.
b. In the event of a termination pursuant to this Section 10, Contractor shall be entitled
to payment only for those services Contractor actually rendered. In the case of a lump sum
or unit price contract, Contractor shall not be entitled to any further payment until the Work
has been completed. Upon completion of the Work, if the unpaid balance of the
Contractor’s compensation exceeds the cost to the City of completing the work, including
all costs paid to any subcontractors or third parties retained by the City to complete the
Work and all administrative costs resulting from the termination (“City’s Cost for
Completion”), such excess shall be paid to the Contractor. If the City’s Cost for
Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor
and its sureties shall be liable for and shall pay the difference, plus interest at the rate
applicable to court judgments, to the City.
c. Any termination provided for by this Section 10 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 10, 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.
11. 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 work on the Work, the City may terminate this Agreement
135
Page 8 of 18
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 work on the Work,
discontinue placing orders for materials, supplies, and equipment for the Work, and make
every reasonable effort to 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, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 11, Contractor is entitled to
payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt
of the Notice of Termination for City’s Convenience, and reasonably incurred costs for
demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 11(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.
12. 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 ten (10) 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.
13. Representatives and Notices:
136
Page 9 of 18
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Mike Gray, Facilities Superintendent, 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 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 Randy Berndt 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.
14. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
15. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Work.
137
Page 10 of 18
16. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and
Information”). All City Documents and Information shall be the exclusive property of the City
and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in
and to the City Documents and Information, including but not limited to, all copyright and patent
rights in and to the City Documents and Information. Neither party grants to the other any express
or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights,
except to the extent necessary to complete its obligations to the other under this Agreement.
17. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, Montana
Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter
50, MCA), 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.
18. 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.
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.
138
Page 11 of 18
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Work. 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.
20. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of
Contractor’s performance of the Work, any labor problems or disputes of any type arise or
materialize which in turn cause any work on the Work 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 to resume work on the Work 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 work on the Work to resume and be completed within the time frames set forth
in the Construction Schedule at no additional cost to City.
b. 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.
21. Subcontractors:
a. Contractor may employ subcontractors for any part of the Work. Contractor shall
provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Work.
139
Page 12 of 18
c. Contractor is solely liable for any and all payments to subcontractors. Contractor
shall hold all payments received from the City in trust for the benefit of subcontractors,
and all such payments shall be used to satisfy obligations of the Work before being used
for any other purpose. Contractor shall make any payments due to any subcontractor within
seven (7) days of Contractor’s receipt of payment, including a proportional part of the
retainage Contractor has received from the City. In the event of a dispute regarding any
subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the
subcontractor and notify the subcontractor in writing of the amount in dispute and the
reasons for the dispute. Any withholding of payment must comply with the requirements
of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and
proper payment to any subcontractor, City may elect to withhold any payment otherwise
due to Contractor and upon seven (7) days’ written notice to Contractor, may pay
subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors
or others during the progress of the work, and fails to pay or discharge the same within five (5)
days after demand, then City may either withhold any money due to Contractor until such
indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or
claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor
shall immediately notify the City and shall cause the same to be discharged of record within thirty
(30) days after its filing.
25. Indemnification; Insurance; Bonds:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. 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
140
Page 13 of 18
statutory rights of the City as indemnitee(s) which would otherwise exist as to such
indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
d. 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.
e. In the event of an action filed against City resulting from the City’s performance
under this Agreement, the City may elect to represent itself and incur all costs and expenses
of suit.
f. 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.
g. These obligations shall survive termination of this Agreement and the services
performed hereunder.
h. 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 and Contractor shall furnish to the City an accompanying
certificate of insurance and accompanying endorsements in amounts not less than as shown
below:
Workers’ Compensation – not less than statutory limits;
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;
Products and Completed Operations – $1,000,000;
Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
141
Page 14 of 18
Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Work or City Hall is covered by other insurance;
Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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.
26. Performance and Payment Bonds: The Contractor shall furnish a Performance
Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent
(100%) of the Agreement amount.
142
Page 15 of 18
27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
28. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
29. Attorney 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..
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
33. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
143
Page 16 of 18
34. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
35. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
36. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
37. 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.
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Work. Contractor may not assign
to any third party other than Contractor’s subcontractors on the Work, the right to receive monies
due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Work, Contractor shall render services
as an independent contractor and not as the agent, representative, subcontractor, or employee of
the City. The parties further agree that all individuals and companies retained by Contractor at all
times will be considered the agents, employees, or independent contractors of Contractor and at
no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein 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.
144
Page 17 of 18
43. 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
145
Page 18 of 18
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
146
147
Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Construction Agreement with Montana
Lines, Inc. for Installation of a New Pedestrian Activated Signal, aka HAWK
(High-Intensity Activated CrossWalk) Signal
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement with Montana
Lines, Inc. for Installation of a New Pedestrian Activated Signal, aka HAWK
(High-Intensity Activated CrossWalk) Signal.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman is Replacing the Current Rapid Rectangular Flashing
Beacon (RRFB), With a HAWK Signal to Give Pedestrians a Protected Crossing
Across Kagy. This Upgrade has Been Identified as a Need and Budgeted in
the Capital Improvement Plan.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The Total Cost of this Project is $74,500.00 to be funded from the Street
Department Capital Improvement Carryover Budget Reserved for STR91.
Attachments:
Kagy HAWK Electrical & Signing Construction Agreement
Exhibit A
Kagy_Hawk_Notice_of_Award
FY22 to FY23 Budget Revision Form Carry Overs-STR91
Report compiled on: August 10, 2022
148
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 1 of 16
CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Montana Lines, Inc, 2800 Upper River
Road, Great Falls, MT 59405, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. A description of the work to be performed to provide pedestrian crossing
modifications including a HAWK signal at Kagy & Fieldhouse intersection (the
“Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A.
b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project.
149
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 2 of 16
2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted as an addendum to this
Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than
10/31/2022. Time is of the essence of completion of all work and each phase of the Construction
Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of Seventy-four thousand, five hundred and 00/100 Dollars ($74,500.00).
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the
150
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 3 of 16
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses.
151
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 4 of 16
b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be
152
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 5 of 16
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has been suspended.
153
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 6 of 16
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
154
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 7 of 16
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, 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.
13. 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 work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property.
d. The compensation described in Section 13(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.
155
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 8 of 16
14. 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 ten (10) 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. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Pat Bomgardner, Project Manager 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.
156
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 9 of 16
16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement.
19. 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. 20. 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
157
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 10 of 16
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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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.
158
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 11 of 16
23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor 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 applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
159
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 12 of 16
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
160
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 13 of 16
g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. 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 subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
161
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 14 of 16
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
162
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 15 of 16
33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties
163
Construction Agreement for Kagy Boulevard Pedestrian Hybrid Beacon FY2022-2023
Page 16 of 16
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. 43. 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
164
Page 1 of 1
PROJECT: Kagy Signal Upgrades DATE: 8/8/2022
ITEM # BID ITEM UNITS BID QTY UNIT PRICE TOTAL PRICE
001 Kagy HAWK Electrical LS 1 $74,500.00 $74,500.00
Total $74,500.00
NOTES: Please note the following in the Contract:
1) Payment to be made in accordance with Title 28, Chapter 2, Part 21 of the M.C.A. (Prompt Payment Act.)
2) This quote is valid for 30 days and pricing pertains to this project only; pricing thereafter may be subject to change.
Changes to the material list or scope of work may result in revised quotation.
3) Estimated duration for this work is 7 days.
4) Please call Trevor Livesay (mobile: 406.590.1409) with any questions.
5) This quotation in part or in full is confidential and meant for consideration by the City of Bozeman and Sanderson
Stewart, only.
INCLUSIONS: Please include the following in the Scope of our Contract:
6) Payment & Performance Bond, GRT, Certificate of Insurance, and Overtime is included.
7) Boring of conduit under roadways and sidewalk and potholing/patching for same is included as needed. One sidewalk
panel will need to be removed/replaced for potholing the waterline on south side of Kagy for bore to the service.
8) Retrieval of owner furnished materials and delivery of salvage equipment is included.
9) Traffic Signal Turn-Ons with owner and manufacturer’s representatives is included.
10) Licensed Electrician included for all licensure work.
11) Furnish and install of ground-mounted and overhead signs is included.
12) Operable HAWK system by August 24th is included.
13) Montana Prevailing Wages dated Jan 1, 2022, are included.
14) Temporary Traffic Control is included.
EXCLUSIONS: Please exclude the following from the Scope of our Contract:
15) Surveying and construction staking is by others. Items requiring layout of line and grade include pull boxes; signal pole
foundations; controller cabinets pedestals; sign locations; etc.
16) No permits are included. Please indicate if any are required.
17) SWPPP, NOI, MS4, & any other Erosion Control BMP's, Permits, or Certifications are excluded (none anticipated.)
18) Removal/installation of pavement, sidewalk, and curb & gutter is excluded, except as needed for our work.
19) Mitigation of contaminated soil, if any, is excluded.
Respectfully,
Pat Bomgardner
Estimator | Project Manager
Montana Lines Inc.
Office: (406) 727-1316
Cell: (406) 590-1410
Equal Opportunity EmployerMontana Lines, Inc.OFFICE: 406.727.1316 FAX: 406.727.0354 www.mtlines.com2800 Upper River Road Great Falls, MT 59405 165
EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Kay Boulevard Pedestrian Hybrid Beacon
Owner: City of Bozeman Owner's Contract No.:
Contract: To provide pedestrian crossing modifications including a
HAWK signal at Kagy & Fieldhouse intersection.
Engineer's Project No.: 18098.06
Bidder: Montana Lines, Inc.
Bidder's Address: 2800 Upper River Road, Great Falls, MT 59405
You are notified that your Bid dated March 23, 2022 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is Seventy-four thousand, five hundred and 00/100 Dollars
($74,500.00).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman Owner By: Authorized Signature Title Copy to Engineer
166
Department/Division Fund
CIP Project Number - If Applicable Project Name FY22 Budget
FY22
Spending
Budget Revision Amount Budget coding
Expected
completion date Notes
Streets 111 STR40 Dump Truck Plow Sander 200,000 0 200,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023
Streets 111 STR58 Tandem Axle Dump Truck 250,000 0 250,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023
Streets 111 STR102 Tandem Axle Dump Truck with Plow and Sander 260,000 0 260,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023Streets111STR84Plug In Electric Work Truck 60,000 0 60,000 111-4110-433.80-10 6/30/2023 Chip shortage
Streets 111 STR22 Grader Lease 60,000 38,750 21,250 111-4110-433.95-10 6/30/2023 Equipment backlog due to chip shortage
Streets 111 STR34 Sweepers (Lease)100,000 38,750 61,250 111-4110-433.95-10 6/30/2023 No truck chassis being built until 2023
Streets/Signs 111 STR100 Replace #1438 45,000 0 45,000 111-4110-433.80-10 6/30/2023 Chip ShortageStreets111STR101Replace #3484 40,000 0 40,000 111-4110-433.80-10 6/30/2023 Chip shortageStreets111NASnowbox Insert 14,200 0 14,200 111-4110-433.20-65 12/31/2022 Supply chain issues
Streets 111 NA Relocate Well from Fire Station #1 $7,500 0 $7,500 111-4110-433.30-30 12/31/2022 Taking longer than expected
Projects run buy others
Streets 111 STR113 Snow Storage Drainage 56,250 ?56,250 111-4110-433.80-90 ?
Due to wet spring and the fact the snow pile didn't melt until June this year, this may need
to be done in the fall of FY2023. Check with Adam Oliver In Stormwater
Streets 111 STR91 MSU Kagy Pedestrain Crossing 80,000 0 110,000 ?12/31/2022
Check with Taylor Lonsdale. John V. is working on getting quotes for install. The project is two different jobs, one for S. 11th signal upgrades for pedestrians and a Hawk signal at the
stadium for pedestrians. May separate so we can at least get one done before students
return. Install prices have gone up. The money to pay for this should come from the
$500,000 + $50,000 for bike and ped projects.
Streets 111 STR104 Bridger Creek Stabilization 50,000 0 50,000 111-4110-433.80-90 Unknown
Due to June flooding and beavers taking up residence, project will need to be moved and may not start until beavers are removed and creek banks reestablished. Check with Brian Heaston in Engineering.
Streets 111 STR92
Oak St. Median Landscaping &
Irrigation (Davis to Ferguson)60,000 0 60,000 111-4110-433.80-90 2024
We are trying to accumilate money to do the project with 60k each in FY22-24. Commission
has expressed desire to xeriscape this median and $60,000 is not enough. Check with
Jessica Alstrom is Water Conservation.
Streets 111 STR75 Annual Pedestrian Ramp Repair 100,000 ?100,000 111-4110-433.80-90 6/30/2023
With S. 6th reconstruction pushed up one year, this money may need to be carried forward.
$100,000 is budgeted every year but Kellen may have a plan for every year. Check with Kellen Gamradt in Engineering.
167
Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Construction Agreement with Montana
Lines, Inc for Kagy Boulevard and S. 11th Signal Upgrades
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement with Montana
Lines, Inc for Kagy Boulevard and S. 11th Signal Upgrades.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman is Upgrading the Traffic Signal at S. 11th and Kagy
Boulevard to Provide Protected Left Turns for North and Southbound Traffic
on S. 11th and a Protective Left Turn for Westbound on Kagy. Currently
There is Only Protected Left Turns for Eastbound on Kagy Turning North
Onto S. 11th.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total cost of this project is $12,900.00 to be funded from the Street
Department capital improvement carryover budget reserved for STR91.
Attachments:
Kagy and 11th Signal Work Construction Agreement
Exhibit A
Kagy_11th_Notice_of_Award
FY22 to FY23 Budget Revision Form Carry Overs-STR91
Report compiled on: August 10, 2022
168
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 1 of 16
CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Montana Lines, Inc., 2800 Upper
River Road, Great Falls, MT 59405, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. A description of the work to be performed to provide traffic signal and
pedestrian signal upgrades to the Kagy Boulevard & 11th Avenue intersection. (the
“Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A.
b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project.
169
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 2 of 16
2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted as an addendum to this
Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than
10/31/2022. Time is of the essence of completion of all work and each phase of the Construction
Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of twelve thousand, nine hundred and 00/100 Dollars ($12,900.00).
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the
170
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 3 of 16
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses.
171
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 4 of 16
b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be
172
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 5 of 16
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has been suspended.
173
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 6 of 16
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
174
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 7 of 16
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, 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.
13. 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 work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property.
d. The compensation described in Section 13(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.
175
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 8 of 16
14. 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 ten (10) 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. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Pat Bomgardner, Project Manager 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.
176
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 9 of 16
16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement.
19. 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. 20. 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
177
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 10 of 16
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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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.
178
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 11 of 16
23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor 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 applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
179
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 12 of 16
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
180
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 13 of 16
g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. 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 subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
181
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 14 of 16
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
182
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 15 of 16
33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties
183
Construction Agreement for Kagy Boulevard & 11th Avenue Signal Upgrades FY2022-2023
Page 16 of 16
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. 43. 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
184
Page 1 of 1
PROJECT: Kagy Signal Upgrades DATE: 8/8/2022
ITEM # BID ITEM UNITS BID QTY UNIT PRICE TOTAL PRICE
001 Kagy & 11th Signal Work LS 1 $12,900.00 $12,900.00
Total $12,900.00
NOTES: Please note the following in the Contract:
1) Payment to be made in accordance with Title 28, Chapter 2, Part 21 of the M.C.A. (Prompt Payment Act.)
2) This quote is valid for 30 days and pricing pertains to this project only; pricing thereafter may be subject to change.
Changes to the material list or scope of work may result in revised quotation.
3) Estimated duration for this work is one day.
4) Please call Trevor Livesay (mobile: 406.590.1409) with any questions.
5) This quotation in part or in full is confidential and meant for consideration by the City of Bozeman and Sanderson
Stewart, only.
INCLUSIONS: Please include the following in the Scope of our Contract:
6) Payment & Performance Bond, GRT, Certificate of Insurance, and Overtime is included.
7) Retrieval of owner furnished materials and delivery of salvage equipment is included.
8) Traffic Signal Turn-Ons with owner and manufacturer’s representatives is included.
9) Licensed Electrician included for all licensure work.
10) Replacement pedestrian count down LEDs advertised at approximately 14-weeks lead-time.
11) Montana Prevailing Wages dated Jan 1, 2022, are included.
12) Temporary Traffic Control is included.
EXCLUSIONS: Please exclude the following from the Scope of our Contract:
13) No permits are included. Please indicate if any are required.
14) SWPPP, NOI, MS4, & any other Erosion Control BMP's, Permits, or Certifications are excluded (none anticipated.)
15) Removal/installation of pavement, sidewalk, and curb & gutter, signing, and pavement markings is excluded.
16) Mitigation of contaminated soil, if any, is excluded.
Respectfully,
Pat Bomgardner
Estimator | Project Manager
Montana Lines Inc.
Office: (406) 727-1316
Cell: (406) 590-1410
Equal Opportunity EmployerMontana Lines, Inc.OFFICE: 406.727.1316 FAX: 406.727.0354 www.mtlines.com2800 Upper River Road Great Falls, MT 59405 185
EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Kagy Boulevard & 11th Avenue Signal Upgrades
Owner: City of Bozeman Owner's Contract No.:
Contract: To provide traffic signal and pedestrian signal upgrades to
the Kagy Boulevard & 11th Avenue intersection.
Engineer's Project No.: 16081.02
Bidder: Montana Lines, Inc.
Bidder's Address: 2800 Upper River Road, Great Falls, MT 59405
You are notified that your Bid dated March 3, 2022 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is twelve thousand, nine hundred and 00/100 Dollars ($12,900.00).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.
City of Bozeman Owner By: Authorized Signature Title Copy to Engineer
186
Department/Division Fund
CIP Project Number - If Applicable Project Name FY22 Budget
FY22
Spending
Budget Revision Amount Budget coding
Expected
completion date Notes
Streets 111 STR40 Dump Truck Plow Sander 200,000 0 200,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023
Streets 111 STR58 Tandem Axle Dump Truck 250,000 0 250,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023
Streets 111 STR102 Tandem Axle Dump Truck with Plow and Sander 260,000 0 260,000 111-4110-433.80-20 6/30/2023 No truck chassis being built until 2023Streets111STR84Plug In Electric Work Truck 60,000 0 60,000 111-4110-433.80-10 6/30/2023 Chip shortage
Streets 111 STR22 Grader Lease 60,000 38,750 21,250 111-4110-433.95-10 6/30/2023 Equipment backlog due to chip shortage
Streets 111 STR34 Sweepers (Lease)100,000 38,750 61,250 111-4110-433.95-10 6/30/2023 No truck chassis being built until 2023
Streets/Signs 111 STR100 Replace #1438 45,000 0 45,000 111-4110-433.80-10 6/30/2023 Chip ShortageStreets111STR101Replace #3484 40,000 0 40,000 111-4110-433.80-10 6/30/2023 Chip shortageStreets111NASnowbox Insert 14,200 0 14,200 111-4110-433.20-65 12/31/2022 Supply chain issues
Streets 111 NA Relocate Well from Fire Station #1 $7,500 0 $7,500 111-4110-433.30-30 12/31/2022 Taking longer than expected
Projects run buy others
Streets 111 STR113 Snow Storage Drainage 56,250 ?56,250 111-4110-433.80-90 ?
Due to wet spring and the fact the snow pile didn't melt until June this year, this may need
to be done in the fall of FY2023. Check with Adam Oliver In Stormwater
Streets 111 STR91 MSU Kagy Pedestrain Crossing 80,000 0 110,000 ?12/31/2022
Check with Taylor Lonsdale. John V. is working on getting quotes for install. The project is two different jobs, one for S. 11th signal upgrades for pedestrians and a Hawk signal at the
stadium for pedestrians. May separate so we can at least get one done before students
return. Install prices have gone up. The money to pay for this should come from the
$500,000 + $50,000 for bike and ped projects.
Streets 111 STR104 Bridger Creek Stabilization 50,000 0 50,000 111-4110-433.80-90 Unknown
Due to June flooding and beavers taking up residence, project will need to be moved and may not start until beavers are removed and creek banks reestablished. Check with Brian Heaston in Engineering.
Streets 111 STR92
Oak St. Median Landscaping &
Irrigation (Davis to Ferguson)60,000 0 60,000 111-4110-433.80-90 2024
We are trying to accumilate money to do the project with 60k each in FY22-24. Commission
has expressed desire to xeriscape this median and $60,000 is not enough. Check with
Jessica Alstrom is Water Conservation.
Streets 111 STR75 Annual Pedestrian Ramp Repair 100,000 ?100,000 111-4110-433.80-90 6/30/2023
With S. 6th reconstruction pushed up one year, this money may need to be carried forward.
$100,000 is budgeted every year but Kellen may have a plan for every year. Check with Kellen Gamradt in Engineering.
187
Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Construction Agreement with Planned
and Engineered Construction, Inc. for a Stormwater Pipe Rehabilitation
Project
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign contract documents with Planned and
Engineered Construction, Inc. for a stormwater pipe rehabilitation project at
South Tracy Ave & Cleveland St.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Under the Capital Improvement Plan and Strategic Plan, the City of Bozeman
is continually updating and contracting construction services for its historic
pipe replacement and rehabilitation program. This project will rehabilitate
183 feet of degraded 18” vitrified clay pipe which conveys stormwater
directly into Matthew Bird Creek on the south side of Bozeman. City staff
made one repair on this pipe, but due to criticality and access, it must be
further protected. Design for this project was performed by DOWL as part of
their on-call services PSA. Signing the contract documents associated with
agenda item will facilitate construction of the project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the Commission.
FISCAL EFFECTS:The Stormwater Utility’s FY22 CIP allocates $325,000 for Historic Pipe
Replacement (Project # STDM04). Three quotes for this proposed project
were obtained and the lowest, most responsive was selected. The contract
total is: $52,500.
Attachments:
2022-23 Stormwater Improvements-Tracy Cleveland
Construction Agreement.pdf
Report compiled on: August 10, 2022
188
189
July 2022
2022-23 Stormwater Improvements
S. Tracy Ave. / Cleveland St.
Gravity Main ID: M.F06.00158_M.F06.00154
Contract Documents, Construction Specifications, and Plans
Prepared By:
City of Bozeman Stormwater Division
7 East Beall St
Suite 100
Bozeman, MT 59715
Ph. (406) 582-2937
www.bozeman.net/stormwater
190
Section 001
INVITATION TO SUBMIT QUOTE
Page 1 of 2
INVITATION TO SUBMIT QUOTE
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
The City of Bozeman, Montana, hereby gives notice that it is accepting quotes for the:
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
The City of Bozeman will receive quotes for the construction of the aforementioned project at
the office of the Stormwater Division at 7 East Beall St, Suite 100, Bozeman, Montana 59715 until
5:00 p.m., local time, August 1, 2022.
City of Bozeman Physical Address:
Stormwater Division, 7 East Beall St, Suite 100, Bozeman, Montana 59715
City of Bozeman Mailing Address:
Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230
Quote Acceptance Deadline:
The City of Bozeman must receive quotes before 5:00 p.m., August 1, 2022. Stormwater Division
staff will review quotes and award the project directly after the end of the submittal period.
Contractors must submit original copies. The City of Bozeman will not accept faxed or electronic
quotes.
General Project Information:
Installation of a Cure-In-Place Pipe liner in an 18” vitrified clay tile pipe bewteen S. Tracy and S.
Black (near E. Cleveland Drive), including supplying and installing the liner, video inspection and
logging, traffic control, clean-up and all other items incidental to construction.
Contract Documents, Construction Specifications, and Plans:
The Stormwater Division shall provide Contractors with a set of the compiled documents.
Montana Department of Labor and Industry Registration Requirements:
The Contractor and any subcontractors doing work on this project will be required to obtain
registration with the Montana Department of Labor and Industry (DLI). Forms for registration
are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue,
Helena, Montana 59604-8011. Contractors can receive information regarding registration by
calling 1-406-444-7734. The Contractor is not required to have registered with the DLI before
submitting a quote for this project but must have registered before the execution of the
Construction Agreement.
Prevailing Wage Requirements:
All laborers and mechanics employed by the Contractor or subcontractors in the performance of
the construction work shall be paid wages at rates as required by the laws of the state of
Montana.
191
Section 001
INVITATION TO SUBMIT QUOTE
Page 2 of 2
Non Discrimination Requirements:
Discrimination in the performance of any contract awarded under this invitation on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and all subcontracts. Every entity submitting
under this invitation must sign and return the required affirmation.
Submittal Requirements:
The Stormwater Division does not require a Bid Bond for this project; however, the successful
Contractor shall furnish an approved Performance Bond and a Labor and Materials Payment
Bond, each in the amount of one hundred percent (100%) of the contract amount. The successful
Contractor shall provide Certificate(s) of Insurance.
City of Bozeman Rejection Rights:
The Stormwater Division reserves the right to reject any or all quotes received, to waive
informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days,
and to accept the lowest responsive and responsible quote, which is in the best interest of the
City of Bozeman.
Equal Opportunity Employer Requirement:
The Contractor is required to be an Equal Opportunity Employer (EOE).
DATED at Bozeman, Montana, this 14th day of July, 2022.
Russell Smith
Stormwater Project Coordinator, City of Bozeman
192
193
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 2 of 9
Signature of Contractor:
The Contractor must sign each quote in ink and include their full name and business address or place of
residence. In the case of a firm or partnership, each member must insert their name and business
address or place of residence. In the case where the Contractor submits a quote on behalf of a
corporation, the City of Bozeman requires the signatory of such corporation to be an official who is
authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The
quote of a corporation signed by a person other than a corporate officer shall include a Power of
Attorney showing that person's authority.
Quote Totals:
No Contractor may submit more than one quote. The City of Bozeman will not receive two quotes under
different names from one firm or association.
Responsibilities of Agent:
The City of Bozeman may require any person signing a quote as the agent of another, or of others, to
submit satisfactory evidence of this authority to do so.
Qualifications of Contractor:
The City of Bozeman may request that the Contractor submit satisfactory evidence that they have
practical knowledge of the particular work quoted upon and that they have the necessary financial
resources to complete the proposed work.
In determining the lowest responsible Contractor, the City of Bozeman will consider the following
elements:
1. Whether the Contractor involved maintains a permanent place of business.
2. Whether the Contractor involved has adequate plant and equipment to do the work properly and
expeditiously.
3. Whether the Contractor involved has a suitable financial status to meet obligations incident to
work.
4. Whether the Contractor involved has appropriate technical experience.
The City of Bozeman may require each Contractor to show that former work performed was done in
such a manner that there are no just or proper claims pending against such work. No Contractor will be
accepted if they are engaged in any other work which impairs their ability to finance the Contract. The
Contractor shall demonstrate their competence by meeting all requirements herein stipulated if
requested.
Contract Documents:
The City of Bozeman intends that the Montana Public Works Standard Specification, 6th Edition (MPWSS),
be used to govern the contractual and performance aspects of this project. The City of Bozeman hereby
194
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 3 of 9
incorporates the MPWSS as part of these Contract Documents, as modified by the City of Bozeman
MPWSS (COB MODS), dated March 31, 2011, including all Addenda which are also hereby incorporated
as part of these Contract Documents, and as further modified herein by the City of Bozeman. The
Contractor shall utilize all standard forms of MPWSS while executing these Contract Documents unless
otherwise noted or revised in the bound Contract Documents.
Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of
the project and detail modifications to the MPWSS made by the City of Bozeman, to assist the Contractor
in preparation of their quote.
The City of Bozeman makes the complete Contract Documents apart hereof, which consist of the
following:
1. Invitation to Submit Quote
2. Instructions for Contractors
3. Non-Discrimination Affirmation Form
4. Agreement Form
5. Payment Bond
6. Performance Bond
7. Standard General Conditions of the Construction Contact
8. Supplementary Conditions of the General Conditions: Section 00810
9. Montana Prevailing Wage Rates
10. Special Provisions
11. Measurement and Payment
12. Standard Drawings-CoB Traffic Control
13. Summary of Work
14. Site and Specifications
15. Quote Form
16. Claim Form-State
17. Claim Form
18. Appendix A – Construction Drawings
Examination of Contract Documents and Site:
Before submitting a quote, each Contractor must:
1. Examine the Contract Documents thoroughly
2. Visit the site to familiarize themselves with location conditions that may in any manner affect
cost, progress or performance of the work
3. Familiarize themselves with federal, state and local laws, ordinances, rules and regulations that
may in any manner affect cost, progress or performance of the work
195
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 4 of 9
4. Study and carefully correlate observations with the Contract Documents
Any Contractor may, upon request, examine those reports of investigations and tests of subsurface and
latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and
specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of
the Contract Documents. Before submitting a quote, each Contractor will, at their own expense, make
such additional investigations and tests as the Contractor may deem necessary to determine their quote
for the performance of the work in accordance with the time, price and other terms and conditions of
the Contract Documents.
On request, the City of Bozeman will provide each Contractor access to the site to conduct such
investigations and tests as each Contractor deems necessary for submission of their quote. Any
administrative requirements and associated costs of such studies are the responsibility of the Contractor.
The lands upon which the work is to be performed, rights-of-way for access thereto and other lands
designated for use by the Contractor in performing the work are identified in the specifications or on the
plan set.
The submission of a quote will constitute an incontrovertible representation by the Contractor that they
have complied with every requirement of this section and that the Contract Documents are sufficient in
scope and detail to indicate and convey an understanding of all terms and conditions for performance
of the work.
Where logs of test borings are included in the Contract Documents, it is agreed that such logs do not
constitute a part of the Contract and are included only for the convenience of the Contractor and do not
relieve them of their duties under this section or any other responsibility under the Contract.
No information derived from any inspection of records of investigation or compilation thereof made by
the City of Bozeman will in any way relieve the Contractor from properly performing their obligations
under the Contract.
Underground Utilities:
The location of underground utilities as shown on the drawings is approximate, and the City of Bozeman
assumes no responsibility for determining their exact location. The Contractor shall note the reference
to utility lines and service lines for various utilities as noted on the drawings and that the approximate
location may or may not be given. The Contractor shall make written inquiry of the related utility agency
to determine the location of underground utilities in the project area.
Interpretation of Contract Documents:
If any person contemplating submitting a quote for the proposed Contract is in doubt as to the true
meaning of any part of the specifications, or other proposed Contract Documents, they may submit to
the City of Bozeman a written request for an interpretation thereof. The person submitting the request
will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made
only by an Addendum duly issued, and the City of Bozeman will electronically mail a copy of any such
196
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 5 of 9
Addendum to each person receiving a set of such documents.
Time of Completion:
The time of completion of the work is a basic consideration of the Contract. It will be necessary that the
Contractor satisfies the City of Bozeman of their ability to complete the work within the stipulated time.
The number of days within which or the dates by which, the work is to be substantially completed are
set forth in the Quote Form and the Agreement Form.
Liquidated Damages:
Provisions for liquidated damages are set forth in the Agreement Form.
Addenda:
Any Addenda issued during the time of quote submittal, or forming a part of the Contract Documents
loaned to the Contractor for the preparation of their quote, shall be covered in the quote and shall be
made a part of the Contract Documents. The Contractor shall acknowledge receipt of each Addendum
in the quote. The City of Bozeman will consider incomplete and not consider any quote in which all issued
Addenda are not acknowledged.
Quote Requirements:
The City of Bozeman expects the Contractor to base their quote on materials and equipment complying
fully with the plans and specifications and, in the event, they name in their quote materials or equipment
which do not conform, they will be responsible for furnishing materials and equipment which fully
conform at no charge in their quote price.
Before submitting a quote, each Contractor should read the complete Contract Documents (including all
Addenda), specifications and plans, including all related documents containing herein, all of which
contain provisions applicable not only to the successful Contractor but also to their subcontractors.
Quote Quantities:
The Contractor must satisfy themselves by personal examination of the locations of the proposed work
and by such other means as they may prefer as to the correctness of any quantities.
The estimated unit quantities of the various classes of work to be done under the Contract Documents
are approximate and are to be used only as a basis for estimating the probable cost of the work and for
comparing the quotes offered for the work. The Contractor agrees that, during progress of the work,
the City of Bozeman may find it advisable to omit portions of the work, to increase or decrease the
quantities as may be deemed necessary or desirable, that the actual amount of work to be done and
materials to be furnished may differ from the estimated quantities, and that the basis for payment under
the Contract Documents shall be the actual amount of work done and the materials furnished.
The Contractor agrees that they will not claim damages, anticipated profits or otherwise on account of
any difference which may be found between quantities of work done and the estimated quantities.
197
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 6 of 9
Modifications and Withdrawal of Quotes:
A quote may be modified or withdrawn by an appropriate document duly executed in the manner that
a quote must be executed and delivered to the place where quotes are to be submitted prior to the date
and time for the opening of quotes, as called for in the Invitation to Submit Quote. Requests for
modification or withdrawal must be written and must be signed in the same manner and by the same
person(s) who signed the quote.
If, within twenty-four (24) hours after quotes are opened, any Contractor files a duly signed written
notice with the City of Bozeman and promptly thereafter demonstrates to the reasonable satisfaction of
the City of Bozeman that there was a material and substantial mistake in the preparation of its quote,
that Contractor may withdraw its quote. Thereafter, if the work is readvertised or negotiated, that
Contractor will be disqualified from further quoting on the work.
Acceptance and Rejection of Quotes:
The City of Bozeman reserves the right to accept or reject the quotes, or portions of quotes, and to award
more than one quote or schedule for the same quote if any of the aforementioned combinations of
quotes or schedules will be in the best interest of the City of Bozeman. The City of Bozeman reserves the
right to waive irregularities in any quote submitted, or reject nonconforming, non-responsive or
conditional quotes and to correct arithmetical errors in the quote prior to comparison.
Subcontractors:
Within seven days after the City of Bozeman opens quotes, the apparent successful Contractor, and any
other Contractor so requested, shall submit a list of subcontractors they expect to use in the work.
An experience statement with pertinent information as to similar projects and other evidence of
qualification shall be furnished for each named subcontractor if requested by the City of Bozeman. If
the City of Bozeman, Engineer, or Project Manager after a due investigation has a reasonable objection
to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent
successful Contractor to submit an acceptable substitute. If the substitution results in an increase in the
quote, a corresponding adjustment will be made in the Contract price. If the apparent successful
Contractor declines to make any such substitution, the Contract may not be awarded to such Contractor.
Any subcontractor so listed and to whom the City of Bozeman does not make written objection prior to
the giving of the Notice of Award will be deemed acceptable.
The Contractor shall not be required to employ any subcontractor against whom they have a reasonable
objection.
The use of subcontractors listed by the Contractor and accepted by the City of Bozeman prior to the
Notice of Award will be required in the performance of the work.
198
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 7 of 9
Award of Contract:
The City of Bozeman reserves the right to reject any or all quotes, including without limitation,
nonconforming, nonresponsive, unbalanced, or conditional quotes. The City of Bozeman further
reserves the right to reject the quote of any Contractor whom it finds, after reasonable inquiry and
evaluation, to be non-responsible. The City of Bozeman may also reject the quote of any Contractor if
the City of Bozeman believes that it would not be in the best interest of the project to make an award to
that Contractor, whether because quote is not responsive, or the Contractor is unqualified or of doubtful
financial ability, or fails to meet any other pertinent standard or criteria established by the City of
Bozeman. The City of Bozeman also reserves the right to waive all informalities not involving price, time,
or changes in the work and to negotiate Contract terms with the successful Contractor.
In evaluating quotes, the City of Bozeman will consider whether or not the quotes comply with the
prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in the
Quote Form or prior to the Notice of Award.
In evaluating Contractors, the City of Bozeman will consider the qualifications of the Contractor and may
consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities
proposed for those portions of the work for which the identity of subcontractors, suppliers, or other
individuals or entities must be submitted as provided in the Supplementary Conditions.
The City of Bozeman may conduct such investigations as they deem necessary to establish the
responsibility, qualifications, and financial ability of the Contractor, proposed subcontractors, suppliers,
individuals, or entities to perform the work in accordance with the Contract Documents.
If the Contract is to be awarded, the City of Bozeman will award the Contract to the Contractor whose
quote is in the best interests of the project. Consideration factors will include conformance with all
material terms and conditions of the Contract Documents, price, and other appropriate factors.
If the Contract is to be awarded, the City of Bozeman will give the successful Contractor a Notice of
Award within sixty (60) days after the day of the quote opening.
The City of Bozeman reserves the right to cancel the award of any Contract at any time before the
complete execution of said Agreement Form by all parties without any liability.
If at any time this Contract is to be awarded, the total of the lowest acceptable quote exceeds the funds
then estimated by the City of Bozeman as available, they may reject all quotes or take such other action
as best serves the City of Bozeman’s interests.
Cancellation of Award:
The City of Bozeman reserves the right to cancel the award of any Contract at any time before the
complete execution of the Contract by all parties without any liability.
199
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 8 of 9
Performance and Payment of Bonds:
The Contractor to whom the Contract is awarded will be required to furnish a Performance Bond and a
Payment Bond in favor of the City of Bozeman each in an amount equal to one-hundred percent (100%)
of the Agreement Form amount.
The bonds shall be executed on the forms bound herein, signed by a surety company authorized to do
business in the State of Montana, and acceptable as a surety to the City of Bozeman and countersigned
by a Montana Resident Agent.
With the bonds, there shall be filed with the City of Bozeman one copy of Power of Attorney certified to
include the date of the bond.
Execution and Approval of Agreement Form:
The Agreement Form shall be signed by the successful Contractor and returned, together with the
Contract bonds, within the time shown on the Quote Form. If the Agreement Form is not executed by
the City of Bozeman within fifteen (15) days following receipt from the Contractor of the signed
Agreement Form and bonds, the Contractor shall have the right to withdraw their quote without penalty.
No Agreement Form shall be considered as effective until it has been fully executed by all of the parties
thereto.
Failure to Execute Agreement Form:
Failure to execute the Agreement Form and furnish a Performance Bond and Payment Bond shall just
cause for annulment of the award. The award may then be made to the next lowest responsible and
qualified Contractor, or the work may be re-advertised as the City of Bozeman may decide.
Payments:
Payment for all work performed under this Agreement Form will be made by the City of Bozeman within
the time period specified in and in accordance with the procedures outlined in the General Conditions.
Notice of Extended Payment Provision:
This Contract allows the City of Bozeman to make payment within 21 days after approval of the
payments. Payments made after the time limit will be subject to interest at the rate specified in the
Agreement Form.
When the work extends beyond thirty (30) days, progress payments will be made monthly for any work
accomplished during the preceding month, but subject to retainage as specified elsewhere.
Prevailing Wage Rates:
On all projects and contracts with the City of Bozeman, Contractor and all subcontractors shall pay for
all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used
200
Section 002
INSTRUCTIONS FOR CONTRACTORS
Page 9 of 9
herein means that standard prevailing rate of wages in the locality where the work is to be performed
as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein.
The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information
on the standard prevailing rate of wages applicable to this Contract within this area.
Posting:
The Contractor shall post in a prominent and accessible place on the site of the work a legible statement
of all wages to be paid to the employees.
Local Labor:
The Contractor shall give preference to the employment of Montana residents in accordance with
applicable portions of Title 18, Chapter 2, Part 4, MCA.
Montana Contractor Registration Requirements:
The Contractor and any subcontractors doing work on this project will be required to obtain registration
with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana
Contractor Registration requirements may be obtained from the Montana State Department of Revenue,
Helena, Montana. (1-800-556-6694).
Additional Contractor License Fee (Montana Contractors Gross Receipt Tax):
In accordance with Title 15, Chapter 50, MCA, the City of Bozeman shall withhold, in addition to other
amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due to the
Contractor and shall transmit such money to the Montana Department of Revenue.
Contractor Preference:
In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, preference will be given to the
lowest responsible Contractor who is a resident of the State of Montana over a nonresident Contractor
from any state or country that enforces a preference in their state or country for their resident
Contractors. The preference given to Montana resident Contractor will be equal to the preference given
in the other state or country. This preference applies unless specifically prohibited by Federal laws or
regulations. Products manufactured or produced in the State of Montana shall be preferred for use in
all projects if such products are comparable in price and quality. Further, wherever possible, products
manufactured and produced in the State which are suitable substitutes for products manufactured or
produced outside the State and comparable in price, quality and performance shall be preferred for use
in this project. Preference regarding these products shall be in accordance with the laws of the State of
Montana.
201
202
Section 004
AGREEMENT FORM
Page 1 of 11
AGREEMENT FORM
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
THIS AGREEMENT is dated as of the_____day of ________ in the year 2022, by and between CITY
OF BOZEMAN, hereinafter called OWNER, and ____________________, hereinafter called
CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
project Work is generally described as follows: Installation of a Cure-In-Place Pipe liner in an 18”
vitrified clay tile pipe bewteen S. Tracy and S. Black (near E. Cleveland Drive), including supplying
and installing the liner, video inspection and logging, traffic control, clean-up and all other items
incidental to construction.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 25 days after the date when the contract time
commences to run as provided in the General Conditions. Final payment will be withheld
until final completion and acceptance of the Work, as stipulated in this Agreement.
2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in
this Agreement and that OWNER will suffer financial loss if the Work is not substantially
complete within the time specified above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expense and
difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered
by OWNER if the Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($
500.00) for each day that expires after the time specified herein until the Work is
substantially complete.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents the sum (subject to adjustment as provided in the Contract
Documents) of ____________________ Dollars ($___________).
203
Section 004
AGREEMENT FORM
Page 2 of 11
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the General Conditions.
Applications for payment will be processed as provided in the General Conditions.
4.1 Progress Payments. OWNER will make progress payments monthly on account of the
contract price on the basis of CONTRACTOR'S application for payment as recommended
by ENGINEER. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values provided for in the General Conditions.
4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in
accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions, OWNER shall pay the remainder of the contract price as
recommended by ENGINEER.
Article 5. INTEREST.
All monies not paid when due hereunder shall bear interest at the simple rate established by the
Federal Cost of Money Rate commencing at the time of a claim.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and
studies of such reports and related data in addition to those referred to above as they
deem necessary for the performance of the Work at the contract price, within the
contract time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, tests, reports or similar data
are or will be required by CONTRACTOR for such purposes.
6.3 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
204
Section 004
AGREEMENT FORM
Page 3 of 11
6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies
that they have discovered in the Contract Documents and the written resolution thereof
by ENGINEER is acceptable to CONTRACTOR.
6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability in the performance of Work performed for the
city of Bozeman. This prohibition shall apply to the hiring and treatment of the
CONTRACTOR’S employees and to all subcontracts it enters into in performance of the
agreement with the City of Bozeman.
Article 7. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
7.1 This Agreement
7.2 Certificates of Insurance and Performance and Payment Bonds
7.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further
amended by the City of Bozeman Modifications to MPWSS (by reference)
7.4 Notice to Proceed
7.5 Plans and Specifications
There are no Contract Documents other than those listed above in this Article 7.
The Contract Documents may only be altered, amended or repealed by a modification (as defined
in the General Conditions).
Article 8. GENERAL REQUIREMENTS.
8.1 CONTRACTOR Use of Premises. The CONTRACTOR shall confine his operations at site of
the proposed work to within the right-of-way or construction easements provided.
It shall be understood that the responsibility for protection and safekeeping of
equipment and materials on or near the site will be entirely that of the CONTRACTOR
and that no claim shall be made against the OWNER by reason of any act of an
employee or trespasser. It shall be further understood that should any occasion arise
necessitating access by the OWNER to the sites occupied by these stored materials and
equipment, the CONTRACTOR owning or responsible for the stored materials or
equipment shall immediately remove same. No materials or equipment may be placed
upon any private property until the property OWNER has agreed in writing to the
location contemplated by the CONTRACTOR to be used for storage.
205
Section 004
AGREEMENT FORM
Page 4 of 11
8.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating
all existing underground installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use his own information and shall not rely solely upon information
shown on the drawings concerning existing underground installations. The CONTRACTOR
shall repair all damage to existing utilities or property at his own expense. The
CONTRACTOR shall, at a minimum, call the "One-Call" utility locate system (Phone: 1-800-
424-5555) at least 72 hours in advance of starting construction.
Where excavation will be required adjacent to existing structures, the CONTRACTOR
shall be solely responsible to maintain the structural integrity of the existing structures.
The CONTRACTOR shall take whatever means necessary to insure that the existing
structure is not damaged and if necessary shall install sheet piling. The CONTRACTOR
shall repair all damage to the existing structures at his own expense. Any fences
destroyed during construction shall be repaired to the satisfaction of the property
owner. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing
underground installations shall not constitute a claim for extra work, additional
payment or damages.
8.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc. The
CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes,
curbs and gutters and driveways, and other public or private improvements are not
damaged during construction. If it is necessary to remove or disturb mailboxes during
construction, the CONTRACTOR shall repair and restore the mailboxes at his own expense
to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during
construction, not noted to be replaced on the drawings, shall be replaced by the
CONTRACTOR at his own expense.
8.4 Surface Drainage: Water from such sources as surface runoff, dewatering and flushing of
water lines during project construction shall not be allowed to enter into drainage ways
or open areas that will cause flooding of existing structures, street intersections, or lawn
areas.
8.5 Work Sequence: The CONTRACTOR shall schedule the work to minimize inconvenience
to the OWNER and to adjacent property owners and to minimize interruptions to utility
service. This shall include minimizing obstruction to local traffic especially on dead end
streets. Work shall be scheduled so as to minimize disruptions to local mail delivery.
Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY.
The utility service companies such as power, gas, telephone, and video shall be
contacted at least 72 hours in advance of when locating of services will be required.
8.6 CONTRACTOR shall install and maintain proper barriers for the protection of all existing
trees on site.
206
Section 004
AGREEMENT FORM
Page 5 of 11
Article 9. Warranty and Guarantee.
9.1 If, within two years after acceptance of the work by the OWNER, any of the work is found
to be defective or not in accordance with the Contract Documents, and upon written
notice form the OWNER, the CONTRACTOR shall correct any work beginning within seven
(7) calendar days of said written notice. Should the CONTRACTOR fail to respond to the
written notice within the designated time, the OWNER may correct the work at the
expense of the CONTRACTOR.
9.2 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects
shall be given to CONTRACTOR. All defective Work, whether or not in place, may be
rejected, corrected or accepted as provided in the Montana Public Works Standard
Specification, Sixth Edition (MPWSS).
9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materials
occur due to vandalism, City employees or rodents within the two year warranty period
after acceptance of work by the OWNER.
Article 10. Traffic Control.
10.1 CONTRACTOR shall conduct his work so as to interfere as little as possible with public
travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of such actions from the
appropriate road agency and shall provide and maintain suitable and safe lighted
detours or other temporary expedients for the accommodation of public and private
travel in accordance with the current edition of the Manual on Uniform Control Devices
for Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or
initiate construction until all traffic control provisions are in place and the OWNER has
been so notified.
10.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City,
County, State and Federal regulations to protect the public on these streets and roads.
10.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traffic patterns,
signing, location of flagmen, barricades and other safety measures arranged. Providing
and maintaining safety barricades, and other work site safety measures shall be the
responsibility of the CONTRACTOR and shall be included in the contract price. The
CONTRACTOR shall cooperate and coordinate his methods with the OWNER'S traffic
control plans prior to the disruption of the normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs,
and lights to the extent that adequate protection is provided to the public. Obstructions,
207
Section 004
AGREEMENT FORM
Page 6 of 11
such as material piles and equipment, shall be provided with similar warning signs and
lights.
All barricades and obstructions shall be illuminated by means of warning lights from
sunset to sunrise. Materials stored upon or alongside public streets and highways shall
be provided with similar warning signs and lights.
All barricades, signs, lights and other protective devices shall be installed and
maintained in conformity with applicable statutory requirements and, where within
railroad and highway right-of-way, as required by the authority having jurisdiction
thereover.
Work performed within property under the OWNER'S jurisdiction shall have all
barricades, signs, lights and protective devices installed and maintained.
Article 11. STATE LAWS AND REGULATIONS.
11.1 All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout.
11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be
considered that do not carry the Bidder's Certificate of the CONTRACTOR'S
registration number on the envelope containing the Bid and on the Bid.
Information pertaining to the Montana Contractors registration requirements
may be obtained from the Montana State Department of Revenue, Helena,
Montana. (1-800-556-6694)
11.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS
RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the OWNER shall
withhold, in addition to other amounts withheld as provided by law or specified
herein, 1 percent (1%) of all payments due the Contractor and shall transmit
such moneys to the Montana Department of Revenue.
11.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws
in force in Montana and to the responsibility of the OWNER for the collection of
premiums thereunder. The CONTRACTOR'S compliance with said laws is required
and shall relieve the OWNER of any responsibility for payment of premiums
thereunder and shall furnish the OWNER with satisfactory evidence showing that
all premiums arising from this contract have been paid before payment is made
on the final estimate.
11.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana
residents in accordance with applicable portions of Title 18, Chapter 2, Part 4,
MCA.
208
Section 004
AGREEMENT FORM
Page 7 of 11
11.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess
of $25,000.00, Contractor and all subcontractors shall pay for all labor employed
the standard prevailing rate of wages. The standard prevailing rate of wages as
used herein means that standard prevailing rate of wages in the locality where
the work is to be performed as determined by the Montana Commissioner of
Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and
subcontractors are directed to the Montana Commissioner of Labor for
information on the standard prevailing rate of wages applicable to this contract
within this area.
Article 12. PERFORMANCE AND PAYMENT BONDS.
The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of the
OWNER each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
Article 13. INSURANCE.
Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of B+,
VI, as will protect himself, his subcontractors, the Owner and their respective agents and
employees from claims for bodily injury, death or property damage which may arise from
operations and completed operations under this Agreement. Such coverage shall be written for
claims arising out of all premises/ operations, sub-contracted operations, products/completed
operations, and all liability assumed by the CONTRACTOR under any contract or agreement.
CONTRACTOR shall not commence work under this Agreement until such certified copies of the
insurance policy shall have been filed with the OWNER. The City of Bozeman shall be named as
additional insured on any insurance certificates.
All insurance coverages shall remain in effect throughout the life of the Agreement.
Each insurance policy shall contain a clause providing that it will not be canceled by the
insurance company without 30 days written notice to the OWNER and Engineer of intention to
cancel. The minimum amounts of such insurance coverages being as per Section SC-5.04,
Supplementary Conditions to the General Conditions, Montana Public Works Standard
Specifications, Sixth Edition, and included herein:
SC – 5.04 CONTRACTOR’S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by
Law or Regulations:
209
Section 004
AGREEMENT FORM
Page 8 of 11
1. Workers’ Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions.
a. State: Statutory
b. Applicable Federal (e.g. Longshoremans): Statutory
c. Employer’s Liability: $500,000.00
2. Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General
Conditions which shall also include completed operations and product liability coverage.
a. GENERAL AGGREGATE: $3,000,000.00
b. Products-Completed Operations Aggregate: $3,000,000.00
c. Personal and Advertising
d. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00
e. Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5. Products and Completed Operations
6. Broad Form Property Damage will include explosion, collapse, blasting and
underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each Person: $500,000.00
Each Accident: $1,000,000.00
Property Damage:
Each Accident: $1,000,000.00
(or)
b. Combined Single Limit: $1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non-Owned
4. Contractor’s Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary
insurance or a combination of primary and excess or umbrella insurance. Primary occurrence
210
Section 004
AGREEMENT FORM
Page 9 of 11
limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on
property damage.
5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows:
The Contractor’s insurance coverage shall name the Owner, and Engineer and Engineer’s
Consultants as an additional insured under Commercial General Liability, Automobile Liability,
Excess or Umbrella policies.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions
shall provide coverage for not less than the following amounts:
6.1 Each Occurrence $ 1,000,000.00
6.2 Aggregate $ 3,000,000.00
Article 14. MISCELLANEOUS.
14.1 Terms used in this Agreement which are defined in the General Conditions shall have
the meanings indicated in the General Conditions of the Montana Public Works
Standard Specifications, Sixth Edition.
14.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the OWNER and the CONTRACTOR respectively and his partners,
successors, assigns, and legal representatives. Neither the OWNER nor the
CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations
hereunder without written consent of the other party. The Owner reserves the right to
withdraw at any time from any subcontractor whose work has proven unsatisfactory the
right to be engaged in or employed upon any part of the Work.
14.3 In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing party or the party given notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel.
14.4 Any amendment of modifications of this Agreement or any provisions herein shall be
made in writing and executed in the same manner as this original document and shall
after execution become a part of the Agreement.
14.5 CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless from
all claims and liability due to the activities of CONTRACTOR, their agents, employees, or
both, in performing the work required.
211
Section 004
AGREEMENT FORM
Page 10 of 11
14.6 CONTRACTOR is and shall perform this agreement as an independent contractor, and as
such, is responsible to the OWNER only as to the results to be obtained in the work
herein specified, and to the extent that the work shall be done in accordance with the
terms, plans and specifications. The CONTRACTOR shall have and maintain complete
control over all of its employees, subcontractors, agents and operations, being
responsible for any required payroll deductions and providing required benefits, such
as, but not limited to, workman's compensation and unemployment insurance.
14.7 CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or
perceived sexual orientation, gender identity or disability. The Contractor agrees this
requirement shall apply to the hiring and treatment of the Contractor’s employees and
to all subcontracts.
Article 15. CITY OF BOZEMAN BUSINESS LICENSE.
All Contractors conducting work within the City of Bozeman are required to have a current
Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse
Avenue, Bozeman, Montana.
Article 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL.
CONTRACTOR is responsible for proper disposal of all waste soils and materials unless
otherwise directed herein. Where waste materials are disposed on private property not owned
by the CONTRACTOR, evidence of property owner's written permission shall be obtained and
provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and
regulations pertaining to erosion control, fill in wet lands, and floodplains. The CONTRACTOR
shall dispose of all refuse and discarded material in an approved location.
CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to
prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals,
fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into
or alongside of rivers, streams, impoundments or into natural or manmade channels leading
thereto. In addition, the CONTRACTOR shall conduct and schedule his operations to avoid
muddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet the
requirements of the applicable regulations of the Department of Fish, Wildlife and Parks,
Department of Environmental Quality, City of Bozeman and other local, State, or Federal
regulations relating to the prevention or abatement of water pollution and siltation.
CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act and
the Montana Stream Preservation Act. The CONTRACTOR shall be responsible for obtaining any
required discharge permits associated with erosion control and groundwater dewatering
operations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any
detention or discharge areas.
212
Section 004
AGREEMENT FORM
Page 11 of 11
________________________________
(CONTRACTOR)
By: ____________________
Title: ____________________
Signature: __________________
(JOINT VENTURE)
By: ____________________
Title: ____________________
Signature: __________________
CITY OF BOZEMAN
(OWNER)
By: ____________________
(CITY MANAGER) Seal:
Attest: ____________________
APPROVED AS TO FORM:
By: ____________________
(CITY ATTORNEY)
213
Section 005 PAYMENT BOND214
Section 005 PAYMENT BOND215
Section 005 PAYMENT BOND216
Section 006 PERFORMANCE BOND217
Section 006 PERFORMANCE BOND218
Section 006 PERFORMANCE BOND219
Section 007
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
Page 1 of 1
Standard General Conditions of the Construction Contract
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
The following document shall be made a part of the Contract Documents:
1. Montana Public Works Standard Specifications (Sixth Edition)
2. City of Bozeman Modifications to Montana Public Works Standard Specifications (Sixth)
Edition
220
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 1 of 14
SECTION 008 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies
of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies
to Engineer who will forward them to the Owner. Owner shall execute all copies and
return two copies to the Contractor. Owner shall also furnish a counterpart or conformed
copy to the Engineer and shall retain three copies.
SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract
Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to
read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph ll.Ol.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
221
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 2 of 14
SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place: Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3:
Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and
establish the hourly rates in accordance with paragraph ll.Ol.A.S.c.
SC - 4.01AVAILABILITY OF LANDS
Add to Paragraph 4.0l.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of-way, the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated
construction easement boundaries or right-of-way without written permission from the
property owner and tenant.
SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special
Provisions.
222
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 3 of 14
SC- 4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical
conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
SC- 4.04- UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and as
such, Owner and Engineer are not responsible for the accuracy or completeness of
such information or data.
SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating"
of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
insurance has been obtained and certificates of insurance, with binders, or certified
223
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 4 of 14
copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from occurrences
during the agreement period.
SC- 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a. State
b. Applicable Federal (e.g. Longshoremans)
c. Employer's Liability
Statutory
Statutory
$ 500,000.00
224
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 5 of 14
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6
of the General Conditions which shall also include completed operations and
product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $
3,000,000.00 c. Personal and
Advertising
d. Each Occurrence (Bodily Injury and
Property Damage) $
1,000,000.00 e. Coverage
will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5. Products and Completed Operations
6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury: Each Person
Each Accident
$ 500,000.00 $ 1,000,000.00
Property Damage:
Each Accident $1,000,000.00
(or)
b. Combined Single Limit $ 1,000,000.00 Coverage to Include
225
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 6 of 14
1. All Owned
2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible
not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions
as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following
amounts:
Each Occurrence
Aggregate
$ 1,000,000.00
$ 3,000,000.00
226
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 7 of 14
SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work
by Owner.
227
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 8 of 14
6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of
Paragraph 5.06.C of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Article 5.06.A shall comply with the requirements of GC -
5.06. C. The qualifications of the insurance company shall comply with
the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00AM. To 5:00P.M. Emergency work may be done without prior permission.
SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.l of the General Conditions in its entirety and replace with the
following: 1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an
orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated
schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance
of progress schedules by the Engineer will neither impose on Engineer responsibility
for the sequencing, scheduling or progress of the Work, nor interfere with or relieve
Contractor from Contractor's full responsibility therefore.
228
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 9 of 14
SC- 6.13 SAFETY AND PROTECTION
Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
H. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also
be responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage. I. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
229
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 10 of 14
J. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows: While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer’s Resident Project Representative (if any).
SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as
follows and will include the costs of transportation, loading, unloading, assembly,
dismantling and removal thereof for equipment involved only in the changed portion of
the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used
for other portions of the Work. The cost of any such equipment, machinery, or parts shall
cease when the use thereof is no longer necessary for the Work. Hourly equipment and
machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied. 3. For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
230
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 11 of 14
equipment rental rates will be negotiated prior to the work being
performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.l and 2 of the General Conditions in its entirety and insert the
following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any), and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.l of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material
included in Application No. 1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill
of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.l.a. through
14.02.D.l.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the Contractor.
231
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 12 of 14
SC -14.02.C PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.l of the General Conditions in its entirety and insert the following in
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and when due, will be paid by Owner to
Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.l.c to read:
.. .entitling Owner to a set-off against the amount recommended, including liquidated damages; or...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the hull insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
SC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's
use of any facilities not specifically identified in the Contract Documents will be in
232
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 13 of 14
I
Accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume
responsibility for and operation of all facilities occupied or used except as may arise
through portions of work not yet completed by Contractor If the work has been substantially
completed and the Engineer certifies that full completion thereof is materially
delayed through no fault of the Contractor, the Owner shall, without terminating
the Agreement, make payment of the balance due for the portion of the work fully completed
and accepted.
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer
that the work is acceptable.
SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for
a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and
a copy will be sent to Engineer for information. Once the other party receives the request
for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable
rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or
Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C below, no mediation arising of or relating to
the Contract Documents shall include by consolidation, joiner, or in any other manner any
233
Section 008
SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS
Page 14 of 14
other person or entity (including Engineer, Engineer's
Consultant and the Officers, directors, agents, employees or consultants of any of them) who
is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is
to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or
fact which is common to those who are already parties to the mediation, and
which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included
and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall
constitute consent to mediation of any dispute not specifically described in such
consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 l.B, if a Claim or counterclaim, dispute or other matter
in question between Owner and Contractor involves the Work of a Subcontractor, either Owner
or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph
GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing
in this paragraph SC-16.0 l.C nor in the provision of such subcontract consenting to joiner
shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist.
SC-17.01 GIVING NOTICE
Add the following to Paragraph 17.0l.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 008
234
MONTANA
PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2022
Effective: January 1, 2022
Greg Gianforte, Governor
State of Montana
Laurie Esau, Commissioner
Department of Labor & Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing
wage rates, visit ERD at erd.dli.mt.gov/labor-standards or contact:
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 8011
Helena, MT 59620-1503
Phone 406-444-6543
The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide
information in an accessible format, upon request, in compliance with the Americans with Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the
Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this
publication.
The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required
each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem
applicable to the district in which the work is being performed as provided in the attached wage determinations.
All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards or by contacting the
department at (406) 444-6543.
In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the
payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing
wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406)
444-6543.
LAURIE ESAU
Commissioner
Department of Labor and Industry
State of Montana
235
2
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
WAGE RATES:
A. Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3
B. Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3
C. Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3
D. Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3
E. Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3
F. Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3
G. Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4
H. Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4
I. Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4
J. Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4
K. Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4
L. Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4
M. Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5
N. Employment Preference …………………………………………………………………………………………………………….…………………………....... 5
O. Projects of a Mixed Nature ............................................................................................................................................................ 5
P. Occupations Definitions Website ................................................................................................................................................... 5
Q. Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5
R. Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5
S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5
BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6
BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6
CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6
CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6
CONSTRUCTION EQUIPMENT OPERATORS
OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7
OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7
OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8
OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8
OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8
OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8
OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9
CONSTRUCTION LABORERS
LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9
LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9
LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10
LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10
DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10
DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11
ELECTRICIANS …………………………………………......................................................................................................................................... 11
INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11
IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12
LINE CONSTRUCTION
EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12
GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12
LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12
MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13
PAINTERS ……………………………………………………………………………..............….......................................................................................... 13
PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13
PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14
TRUCK DRIVERS ..................................................................................................................................................................................... 15
236
3
A. Date of Publication January 1 2022
B. Definition of Heavy Construction
The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(a), states “Heavy construction projects include, but
are not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway
construction.’
Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for
commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs,
chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to
construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries,
flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage
(not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees,
locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in
units – not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers
(sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other
than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains,
waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other
than buildings) and wells.”
C. Definition of Public Works Contract
Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the
state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state,
county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”.
D. Prevailing Wage Schedule
This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.
These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate
schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found
on the internet at https://erd.dli.mt.gov/labor-standards/ or by contacting the department at (406) 444-6543.
E. Rates to Use for Projects
ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the
time the bid specifications are advertised.”
F. Wage Rate Adjustments for Multiyear Contracts
Section 18-2-417, MCA states:
“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully
perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to
be paid to the workers performing the contract.
(2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted
12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%
increase. The adjustment must be made and applied every 12 months for the term of the contract.
(3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of
the contractor and any subcontractors and not the contracting agency.”
237
4
G. Fringe Benefits
Section 18-2-412, MCA states:
“(1) To fulfill the obligation...a contractor or subcontractor may:
(a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of
wages directly to the worker or employee in cash;
(b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or
program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona
fide program approved by the U. S. department of labor; or
(c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the
aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe
benefits and travel allowances, applicable to the district for the particular type of work being performed.
(2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or
employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or
bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that
are approved by the U. S. department of labor.”
Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to
be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained
agreement in effect that specifies otherwise.
H. Dispatch City
ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the
center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.”
I. Zone Pay
Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined
sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined
by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of
the job.” See section H above for a list of dispatch cities.
J. Computing Travel Benefits
ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to
and from the job site, except those with special provisions listed under the classification. The rate is determined by
measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the
employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities.
K. Per Diem
ARM, 24.17.103(18), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is
paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at
that location overnight or longer.”
L. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those
programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must
be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered
in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate
when working on a public works contract.
238
5
M. Posting Notice of Prevailing Wages
Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or
providing construction services under public works contracts, as provided in this part, shall post in a prominent and
accessible site on the project or staging area, not later than the first day of work and continuing for the entire
duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.”
N. Employment Preference
Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide
Montana residents in the performance of work on public works contracts.
O. Projects of a Mixed Nature
Section 18-2-418, MCA states:
“(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the
public works construction services project is classified as a highway construction project, a heavy construction project, or
a building construction project.
(2) Once the project has been classified, employees in each trade classification who are working on that project must be
paid at the rate for that project classification”
P. Occupations Definitions
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/building-construction-occupations
Q. Welder Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
R. Foreman Rates
Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid
at least the journey level rate.
S. Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The
proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed
at a location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted
flange connections that has been pre-fabricated off site and does not require any modification such as cutting,
grinding, welding, or other fabrication in order to be installed. All other work previously classified as pipefitter
remains in that classification. The proper classification for that work when it is at a location that will always be
outside a building is Pipelayer, which is under the Laborer Group 3 classification.
239
6
WAGE RATES
BOILERMAKERS
Wage Benefit
$34.12 $31.68
Duties Include:
Construct, assemble, maintain, and repair stationary steam
boilers, boiler house auxiliaries, process vessels, pressure
vessels and penstocks. Bulk storage tanks and bolted
steel tanks.
Travel:
All Districts
0-120 mi. free zone
>120 mi. federal mileage rate/mi.
Special Provision:
Travel is paid only at the beginning and end of the job.
Per Diem:
All Districts
0-70 mi. free zone
>70-120 mi. $65.00/day
>120 mi. $80.00/day
↑ Back to Table of Contents
BRICK, BLOCK, AND STONE MASONS
Wage Benefit
$35.95 $18.52
Travel:
0-20 mi. free zone
>20-35 mi. $30.00/day
>35-55 mi. $35.00/day
>55 mi. $78.00/day
↑ Back to Table of Contents
CARPENTERS
Wage Benefit
$32.75 $13.82
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr.
>60 mi. base pay + $6.00/hr.
↑ Back to Table of Contents
CEMENT MASONS AND CONCRETE FINISHERS
Wage Benefit
$22.85 $12.85
Duties Include:
Smooth and finish surfaces of poured concrete, such as
floors, walks, sidewalks, or curbs. Align forms for
sidewalks, curbs, or gutters. Rates for rebar workers can
be found under the Ironworkers classification.
Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr.
↑ Back to Table of Contents
240
7
CONSTRUCTION EQUIPMENT OPERATORS GROUP 1
Wage Benefit
$28.21 $13.65
This group includes but is not limited to:
Air Compressor; Auto Fine Grader; Belt Finishing; Boring
Machine (Small) 12 inch and under; Cement Silo; Crane, A-
Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20
Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-
End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills;
Herman Nelson Heater; Mucking Machine; Oiler, All Except
Cranes/Shovels; Pumpman.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
CONSTRUCTION EQUIPMENT OPERATORS GROUP 2
Wage Benefit
$30.04 $13.65
This group includes but is not limited to:
Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu.
yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, Large; Broom, Self-Propelled; Concrete Travel
Batcher; Concrete Float & Spreader; Concrete Bucket
Dispatcher; Concrete Finish Machine; Concrete Conveyor;
Distributor; Dozer, Rubber-Tired, Push, & Side Boom;
Elevating Grader\Gradall; Field Equipment Serviceman;
Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade
Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All;
Hydralift Forklifts & Similar; Industrial Locomotive; Motor
Patrol (except finish); Mountain Skidder; Oiler,
Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw,
Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch
Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-
Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill,
under 6 ft; Trenching Machine; Washing /Screening Plant
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
241
8
CONSTRUCTION EQUIPMENT OPERATORS GROUP 3
Wage Benefit
$29.75 $13.65
This group includes but is not limited to:
Asphalt Paving Machine; Asphalt Screed;
Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway
Highline; Concrete Batch Plant; Concrete Curing Machine;
Concrete Pump; Cranes, Creter; Cranes, Electric Overhead;
Cranes, 24 tons and under; Curb Machine\Slip Form Paver;
Finish Dozer; Front-End Loader, over 5 cu. yds;
Mechanic\Welder; Pioneer Dozer; Roller Asphalt
(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single,
Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck,
Articulating Trucks, Vac Truck.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
CONSTRUCTION EQUIPMENT OPERATORS GROUP 4
Wage Benefit
$30.75 $13.65
This group includes but is not limited to:
Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl.
44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
CONSTRUCTION EQUIPMENT OPERATORS GROUP 5
Wage Benefit
$31.75 $13.65
This group includes but is not limited to:
Cranes, 45 tons up to and incl. 74 tons.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
CONSTRUCTION EQUIPMENT OPERATORS GROUP 6
Wage Benefit
$32.75 $13.65
This group includes but is not limited to:
Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley
(All).
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
242
9
CONSTRUCTION EQUIPMENT OPERATORS GROUP 7
Wage Benefit
$33.75 $13.65
This group includes but is not limited to:
Cranes, 150 tons up to and incl. 250 tons; Cranes, over
250 tons—add $1.00 for every 100 tons over 250 tons;
Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter
Hoist.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.50/hr.
>60 mi. base pay + $5.50/hr.
↑ Back to Table of Contents
CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL
Wage Benefit
$23.08 $11.77
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + $4.85/hr.
↑ Back to Table of Contents
CONSTRUCTION LABORERS GROUP 2
Wage Benefit
$25.90 $11.77
This group includes but is not limited to:
General Labor; Asbestos Removal; Burning Bar; Bucket
Man; Carpenter Tender; Caisson Worker; Cement Mason
Tender; Cement Handler (dry); Chuck Tender; Choker
Setter; Concrete Worker; Curb Machine-lay Down; Crusher
and Batch Worker; Heater Tender; Fence Erector;
Landscape Laborer; Landscaper; Lawn Sprinkler Installer;
Pipe Wrapper; Pot Tender; Powderman Tender; Rail and
Truck Loaders and Unloaders; Riprapper; Sign Erection;
Guardrail and Jersey Rail; Spike Driver; Stake Jumper;
Signalman; Tail Hoseman; Tool Checker and Houseman
and Traffic Control Worker.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + $4.85/hr.
↑ Back to Table of Contents
243
10
CONSTRUCTION LABORERS GROUP 3
Wage Benefit
$26.07 $11.77
This group includes but is not limited to:
Concrete Vibrator; Dumpman (Grademan); Equipment
Handler; Geotextile and Liners; High-Pressure Nozzleman;
Jackhammer (Pavement Breaker) Non-Riding Rollers;
Pipelayer; Posthole Digger (Power); Power Driven
Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and
Tamper.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + $4.85/hr.
↑ Back to Table of Contents
CONSTRUCTION LABORERS GROUP 4
Wage Benefit
$26.76 $11.77
This group includes but is not limited to:
Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller;
Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler;
Power Saws (Faller & Concrete);
Powderman; Rock & Core Drill; Track or Truck Mounted
Wagon Drill and Welder incl. Air Arc
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + $4.85/hr.
***Hod Carriers will receive the same amount of travel
and/or subsistence pay as bricklayers when requested to
travel.
↑ Back to Table of Contents
DIVERS
Wage Benefit
Stand-By $44.98 $17.84
Diving $89.96 $17.84
Depth Pay (Surface Diving)
0-20 ft. free zone
>20-100 ft. $2.00 per ft.
>100-150 ft. $3.00 per ft.
>150-220 ft. $4.00 per ft.
>220 ft. $5.00 per ft.
Diving In Enclosures
0-25 ft. free zone
>25-300 ft. $1.00 per ft.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr.
>60 mi. base pay + $6.00/hr.
↑ Back to Table of Contents
244
11
DIVER TENDERS
Wage Benefit
$43.98 $17.84
The tender shall receive 2 hours at the straight time pay
rate per shift for dressing and/or undressing a Diver when
work is done under hyperbaric conditions.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr.
>60 mi. base pay + $6.00/hr.
↑ Back to Table of Contents
ELECTRICIANS
Wage Benefit
$35.59 $16.39
Travel:
No mileage due when traveling in employer’s vehicle.
The following travel allowance is applicable when traveling
in employee’s vehicle:
0-08 mi. free zone
>08-50 mi. federal mileage rate/mi. in excess of the
free zone.
>50 mi. $60.57/day
↑ Back to Table of Contents
INSULATION WORKERS - MECHANICAL (HEAT AND FROST)
Wage * Benefit *
$39.97 $19.87
Duties Include:
Insulate pipes, ductwork or other mechanical systems.
Travel: *
0-30 mi. free zone
>30-40 mi. $25.00/day
>40-50 mi. $35.00/day
>50-60 mi. $50.00/day
>60 mi. $60.00/day plus
▪ $0.56/mi. if transportation is not provided.
▪ $0.20/mi. if in company vehicle.
>60 mi. $100.00/day on jobs requiring an overnight stay
plus
▪ $0.56/mi. if transportation is not provided.
▪ $0.20/mi. if in company vehicle.
↑ Back to Table of Contents
* Amended 3/11/2022
245
12
IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS
Wage Benefit
$29.38 $27.05
Duties Include:
Structural steel erection; assemble prefabricated metal
buildings; cut, bend, tie, and place rebar; energy producing
windmill type towers; metal bleacher seating; handrail
fabrication and ornamental steel.
Travel:
0-45 mi. free zone
>45-60 mi. $45.00/day
>60-100 mi. $70.00/day
>100 mi. $90.00/day
Special Provision:
When the employer provides transportation, travel will not
be paid. However, when an employee is required to travel
over 70 miles one way, the employee may elect to receive
the travel pay in lieu of the transportation.
↑ Back to Table of Contents
LINE CONSTRUCTION – EQUIPMENT OPERATORS
Wage Benefit
$36.00 $16.92
Duties Include:
All work on substations
Travel:
No Free Zone
$60.00/day
↑ Back to Table of Contents
LINE CONSTRUCTION – GROUNDMAN
Wage Benefit
$29.09 $16.09
Duties Include:
All work on substations
Travel:
No Free Zone
$60.00/day
↑ Back to Table of Contents
LINE CONSTRUCTION – LINEMAN
Wage Benefit
$48.65 $18.03
Duties Include:
All work on substations
Travel:
No Free Zone
$60.00/day
↑ Back to Table of Contents
246
13
MILLWRIGHTS
Wage Benefit
$39.68 $14.27
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr.
>60 mi. base pay + $6.00/hr.
↑ Back to Table of Contents
PAINTERS
Wage Benefit
$25.00 $0.00
Travel:
No travel or per diem established.
↑ Back to Table of Contents
PILE BUCKS
Wage Benefit
$32.75 $13.82
Duties Include:
Set up crane; set up hammer; weld tips on piles; set leads;
insure piles are driven straight with the use of level or plum
bob. Give direction to crane operator as to speed, and
direction of swing. Cut piles to grade.
Zone Pay:
0-30 mi. free zone
>30-60 mi. base pay + $4.00/hr.
>60 mi. base pay + $6.00/hr.
↑ Back to Table of Contents
PLUMBERS, PIPEFITTERS, AND STEAMFITTERS
Wage Benefit
$39.98 $20.26
Duties Include:
Assemble, install, alter, and repair pipe-lines or pipe
systems that carry water, steam, air, other liquids or gases.
Testing of piping systems, commissioning and retro-
commissioning. Workers in this occupation may also
install heating and cooling equipment and mechanical
control systems.
Travel:
0-70 free zone
>70 mi.
▪ On jobs when employees do not work consecutive
days: $0.55/mi. if employer doesn’t provide
transportation. Not to exceed two trips.
▪ On jobs when employees work any number of
consecutive days: $105.00/day.
↑ Back to Table of Contents
247
14
SPRINKLER FITTERS
Wage Benefit
$35.66 $24.29
Duties Include:
Duties Include but not limited to any and all fire protection
systems: Installation, dismantling, inspection, testing,
maintenance, repairs, adjustments, and corrections of all
fire protection and fire control systems, including both
overhead and underground water mains, all piping, fire
hydrants, standpipes, air lines, tanks, and pumps used in
connection with sprinkler and alarm systems.
Travel
All Districts
The following travel allowance is applicable when traveling
in employee’s vehicle.
0-60 mi. free zone
>60-80 mi. $19.00/day
>80-100 mi. $29.00/day
>100 mi. $105.00/day.
Special Provision
When traveling >100 miles, mileage at $0.54/mi. + $8.59
for every 15 miles traveled at beginning and end of job.
The following travel allowance is applicable when traveling
in employer’s vehicle.
0-100 mi. free zone
>100 mi. $105.00/day
Special Provision
When traveling >100 miles, $8.59 for every 15 miles
traveled, at beginning and end of job.
Per Diem:
All Districts
No per diem is applicable when traveling in employee’s
vehicle
The following per diem is applicable when traveling in
employer’s vehicle.
0-100 mi. free zone
>100 mi. $105.00/day
↑ Back to Table of Contents
248
15
TRUCK DRIVERS
Pilot Car Driver No Rate Established
Wage Benefit
Truck Driver $31.28 $9.37
Truck drivers include but are not limited to:
Combination Truck and Concrete Mixer and Transit Mixer;
Dry Batch Trucks; Distributor Driver; Dumpman; Dump
Trucks and similar equipment; Dumpster; Flat Trucks;
Lumber Carriers; Lowboys; Pickup; Powder Truck Driver;
Power Boom; Serviceman; Service Truck/Fuel
Truck/Tireperson; Truck Mechanic; Trucks with Power
Equipment; Warehouseman, Partsman, Cardex and
Warehouse Expeditor; Water Trucks.
Zone Pay:
All Districts
0-30 mi. free zone
>30-60 mi. base pay + $3.05/hr.
>60 mi. base pay + .$4.85/hr.
Special Provision:
Zone pay only applies to the Truck Driver classification. No
zone pay was established for Pilot Car Driver.
↑ Back to Table of Contents
249
Section 010
SPECIAL PROVISIONS
Page 1 of 10
SPECIAL PROVISIONS
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
1. GENERAL
The work to be performed under this Contract includes the installation of a Cure-In-Place Pipe
liner in an 18” vitrified clay tile pipe bewteen S. Tracy and S. Black (near E. Cleveland Drive),
including supplying and installing the liner, video inspection and logging, traffic control, clean-up
and all other items incidental to construction.
All work shall be performed in accordance with applicable sections of the Montana Public Works
Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman
Modifications to MPWSS, Sixth Edition, which is hereby included as part of these Special
Provisions. All references to MPWSS sections, unless otherwise noted, are a reference to said
Montana Public Works Standard Specifications.
All correspondence and official authorization concerning the work shall be with the Project
Manager or their designated representatives as identified at the preconstruction conference.
Any changes in the Work or schedule not authorized by the above shall be deemed as
unauthorized and shall be done at Contractor’s risk at no cost to the City of Bozeman. All
damages, reparations, and costs thus incurred during the progress of such unauthorized work
shall be borne exclusively by the Contractor.
2. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning of the Contract Time shall be stated in a written Notice to Proceed written by the
Project Manager to the Contractor. In establishing the date when Contract Time begins, the
Project Manager will consider that the Contract time begins following delivery of the Notice to
Proceed. A separate Notice to Proceed may be issued for each separate or combined quote
schedule. Where multiple schedules are awarded under a single Contract, the Contract times
shall run concurrently, unless the City of Bozeman agrees to issue a separate Notices to Proceed.
The Contract Time will expire automatically after the number of calendar days stated as Contract
Time, except as the Contract Time may be extended by change order.
3. LIQUIDATED DAMAGES
Subject to the provisions of the Contract Documents, the City of Bozeman shall be entitled to
liquidated damages for failure of the Contractor to complete the work within the specified
Contract time.
250
Section 010
SPECIAL PROVISIONS
Page 2 of 10
The Contractor agrees to pay liquidated damages for compensation to the City of Bozeman for
expenses incurred by the City of Bozeman during the Contract time overrun.
As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of
$500.00 per calendar day for each day that the work remains uncompleted beyond the Contract
period. Liquidated damages shall be paid by deduction from monthly progress payments and the
final payment.
4. COST LIMITATIONS
The City of Bozeman reserves the right to eliminate or reduce certain proposal items from the
project following the quote opening to make the project financially feasible with the limitations
of the funds allocated for this project. The determination of which items shall be eliminated shall
be the responsibility of the City of Bozeman.
5. NAMES, PRODUCTS AND SUBSTITUTIONS
Where products or materials are specified by manufacturer, trade name, or brand, such
designations are intended to indicate the required quality, type, utility, and finish. Requests for
proposed substitution shall include complete specifications and descriptive data to prove the
equality of proposed substitutions. Substitutions shall not be made without the written approval
of the City of Bozeman. No substitutions will be considered until after Contract award.
6. APPROVAL OF EQUIPMENT AND MATERIALS
The Contractor shall furnish to the City of Bozeman or its Engineer for approval the name of the
manufacturer of machinery, mechanical and other equipment and materials which they
contemplate using in execution of the work, together with the performance capacities and such
other information which may be pertinent or required by the City of Bozeman.
7. CONTRACTOR'S QUALIFICATIONS
The Contractor shall show evidence that they have the finances, organization, and equipment to
perform the work with a limited number of subcontractors. The Contractor will be required to
have a full-time resident General Superintendent on the job at all times while the work is in
progress. They shall be in a position to direct the work and make decisions either directly or
through immediate contact with their superior. Absence or incompetence of the superintendent
shall be reason for the City of Bozeman to stop all work on the project.
8. WARRANTY
If, within two years after acceptance of the work by the City of Bozeman, any of the work is found
251
Section 010
SPECIAL PROVISIONS
Page 3 of 10
to be defective or not in accordance with the Contract Documents, and upon written notice from
the City of Bozeman, the Contractor shall correct any work beginning within seven (7) calendar
days of said written notice. Should the Contractor fail to respond to the written notice within
the designated time, the City of Bozeman may correct the work at the expense of the Contractor.
9. SCHEDULING
Prior to or at the preconstruction meeting, the Contractor shall provide the Project Manager the
following schedules:
A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and
progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar
Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to
reflect project changes.
B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that
will become due to the Contractor in accordance with the Construction Progress Schedule.
C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for
the specific conditions involved with each construction schedule.
The Contractor shall limit working hours to 8:00 a.m. to 5:00 p.m., Monday through Friday. No
work shall be done outside of these hours unless specifically approved by the Project Manager.
10. PRECONSTRUCTION CONFERENCE
After the Contract(s) have been awarded, but before the start of construction, a conference will
be held at the jobsite on Westridge, for the purpose of discussing requirements on such matters
as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to
contractors, Contract change orders, insurance, safety, and any other items pertinent to the
project. The Contractor shall arrange to have all supervisory personnel and a representative from
each of the affected utility companies connected with the project on hand to meet with a
representative of the City of Bozeman to discuss the project and any problems anticipated.
11. SHOP AND FABRICATION DRAWINGS
The Contractor shall prepare and submit fabrication drawings, design mix information, material
testing compliance data, and other data, in accordance with the General Conditions. Following
review, the Contractor shall resubmit copies of any drawings which required revision or
correction.
252
Section 010
SPECIAL PROVISIONS
Page 4 of 10
Any review by the City of Bozeman will not relieve the Contractor from responsibility for errors
or omissions, inadequate design performance requirements, schedule requirements, and proper
operation of any item required under the Contract. Notwithstanding any such review, Contractor
shall remain solely responsible for full and complete performance in accordance with the terms,
conditions, provisions, drawings and specifications set forth in the Contract Documents.
12. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the owners of underground utilities such
as the City, County, power and telephone companies, etc. as to the location of their underground
installations in the project area. The Contractor shall be solely responsible for any damage done
to these installations due to failure to locate them or to properly protect them when their
location is known.
It shall be solely the responsibility of the Contractor to fully coordinate their work with the
agencies and to keep them informed of their construction activities so that these vital
installations are fully protected at all times.
A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests
for underground facility locate information. The Contractor is responsible for contacting the One-
call system prior to any excavation.
13. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY
The Contractor shall contain all of their construction operations within the easements and rights
of way unless written approval is secured from the City of Bozeman of the adjoining property or
written approval is given by the City of Bozeman to utilize the adjacent land area.
14. TRAFFIC CONTROL
B. General. The Contractor shall at all times conduct their operations so that there is a
minimum interruption in the use of the City of Bozeman's streets affected by the work. Exact
procedures in this respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets, roads or highways or require
night-time or long-term traffic control, the Contractor will be required to prepare a detailed
TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the
253
Section 010
SPECIAL PROVISIONS
Page 5 of 10
specific conditions. Traffic control plans shall be in conformance with the requirements of the
Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific
details on traffic detours and estimated durations of the closures. Details of signing, barricades,
flagging and other traffic control devices shall be presented. The Traffic Control Plan shall be
approved by the City of Bozeman prior to construction. The Contractor may be required to modify
or adjust a traffic control set-up to fit specific field conditions encountered during construction.
C. Traffic Access. Construction work shall be programmed by the Contractor so that local
traffic will have continuous access within one block of any given property. It shall be the
responsibility of the Contractor to notify all affected residents in the area of programmed work,
of street closures, parking requirements and restrictions, and any other conditions, a minimum
of twenty-four (24) hours prior to beginning work within the affected area. All signing,
barricades, and other traffic control measures shall be provided by the Contractor.
D. Warning Signals. All streets, roads, highways and other public thoroughfares which
are closed to traffic shall be protected by means of effective barricades on which shall be placed,
mounted or affixed acceptable warning signs. Barricades shall be located at the nearest
intersecting public highway or street on each side of the blocked section.
All open trenches and other excavations within the construction area shall be provided with
suitable barriers, signs and lights to the extent that adequate public protection is provided. All
abrupt grade changes greater than one inch which traffic is required to pass over; and
obstructions, including but not limited to, material stockpiles and equipment shall be similarly
protected.
All barricades and obstructions shall be illuminated by means of warning lights at night. All lights
used for this purpose shall be kept burning from sundown to sunrise.
E. Notifications. The Contractor shall coordinate all of the Contractor’s construction
activities to minimize conflicts at the work site, off-site events, or other construction projects
nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police,
Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR
Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24
hours before any actual street closure. In addition, all businesses affected by a street closure
shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall
maintain a log of all advance notifications that have been made for each street segment
construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare
a news release announcing the upcoming street closure which shall specify at a minimum the
impact of the construction upon the public and the duration of the work. At least three days
prior to the street closure, the Contractor shall submit the news release to all local news media,
and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle.
254
Section 010
SPECIAL PROVISIONS
Page 6 of 10
F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman
Street Department and the Montana Department of Transportation when working in or near a
signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman
Street Department and the Montana Department of Transportation.
G. Work Methods.
1. The Contractor shall position all traffic control devices according to plan prior
to positioning personnel or equipment on the traveled way.
2. The Contractor shall inspect and check the work zone traffic control frequently
including weekends, holidays, and other non-working days, and shall correct any
deficiencies discovered. The Contractor shall keep a log of all inspections.
3. Construction traffic control devices shall be removed or covered when they
are not being used for construction activities.
4. If the Contractor fails to correct a deficiency in the traffic control system that
the Engineer deems a necessary traffic control modification to expedite the
movement of traffic or an emergency hazard to life and/or property, the City of
Bozeman may correct the deficiency and be reimbursed for all costs from the
next progress payment to the Contractor.
5. Flagging shall be only performed by certified and properly equipped
flagpersons. Flagging shall be done as described in the booklet “Instructions to
Flagpersons” published by the Montana Department of Transportation.
6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians
to the greatest extent possible. When necessary pedestrian detours shall be
established or the sidewalk shall be properly closed to travel in accordance with
the MUTCD and City of Bozeman requirements.
7. The Contractor shall schedule the work to minimize inconvenience to the City
of Bozeman and to adjacent property owners and to minimize interruptions to
utility service and through traffic. The Contractor shall maintain vehicular access
to local businesses at all times. Work shall be scheduled so as to minimize
disruptions to local mail and freight delivery. The Contractor shall maintain
vehicular access to residences able to be used after each shift.
Street closures shall be closures to through traffic with local traffic allowed.
255
Section 010
SPECIAL PROVISIONS
Page 7 of 10
Provide channelization, flaggers, or other measures necessary to allow the safe
passage of local vehicles to access residences that are within the work zone but
not blocked by construction. Notify all residents at least 24 hours in advance of
any access restrictions for individual approach or street closures. Schedule work
such that individual approach closures last no more than a single shift.
The Contractor shall utilize whatever means they deem necessary to allow traffic
on driveway curbs and aprons a maximum of 10 days after they are poured
unless approval is specifically granted by the home owners to leave them closed
for a longer period of time. The Contractor will be responsible for any cracking
or broken sidewalk that may result from use of the driveways.
8. The Contractor shall designate one (1) employee whose primary purpose shall
be to coordinate traffic control and shall provide a 24 hour per day telephone
number or numbers to contact this person.
15. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL
The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless
otherwise directed herein. Where waste materials are disposed on private property not owned
by the Contractor, evidence of property owner's written permission shall be obtained and
provided to the City of Bozeman. Contractor shall comply with all Local, State, and Federal laws
and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all
refuse and discarded materials in an approved location.
This project is less than one acre in area and therefore a Construction Stormwater Permit (Permit)
for Sites Less than One Acre is required to be submitted to the City of Bozeman Stormwater
Division. Compiling and submitting the Permit is the responsibility of the Contractor. This Permit
must be approved by the City of Bozeman prior to any construction activities.
The Contractor shall exercise all reasonable precautions throughout the life of the project to
prevent pollution or siltation of the City of Bozeman’s stormwater system, rivers, streams or
impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage,
and other harmful wastes shall not be discharged into the city stormwater system or into or
alongside of rivers, streams, impoundments or into natural or manmade channels leading
thereto. In addition, the Contractor shall conduct and schedule their operations to avoid
muddying or silting of rivers, streams or impoundments. The Contractor shall meet the
requirements of the applicable regulations of the Montana DEQ, Department of Fish, Wildlife and
Parks, Department of Health and Environmental Sciences and other State or Federal regulations
relating to the prevention or abatement of water pollution and siltation. The Contractor's
specific attention is directed to the Montana Water Quality Act and the Montana Stream
256
Section 010
SPECIAL PROVISIONS
Page 8 of 10
Preservation Act.
The Contractor shall be responsible for obtaining any required discharge permits associated with
groundwater de-watering operations and stormwater runoff. All debris or waste materials shall
be cleaned up by the end of the work day. The Contractor is responsible for required Permit
inspections, corrective actions, and documentation as well as BMP installation, inspections,
maintenance, and removal upon project final stabilization.
16. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to
pavement shall be corrected by the Contractor, at their expense, in a manner as directed by the
Project Manager.
17. MANHOLES, VALVE AND MONUMENT BOXES
All manholes, valve and monument boxes shall be protected with heavy builder’s paper until final
coating and compaction has occurred. Contractor shall dig out and clean completely all boxes
and manholes which are not protected. All manholes and boxes which are at the edges of the
defined limits of construction shall be treated as if they are completely within the construction
area and the area immediately surrounding the raised and/or protected manholes and boxes
shall be feathered in so as to provide a gradual transition over such manhole and/or box.
It is imperative that manholes and valve boxes be accessible to the City of Bozeman for
emergency maintenance of its utilities. The Contractor shall schedule their work to provide timely
access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the
Contractor and not immediately re-exposed shall be subject to being uncovered by City of
Bozeman crews without notice in response to emergency maintenance needs. The Contractor
shall be responsible for reasonable restoration at no cost to the City of Bozeman.
18. OPERATION OF EXISTING VALVES
All existing City of Bozeman water main valves shall be operated by authorized personnel of the
City of Bozeman only. The Contractor shall not operate any existing valves without the written
consent of the City of Bozeman.
19. SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this Contract shall remain the
property of the City of Bozeman. Should the City of Bozeman choose not to accept any
257
Section 010 SPECIAL PROVISIONS Page 9 of 10
salvageable items, then the Contractor shall dispose of those items at their expense at a site or
landfill acceptable to the Project Manager. Any costs for the above referenced work shall be at
the Contractor’s expense.
20. ACCESS TO RECORDS
The Contractor shall allow access to any books, documents, papers and records which are directly
pertinent to this Contract by the City of Bozeman, State or Federal agencies, or any of their duly
authorized representatives for the purpose of making an audit, examination, excerpts or
transcriptions.
21. INSURANCE
Insurance coverage required under this Contract shall extend, at a minimum, to the end of the
Contract time.
22. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS
Prior to initiation of any excavation or removal of existing curb, the Contractor shall cut all tree
roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable
of cutting the roots in a neat clean, fashion from existing ground to subgrade elevation.
Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used
shall be submitted to the Project Manager for approval prior to the start of work. In addition,
the Contractor shall take special care when working around trees to avoid any unnecessary
damage to the branches or the trunks of trees. Protective barriers shall be placed around trees
as necessary to prevent inadvertent damage by equipment.
The Contractor shall take care to locate any existing sprinkler heads or lines prior to
excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The
Contractor shall be responsible for preserving existing property pins in the field. The cost of
resetting property pins removed by the Contractor shall be the responsibility of the Contractor.
23. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS
One City of Bozeman Water/Sewer Operations Department service worker will be available 7:15
AM till 5:15 PM Monday-Friday with the exception of City of Bozeman recognized holidays, when
water and sewer main replacement work is required. Work scheduled outside these times with
less than 24 hours’ notice will be billed at 1.5 times the service worker’s base pay rate of $ 28.00
per hour. Call outs (emergency response with no notice) will be billed 2 hours double the
employee’s base rate. Each succeeding hour thereafter 1.5 times the base rate.
The Contractor is required to respond to affected property owners within the project and resolve
258
Section 010 SPECIAL PROVISIONS Page 10 of 10
complaints/issues that are raised. If the City of Bozeman is contacted due to non-responsiveness
on the part of Contractor, the City of Bozeman will resolve the issue and charge the Contractor
for its time at the rates provided for in this section.
24. DELAYS
The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated
in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal
precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind,
flood, or other natural phenomena of normal intensity for the locality where Work is
performed. Such events will not constitute justification for an extension of time unless agreed
upon by both the Project Manager and Contractor, and the total time lost to such events exceeds
5% of the Contract Time. For purposes of determining extent of delay attributable to unusual
weather phenomena, a determination shall be made by comparing the weather for a minimum
continuous period of at least one-fourth of the Contract Time involved with the average of the
preceding 5 –year climatic range during the same time interval based on U.S. Weather Bureau
statistics for the locality where the Work is performed.
25. CONSTRUCTION TRAFFIC ROUTES
To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in
the area for access to and from the site. This includes general construction traffic in addition to
the transport of equipment and materials to and from the site. The streets in the area that meet
this designation include South 3rd Avenue and Kagy Boulevard. The Contractor shall receive prior
approval from the Project Manager in order to use any local residential streets for a short term
construction traffic route.
26. CONSTRUCTION STAKING
The Contractor will be responsible for all layout for construction. The Contractor will be provided
with an electronic version of the plans in AutoCad format and scalable hard copies of the Contract
drawings. Discrepancies between drawings, specifications, and existing conditions shall be
referred to the Project Manager for adjustment before work is performed.
Construction Staking. Due to the nature of this project, construction staking by a licensed
professional surveyor is not required.
Prior to commencing the work, the Contractor shall carefully check all drawings that in any way
impact the location or elevation of the work to be executed by them, and should a discrepancy
be found, they shall immediately report the same to the Project Manager for verification and
adjustment. Any duplication of work made necessary by failure or neglect on the part of the
Contractor to comply with this requirement shall be done at their sole expense.
259
Section 011
MEASUREMENT AND PAYMENT
Page 1 of 1
Measurement and Payment
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
The quantities listed in the Quote Form are estimates for the purpose of quoting only. Payment to
the Contractor will be made based on the actual satisfactorily completed work quantities measured
in the field. Under the terms of this contract, the unit price as contained in the Quote Form shall be
applicable to quantity overruns.
The following measurement and payment sections do not necessarily name every incidental item
required by the Contract Documents to complete the work. Cost of all such incidental items shall be
included in the various related bid items.
Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred
percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than
five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than
five percent (5%), if any, payment shall be made on the basis of the percentage of the work
completed of each progress estimate.
Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing
to begin construction, and fifty percent (50%) to be paid following substantial completion and
acceptance of the work.
Item 103: (Dewatering and Plan) A Dewatering Plan must be submitted to the City prior to
construction. Measurement and payment shall be on a lump sum basis to complete, submit and
comply with these documents.
Item 104: (CIPP Liner – 18 inch) Measurement and payment shall be on a lump sum basis for
installation of the cure-in-place pipe linter as specified on the Project Drawings. This bid item shall
include installation, trimming, dewatering, clean up and waste disposal, video inspection and report.
This bid item shall also include protection, of existing utility lines and all materials, labor, tools, and
equipment necessary to complete the work.
Item 105: (Traffic Control) Measurement and payment shall be on a lump sum basis to furnish and
maintain traffic control measures on all segments of the pipe lining work site, including S. Tracy / E.
Cleveland intersection, and in the Springdell Apartments parking lot (contact provided by City staff).
260
Section 012
STANDARD DRAWINGS
Page 1 of 8 261
Section 012
STANDARD DRAWINGS
Page 2 of 8
262
Section 012
STANDARD DRAWINGS
Page 3 of 8
263
Section 012
STANDARD DRAWINGS
Page 4 of 8
264
Section 012
STANDARD DRAWINGS
Page 5 of 8 265
Section 012
STANDARD DRAWINGS
Page 6 of 8 266
Section 012
STANDARD DRAWINGS
Page 7 of 8
267
Section 016
STANDARD DRAWINGS
Page 8 of 8
268
SUMMARY OF WORK Sec 013 - 1
DIVISION 1 - GENERAL
REQUIREMENTS SECTION 013 -
SUMMARY OF WORK
PART 1 - GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS:
The following sections generally describe the project. Exact quantities of unit price items are identified on the bid form. Detailed technical specifications and the construction drawings take precedence over these general descriptions in the case of any conflicts.
A.General
The South Tracy Stormwater Rehabilitation Project consists of 189 lineal feet of stormwater rehabilitation of existing 18-inch diameter (nominal) vitrified clay and HDPE pipe with cured-in-place pipe (CIPP). The stormwater main is located within a residential area east of the intersection of West Cleveland Street and South Tracy Avenue. Completion of this work will
include pre-installation inspection, cleaning, bypass pumping operations, and CIPP lining
installation. Resin used for the CIPP shall be non-styrene, VOC-free resin. All work will be completed within existing City of Bozeman road right-of-way and stormwater utility easements.
B.Stormwater Trunk Main Improvements
1.Due to the location of the stormwater pipeline and proximity of the stormwater
discharge to surface water, the CIPP resin shall be a non-styrene, VOC-free resin.
2.Provisions for bypass pumping will be required. The CONTRACTOR shall provide abypass pumping plan for base flow and emergency operations if there is a storm event
during the CIPP installation. Base flow pumping operations shall assume a flow of
approx. 50 gpm or less, to be verified by the CONTRACTOR at the time of construction.The CONTRACTOR shall have emergency bypass pump(s) and piping on-site andready to deploy in the event that there is a storm during the CIPP installation. It is theCONTRACTOR’s responsibility to verify the required bypass pump rates and be
prepared with appropriate bypass pumping capacity. The Contractor shall give
consideration to the weather pattern when preforming the work.
3.The City completed video inspection of the existing stormwater main in 2022 to verify
suitability for lining and check for any impassable sections. The video inspection files
are available for review upon request from the CONTRACTOR. Based upon the 2022video inspection, the mains were found to be in satisfactory condition for lining.
4.The 2022 video inspection identified no service connections to the stormwater main.
5.The pre-insertion video inspection shall include video with distance recording and
269
SUMMARY OF WORK Sec 013 - 2
inspection of the pipeline condition, cleaning and removal of roots. Copies of the
printed video summaries with the service locations identified shall be provided to the
City upon completion.
6.Discharge to the downstream stormwater manhole is strictly prohibited throughout theproject. All water and debris associated with the project, including but not limited tocleaning and CIPP inversion, cure, steam condensate, cool down and flush water, and
material shall be collected by the CONTRACTOR and disposed of off-site in a lawful
manner.
a.Pipeline Cleaning: The disposal of water and debris collected during the initialpipeline cleaning may be disposed of at the City’s Stormwater SedimentationCollection Facility (US Hwy 10 & Moss Bridge Road). The CONTRACTOR
shall coordinate with the OWNER for facility usage and discharge requirements.
b.CIPP Installation: Water and debris associated with the installation of the CIPPliner, inversion, cure, steam condensate, cool down and flush water, may bedisposed in the City’s wastewater collection system at a dump site located at theCity’s Vehicle Maintenance Facility, 1812 North Rouse Avenue. Prior to
discharge the CONTRACTOR shall sample the process water and submit third-
party laboratory analysis for volatile organic compounds (VOCs). The analyticalresults shall demonstrate the absence of styrene, diethyl hexyl phthalate (DEHP)and other VOCs that can not be removed in the City’s Water ReclamationFacility. If the presence of non-destructive VOCs exist, the CONTRACTOR
shall dispose CIPP installation water off-site in a lawful manner at no additional
expense to the OWNER.
1.02 PRELIMINARY MATTERS
A.Survey Markers and Monuments. The CONTRACTOR shall protect and not disturb any
survey markers or monuments, such as lot or block corners, property pins, or section corners or
section breakdown corners. Any survey marker or monument that is disturbed or destroyed by the CONTRACTOR shall be replaced at no cost to the OWNER by a licensed land surveyor at the CONTRACTOR’s expense. The CONTRACTOR shall engage the services of a registered land surveyor to tie the existing corner prior to construction, to punch the corner location on the new
monument following construction, and to file a Certified Corner Recordation form with the Gallatin
County Clerk and Recorder. Care shall be taken not to disturb the survey monument following installation.
1.03 PROJECT COORDINATION
A.Use of Premises.
The CONTRACTOR shall confine his operations to existing right-of-way and designated construction corridors at the site of the proposed work.
270
SUMMARY OF WORK Sec 013 - 3
B.Construction Staking:
The CONTRACTOR is responsible for any construction staking needed for the project.
C.Stored Materials
1.It shall be understood that the responsibility for protection and safekeeping of equipment
and materials on or near the site will be entirely that of the CONTRACTOR and that no
claim shall be made against the OWNER by reason of any act of an employee ortrespasser. No materials or equipment may be placed upon the property of the OWNERuntil the OWNER has agreed to the location contemplated by the CONTRACTOR to beused for storage.
a.Subject to the contract conditions, project funding will allow for payment forMaterials in Storage for the materials to be used in this project.
2.The CONTRACTOR shall be solely responsible for obtaining and shall pay all costs in
connection with any additional work area, storage sites, and access to the site, or temporary
right-of-way, which may be required for proper completion of the Work.
1.04 EXISTING FACILITIES
A.Protection of Existing Utilities
Existing underground installations such as water mains, gas mains, sewers, stormwater, telephone
lines, power lines, and buried structures in the vicinity of the work to be done hereunder are indicated on the drawings only to the extent such information has been made available to or discovered by the ENGINEER in preparing the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly
disclaimed.
CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the owners thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely
upon information shown on the drawings concerning existing underground installations. The
CONTRACTOR shall protect utilities during excavation and repair all damage to existing utilities or property to the satisfaction of the utility owner or property owner at his own expense.
If any existing underground utility or facility not shown on the drawings is located so that it interferes
with the work in either alignment or grade and has to be moved or otherwise modified, such work
shall be done by the CONTRACTOR, and adjustment in payment will be made according to the GENERAL CONDITIONS. Except as stated above, any delay, additional work or extra cost to the CONTRACTOR caused by existing underground installation shall not constitute a claim for extra work, additional payment, or damages.
Privately owned utilities, such as gas mains, underground electrical and telephone cables, telephone
271
SUMMARY OF WORK Sec 013 - 4
poles, light poles, etc., required to be moved to make way for new construction will be moved by
others unless designated otherwise on the plans.
However, the CONTRACTOR shall be responsible for contacting all utilities companies associated with this project to determine additional costs that may be associated with these utilities. These costs shall be incidental to the bid price.
Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and of existing utility lines, if interrupted, shall be restored as quickly as possible. Do not interrupt existing utility services without written permission from ENGINEER.
The CONTRACTOR shall coordinate with the utility companies for the protection or adjustment of existing utilities in the vicinity of the work and shall have utility company representatives present when necessary to support utility poles or buried utility lines while working adjacent to such utilities. The CONTRACTOR shall pay all costs associated with having utility company representatives on
the site for this work and shall include these costs in the price bid for related items of work. The
CONTRACTOR shall utilize the one call utility locate request number, as required for any excavation work in Montana (1-800-424-5555). Additional utility contact numbers include but may not be limited to the following:
1.The OWNER, ENGINEER and Northwestern Energy personnel must be notified
at least 48 hours in advance prior to exposing utilities owned by NorthwesternEnergy. Utilities are not to be backfilled until Northwestern Energy personnel havephysically inspected each crossing to ensure the utilities are not damaged prior tobackfilling. Revisions to these requirements shall be arranged with Northwestern
Energy, ENGINEER and OWNER.
a.Northwestern Energy Contacts for Coordination: Korey Gram (406-274-5920);Kory.Graham@northwestern.com2.City of Bozeman Stormwater: Russell Smith (406) 582-29373.City of Bozeman Water/Sewer: (406) 582-3200 (office)
4.CenturyLink: (855)742-6062
5.Qwest: (800) 283-4237
B.Protection of Existing Structures
Where construction will be required adjacent to existing structures, the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The
CONTRACTOR shall take whatever means necessary to ensure that the existing structure is not
damaged and, if necessary, shall install shoring or sheet piling or change the size or type of construction equipment. CONTRACTOR shall not use the existing features as anchors to fasten ropes,
chains, or guys without prior written approval. The CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences disturbed during construction shall be repaired
to the satisfaction of the OWNER. Any delay, additional work, or extra cost to the
CONTRACTOR caused by existing structures shall not constitute a claim for extra work, additional payment or damages. Unless otherwise noted on the Construction Drawings, all existing
272
SUMMARY OF WORK Sec 013 - 5
ditches disturbed by construction shall be restored to their original size, line, and grade.
C.Damage to Existing Property:
The CONTRACTOR will be held strictly responsible for all damages to persons or property that occur as a result of his fault or negligence. The CONTRACTOR shall promptly notify the ENGINEER and the property owner of any damage which is his responsibility. In order to adequately protect the OWNER against claims, demands, or liabilities arising out of the
CONTRACTOR's construction operations under this contract, the ENGINEER may withhold such
sums as he may deem appropriate from progress payments due the CONTRACTOR until the matter is settled. The OWNER may withhold final payment until the CONTRACTOR presents evidence which is satisfactory to the OWNER that all proper claims which are the responsibility of the CONTRACTOR have been settled. All damage to existing property shall be repaired to the
satisfaction of the ENGINEER, at no cost to the OWNER.
D.Field Check of Existing Structures
The dimensions and elevations of existing structures and locations of existing pipe lines, pipe sizes, utilities, conduits, cables, property lines, and equipment shown on the drawings were obtained from available records, and geographic information systems (GIS) and are not guaranteed for accuracy.
It shall be the responsibility of the CONTRACTOR to check all dimensions, sizes, and elevations of existing structures, pipelines, conduits, cables, equipment, or other existing items, both above and below ground, affected by or affecting the Work under this contract, prior to the start of construction or ordering materials and equipment affected thereby.
The CONTRACTOR's attention is directed to the Instructions to Bidders which requires that each bidder visit the site of the Work to familiarize himself with the arrangement and condition of existing construction that is to be connected to or that is to remain in place.
E.Fiber Optic Cables. Special attention shall be paid to crossings of any fiber optics cables
and where the carrier pipes have been capped with concrete. In some cases, the bottom portion of the piping may not be not supported by the concrete cap. CONTRACTOR shall take special precautions in supporting and excavating under these crossings.
1.05 WORK SEQUENCE/SCHEDULE:
A.General
1.Upon award of the project the Contractor will be allowed to collect fieldinformation necessary to order/procure the CIPP liner materials. A suspend work
order will be issued, at the request of the Contractor, to postpone the CIPPinstallation until materials can be onsite and suitable weather. The intent of thedelayed start is to circumvent storm events that may impact the CIPP construction
273
SUMMARY OF WORK Sec 013 - 6
process.
2.All work shall be completed by October 1st, 2023
3.The CONTRACTOR shall schedule the work to minimize inconvenience to theOWNER and to adjacent property owners to minimize interruptions to utility service.This shall include minimizing obstructions to local traffic. Close coordination will berequired between the CONTRACTOR, OWNER, ENGINEER, and utility service
companies, law enforcement, fire department and ambulance services.
4.The CONTRACTOR shall be responsible for coordination of public notification ofthe residences and businesses affected by the daily work activities. Notificationshall be provided at least 48-hours in advance of the work. Notification noticesshall provide the date and estimated time(s) and duration that stormwater service
will be interrupted, construction schedule, contact numbers of both theCONTRACTOR and OWNER and a brief description of the work to beperformed. Notices shall be approved by the OWNER prior to issuing. TheCONTRACTOR shall work closely with the OWNER in coordinating andscheduling work.
a.CONTRACTOR shall submit a proposed public notice for review and approval
prior to distribution. Distribution of the notices shall be completed by theContractor, coordinated with the OWNER and ENGINEER, and discussed eachweek at weekly field construction meetings to communicate the week’s scheduleof work and coordinate communication with impacted properties and the
respective services.
b.At a minimum, notices shall address street and alleyway closure and duration,presents of hazardous materials, and recommendations for business andresidential owners during construction.
5.The utility service companies such as power, gas, telephone, and communication shall
be contacted at least 48 hours in advance of when locating of services will be required.
6.The project schedule will include bidding, award and issuance of the Notice toProceed in accordance with the time requirements of the General Conditions. TheOwner will issue a Suspend Work Order to allow work to proceed under favorableweather conditions.
1.06 ENVIRONMENTAL CONTROLS
A.Keep project neat, orderly, and in a safe condition at all times. Provide on-site containers for collection of rubbish and dispose of it at frequent intervals during the progress of work. No
burning of debris will be permitted. No trash shall be disposed of in the trench or excavations.
274
SUMMARY OF WORK Sec 013 - 7
B.The CONTRACTOR shall sweep paved areas and water unpaved dry areas as deemed
necessary by the ENGINEER to control soil dust, specifically on detour routes.
C.CONTRACTOR shall protect all stormwater inlets and drainage swales to control soil erosion until vegetation is restored.
D.Volatile Wastes: Keep volatile wastes in covered containers.
E.CONTRACTOR shall dispose of all oil and petroleum products in an appropriate manner off-site. This requirement shall include any and all materials used for clean-up of such materials.
F.Tracking of Soil or Mud: Tracked soil or mud onto existing roads is to be cleaned by the CONTRACTOR to the satisfaction of the ENGINEER.
G.Night Work. Night work shall be allowed only with written approval of OWNER.
Emergency work may be done without prior permission.
H.Coordination with Subcontractors. All work shift times of the Prime Contractor and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day.
I.Working Hours and Noise Restriction. Contractor shall comply to City of Bozeman Municipal Code 16.06.00. To minimize construction noise impacts on the local residents, no construction activities will be allowed between the hours of 8:00 p.m. and 6:00 a.m., unless explicitly allowed by the OWNER in writing. Additionally, CIPP construction operations shall not
be completed during public events within the Downtown corridor. Construction schedule shall be
coordinated with the OWNER.
J.Adverse Weather Conditions. The CONTRACTOR is advised that should he request a prolonged adverse weather shutdown (i.e. winter shutdown) and should such a shutdown be
approved by the OWNER, all work on the project shall cease. CONTRACTOR shall be issued a
suspend work order when the work stops and a resume work order when the work commences. The time associated with this suspension of work will not be assessed against the contract time. The ENGINEER will not be available for work inspection during such shutdowns and any work completed by the CONTRACTOR during such a shutdown will not be accepted by the
ENGINEER.
In no case will an adverse weather shutdown be approved by the OWNER when construction work is only partially completed. Where the OWNER approves a shutdown, the CONTRACTOR shall restore all utility services to users in the construction area, and open up traffic access in the
construction area.
The CONTRACTOR shall provide periodic road maintenance during any shut down period. Materials for this maintenance shall be consistent with the conditions of the roadway. Paved streets shall be maintained with cold mix, and gravel streets shall be maintained with gravel, each of
275
SUMMARY OF WORK Sec 013 - 8
thicknesses satisfactory to carry the traffic without development of surface irregularities. Any costs
related to the road maintenance of the above will be the responsibility of the CONTRACTOR.
Should adverse weather require a shutdown of the work by the OWNER or the CONTRACTOR, CONTRACTOR shall be responsible for any and all costs associated with the shutdown including but not limited to restoration of all utility services, restoration of streets and alleys to provide access
during shutdown period, periodic road maintenance during shutdown period, demobilization,
remobilization, and lost overhead and profit to the CONTRACTOR and any subcontractors.
1.07 DISPOSAL OF RUBBISH:
Any stones, trees, brush, or other deleterious material left by construction operations shall be disposed
of legally at a permitted landfill, or private disposal facilities if arrangements are made by the CONTRACTOR and approved by the ENGINEER.
1.08 AIR AND WATER POLLUTION CONTROL:
A.Prevention Procedures: CONTRACTOR shall take all necessary reasonable measures to reduce air and water pollution by any material or equipment used during construction as well as pollution from the construction sites and equipment storage and service areas. Measures to be used include providing dust abatement measures for construction activity, disposal of material or
discharge waters in the downstream manhole is prohibited. CONTRACTOR shall set up a
containment barrier to capture the release of any inversion, cure, steam condensate, cool-down, or flushing water. All inversion, cure, cool down, flushing water and steam condensate shall be transferred and disposed of off-site at the Contractor’s expense or discharged to the City’s wastewater collection system as stated in Section 1.01.B.6.b. above.
Pollutant gas emissions inherent in the CIPP installation process shall be monitored by the CONTRACTOR. Contractor shall partition the area to prevent public access in areas where OSHA regulatory limits (in all directions) are met.
CONTRACTOR shall comply with all applicable water pollution control regulations that are in
effect at the time of the Bid Opening. Required measures include the City of Bozeman stormwater/construction permitting, filing of a Notice of Intent with the State Department of Environmental Quality, and the preparation and submittal to DEQ of a Pollution Prevention Plan, if required to comply with stormwater runoff regulations.
The cost of all Pollution Control is to be included in the price of the contract.
Disturbance of existing vegetation is to be minimized by construction activity. Reclamation of disturbed surfaces is to comply with specifications.
276
SUMMARY OF WORK Sec 013 - 9
B.Burning of Debris: No burning of debris will be permitted inside the City limits.
C.Volatile Material: CONTRACTOR shall not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach natural waters. Do not allow waste materials to be washed into the bed of a stream.
D.Excess Material: When excavations are made, CONTRACTOR shall immediately utilize
resultant loose earth by backfilling and compacting in place, or dispose of it off the site.
E.Stormwater: CONTRACTOR shall obtain construction site stormwater permit(s) from the City of Bozeman, if necessary. All construction activities shall utilize best management practice
for stormwater control and management.
1.09 FIRE PREVENTION AND PROTECTION:
A.Hazard Control: CONTRACTOR shall take all necessary precautions to prevent fire
during construction. Provide adequate ventilation during use of volatile or noxious substances.
B.Spark Arresters: CONTRACTOR shall equip all gasoline or diesel powered equipment used in potential fire locations with spark arresters.
C.Building Safety: Smoking within buildings or temporary storage sheds is prohibited. No
welding or cutting by torch shall be performed unless adequate fire protection is provided and maintained for the duration of the Work in the area of operations.
D.Protection Equipment Required: Provide and maintain suitable fire protection equipment.
Furnish a minimum of one UL Class 2A, 2-1/2 gallon water type, pressure extinguisher, and one
UL Class 10, Type I, 15 pound B:C carbon dioxide extinguisher.
1.10 SUBSURFACE CONDITIONS
The CONTRACTOR shall satisfy himself as to the groundwater and subsurface conditions at the site
of the work. The CONTRACTOR shall be aware that groundwater and soil moisture contents can fluctuate due to seasonal changes, weather, irrigation, and other variations in conditions. Groundwater inflow was not observed in the City of Bozeman’s 2018 (November) video inspection
of the stormwater trunk line.
The bidders shall make independent investigations as they believe are necessary to prepare their bid. The CONTRACTOR is responsible to determine construction methods and include these costs in the bid unit prices. Methods and procedures related to wet soils could include adjusting the moisture of
the material or removal of the wet material and replacement with another suitable material.
277
SUMMARY OF WORK Sec 013 - 10
1.11 TEMPORARY CONTROLS
A.General. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and owners that are satisfactory to said users and owners. Service of existing utility lines, if interrupted, shall be restored as quickly as possible. Service of domestic water, storm, and sewer lines shall not be interrupted for a period of more than 4-hours, unless otherwise approved
by the ENGINEER in writing. CONTRACTOR shall be solely responsible for notification of those individuals affected by being out of service and for temporary connections, if needed.
B.Groundwater/Dewatering. The Contractor is advised that groundwater may be present at the project site. The Contractor is responsible for providing dewatering equipment and methods
for this project. Groundwater shall be removed from open trench areas to satisfactorily prevent the rising of water into the new or any existing piping that may be exposed during the work. The Contractor shall be responsible for arrangements of permits and obtaining of sites for groundwater discharge (if necessary). This shall include all cleanup, restoration, etc., of any
discharge areas. The above-related work shall be part of the unit bid price for sewer service
replacement.
1.12 CONSTRUCTION AND TESTING WATER
A.Water. At the request of the CONTRACTOR, the City will supply construction water at no
charge required for pipe cleaning, CIPP installation/curing, compaction of embankments,
subgrade, and gravel courses, paving, cleanup, or any other construction related work associated with the project construction. The City’s construction water fill location is located at the City’s Vehicle Maintenance Facility, 1812 North Rouse Avenue. Access and use of the fill site shall be coordinated with the City.
1.13 CLOSE-OUT
A.Cleaning. The CONTRACTOR shall clean the streets to the same or cleaner condition than prior to the start of construction. The cost of cleaning shall be incidental to and included in
other items of the Work. The work zone shall be complete, clean, and street marking reapplied to
the satisfaction of the OWNER prior to acceptance of the work zone and prior to opening of the street to normal traffic flow. No washing of the streets shall be allowed to discharge into sanitary sewer or storm sewer.
B.Reconciling Change Order. A reconciling change order to show final in-place quantity
overruns and under runs will be prepared before final payment to the CONTRACTOR. The unit prices will remain unchanged. This reconciling change order will have to be prepared before authorization of final payment to the CONTRACTOR.
278
SUMMARY OF WORK Sec 013 - 11
1.14 RECORD DRAWINGS.
A. General The CONTRACTOR's superintendent or his designated representative shall maintain, at the project site, a "Record Set of Drawings" showing field changes, as-built elevations, unusual conditions and utilities encountered during construction, dimensions to exposed features both for depth below finished grade and horizontal distance from a permanent surface feature, manufacturer's catalog number of equipment supplied, and other data as required to provide the
OWNER with an accurate "as-constructed" set of Drawings. Record drawings shall be maintained in a neat and legible condition. Drawing set shall not be used for construction purposes and shall be available for review by the Resident Project Representative at the job site during normal working hours.
B. Markings: Use red erasable colored pencils to annotate record drawings.
C. Review for Progress Payments. Prior to approval of each successive Progress Payment, CONTRACTOR will be asked to update and present the record drawing set to the ENGINEER or
ENGINEER’s field representative prior to ENGINEER approving the pay request. An approval
by the ENGINEER shall not be given on the final payment request until complete record drawings are submitted to the ENGINEER. Final record drawings from the CONTRACTOR shall be submitted at least 7 days before the final progress payment to allow time to review the drawing for completeness. Failure to submit record drawings in a timely manner, as described, may delay approval of final progress payment.
PART 2 - PRODUCTS NONE
PART 3 - EXECUTION NONE
END OF SECTION 013
279
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 1
DIVISION 2 – SITE
WORK SECTION 014 – REHABILITATION BY ULTRAVIOLET LIGHT CURED-IN-
PLACE PIPE
PART 1 - GENERAL
1.01 WORK INCLUDED:
The work consists of furnishing all labor, equipment, materials, and incidentals required to
rehabilitate existing stormwater mains by the installation of ultraviolet light cured-in-place pipe
(CIPP) into the existing main. Work will include bypass pumping, pipe cleaning, closed circuit
television (CCTV) inspection of pipeline to be lined, installation of liner, reconnection of service
connections, final (CCTV) inspection, traffic control, public outreach, and all other related work.
All such work shall comply with these specifications and the specific product manufacturer’s
recommendations. Any conflict between the product manufacturer’s recommendations and any
portion of the contract documents shall be resolved with the Owner and Engineer prior to
proceeding with the work. The location and nominal size of stormwater main rehabilitation by
CIPP methods are shown on the project drawings.
1.02 RELATED WORK:
Section 02200 – Earthwork
1.03 REFERENCE STANDARDS:
ASTM D 543 Standard Test Methods for Resistance of Plastics to Chemical Reagents.
ASTM D 638 Standards Test Methods for Tensile Properties of Plastics.
ASTM D 790 Test Methods for Flexural Properties of Unreinforced and Reinforced
Plastics and Electrical Insulating Materials.
ASTM D 792 Standard Test Methods for Density and Specific Gravity of Plastics by
displacement.
ASTM F 1216 Rehabilitation of Existing Pipelines and Conduits by the Inversion and
Curing of a Resin-Impregnated Tube.
ASTM F 1743 Rehabilitation of Existing Pipelines and Conduits by Pulled-In-Place
Installation of Cured-In-Place Thermosetting Resin Pipe.
ASTM D 2122 Standard Test Method of Determining Dimensions of Thermoplastic Pipe
and Fittings
ASTM F 2019 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by
the Pulled in place installation of Glass Reinforced Plastic Cured-in-Place
Using the UV Light Curing Method.
ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and
Creep-Rupture of Plastics.
These standards are a part hereof by such reference and shall be the latest edition and revision
thereof. In the case of conflicting requirements between this specification and these referenced
documents, this specification shall govern.
280
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 2
1.04 PRODUCT QUALIFICATIONS
Products used in the work of this section shall be produced by manufacturers regularly engaged in
the manufacture of cured-in-place liners for municipal wastewater and stormwater systems and
with a history of successful production acceptable to the owner.
Products shall meet the following criteria: A minimum of 250,000 linear feet of successful
wastewater or stormwater collection system installations in the U.S. must be documented to the
satisfaction of the Owner and Engineer. Additionally, a minimum of five (5) successful
wastewater or stormwater collection system projects of a similar size and scope of work shall be
performed in the U.S. and documented to the satisfaction of the Owner and Engineer to assure
commercial viability.
1.05 INSTALLER QUALIFICATIONS
The installer shall have at least three (3) years active experience in the commercial installation of
the product bid. In addition, the installer must have successfully installed at least 50,000 feet of the
product bid in wastewater or stormwater collection systems. The Contractor shall submit a
complete list of installer qualifications and complete work history for the field superintendent who
will be on site for the duration of the project, and the service lateral cutter who will perform such
work for this project.
The installing Contractor shall be licensed by the cured-in-place lining system manufacturer and
shall have successful experience in the installation of cured-in-place lining systems in municipal
wastewater or stormwater systems. The Contractor shall also be familiar with the specified
requirements and the methods needed for proper performance of the work of this section.
A. Superintendent:
The entire pipe lining project shall be field supervised by a project superintendent with the
following lining installation and supervisory experience. This installation experience shall be
with the specific liner system and type proposed: three (3) successfully completed projects
within the past 1½ years amounting to at least 2,000 linear feet of 24” and larger pipe per
project; performed or supervised at least 50 successful internal lateral cuttings; and at least one
year bypass pumping supervisory field experience.
B. Lateral Cutter:
Internal reinstatement of laterals shall be performed by a qualified individual with the
following experience: performed at least 50 successful internal lateral cuttings within the past
year.
1.06 QUALITY ASSURANCE
A. The finished liner shall be continuous over the entire length of the liner insertion run
between the manholes and shall be free from visual defects such as foreign inclusions, dry
281
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 3
spots, pinholes, and delamination.
B. Wrinkles in the finished liner pipe which cause a backwater of one inch or more or reduce
the hydraulic capacity of the pipe are unacceptable and shall be removed or repaired by the
Contractor. If a void between the wrinkle and the pipe develops, the Contractor shall repair
or replace that section of the pipe. Methods of repair shall be proposed by the Contractor
and submitted to the owner for review.
C. Following pipeline cleaning and prior to installation of liner and finish work at the
manholes, the pipeline shall be televised and recorded in digital format acceptable to the
Engineer such as DVD or USB drive, and shall be provided to the Engineer. The
Contractor shall also televise the pipeline after completion of all liner insertion and finish
work at the manholes. All (CCTV) work is to be completed per a national standard for
pipeline inspections.
1.07 SUBMITTALS
Submittals shall be made by the Contractor in accordance with the procedures set forth in Section
1300 - Submittals, and as described below.
A. After notification of award, the Contractor shall provide the following information:
1.A comprehensive construction sequencing plan. At a minimum the plan shall include
the following (if applicable):
a.Proposed schedule.
b.Identification of all proposed access routes.
c.Identification of set-up locations for lining installation.
d.Lining procedures including UV light train.
e.Bypass pumping plan.
f.Dewatering plan.
g.Traffic control plan.
h.Pollution control plan
2.Letter identifying the crew members performing the lining.
3.Liner manufacturer’s certification that personnel involved in installation of the pipe
liner have successfully completed training in handling, jointing, insertion, trimming,
reinstatement of service connections, and finishing of pipe liner.
4.Calculations supporting recommended liner thicknesses. See 2.01.C of this
specification for additional requirements.
5.Certified test reports demonstrating that the exact resin/liner combination to be used
for this project meets the requirements for initial structural properties (performed in
accordance with ASTM F2019, ASTM F1216, ASTM D638, and ASTM D790 or
282
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 4
equivalent as approved) and chemical resistance (per ASTM F1216-Appendix X2).
The initial data between time “0” and “1,000” hours must be excluded. If the
architecture of the UV-CIPP is such that the physical properties vary depending on the
direction of testing (i.e., axial versus circumferential), submit test data on both
directions in accordance with the test methods listed above in this paragraph.
B. Prior to initiation of the liner work, the Contractor shall submit the following
information:
1.Shop drawings and product data for the rehabilitation method including a report
outlining the process to be used in the rehabilitation of the pipeline(s). The report shall
also include information specific to the job, such as coordination issues, access,
timing, manufacturer’s installation instructions and bypass pumping.
2.Infrared spectrum analysis for proposed resin and confirmation of the resins meeting
ASTM D 5813.
3.Installation plan with detailed description of the pipelining installation and curing
process including staging and insertion locations. Include materials and equipment
(e.g., UV light train) to be utilized and list of tasks associated with each installation.
The description must include the resin manufacturer’s curing cycle with temperatures
and pressure requirements measured continuously and recorded at intervals no less
frequently than every 5 minutes. The curing cycle must be specific to each liner
segment and address project design parameters and site conditions. If possible, include
a contingency curing cycle in the event temperatures fall over or under the liner
system manufacturer’s recommendations. Identify in the description the type of
temperature sensors that will be used, their proposed locations, and recording method
and/or equipment. Include in the overall installation plan the method and sequence of
lateral reinstatement, including the method for addressing lateral protrusion.
Include a control protocol according to Section 6.7 of ASTM F2019 for each
installation. The control protocol must include certification of approval by the liner
manufacturer, including the following minimum information:
a.Date and time
b.Length of liner
c.Location of installation
d.Curing speed
e.Light sources and wattage
f.Inner air pressure
g.Exothermic (curing) temperature
4.Certification from resin manufacturer regarding resin.
5.Certification from resin manufacturer regarding approval of resin dye quantity and
type.
283
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 5
6.Information on the maximum allowable tensile stress for the tube from the felt
manufacturer.
7.The Contractor shall furnish Material Safety Data Sheets for all appropriate materials
to be used in the project.
8.All measurements made by the Contractor to verify length and diameter of pipe prior
to ordering of material.
9.One complete set of DVDs/USB drive from each of the pre-installation television
inspections performed.
C. Results of field quality control monitoring, laboratory testing of field samples and video
inspections:
1.Curing logs showing temperature and pressure readings.
2.Results of field sample testing as specified in Section 3.04.
3.One complete set of DVDs/USB drive and log from each of the post-installation
television inspections performed as specified in Section 3.05.
1.08 DELIVERY, STORAGE AND HANDLING
A. Care shall be taken in shipping, handling and storage to avoid damaging the liner. Extra
care shall be taken during extreme heat or extreme cold weather construction. Any liner
damaged in shipment shall be replaced as directed by the Engineer.
B. Any liner showing a split or tear, or which has received a blow that may have caused
damage, even though damage may not be visible, shall be marked as rejected and
removed at once from the job site.
C. The liner shall be maintained at a proper temperature in refrigerated facilities to prevent
premature curing at all times prior to installation. Extra care shall also be taken in hot
weather construction. The liner shall be protected from UV light prior to installation. Any
liner showing evidence of premature curing will be rejected for use and will be removed
from the site immediately.
D. Any liner that has a shelf life over six months will be rejected. All liners shall have a
record with the date the material was manufactured.
1.09 WARRANTY
The Contractor shall provide the Owner with a warranty to be in force and effect for a period of
two (2) year from the date of final acceptance of the project by the Owner. The warranty shall
cause the Contractor to repair or replace the liner should failure or damage result from faulty
materials or installation. At the end of the warranty period, the Owner may perform a television
inspection to confirm the condition of the liner.
284
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 6
PART 2 - PRODUCTS
2.01 CURED-IN-PLACE PIPE (CIPP):
A. General
This specification provides for the rehabilitation of pipelines by the installation of Cured-in-
Place Pipe (CIPP) in accordance with ASTM F 2019 and as modified herein. The cured-in-
place pipe shall be a premium, corrosion resistant, styrene-free polyester, vinyl ester, and
photo-initiator catalyst system. Curing is accomplished in accordance with the specified curing
schedule supplied by the resin manufacturer or other method approved by the resin
manufacturer and the Engineer. Installation of the CIPP shall be performed by a Contractor
fully licensed by the lining process manufacturer.
B. Materials
1.Tube: Furnish tubing that consists of at least two (2) separate tubes of corrosion
resistant (E-CR or equivalent) glass fibers according to ASTM D578 and ASTM
F2019. The tube will be constructed to withstand installation forces and have
sufficient strength to bridge missing pipe. Fabricate the tube to a size that when
installed, conforms to the internal circumference and length of the host pipe. Verify
pipe diameters prior to ordering tubing Make allowance for circumferential or
longitudinal stretching during installation. Provide flexible tubing exhibiting the
following characteristics:
a.Homogeneous wall thickness.
b.Contains no intermediate or encapsulated elastomeric layers.
c.Contains no material that may cause delamination in the cured UV-CIPP liner.
d.Have an inner foil layer or calibration hose to contain resin and be removed
after completion of installation unless inner foil is a permanent part of the
system and fabricated as an integral part of the tube by bonding or fusing.
e.Sewn or bonded seams, as recommended by the tube manufacturer, stronger
than the non-seamed material.
The tube manufacturer shall provide to the Contractor the minimum pressure required to
hold the tube tight against the host pipe, and the maximum allowable pressure so as not
to damage the tube, and shall submit same to the Engineer at the preconstruction
conference.
Unless otherwise specified, the tube shall be fabricated to a size that when installed will
tightly fit the internal circumference of the original conduit to be lined. The Contractor
shall be responsible for ensuring that the material is the correct circumference and length
prior to ordering and installation.
Prior to insertion, the liner tube shall be free of all visible tears, holes, cuts, foreign
285
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 7
materials, and other defects.
2.Resin: Furnish styrene-free resin meeting the requirements of ASTM F2019. The
installed liner system will comply with the structural and chemical resistance
requirements as specified.
Provide thermosetting styrene-free polyester, vinyl ester, or photo-initiator catalyst
system compatible with the UV curing equipment and installation process, with the
ability to cure in the presence or absence of water, and with a curing initiation
temperature as recommended by the resin manufacturer. Resins created from recycled
materials are not allowed.
Furnish fully-impregnated liner directly from the manufacturer, including required
certification documentation according to ASTM F2019. No onsite or mobile
impregnation will be allowed. Resins shall be tinted for visibility and provide indication
of adequate liner wet-out.
The initiation temperature for cure shall be as recommended by the resin manufacturer
and approved by the Engineer. Upon request, the Contractor shall furnish satisfactory
written certification that the materials comply with the manufacturer’s standards and the
reference specifications
The liner shall be fabricated from materials which, when cured, will be chemically
resistant to withstand exposure to normal stormwater. Resin shall form no excessive
bubbling or wrinkling during lining.
The Contractor shall submit documentation from the resin manufacturer specifically
describing the chemical characteristics of the resin system, including allowable mixing,
impregnations, and handling time, transportation and storage time, and recommended
curing cycle, pressures and times.
If remedial measures are available to extend either of the maximum allowable times
indicated above, without affecting the physical properties of the resin, the resin
manufacturer should describe these measures and the time limits beyond which even
these measures will not prevent alteration of the physical properties of the resin.
3.Minimum Criteria: The minimum criteria given in the specifications shall not be
lowered to accommodate test values less than the required minimum.
C. Structural Requirements
The cured CIPP shall conform to the minimum physical properties, as listed below:
286
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 8
Table 1. CIPP Physical Properties
Characteristic Test Method Polyester Resins
Flexural Strength ASTM D 790 6,500 psi
Flexural Modulus of
Elasticity (Initial)
ASTM D 790 725,000 psi (min)
The newly installed pipe shall be designed for a minimum fifty-year continuous loading
condition.
The liner pipe shall be designed as a stand-alone pipe capable of sustaining live and dead
loads. The design of the pipe shall be based on the requirements of ASTM F2019, ASTM
F1216 Appendix X1, ASTM F1743, and meet the following conditions and parameters:
Condition Parameter
Service Life: Greater than 50 years
Pipe condition: Existing pipe fully deteriorated.
Bury depth to top of conduit:
As indicated on the drawings (deepest
invert between manholes, less nominal
pipe diameter).
External water pressure: At the pipe crown.
Soil density: 110 lbs/cubic foot.
Trench width: Nominal pipe diameter plus 2 feet.
Traffic load: HS-20 highway loading.
Maximum Deflection: 5%
Cured Resin Creep: 50%
Extra thickness for resin
migration: 7%.
Pipe Ovality: 2%
Modulus of Soil Reaction: 700 psi
Enhancement Factor: 7.0
Design Safety Factor: 2
Calculations to determine wall thickness requirements of the liner pipe shall be submitted to
the Engineer prior to construction. Design assumptions must be clearly stated. Design
submittals must be signed and stamped by a registered professional engineer.
D. CHEMICAL RESISTANCE
Chemical resistance shall be in accordance with the requirements of Section 8 of ASTM F
1216, Section X2, Chemical Resistance Tests for styrene-free polyester, or vinyl ester, and
completed in accordance with Test Method D 543. Exposure should be for a minimum of one
month at 73.4 degrees F when subjected to the following solutions:
287
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 9
Chemical Solution Concentration, %
Tap Water (ph 6-9) 100
Nitric Acid 5
Phosphorus Acid 10
Sulphuric Acid 10
Gasoline 100
Vegetable Oil 100
Detergent 0.1
Soap 0.1
The Contractor shall be responsible for all costs associated with the chemical resistance tests.
Proof of meeting these requirements shall be provided to the Engineer for approval at least 7
days prior to the commencement of work.
2.02 PIPE LINER END SEAL
A. The hydrophilic end seals completely seal the liner from any annular space leakage
between the liner and the host pipe. The use of caulking, rope or band type of an end seal will
not be allowed. Hydrophilic end seals must be one of the following:
1.Tubular hydrophilic sleeve, 3.5 inches in length. Product shall be Insignia End Seal by
LMK Technologies, or approved equal.
PART 3 - EXECUTION
3.01 PUBLIC NOTIFICATION
The Contractor shall make every effort to maintain service usage throughout the duration of the
project. Service lines shall not be disrupted for more than an 8-hour period. A public notification
program shall be implemented, and shall as a minimum, require, the Contractor to be responsible
for contacting each home or business connected to the pipeline and informing them of the work to
be conducted, and when the pipeline will be off-line. The Contractor shall also deliver a written
notice to each home or business the day prior to the beginning of work, and telephone number of
the Contractor they can call to discuss any problem which may arise. The Contractor shall
personally contact any home or business which cannot be reconnected within the time stated in the
written notice.
3.02 INSTALLATION PREPARATION:
288
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 10
A. Sequence of Work: The contractor shall perform the work in the following sequence.
1.Determine flows and bypass pumping required.
2.Clean the pipeline.
3.Divert pipeline flow (if necessary)
4.Pre-insertion internal CCTV inspection.
5.Removal of protruding taps, spot repairs and cleaning as necessary.
6.Install the liner.
7.Reinstate internal service connections.
8.Post Insertion internal CCTV inspection
B. Pre-Installation Inspection of pipelines: The inspection of pipelines shall be performed
by experienced personnel trained in locating breaks, obstacles, and service connections
using closed circuit television (CCTV) for non-man entry or manually for man entry. The
interior of each pipeline shall be carefully inspected before installation of CIPP to determine
the location of any conditions that may prevent proper installation of CIPP into pipeline. All
such conditions shall be documented and corrected before CIPP installation. Accurate in-
pipe documentation measures shall be utilized to record the distance or measurement for
each service line and obstruction. The manhole identification system used on the contract
drawings shall be utilized in all project documentation. The Contractor shall keep a suitable
log for reference and shall record all CCTV inspections on DVD/USB drive. The Contractor
shall provide the Owner with a copy of all inspection DVD/USB drives and logs.
C. Pre-insertion Cleaning: The Contractor shall be responsible for cleaning the existing
pipeline to be lined, removing debris, mineral deposits, and loose foreign material. Debris
shall be collected and removed downstream of the sections to be lined. The material cannot
be flushed into the next section of pipe. The Contractor shall take precautions to prevent
damage to the existing host pipe during the cleaning process. The Owner shall be present
during the cleaning operation. The Contractor shall remove any existing lateral taps which
protrude into the existing pipeline. Protruding taps discovered during the pre-installation
inspection shall be removed by the Contractor with prior approval of the Engineer and paid
under the same bid item, if applicable or per a price agreed to in advance of the work.
Contractor shall either allow the Owner and Engineer to view the CCTV inspection as it is
completed or provide the Owner and Engineer with copies of the cleaned pipe lines to be
lined for review to ensure that the pipelines have been adequately cleaned prior to CIPP
installation. If the cleaning is not acceptable to the Owner or Engineer, Contractor shall
reclean and re-TV the pipeline to the Owner/Engineer's satisfaction. The OWNER will allow
for the disposal of water and debris collected during the pre-insertion clean to be discharged
at the Stormwater Sedimentation Collection Facility.
D. Line Obstructions: If an obstruction in the existing pipe (such as, but not limited to
heavy solids, dropped joints, or collapsed pipe) that cannot be removed by conventional pipe
cleaning methods or prohibits CIPP of the server main, then a point repair or an obstruction
removal shall be made by the Contractor, with the prior approval of the Owner and
Engineer. Protruding taps may be robotically trimmed from within the pipeline or repaired
with a PVC wye and couplings or with a new watertight saddle connection. All point repairs
289
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 11
or obstruction removals requiring an external dig shall be considered a separate pay item.
E. Handling of Pipe: All pipe furnished by the Contractor shall be stored on clean, level
ground to prevent undue scratching or gouging of the pipe. The stacking of pipe during
storage should be done according to manufacturer's recommendations. The handling of the
pipe should be done in such a manner that it is not damaged by dragging over sharp objects
or by lifting equipment.
F. By-Passing Flow: The Contractor shall make arrangements for maintaining stormwater
service when a main is being lined including by-pass pumping as required. Under no
circumstances shall the dumping of stormwater on streets or private property be allowed.
No separate payment shall be made for by-passing pumping or other measures necessary to
maintain stormwater service. Bypass pumping shall consist of base flow bypass and
emergency storm event bypass operations, see Section 01010 Summary of work for
additional information. Contractor shall demonstrate preparations for emergency backup
equipment including pumps, pipe, and generating equipment. No stormwater mains shall be
blocked until such equipment is on-site.
The CONTRACTOR’s traffic control plan shall include provisions for both base flow and
emergency bypass pumping operations. Bypass system features shall not impede traffic or
access to homes/businesses. The Contractor shall utilize traffic rated pipe ramps on streets to
allow the traveling public to move through the affected corridors without impacting the
Contractor’s operations. Contractor is required to coordinate with local businesses, residents,
and the governing agency of the road being crossed to determine the required number,
location, and configuration of traffic ramps. Contractor shall also post the recommended
speed reduction for proper use and protection of any ramps and bypass line connections
installed.
G. Excavation: All excavation shall conform to the following specification. Reference is
made to Section 02221 entitled “Trench Excavation and Backfill for pipelines and
Appurtenant Structures.” Such excavation will include but not necessarily be limited to
building service reconnections, main line replace/repair, and excavation at the main through
which pipe liner is to be installed.
H. Service Locations: The Contractor shall be responsible for confirming the locations of all
branch service connections prior to installing and curing the CIPP. Contractor shall
coordinate with the Owner to only reconnect the active services.
3.03 INSTALLATION PROCEDURES - CURED-IN-PLACE PIPE (CIPP):
The method of installation shall be according to ASTM F2019 and compatible with the
manufacturer's recommended practices.
The Contractor shall, in his submittals, provide detailed information on the procedure and the steps
to be followed for the installation of the CIPP. All such instructions and procedures shall be
submitted at the preconstruction conference and shall be carefully followed.
290
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 12
A. Insertion: The Contractor shall transport and store tube in an appropriate manner until it
is inserted through an existing manhole by technique/process approved by the Engineer.
The transport and storage time shall comply with submittals received.
Do not modify the existing manhole structures unless authorized by the City. If due to
negligence an existing manhole (bench, barrel, chimney, grade rings, ring or cover) is
damaged, the contractor shall recommend a repair method acceptable to the City and repair
the manhole at no additional cost to the City. Do not put undue stress on existing structures
Apply constant winch tension to pull the liner into place to extend fully between the access
manhole and next designated manhole or termination point. Do not exceed Manufacturer’s
recommended pulling speed and tension. Should the overall elongation exceed the
Manufacturer’s recommendations, the liner will be rejected and replaced at no additional
cost.
Incrementally pressurize the liner to the recommended inner pressure. Apply sufficient
pressure head to hold the liner tight to the pipe wall. Maintain pressure to allow water
pockets to exfiltrate through the host pipe, overcome external hydrostatic pressure, and
prevent lifts in the liner. Do not allow workers in the manhole during pressurization of the
liner. Properly install and attach packers and clamping straps. When constant positive
pressure is specified, maintain internal pressure above the springline against the crown of
the pipe from insertion to final curing without any loss of pressure.
Individual insertion runs may be made over one or more manhole sections as determined in
the field by the Contractor and approved by the Engineer. The pressure required to hold the
flexible tube tight against the host pipe, per manufacturer's submittal, shall be maintained until
the cure has been completed. Should the pressure deviate more than 2.3 ft. of water (1 psi)
from the required minimum pressure at either end of the section, the installed tube shall be
removed from the host conduit at the Contractor’s expense. The Contractor shall provide the
Engineer with a continuous log of pressure during cure.
Segments of liner that have been resin impregnated and placed in the host conduit and then are
found to be too short shall be removed without curing and discarded at the Contractor’s
expense. Removal of the uncured, resin impregnated liner shall be accomplished in such a way
as to minimize the amount of resin allowed to escape. The Contractor shall be responsible for
cleanup of all escaped resin. The Contractor shall submit a plan for the process of removing
resin impregnated, uncured line from the host conduit, including protection of the host system
from escaping resin, to the Engineer prior to the first installation process.
B. Curing: Provide a UV light train that meets the following requirements:
1.minimum of one camera for UV-CCTV inspection of the liner,
2.size of the light train is appropriate for the pipe diameter,
3.UV bulbs are in proper proximity to the liner wall all around the pipe circumference,
4.sensors to record the cure progress,
5.logged hours of individual UV Lights incorporated in the light train is less than 80%
291
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 13
of the manufacturer’s stated usage rate
Maintain light train usage log on-site and submit to City’s Construction Manager upon
request.
Operate the ultraviolet curing lamps at a sufficient output and in a sufficient frequency range
to ensure curing of the resin.
Optimize the multi-lamp ultraviolet curing lights and resin photo-initiator system for curing of
the provided resin.
Assemble the UV light train according to the manufacturer’s recommendations for the sewer
pipe and liner diameter. Cure the liner according to the curing protocol, as approved. Maintain
light train speed per the manufacturer’s requirements, and to assure exothermic reaction has
completed. Do not pull the UV light train in a downhill direction during the curing process
unless otherwise approved. Approval will not be given where pipe slopes are greater than or
equal to 3.0%.
Collect curing data and UV-CCTV inspection records during the installation and curing
process. Submit copies to the City for review. Where the curing data and the curing protocol
differ, the City reserves the right to require additional “in pipe” sampling and testing at no
additional cost.
C. Sealing at Manholes: Form a tight seal between the CIPP and the manhole wall at the pipe
penetration. Do not leave any annular gaps. Seal the annular space with a hydrophilic end
seal. Seal any annular spaces greater than ½-inch with manhole wall repair material. Finish
off the seal with a non-shrink grout or cementitous liner material placed around the pipe
opening from inside the manhole in a band at least 3.5 inches wide. Sealing of pipes at
manholes shall be considered incidental to the liner installation and no separate payment shall
be made.
D. Finished Pipe: The finished CIPP shall be continuous over the entire length from
manhole to manhole and be free from visual defects such as foreign inclusions, dry spots,
lifts, delaminations, wrinkles, pinholes, and other deformities.
Liner that is found to be too small or too large in circumference when curing is completed
shall be considered a failed liner. Correction, removal, or repair of the failed liner shall be the
responsibility of the Contractor at no extra cost to the Owner. Indicators include, but are not
limited to, gaps between the liner and the host conduit, cracks in the line, and wrinkles/folds in
the liner. Acceptable method of correction, removal, or repair shall be at the sole discretion of
the Engineer and shall be approved in writing by the Engineer with prior field demonstration if
required by the Engineer.
E. Service Reinstatement: It shall be the Contractor’s responsibility to accurately field
locate all existing service connections, whether in service or not. The Contractor shall
reinstate all service connections unless directed otherwise in writing by the Owner or
292
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 14
Engineer. Service laterals shall be reinstated to not less than 95% and not more than 100%
of the size and configuration of the existing service. The Contractor shall be responsible for
restoring/correcting, without any delay, all missed or faulty reconnections, as well as for any
damage to property owners for not reconnecting the services.
It is the intent of these specifications that branch connections be reopened without excavation,
utilizing a remote controlled cutting device, monitored by CCTV. Initially, each lateral shall
be relieved by cutting a 2 to 3-inch hole to ensure that no services will be interrupted and there
will be no risk of backed up lines. Once this is accomplished, each lateral shall be fully
reopened to a minimum of 95% of its original size. The Contractor shall maintain on the
jobsite a minimum of two (2) complete working cutters plus key spare components. No
additional payment will be made for excavations for the purpose of reopening connections and
the Contractor will be responsible for all costs and liability associated with such excavation
and restoration work.
3.04 TESTING:
A. The Contractor shall collect representative sample coupons from the cured CIPP for testing
as described herein. Coupons shall be taken from the lesser of either 15% of the manholes
on the project or a representative sample for each liner diameter and thickness installed on
the project. The Contractor shall stamp or mark the test pieces with the date of manufacture
and manhole number. These samples shall be incidental to the price of liner installation.
B. For each sample location, the Contractor shall provide two (2) CIPP samples in accordance
with paragraphs 8.1 through 8.1.3 of ASTM F 1216.
C. The Contractor shall provide certified laboratory test results of the following:
1.The Contractor shall provide certified test results of the short-term properties of the
cured lining material in the quantity of one test per liner batch, or 3,000 feet of
installed liner, or as required by the Owner. The liner shall be in compliance with the
physical properties described in these Specifications. Flexural strength and modulus
shall be tested in accordance with the requirements of ASTM D 790. For pressure line,
tensile strength and modulus of elasticity shall be tested in accordance with the
requirements of ASTM D 638.
2.The wall thickness will be measured in accordance with the applicable sections of
ASTM Test Method D5813 and D3567.
3.05 FINAL ACCEPTANCE:
The inspection shall be done no later than one week after completion of the lining. Visual
inspection of the completed CIPP shall be in accordance with paragraph 8.7 of ASTM F 1216.
The Contractor shall keep a suitable log for the reference and shall record the final CCTV
inspections on DVD/USB drives and logs. The Contractor shall perform a close-circuit television
inspection after installation and service line reconnection has been completed. The Contractor shall
293
REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 15
notify the Engineer of the inspection schedule not less than 48 hours prior to conducting the
inspection, and shall permit the Engineer to view the inspections. The Contractor shall use a 360-
degree radial view camera for close up views showing completed work, including the condition of
restored taps. Unedited DVD/USB drives and a suitable log shall be provided to the Owner and
Engineer to be kept for review. The installation of the CIPP shall not be considered substantially
complete until the video inspection is received and reviewed by the Engineer. This work shall be
considered incidental to the CIPP installation for which no separate payment will be made.
Any defects which will affect the integrity or strength of the CIPP, in the opinion of the Owner or
Engineer, shall be repaired at Contractor expense in a manner satisfactory to the Owner and
Engineer. The finished product shall have no visual and material defects, no defects in smoothness
and continuity, except where anticipated by the precondition of the existing pipe. The finished
product shall be free of pinholes, folds and wrinkles.
3.06 CLEANUP:
After the installation has been completed and accepted, the Contractor shall clean up the entire
project area and return area affected by the operation to a condition at least equal to that existing
prior to the work. All excess material and debris shall be disposed of by the Contractor.
END OF SECTION 014
294
Section 014
QUOTE FORM
Page 1 of 4
QUOTE FORM
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
TO: Stormwater Division
P.O. Box 1230
Bozeman, MT 59771-1230
THE UNDERSIGNED CONTRACTOR, having familiarized themselves with the work required by the
Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws,
regulations, municipal ordinances and other factors which may affect the performance of the work,
and having satisfied themselves of the expense and difficulties attending performance of the work.
HEREBY PROPOSES AND AGREES, if this quote is accepted, to enter into an Agreement, in the form
attached, to perform all work for the construction of the 2022-23 Stormwater Improvements – S.
Tracy Ave. / Cleveland St., including the assumption of all obligations, duties, and responsibilities
necessary for the successful completion of the contract and the furnishing of all materials and
equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment,
supplies, transportation, facilities, labor, superintendence, and services required to perform the work;
bonds, insurance and submittals; all as indicated or specified in the Contract Documents to be
performed or furnished by the Contractor within the time and for the prices set forth in the following
schedules.
The undersigned Contractor agrees to be bound by this quote for a period not to exceed that specified
in the Invitation to Submit Quote.
The undersigned Contractor agrees to furnish the required bonds and to enter into a contract within
fifteen (15) calendar days after the City of Bozeman's acceptance of this quote and further agrees to
complete all work within the time specified per schedule after the commencement of the contract
time as defined in the General Conditions.
The allowed contract time is 25 calendar days.
Where multiple schedules are awarded under a single contract, the contract times shall run
concurrently unless separate notices to proceed are issued for the awarded schedules.
Liquidated Damages shall be as specified in the Agreement Form.
The undersigned Contractor agrees that the unit prices shall govern in checking the quote, and should
a discrepancy exist in the total prices and total amount of quote as listed above, after extensions are
checked and corrections made, if any, the total amount of the quote as corrected shall be used in
awarding the contract.
The undersigned Contractor agrees that they have been afforded access to the construction site and
has performed those independent site investigations as they deemed necessary.
295
296
297
298
CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________
PO Box 1230 ⋅ Bozeman, MT 59771-1230 (406) 582-2334
Pay To: Montana Department of Revenue Date Paid:
TOTAL $ ____________
VENDOR # ____________
DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT
TOTAL
CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED:
1. 2. _
DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________
I, the undersigned, do solemnly swear, that I am of________________________________________________ OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID#_______________Business License # ___________________
THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS
CLAIM WILL BE PROCESSED.
299
CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________
PO Box 1230 ⋅ Bozeman, MT 59771-1230 (406) 582-2334
Pay To: Date Paid:
TOTAL $ ________________
Address: VENDOR # ________________
DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT
TOTAL
CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _
DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________
I, the undersigned, do solemnly swear, that I am of _ Official Title Company or Corporation I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# Business License # ___ ________
THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS
CLAIM WILL BE PROCESSED.
300
APPENDIX A: Project Drawings
Page 1 of 1
Appendix A: Project Drawings
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.
The following documents shall be made a part of the Contract Documents:
2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.: Sheets G00, G01, and C01
301
GREAT FALLS
BILLINGS HARDIN
SIDNEY
GLENDIVE
LEWISTOWN
BOZEMAN
DILLON
BUTTE
HELENA
MISSOULA
KALISPELL
SHELBY
GLASGOW
MILES CITY
HAVRE
MONTANA
ANACONDA
406-586-8834
1283 N. 14th Ave. Suite 101
Bozeman, Montana 59715
WWW.DOWL.COM
PREPARED FOR:
PREPARED BY:PROJECT
LOCATION
CONSTRUCTION DRAWINGS FOR
CITY OF BOZEMAN
2022-23 STORMWATER IMPROVEMENTS
SOUTH TRACY AVE. / CLEVELAND ST.
SECTION 18; TOWNSHIP 02S, RANGE 06E
GALLATIN COUNTY, MONTANA
07/12/2022
G00
SHEET INDEX
SHEET NO.TITLE
Paul S. Yakawich, P.E. 16790
SR. WATER RESOURCES ENGINEER
DOWL
BID SET
CITY OF BOZEMAN
STORMWATER DIVISION
20 EAST OLIVE ST.
BOZEMAN, MT 59771
7/12/2022
302
SOUTH TRACY AVE.WEST CLEVELAND ST.
23.6' WIDE STORMWATER
EASEMENT PER SOPER
MINOR SUB PRELIMINARY
PLAT
20.0' STORMWATER
EASEMENT PER MISC.
22 PG 302SOUTH WILSON AVE.SOUTH BLACK AVE.SD SD
GENERAL NOTES
EXISTING ITEMS
G G
SD
W
COMMON ABBREVIATIONS
E
OE
S
GENERAL PROJECT LEGEND
PROPOSED ITEMS
OVERALL SITE MAP
G01 AND OVERALL SITE MAPGENERAL NOTES, LEGEND, ABBREVIATIONS,CITY OF BOZEMAN 2022-23 STORMWATER IMPROVEMENTS S.TRACY AVE. / CLEVELAND ST.406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID SET
07/12/2022
303
SOUTH TRACY AVE.WEST CLEVELAND ST.
C01 PLAN & PROFILE - STA. 0+00 TO 3+00CLEVELAND STREET STORMWATERCITY OF BOZEMAN 2022-23 STORMWATER IMPROVEMENTS S.TRACY AVE. / CLEVELAND ST.406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID SET
07/12/2022
1
C01
EX. VCP TO HDPE JOINT
NTS
304
305
306
Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
John Alston, Utilities Director
SUBJECT:Amendment to Professional Services Master Task Order Agreement with
DOWL, LLC to Extend an Existing Agreement by One Calendar Year, with a
New End Date of September 16th, 2023
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an Amendment to a Professional Services
Master Task Order Agreement (PSA) with DOWL, LLC to continue on-call
planning, engineering, and construction oversight services for a variety of
Stormwater Division infrastructure projects.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Staff requires our qualified consultant (DOWL) to continue to assist with the
planning, engineering, and construction oversight of a variety of
infrastructure projects scheduled in the Stormwater Division’s Capital
Improvement Plan (CIP). The CIP contains numerous ditch restorations, pipe
rehabilitations, and stormwater treatment unit installations, with the
majority requiring specialized services, tools, and capacity beyond what is
available internal to the City. Examples of required services include hydraulic
modeling, permitting, testing, surveying, engineering, and inspection.
This Amendment proposes to extend the contract for one (1) additional
calendar year, with a new end date of September 16th, 2023. Staff plans to
utilize DOWL, LLC on an on-call basis by creating task orders over an
additional year as projects gain approval and funding is available. Staff
prefers this approach to design because it eliminates the need to administer
a consultant selection process for individual projects, saving time and
resources.
An additional benefit of extending this agreement is continuity in completing
approved capital projects from the prior fiscal year that have been designed
but not completed.
UNRESOLVED ISSUES:None
307
ALTERNATIVES:As directed by the Commission.
FISCAL EFFECTS:The Stormwater utility’s approved CIP outlines $1,681,850 for projects from
FY20-FY24, the span of this contract plus the proposed extension. Existing
task orders on this PSA have $91,260 in budget remaining to finish ongoing
and delayed capital projects. FY23 and FY24 capital projects which do not yet
have task orders assigned account for $1,056,850.00 in the CIP. If required,
Staff will utilize a portion of an individual project’s budget on professional
services delivered under this agreement. Typically, professional services
represent 15-30% of a project’s overall budget; however, this percentage can
change depending on specific needs, complexities, and internal capacity at
the time of project initiation. Not all CIP projects require services from
DOWL, LLC.
Attachments:
A - Amendment to 2019 PSA.pdf
B - Professional Services Master Task Order Agreement.pdf
Report compiled on: August 9, 2022
308
1st AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 1st AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-
CALL PLANNING, ENGINEERING, AND CONSTRUCTION OVERSIGHT SERVICES
FOR A VARIETY OF STORMWATER DIVISION INFRASTRUCTURE PROJECTS
dated September 16th, 2019 (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 DOWL, LLC, 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 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on September 16th, 2023.
2.Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
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.
309
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.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
310
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA DOWL, LLC
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
311
312
313
314
315
316
317
318
319
320
321
322
323
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation & Engineering
SUBJECT:Authorize the City Manager to Sign, Subject to and Upon Completion of Legal
Review by the Office of the City Attorney, a Contract with the Montana
Department of Environmental Quality Delegating State Review Authority to
the City Pursuant to Section 75-6-121(1)(b) for Extensions or Alterations of
the City's Public Water and Sewer Systems that Involve Fifty (50) or Fewer
Connections
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign, subject to and upon completion of legal
review by the office of the City Attorney, a Contract with the Montana
Department of Environmental Quality delegating State review authority to
the City pursuant to Section 75-6-121(1)(b) for extensions or alterations of
the City's public water and sewer systems that involve fifty (50) or fewer
connections.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The public water supply laws of the State of Montana place a duty on the
Department of Environmental Quality to review public water and sewer
infrastructure plans and specifications to ensure conformance with the
State's adopted design standards and regulations. The City also performs
reviews under its own local authority and design standards for the same
infrastructure that DEQ reviews. Both the City approval and the DEQ
approval are required before construction may lawfully commence. In
recent years, DEQ's review workforce has been unable to keep pace with the
ever-increasing quantity of public water and sewer system reviews that it
must complete. DEQ reviews are subject to regulatory review timeframes
set forth in Administrative Rules of Montana. These timeframes are
frequently exceeded by DEQ reviewers causing delays in construction starts.
Sec. 75-6-121 Montana Code Annotated (MCA) provides authority for the
City to conduct reviews of extensions or alterations to the City's public water
and sewer systems that involve 50 or fewer connections if requested by the
City and approved by the Montana Department of Environmental Quality
(DEQ). The attached Contract operationalizes this authority by delegating
DEQ's review authority to the City for these extensions. Doing so
324
streamlines the infrastructure review process by eliminating multiple agency
reviews for the same infrastructure.
UNRESOLVED ISSUES:Prior to City Manager signature of the Contract, the office of the City
Attorney must review and approve the Contract as to form and contents.
Upon completion of legal review and concurrence from DEQ on any City-
requested revisions, if any, the Contract will be placed before the City
Manager for signature.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:DEQ requires an application review fee for its infrastructure reviews. In
consideration of the review services rendered by the City, DEQ will
reimburse the City on a quarterly basis 90% of the fees collected by DEQ for
applications reviewed by the City under the Contract.
Attachments:
CityEngineer_Template_MLCT_DEQ_Approved_FinalTemplate
(1).docx
Report compiled on: August 11, 2022
325
City/Town of ______________
DEQContractNo.:223###
Page 1 of 10
THIS CONTRACT is entered into between the State of Montana, Department of Environmental Quality,
(State), and City/Town/Town of [CITY/TOWN/TOWN NAME], (City/Town), collectively the Parties, for
the purpose of providing plan and specification review of extensions or alterations as authorized by
§75-6-121(1)(b), Montana Code Annotated (MCA) (2021) and implementing Administrative Rules of
Montana (ARM).
1.EFFECTIVE DATE, DURATION, AND RENEWAL
1.1.Contract Term. This Contract’s initial term is from the date of contract execution, with
effective date being the date of the latter of two signatures, through insert date, unless
terminated earlier as provided in this Contract. This Contract is not binding on the State unless
the State's authorized representative, the Agency Procurement Officer for the Department of
Environmental Quality, or their designee, has signed it.
1.2.Contract Renewal. The State may renew this Contract under its then-existing terms and
conditions, subject to potential adjustments to fees described in paragraph 1.3, in 1-year
intervals, or any other interval that is advantageous to the State. This Contract, including any
renewals, may not exceed a total of 7 years
1.3.Cost increases under this Contract will be as determined under approved changes in ARM
17.38.106 as defined in Section 5.
2.SCOPE
2.1.This Contract constitutes delegation of review for extensions or alterations of existing
public water and sewer systems, as those terms are defined by §75-6-102, MCA, that involve 50
or fewer connections, as provided by §75-6-121(1)(b), MCA. This Contract may not be construed
as a delegation of any other authority, including review of small systems under §75-6-121(1)(a),
MCA, or of subdivision review under §76-4-104(3), MCA, or ARM 17.36.116.
2.2.An approval by City/Town under Section 3.1.8 of this Contract may be used to satisfy the
requirements of §76-4-131, MCA. However, nothing in this Contract may be construed as
altering or obviating the subdivision review processes established under §76-4, MCA, and the
associated administrative rules in ARM 17.36, including §§76-4-125(1)(d) and -127, MCA.
2.3.Review of extensions or alterations to community systems under this Contract shall be
limited to those parts of public water supply systems addressed in Chapters 6 and 8 of Circular
DEQ-1, and those parts of public sewage systems addressed in Chapters 30 and 40 of DEQ-2.
2.4.ARM 17.38.101(17) states that a public water supply review that is part of a subdivision
has to be reviewed under the subdivision rules.Specifically, reviews for extensions or alterations
of existing public water and sewer systems under this Contract must be conducted in accordance
with §76-4-121, MCA. Construction of water and sewer facilities to a property is not allowed
unless a Certificate of Subdivision Approval (COSA) has been issued (§76-4-114, MCA), an MFE
has been filed (§76-4-127, MCA), or the subdivision qualifies for an exemption under§76-4-125,
MCA. This provision also applies to a flushing device that needs to be located out of the Right of
Way.
3.REQUIRED SERVICES
3.1.City/Town agrees to perform detailed plan and specification review of extensions and
alterations of community public water supply and sewage systems that involve 50 or fewer
connections (collectively referred to as “public systems”) for compliance with the public water
326
City/Town of ______________
DEQContractNo.:223###
Page 2 of 10
supply laws as follows:
3.1.1.Perform plan and specification review for public systems described in 2.1 above
within the City/Town limits, except for public systems that have been designed by
City/Town or its agents. All reviews performed under this Contract must comply with the
following laws: §75-6, MCA, ARM 17.38, and DEQ Circulars 1 and 2. Based on availability
and agreement between the applicant and City/Town, electronic processing of plan and
specification reviews is acceptable.
3.1.2.Ensure that the proposed public system(s) plans and specifications are submitted
directly to City/Town for review. Upon receipt of each submittal, City/Town will contact
DEQ to obtain the required tracking number.
3.1.3.Develop and implement procedures to record and track all plans and
specifications submitted to City/Town for review and approval.
3.1.4.Maintain records as required in paragraph (2) of Section 6.5 of the Contract.
Records may include, as applicable, a checklist of specific design standards applied to each
review, calculations, notes, correspondence, documentation of the rationale for decisions,
and any other relevant information.
3.1.5.Provide a written report to the applicant within timeframes established in ARM
17.38.101. The report shall contain the results of the review and itemize any deficiencies
in the submittal, including references to relevant sections of the design standards.
3.1.6.Provide the State with written waiver or deviation requests whenever the
applicant requests a deviation pursuant to ARM 17.38.101(4)(j). All waiver or deviation
requests must be approved by the State in writing, prior to City/Town approval, and must
be submitted in the State’s standard format, including supporting justification from the
applicant and a recommendation from the review engineer.
3.1.7.Provide the applicant with a written approval letter and a set of approved plans
and specifications when the proposed improvements comply with all applicable State
laws, rules, and design standards.
3.1.8.Ensure that approved plans and specifications are stamped as being approved
and signed and dated by the person issuing the approval.
3.1.9.Upon completion of the project, provide the State with a certification letter and
a complete set of certified “as-built” drawings as defined under ARM 17.38.101(14).
4.COMPETENCIES
4.1.The City/Town must ensure that all reviews are performed by a professional engineer (PE)
who has the following qualifications:
4.1.1.Is licensed in the State of Montana as defined by the Board of Professional
Engineers and Land Surveyors under §37-67-301, MCA;
4.1.2.Meets the education and experience requirements as described under §37-67-
323, MCA.
4.1.3.Is an employee of or contractor to the City/Town.
4.2.Has one year of relevant work experience in permitting, design, or review of engineering
plans and specifications with public water or wastewater systems. A professional engineer may
327
City/Town of ______________
DEQContractNo.:223###
Page 3 of 10
not conduct the review of any application where the engineer completed the engineering design,
or had any contribution to the design, for the owner.
5.CONSIDERATION/PAYMENT
5.1.In consideration of services rendered under this Contract, the State agrees to reimburse
City/Town, on a quarterly basis, 90% of the fees set out in the most current version of ARM
17.38.106 for applications reviewed by City/Town, and for site evaluations and related services.
The State will not reimburse City/Town for any component of a review not performed by
City/Town. The current fee schedule is included as Attachment A to the contract. Any future
change in the ARM-defined fee will be updated through a written modification to the Contract
mutually agreed upon by the Parties.
5.2.The State understands and acknowledges that the City/Town is responsible for all costs of
administering the Required Services under this Contract, including staff salaries and benefits,
transportation costs, and internal administrative expenses and that the fees agreed to in
paragraph 5.1 for completing the required services under this Contract will be used to partially
offset those costs.
5.3.City/Town shall submit a billing statement listing all reviews completed under this
Contract on a quarterly basis at the end of March, June, September, and December throughout
the term of this contract and any modifications.
5.4.Under 17-8-242, MCA, the State shall reimburse City/Town within 30 days after receipt of
each billing statement, contingent upon the following:
5.4.1.Payment for questioned costs may be withheld pending resolution and may
require rebilling by City/Town or submittal of additional documentation, including any
records required to be kept by City/Town;
5.4.2.The State may withhold payment if City/Town has not performed the work as
defined under the Contract. Such withholding cannot be greater than the additional costs
to the State caused by City/Town lack of performance.
6.ACCOUNTING, AUDIT AND RETENTION OF RECORDS
6.1.City/Town shall maintain books, records, documents, and other evidence directly
pertinent to performance of work under this Contract, and current accounting for all funds
received and expended pursuant to this Contract consistent with generally accepted accounting
principles (GAAP).
6.2.The State, the Legislative Auditor, the Legislative Fiscal Analyst, or their authorized
representatives, have the right of access to accounting records of City/Town for purposes of
inspections, audit, excerpts, or transcripts of funds received and expended by City/Town
pursuant to this Contract. City/Town shall maintain the records at the address of its liaison in
Section 16 and allow the entities in the preceding sentence to have access to them for review and
copying during normal business hours for as long as the City/Town retains the records under
paragraph 6.5. This Contract may be terminated by the State upon any refusal of City/Town to
allow access to such records.
6.3.City/Town shall disclose all information and reports resulting from access to the records
maintained in paragraph 6.1 to any of the agencies referred to in paragraph 6.2.
6.4.Audits conducted under this section must be consistent with generally accepted auditing
328
City/Town of ______________
DEQContractNo.:223###
Page 4 of 10
standards as established by the American Institute of Certified Public Accountants and with
established procedures and guidelines of the reviewing or auditing agency.
6.5.All books, records, reports, accounting, and other documents maintained by City/Town
under this Contract must be retained for a period of eight years after either the completion date
of this Contract, or the conclusion of any litigation, claim, audit, or exception relating to this
Contract taken by the State or a third party, whichever is later. City/Town may not destroy any
records without first offering the records to the State.
6.6.If an audit shows that City/Town has not complied with federal or State laws and rules
concerning the handling and expenditure of the funds received under this Contract, including any
grant-related income, City/Town must correct the areas of non - compliance within six months
after the State receives the audit report.
7.ASSIGNMENT, TRANSFER
The Parties agree there will be no assignment or transfer of this Agreement, or of any interest in this
Agreement.
8.HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE REQUIREMENTS
8.1.Each party shall be responsible and assume liability for its own wrongful or negligent acts
or omissions, or those of its officers, agents, or employees to the full extent required by law, and
shall indemnify and hold the other party harmless from any such liability.
8.2.City/Town shall ensure professional engineers are covered for professional liability to
cover errors and omissions related to their review of public water supply applications in the
amount of $1.5 million per occurrence to indemnify the State for City/Town’s wrongful or
negligent acts or omissions, or those of its officers, agents, or employees.
8.3.Each party shall provide the other party with a certificate of insurance upon request.
9.COMPLIANCE WITH WORKERS' COMPENSATION ACT
City/Town shall comply with the provisions of the Montana Workers' Compensation Act while
performing work for State of Montana consistent with Sections 39-71-401, 405, and 417, Montana
Code Annotated. Proof of compliance must be in the form of workers' compensation insurance, an
independent contractor's exemption, or documentation of corporate officer status. Neither City/Town
nor its employees are State employees. This insurance/exemption must be valid for the entire
Contract term and any renewal.
10.COMPLIANCE WITH LAWS
City/Town shall, in performance of work under this Contract, fully comply with all applicable federal,
State, or local laws, rules, regulations, and executive orders including but not limited to, the Montana
Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of
1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.
City/Town is the employer for the purpose of providing healthcare benefits and paying any applicable
penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.1. 111-148, 124 Stat.
119]. Under 49-3-207, MCA, and Executive Order No. 04-2016 City/Town agrees that the hiring of
persons to perform this Contract will be made on the basis of merit and qualifications and there will be
no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to
pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or
condition, genetic information, sexual orientation, gender identity or expression, national origin,
329
City/Town of ______________
DEQContractNo.:223###
Page 5 of 10
ancestry, age, disability, military service or veteran status, or marital status by the persons performing
this Contract.
11.RETIRED STATE EMPLOYEE REQUIRED EMPLOYER REPORTING
Under ARM 2.43.2114, State agencies are required to file employee reports with the Montana Public
Employee Retirement Administration (MPERA). The employee reports required under ARM 2.43.2114
include a working retiree report covering Montana's Public Employees' Retirement System (PERS)
retirees performing work in a PERS-covered position as an employee, an independent contractor, or
through an employee leasing arrangement, or a temporary service contractor. ARM 2.43.2114(6)(a)
requires the State to include the social security number of employees and workers in the employer
report. City/Town’s staff assigned to perform work under this Contract will be asked to provide a social
security number. The purpose of collecting the social security number of an individual hired as an
independent contractor or through a professional employer arrangement, an employee leasing
agreement, or a temporary service contractor is to determine whether the individual is a retiree.
Determining an individual's status as a retiree will determine whether the State must make employer
contributions into the public employee retirement system for retirees who return to work in a PERS-
covered position as required by Section 19-3-1113, MCA.
12.CONFLICT OF INTEREST
12.1.For the purposes of the Montana Code of Ethics, City/Town and each of its employees and
subcontractors, is a "public employee" for the purposes of this Section. As such, City/Town and
each of its employees and subcontractors is subject to the requirements of Title 2, Chapter 2,
MCA, regarding conflicts of interest, including but not limited to Sections 2-2-104, 105, 121,131
and 201, Montana Code Annotated.
12.2.If the State discovers that an employee of City/Town or subcontractor is in violation of this
Section, the State may, after consulting with City/Town, terminate this Contract or take other
appropriate measures to address the conflict and City/Town shall reimburse the State for any
services the State requires be performed by another Contractor that duplicate the services
performed by the employee who violated this Section.
13.DISCLOSURE
13.1.City/Town shall notify the State of any actual, apparent, or potential conflict of interest
with regard to any individual working on a work assignment or having access to information
regarding a subcontract. Notification of any conflict of interest shall include both organizational
conflicts of interest and personal conflicts of interest (which are defined as the same types of
relationships as organizational conflicts of interest, but applicable to an individual). In the event
that a personal conflict of interest exists, the individual who is affected shall be disqualified from
taking part in any way in the performance of the assigned work that created the conflict of
interest situation.
City/Town certifies that it has identified all current employees and proposed subcontractor's
employees that will perform work under this Contract and that have worked for the State in the
last two years prior to submitting the solicitation request which resulted in the award of this
Contract. City/Town further certifies that no former employee of the State of Montana or local
government may work under this Contract for a period of twelve months after voluntary
termination of public employment, if by working under the Contract, the employee will take
direct advantage, unavailable to others, of matters with which the employee was directly
involved during the employee's public employment. Pursuant to Section 2-2-201, MCA, a former
330
City/Town of ______________
DEQContractNo.:223###
Page 6 of 10
employee of the State or local government may not, within 6 months following the termination
of public employment, contract or be employed by an employer who contracts with the State of
Montana or any of its subdivisions involving matters with which the former public employee was
"directly involved", as defined in Section 2-2-201, MCA, during employment. City/Town further
certifies it shall identify any new employees hired during this Contract that will perform work
under this Contract and that have worked for the State of Montana in the last two years, prior to
the submission of the solicitation request, which resulted in the award of this Contract.
Disclosure in all cases shall include the name of the agency and the nature of work performed by
the employee.
14.CONTRACT TERMINATION
14.1.Termination for Cause with Notice to Cure Requirement. Either party may terminate this
Contract in whole or in part for failure of the other party to materially perform any of the
services, duties, terms, or conditions contained in this Contract after giving the other party a 60-
day written notice to cure and the demanded performance is not completed.
14.2.Termination for Convenience.Either Party may, by written notice to the other Party,
terminate this Contract without cause and without incurring liability in the event the services are
no longer required. Written notice must be provided 30-days before the effective date of
termination. The State shall ensure transfer of any outstanding fees to City/Town no later than 15
days after the effective date of termination. Should the State initiate termination, the City/Town
shall turn over any plans and specs to the State as of the date of termination, regardless of their
status.
Neither Party shall be liable to the other for any additional payments or damages arising from
termination under this section, including but not limited to general, special, or consequential
damages such as lost profits or revenues. Both Parties shall be responsible for ensuring that
owners are made aware that plans and specifications must be delivered directly to the State after
the effective date of termination.
14.3.Reduction of Funding. Under Section 18-4-313(4), MCA, the State must terminate this
Contract if funds are not appropriated or otherwise made available to support the State's
continuation of performance of this Contract in a subsequent fiscal period.If the State or federal
government funds are not appropriated or otherwise made available through the State budgeting
process to support continued performance of this Contract (whether at an initial contract
payment level or any contract increases to that initial level) in subsequent fiscal periods, the State
shall terminate this Contract as required by law. The State shall provide City/Town the date the
State's termination shall take effect. The State shall not be liable to City/Town for any payment
that would have been payable had the Contract not been terminated under this provision. State
shall be liable to City/Town only for the payment, or prorated portion of that payment, owed to
City/Town up to the date the State's termination takes effect. This is City/Town’s sole remedy.
The State shall not be liable to City/Town for any other payments or damages arising from
termination under this section, including but not limited to general, special, or consequential
damages such as lost profits or revenues.
14.4.Any termination of this Contract is subject to the exception that Section 4, relating to
retention of and access to records, remain in effect.
14.5.Event of Breach by City/Town. Any one or more of the following City/Town acts or
omissions constitute an event of material breach under this Contract:
331
City/Town of ______________
DEQContractNo.:223###
Page 7 of 10
14.5.1.products or services furnished fail to conform to any requirement,
14.5.2.failure to submit any report required by this Contract,
14.5.3.failure to perform any of the other terms and conditions of this Contract
including, but not limited to beginning work under this Contract without prior State
approval and breaching Section 17.1 Technical or contractual Problems obligations; or
14.5.4.financial inability to perform its obligations under this Contract.
14.6.Event of Breach by State. The State's failure to perform any material terms or conditions
of this Contract constitutes an event of breach.
14.7.Actions in Event of Breach. Upon a material breach by either party, the non-breaching
party must provide a notice to cure as described in section 12.1 and, if not cured within 60 days
may;
14.7.1.terminate this Contract as stated in section 12, and pursue any of its remedies
under this Contract, at law or in equity; or
14.7.2.treat this Contract as materially breached and, except as the remedy is limited in
this Contract, pursue any of its remedies under this Contract, at law or in equity.
15.FORCE MAJEURE
Neither party is responsible for failure to fulfill its obligations due to causes beyond its reasonable
control, including without limitation, acts or omissions of government or military authority, acts of
God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist
acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming
party, so long as such party uses its best efforts to remedy such failure or delays.
A party affected by a force majeure condition shall provide written notice to the other party within a
reasonable time of the onset of the condition. In no event, however, shall the notice be provided later
than 5 working days after the onset. If the notice is not provided within the 5-day period, then a party
may not claim a force majeure event. A force majeure condition suspends a party's obligations under
this Contract, unless the parties mutually agree that the obligation is excused because of the condition.
16.WAIVER OF BREACH
Either Party's failure to enforce any contract provisions after any event of breach is not a waiver of its
right to enforce the provisions and exercise any appropriate remedies for any future breach. Neither
party may assert the defense of waiver in these situations.
17.CONFORMANCE WITH CONTRACT
No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the
Contract shall be granted without the State’s prior written consent. In DEQ’s discretion, products or
services provided that do not conform to the Contract terms, conditions, and specifications may be
rejected and returned at City/Town’s expense.
18.LIAISON AND SERVICE OF NOTICES
18.1.Contract Liaisons. All project management and coordination on behalf of the State shall
be through a single point of contact designated as the State's liaison. City/Town shall designate a
liaison that will provide the single point of contact for management and coordination of
City/Town’s work. All work performed pursuant to this Contract shall be coordinated between
332
City/Town of ______________
DEQContractNo.:223###
Page 8 of 10
the State's liaison and the City/Town’s liaison.
The PWS Section Supervisor will be the liaison for the State
Water Quality Division
PO Box 200901
Helena MT 59620-0901
Telephone: 406-755-8956
E-mail:DEQ-EOC@mt.gov
Name will be the liaisons for the City/Town
City/Town Name
Address
Telephone
Email: __________
18.2.Notifications. The State and City/Town liaisons may be changed by written notice to the
other party. Any notices, requests, or complaints must first be directed to the liaisons of record in
writing. Written notifications may be sent by via certified/return receipt mail or email. All
notifications will be effective upon receipt; either by the date the certified mail is signed for or
the received date of the email.
19.MEETINGS
19.1.Technical or Contractual Problems. City/Town shall meet with the State's liaison, or other
personnel to resolve technical or contractual problems occurring during the Contract term or to
discuss the progress made by City/Town and the State in the performance of their respective
obligations, at no additional cost to the State. The State may request the meetings as problems
arise; such meetings will be coordinated by the State. For general status updates, the State shall
make every attempt to provide City/Town a minimum of three full working-day’s-notice of
meeting date, time, location, and means (teleconference or virtual meeting). Meetings to discuss
urgent matters will be arranged on an as-needed basis. In DEQ’s discretion, City/Town’s
consistent failure to participate in problem resolution meetings, City/Town’s missing or
rescheduling two consecutive meetings, or City/Town’s failure to make a good faith effort to
resolve problems may result in termination of the Contract.
20.TRANSITION ASSISTANCE
If this Contract is not renewed at the end of the original term, if the Contract is otherwise terminated
before project completion, or if particular work on a project is terminated for any reason, City/Town
must provide transition assistance for a reasonable, mutually agreed period of time after the expiration
or termination of this Contract or particular work under this Contract. The purpose of this assistance is
to allow for the expired or terminated portion of the services to continue without interruption or
adverse effect, and to facilitate the orderly transfer of such services to the State or its designees. The
parties agree that such transition assistance is governed by the terms and conditions of this Contract,
except for those terms or conditions that do not reasonably apply to such transition assistance. The
State shall pay City/Town for any resources utilized in performing such transition assistance at the
most current contract rates. If there are no established Contract rates, then the rate must be mutually
agreed upon. If the State terminates a project, or this Contract for cause, then the State may offset the
cost of paying City/Town for the additional resources City/Town utilized in providing transition
assistance with any damages the State may have sustained as a result of City/Town’s breach.
21.CHOICE OF LAW AND VENUE
333
City/Town of ______________
DEQContractNo.:223###
Page 9 of 10
Under Section 18-1-401, MCA, Montana law governs this Contract. If there is a dispute under this
Contract, the Parties will meet and attempt to resolve the dispute. If the dispute cannot be settled
through negotiation, the parties agree that before resorting to litigation, they will attempt to settle the
dispute by nonbinding mediation through a mutually agreed upon neutral mediator.
For any litigation regarding this Contract, both parties waive objection to personal jurisdiction. Venue
will only be in the First Judicial District in and for the County of Lewis and Clark, State of Montana.
Each party must pay its own costs and attorney fees.
22.SCOPE, ENTIRE AMENDMENT, AND INTERPRETATION
22.1.Contract. This Contract consists of 9 numbered pages and Attachment A.
22.2.Entire Contract. These documents are the entire agreement of the parties. They
supersede all prior agreements, representations, and understandings. Any amendment or
modification must be in writing, signed by the parties.
23.WAIVER
The waiver or failure to enforce any provision of this contract will not operate as a waiver of any future
breach of that provision or any other provision.
24.EXECUTION
The parties through their authorized agents have executed this Contract on the dates set out below.
CITY/TOWN
BY:
DATE NAME, Title
Address
DEPARTMENT OF ENVIRONMENTAL QUALITY
BY:
DATE VICKI J. WOODROW, Contracts Officer
Fiscal Services
Metcalf Building, Room 213
PO Box 200901
Helena, MT 59620-0901
Approved as to Legal Content:
BY:
334
City/Town of ______________
DEQContractNo.:223###
Page 10 of 10
DATE DEQ Attorney
335
Memorandum
REPORT TO:City Commission
FROM:Jill Miller, WTP Superintendent
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign the Agreement for the Numatics Upgrade
for the City of Bozeman with Pall Water
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Agreement for the Numatics Upgrade
for the City of Bozeman with Pall Water.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In March 2014 the city of Bozeman began treating water with the 22 MGD
membrane filtration plant with a membrane system provided by Pall Water.
The G2 version numatic solenoids installed on all membrane related
equipment have been in service since that date. The G2 version of the
solenoids have been obsolete for 3 years. This agreement is to upgrade the
numatic solenoids to the new G3 version, have them shipped fully
assembled, complete the physical change out of the numatics hardware,
complete necessary wiring changes, install updated programming, and test
the new numatics and make needed adjustments. This also includes having a
software engineer remotely change any programming necessary for the new
solenoids. The work will take up to seven working days. The work is to be
completed in winter to better facilitate complete shut down of feed water to
the membranes and membrane racks.
UNRESOLVED ISSUES:none
ALTERNATIVES:Forgo the upgrade and risk failure without enough replacements to maintain
production.
FISCAL EFFECTS:the G3 upgrade is budgeted for in the WTP Capital budget for $110,000.
Finance has approved going over budget by $25,789.94 due to healthy
reserves.
Attachments:
Numatics Upgrade City of Bozeman - (FINAL 8.12.22).pdf
336
Report compiled on: August 16, 2022
337
Pall Water
Pall Technology Services
1 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
839 State Route 13
Cortland New York 13045-5630
Tel: 866.475.0115 ▲ FAX: 607.758..4526
Email: pall_technology_csc@pall.com
Attn: Jill Miller
EMail: jmiller@BOZEMAN.NET
Re: BUDGETARY Numatics Upgrade For The City of Bozeman
Pall Proposal No.: OPP1574337rev1
Date: June13, 2022
As a follow up to your discussion with Pall, we are pleased to offer a proposal for technical services. We will
arrange onsite support pending receipt of your purchase order, at which time site visit details will be confirmed.
Scope of Services
Pall Water will provide, configure and install an upgraded G3 Numatics solenoid manifold for each of four
Valve Racks, Feed System, Main CIP and CIP circulation skid at the Bozeman City WTP.
1) Valve Rack Manifold - 21 Valve Numatics Bank, G3, qty 6
2) Feed System Manifold - 8 Valve Numatics Bank, G3, qty 1
3) CIP Main Manifold - 11 Valve Numatics Bank, G3, qty 1
4) CIP Circ. Manifold - 8 Valve Numatics Bank, G3, qty 1
The new manifolds will be shipped completely assembled. Once the materials are received and engineering is
complete, Pall will work with the customer to schedule a Field Service Engineer (FSE) to the customer's site to
- complete the physical change-out of the Numatics hardware
- complete necessary wiring changes for power connections to the new Numatics hardware,
- install the updated programming,
- test the new installation and make any needed adjustments.
Work will be considered complete when the FSE demonstrates that the new manifolds are working as intended.
Pall expects the FSE will require up to seven (7) full working days to complete this work. Withing two weeks of
completion, Pall will send updated electrical drawings to the customer for their records and use.
Programming changes will be done remotely via TeamViewer connection. This eliminates the expense of
sending a software engineer to the customer's site. Pall Water will coordinate the timing of this work with the
customer to minimize any potential disruptions to production.
Freight charges are not included.
Disclaimer: This proposal is based on information and conditions known at the time of quotation. Pall Water
reserves the right to revise this proposal through change order(s) should conditions vary significantly from those
known at the time of quotation and require additional work or materials.
PROPOSAL SUMMARY
G2 to G3 Numatics Upgrade $135,789.94
Total amount for purchase order: $135,789.94
338
Pall Water
Pall Technology Services
2 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
Service Reports: If service reports are required by your site to comply with your company or state regulations,
please indicate on your order that service report documents are required. Service reports detailing the visit
and recommendations will then be provided.
Materials: This proposal covers parts and services.
Validity: This proposal is valid for 30 days.
Terms of Sale: Standard Terms and Conditions of Sale Non-Systems – The Americas
Terms of Service:
▪ Regular minimum service charge is for a 10-hour day. Maximum workday is 12
hours including travel time.
Service Order acceptance and payment terms: Pall Advanced Separations Systems requires all accounts
outstanding beyond 30 days to be paid in full prior to order acceptance. Your account status will be verified at
the time of order placement, and you will be notified if you have a balance due. To avoid order processing, goods
shipment or service scheduling delays, please insure your account is up to date in advance of placing your order.
Charges per the proposal will be billed automatically upon completion of the service, and sign-off of the service
report, and become payable within 30 business days of receipt of the invoice.
Changes: Pall shall not implement any changes in the scope of services described in Pall’s proposal unless the
Customer and Pall agree to the details of the change. Any resulting price, schedule or other contractual
modifications, will require a verbal change called into Pall’s Customer Service Department, with a follow up
written confirmation. This includes any changes necessitated by a change in applicable law.
A Purchase Order or written authorization to accept the contract of work as described, along with a signed copy
of the attached Customer authorization for service is required in advance of PASS providing the service defined
in this proposal.
Please direct your purchase order to:
Pall Water
Pall System Services
P.O. Box 5630
839 State Route 13
Cortland, New York 13045-5630
Tel: 866-475-0115 / Fax: 607.758.4526
Email: Pall_Technology_csc@pall.com
Attn: Customer Service
Pall Systems Support
To obtain support for your Pall systems installation, our Customers can contact Pall via our toll free number
at 866-475-0115 or by email to pall_technology_csc@pall.com. Through this channel, you gain access to
warranty assistance, technical support as well as our service and spares team.
Pall Customers have access to this 24/7 Service Hotline. Pall System Engineers are on full-time rotation to
provide around-the-clock availability of live technical support. This service is charged at $250 for support
time for the first 30 minutes, during normal workday hours between 9:00-AM and 4:00-PM EST, excluding
weekends and holidays.
If your system is out of warranty or does not have a 24/7 service support contract, there will be a charge
when technical support is to be provided for intervals longer than 30 minutes, or after-hours technical support
to resolve the issue. Extensive off-site support will require a purchase order or credit card. Billing is based
on a minimum 1-hour charge at Pall’s off-site hourly service rate. You will be asked to provide
339
Pall Water
Pall Technology Services
3 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
your credit card number or service contract purchase order number that will be billed at Pall’s Off-Site
Service Rates, with a minimum 1-hour charge. If the problem cannot be resolved over the telephone, the
Customer can request a Pall System Service Representative to visit the site location. You will be quoted an
Emergency Service Rate and billed for last-minute travel expenses.
Please feel free to call me at your convenience with any questions or comments. We look forward to providing
you with field services to assist you with system operation, and await your purchase order.
Sincerely,
Alexander Braman
Regional Sales Manager
Phone: 720-202-6536
E-mail: alexander_braman@pall.com
340
Pall Water
Pall Technology Services
4 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
Pall Proposal No.: OPP1574337rev1
Date: June 13 , 2022
Pall Proposal No.:
Effective Date and Duration: This Agreement will be effective as of the date signed below, and will remain in
effect:
• until on site service work has been completed by Pall,
• or until 30 days after receipt of notice of termination by either party.
Customer Billing Address:
Customer Comments:
Purchase Order No. or Reference for Billing:
Circle Service Visit Frequency: Annual Semi-Annual Quarterly Single Emergency
Requested Date(s) to Schedule Service Visit(s):
(unless deemed emergency service, please allow a 4-week window to accommodate scheduling by Pall.)
Date Signature
Title/Position Print Name
Company:
I am an authorized representative of the customer, and I accept the Terms and Conditions of this Service
Agreement on behalf of the customer. I authorize Pall Corporation to perform the work defined in this
agreement, and accept the costs and charges defined in this agreement.
Customer Authorization for Service
City of Bozeman
January to April
WTPJMM08152022
Jeff Mihelich City Manager
OPP1574337rev1
City of Bozeman WTP
7024 Sourdough Canyon Rd
Bozeman, MT 59715
Jill Miller is onsite contact
341
Pall Water
Pall Technology Services
5 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
Terms and Conditions of Sale Non-
Systems – The Americas
Pall Water
1. Applicability: Entire Agreement:
1.1. These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the
goods identified on Buyer's purchase order (the "Goods") by Seller to Buyer. By placing a purchase
order, Buyer makes an offer to purchase the Goods pursuant to these Terms, including (a) a list of the
Goods to be purchased; (b) the quantity of each of the Goods ordered; (c) the requested delivery date;
(d) the unit Price for each of the Goods to be purchased; (e) the billing address; and (f) the delivery
location (the “Basic Purchase Order Terms”), and on no other terms.
1.2. The accompanying quotation, proposal, confirmation of sale, invoice, order acknowledgment or
similar document delivered by Seller to Buyer (the "Sales Confirmation"), the Basic Purchase Order
Terms and these Terms (collectively, this "Agreement") comprise the entire agreement between the
parties, and supersede all prior or contemporaneous understandings, agreements, negotiations,
representations and warranties, and communications, both written and oral. These Terms prevail over
any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has
submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance
of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
1.3. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in
existence covering the sale of the Goods covered hereby, the terms and conditions of said
contract shall prevail to the extent they are inconsistent with these Terms.
2. Non-delivery:
2.1 The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's Shipment
Point (as defined in Section 4) is conclusive evidence of the quantity received by Buyer on delivery
unless Buyer can provide conclusive evidence proving the contrary.
2.2 Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless
Buyer gives written notice to Seller of the non-delivery within 30 days of the date when the
Goods would in the ordinary course of events have been received.
2.3 Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a
reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity
delivered.
3. Delivery:
3.1 The Goods will be delivered within a reasonable time after the receipt of Buyer's purchase order,
subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate
possible based on conditions existing at the time of Seller's Sales Confirmation or Seller's quotation
and receipt of all specifications, as applicable, and in the case of non-standard items, any such date
is subject to Seller's receipt of complete information necessary for design and manufacture. Seller
shall not be liable for any delays, loss or damage in transit or for any other direct, indirect, or
consequential damages due to delays, including without limitation, loss of use.
342
Pall Water
Pall Technology Services
6 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
3.2 Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Goods to
Buyer and ship the Goods as they become available, in advance of the quoted delivery date. If
the Goods are delivered in installments, then insofar as each shipment is subject to the same
Agreement, the Agreement will be treated as a single contract and not severable.
3.3 Seller shall make the Goods available to Buyer at Seller's factory or designated shipment point
(each, “Seller’s Shipment Point") using Seller's standard methods for packaging and shipping such
Goods. Buyer shall take delivery of the Goods within 5 days of Seller's written notice that the
Goods have been delivered to the Seller’s Shipment Point.
3.4 If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to
Seller's notice that the Goods have been delivered at the Seller’s Shipment Point, or if Seller is
unable to deliver the Goods at the Seller’s Shipment Point on such date because Buyer has not
provided appropriate instructions, documents, licenses or authorizations: (i) title and risk of loss to
the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii)
Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable
for all related costs and expenses (including, without limitation, storage and insurance).
4. Shipping Terms: Unless otherwise mutually agreed to in writing by the parties, delivery shall be FCA
(Seller’s Shipment Point) INCOTERMS 2010. At Buyer’s request, Seller will, at Buyer's risk and
expense, arrange for the delivery of the Goods to Buyer's site/facility and Buyer will pay, or reimburse
Seller, for all freight charges, taxes, duties, entry fees, brokers’ fees, special, miscellaneous and all other
ancillary charges and special packaging charges incurred.
5. Title and Risk of Loss: Title and risk of loss passes to Buyer upon the earlier of (i) delivery of the
Goods at the Seller’s Shipment Point or (ii) deemed delivery pursuant to clause 3.4 above. As collateral
security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and
security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever
located, and whether now existing or hereafter arising or acquired from time to time, and in all
accessions thereto and replacements or modifications thereof, as well as all proceeds (including
insurance proceeds) of the foregoing.
6. Inspection and Rejection of Nonconforming Goods:
6.1 Buyer shall inspect the Goods within 10 days of receipt (the "Inspection Period"). Buyer will be
deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods
during the Inspection Period and furnishes such written evidence or other documentation as
required by Seller. Such notification shall identify each and every alleged nonconformity of the
Goods and describe that portion of the shipment being rejected. Seller shall then respond with
instructions as to the disposition of the Goods.
6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion, (i)
replace such nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such
nonconforming Goods, together with any reasonable shipping and handling expenses incurred by
Buyer in connection therewith including the return of any nonconforming Goods to Seller. Buyer
shall ship the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to
replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming
Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Seller’s
Shipment Point.
6.3 Buyer acknowledges and agrees that the remedies set forth in Section 6.2 are Buyer's exclusive
remedies for the delivery of Nonconforming Goods. Except as provided under Section 6.2, all
sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods
purchased under this Agreement to Seller.
343
Pall Water
Pall Technology Services
7 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
6.4 If Seller delivers to Buyer a quantity of Goods of up to 5% more or less than the quantity set forth in
the Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion
of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in
the Sales Confirmation adjusted pro rata.
7. Services: Seller will provide such services as are expressly described in the Sales Confirmation
(collectively, the “Services”), during normal business hours, unless otherwise specified in the Sales
Confirmation. Services requested or required by Buyer outside of these hours or in addition to the
quoted or agreed upon services will be charged at Seller’s then current schedule of rates, including
overtime charges, if applicable, and will be in addition to the charges outlined in the Sales Confirmation.
8. Purchase Price: The price for the Goods and/or Services thereof shall be Seller’s quoted price. Seller
may also at any time assess a fuel or energy surcharge (in addition to the price of the Goods) (the
“Purchase Price”). The Purchase Price is based on the project schedule defined in this Agreement,
Sales Confirmation or applicable contract documents. Notwithstanding anything to the contrary set out
herein, in the event of any delay to Seller’s delivery schedule caused by Buyer or its representatives
(other than for Force Majeure or delays caused by Seller), including without limitation, a suspension of
work or the project, a postponement of the delivery date or failure to timely issue of a notice of
commencement or similar document, then the Purchase Price shall increase by 1% for every month or
partial month of such delay and this Agreement shall be construed as if the increased Purchase Price
were originally inserted herein, and Buyer shall be billed by Seller on the basis of such increased
Purchase Price.
9. Taxes: The Purchase Price is exclusive of any applicable federal, state or local sales, use, excise or
other similar taxes, including, without limitation, value added tax, goods and services tax or other similar
tax imposed by any governmental authority on any amounts payable by Buyer. All such taxes will be for
Buyer's account and will be paid by Buyer to Seller upon submission of Seller's invoices. Buyer agrees
to make tax accruals and payments to the tax authorities as appropriate. If Buyer is exempt from any
applicable sales tax or equivalent, but fails to notify Seller of such exemption or fails to furnish its Sales
Tax Exemption Number to Seller in a timely manner and Seller is required to pay such tax, the amount
of any such payment made by Seller will be reimbursed by Buyer to Seller upon submission of Seller's
invoices.
10. Payment:
10.1 Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of Seller's
invoice. Buyer shall make all payments hereunder by EFT, wire transfer, or check and in US
dollars. Payment for foreign billing shall be in accordance with Seller's written instructions.
10.2 Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the
highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer
shall reimburse Seller for all costs incurred in collecting any late payments, including, without
limitation, reasonable attorneys' fees. In addition to all other remedies available under these Terms
or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be
entitled to suspend performance of any Purchase Order, or suspend the delivery of any Goods, if
Buyer fails to pay any amounts when due hereunder and such failure continues for 5 days following
written notice thereof. Additionally Seller my require payment in cash, security or other adequate
assurance satisfactory to Seller when, in Seller's opinion, the financial condition of Buyer or other
grounds for insecurity warrant such action.
10.3 All sales are subject to the approval of Seller's credit department. Seller and Buyer both
recognize that there is a risk of banking fraud when individuals impersonating a business
demand payment under new banking or mailing instructions. To avoid this risk, Buyer must
verbally confirm any new bank or mailing instructions by calling Seller and speaking with Seller’s
344
Pall Water
Pall Technology Services
8 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
accounts receivable contact before mailing or transferring any monies using the new instructions.
Both parties agree that they will not institute any mailing or bank transfer instruction changes or
require immediate payment under the new instructions but will instead provide a ten (10) day
grace period to verify any payment instruction changes before any new or outstanding payments
are due using the new instructions.
10.4 Buyer may not withhold or setoff any amounts that may be claimed by Buyer against any
amounts that are due and payable to Seller by reason of any set-off of any claim or dispute with
Seller, whether relating to Seller's breach, bankruptcy or otherwise.
10.5 Notwithstanding anything herein to the contrary, this Agreement may be modified or
terminated/cancelled, and scheduled shipments hereunder may be deferred or changed, only: (i)
upon Buyer’s prior written notice to Seller, and Seller’s written acknowledgment of the notice; and
(ii) upon terms satisfactory to Seller. Buyer shall pay to Seller all fees, charges and/or costs that
Seller assesses because of any modification, termination/cancellation, deferment and/or change,
including without limitation all termination/cancellation fees, restocking fees, storage fees, insurance
costs, freight costs, nonrecurring engineering or production costs and recovery of cost plus
reasonable profit required in the event of Buyer’s termination without cause.
11. Limited Warranty:
11.1 Limited Warranty for Goods. Seller warrants to Buyer that for a period of twelve months from the
date of delivery of the Goods, including deemed delivery pursuant to clause 3.4 above (the
"Warranty Period"), that the Goods manufactured by Seller, when properly installed and
maintained, and operated at ratings, specifications and design conditions specified by Seller, will
materially conform to Seller’s specifications for such Goods set forth in Seller’s proposal, or, in the
absence of such a proposal, such specifications for such Goods appearing in Seller’s product
catalogues and literature or in the Sales Confirmation, at the time of the order and will be free from
material defects in material and workmanship (this “Limited Warranty”). Buyer shall notify Seller
promptly in writing of any claims within the Warranty Period and provide Seller with an opportunity
to inspect and test the Goods or service claimed to fail to meet this Limited Warranty. Buyer shall
provide Seller with a copy of the original invoice for the product or service, and prepay all freight
charges to return any Goods to Seller's factory, or other facility designated by Seller. All claims must
be accompanied by full particulars, including system operating conditions, if applicable. If the defects
are of such type and nature as to be covered by this Limited Warranty, Seller shall, at its option and
in its sole discretion, either: (a) accept return of the defective Goods and furnish replacement Goods;
(b) furnish replacement parts for the defective Goods; (c) repair the defective Goods; or (d) accept
return of the defective Goods and return payments made, or issue credits for, such defective Goods.
If Seller determines that any warranty claim is not, in fact, covered by this Limited Warranty, Buyer
shall pay Seller its then customary charges for any additionally required service or products.
11.2 Limited Warranty for Services. Seller further warrants that all Services performed hereunder, if any,
will be performed in a workmanlike manner in accordance with applicable law and industry standards by
qualified personnel (this “Limited Warranty for Services”); this Limited Warranty for Services shall
survive for 30 days following Seller’s completion of the Services (the “Service Warranty Period”). In the
event of a warranty claim under this Limited Warranty for Services, Buyer shall inform Seller promptly in
writing of the details of the claim within the Service Warranty Period. Seller’s liability under any service
warranty is limited (in Seller’s sole discretion) to repeating the service that during the Service Warranty
Period does not meet this Limited Warranty for Services or issuing credit for the nonconforming portions
of the service.If Seller determines that any warranty claim is not, in fact, covered by the foregoing
Limited Warranty for Services, Buyer shall pay Seller its then customary charges for all services
performed by Seller.
11.3 No Warranty as to Third Party Products. Products manufactured by a third party ("Third Party
Product") may constitute, contain, be contained in, incorporated into, attached to or packaged
345
Pall Water
Pall Technology Services
9 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
together with, the Goods. Third Party Products are not covered by the warranty in Section 11.1.
For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c)
WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
With respect to any Third Party Product, the warranty, if any, is provided solely through the
manufacturer of such Third Party Product, the terms of which vary from manufacturer to
manufacturer and Seller assumes no responsibility on their behalf. For Third Party Products,
specific warranty terms may be obtained from the manufacturer’s warranty statement.
11.4 Other Limits. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 11.1 and 11.2,
SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS AND
SERVICES, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR
(d)WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller does not warrant against, and in no
event shall Seller be liable for, damages or defects arising out of improper or abnormal use, misuse,
abuse, improper installation (other than by Seller), application, operation, maintenance or repair,
alteration, accident, or for negligence in use, storage, transportation or handling or other negligence of
Buyer. In no event shall Seller be liable for any Goods repaired or altered by someone other than Seller
other than pursuant to written authorization by Seller. All product warranties and performance
guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is
in good working order, (b) all operations are consistent with Seller recommendations, (c) operating
conditions at the job site have not materially changed and remain within anticipated specifications, and
(d) no reasonably unforeseeable circumstances exist or arise.
11.5 Exclusive Obligation. THIS WARRANTY IS EXCLUSIVE. THE LIMITED WARRANTY AND THE LIMITED
WARRANTY FOR SERVICES ARE THE SOLE AND EXCLUSIVE OBLIGATIONS OF SELLER WITH
RESPECT TO THE DEFECTIVE GOODS AND SERVICES. SELLER SHALL NOT HAVE ANY OTHER
OBLIGATION WITH RESPECT TO THE GOODS, SERVICES, OR ANY PART THEREOF, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE REMEDIES SET FORTH IN
SECTIONS 11.1 AND 11.2 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S
ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11.1
AND 11.2.
11.6 Buyer Breach. In no event shall Buyer be entitled to claim under the above Limited Warranties if
Buyer is in breach of its obligations, including but not limited to payment, hereunder.
12. Limitation of Liability:
12.1 IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR
REVENUES OR DIMINUTION IN VALUE, INCLUDING WITHOUT LIMITATION,
REMANUFACTURING COSTS AND REWORK COSTS, DE-INSTALLATION OR REINSTALLATION
COST, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS
BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY
FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (TORT,
CONTRACT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND WHATEVER
THE FORUM, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE
MANUFACTURE, PACKAGING, DELIVERY, STORAGE, USE, MISUSE OR NON-USE OF
ANY OF ITS GOODS OR SERVICES OR ANY OTHER CAUSE WHATSOEVER.
346
Pall Water
Pall Technology Services
10 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
12.2 IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIVE TIMES (5X) THE TOTAL
AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER
12.3 The limitation of liability set forth in Section 12.2 above shall not apply to liability resulting from Seller's
gross negligence or willful misconduct.
12.4 Indemnity/Waiver of Claims/Insurance: For other than Services rendered, to the fullest extent
permitted by law, Seller agrees to release, defend, indemnify, and hold harmless Buyer, its agents,
representatives, employees, and officers (collectively referred to for purposes of this Section as
Buyer) 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 connected
therewith recovered from or suffered by Buyer to the extent caused by: (i) the negligent, reckless, or
intentional misconduct of Seller; (ii) any negligent, reckless, or intentional misconduct of any of
Seller’s agents, or (iii) any breach of contract by Seller.
For Services rendered, to the fullest extent permitted by law, Seller agrees to indemnify and hold
Buyer 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 Seller or Seller’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 Buyer as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Seller’s indemnity under this Section shall be without regard to and without any right to contribution
from any insurance maintained by Buyer.
Should Buyer be required to bring an action against Seller to assert its right to defense or
indemnification under this Agreement or under the Seller’s applicable insurance policies
required below, Buyer 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 Seller was obligated to defend the claim(s) or was obligated to indemnify Buyer for a
claim(s) or any portion(s) thereof.
In the event of an action filed against Buyer resulting from Buyer’s performance under this
Agreement, Buyer may elect to represent itself and incur all costs and expenses of suit.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Seller shall at Seller’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 Seller in this Section. The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Seller 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 Buyer. Seller shall
furnish to Buyer an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
347
Pall Water
Pall Technology Services
11 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
• 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. Buyer 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 Buyer Seller shall notify
Buyer with no less than thirty (30) days’ notice of Seller’s receipt of notice that any required insurance
coverage will be terminated or Seller’s decision to terminate any required insurance coverage for
13 Cancellation: Buyer may not cancel this Agreement after Sales Confirmation unless all the details
are approved in writing by the parties, including Buyer's agreement to pay a stated amount of
termination charges.
14 Termination: In addition to any remedies that may be provided under these Terms, Seller may
terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any
amount when due under this Agreement and such failure continues for 10 days after Buyer's receipt of
written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in
whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has
commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for
the benefit of creditors.
15 Changes: Seller shall not be obligated to implement any changes or variations in the scope of work
described in Seller’s Documentation unless Buyer and Seller agree in writing to the details of the change
and any resulting price, schedule or other contractual modifications. This includes any
changes or variations necessitated by a change in applicable law occurring after the effective date of
this Agreement including these Terms.
16 Intellectual Property Infringement: Buyer has no authorization to make any representation,
statement or warranty on behalf of Seller relating to any Goods sold hereunder. Buyer shall indemnify
and defend, at its own expense, Seller against claims or liability for U.S. or applicable foreign patent,
copyright, trademark or other intellectual property infringement and for product liability arising from the
preparation or manufacture of the Goods according to Buyer's specifications or instructions, or from
Buyer's unauthorized or improper use of the Goods or part thereof, or from any changes or alterations to
the Goods or part thereof made by persons other than Seller, or from the use of the Goods in
combination with products not furnished by Seller or from the manufacture or sale or use of Buyer
products which incorporate or integrate the Goods.
17 Ownership of Materials: All ideas, concepts, whether patentable or not, devices, inventions,
copyrights, improvements or discoveries, designs (including drawings, plans and specifications),
estimates, prices, notes, electronic data and other documents or information that are: a) created,
prepared, reduced to practice or disclosed by Seller; and/or b) based upon, derived from, or utilize the
Confidential Information of Seller, and all related intellectual property rights, shall at all times remain
Seller’s property. No right, title or interest in
any patents, trademarks, trade names or trade secrets, or in any pattern, drawing or design for any of
the Goods or in any other Seller intellectual property right, shall pass or transfer to the Buyer and Seller
shall at
all times retain ownership rights therein. Notwithstanding the foregoing, Seller grants Buyer a non-
exclusive, non-transferable license to use any such material to the extent necessary and solely for
348
Pall Water
Pall Technology Services
12 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
Buyer’s use of the Goods purchased by Buyer from Seller hereunder. Buyer shall not disclose any such
material to third parties without Seller’s prior written consent. As a condition to Seller’s delivery to Buyer
of the Goods, Buyer shall not, directly or indirectly, and shall cause its employees, agents and
representatives not to: (i) alter or modify the Goods, (ii) disassemble, decompile or otherwise reverse
engineer or analyze the Goods, (iii) remove any product identification or proprietary rights notices, (iv)
modify or create derivative works, (v) otherwise take any action contrary to Seller’s rights in the
technology and intellectual property relating to the Goods, (vi) assist
or ask others to do any of the foregoing.
349
Pall Water
Pall Technology Services
13 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
18. Export: As a condition to Seller’s delivery to Buyer of the Goods, Buyer agrees, with respect to the
exportation or resale of the Goods by Buyer, to comply with all requirements of the International Traffic
in Arms Regulations ("ITAR") and the Export Administration Regulations ("EAR"), regulations issued
thereunder and any subsequent amendments thereto, and all other national, including, but not limited to,
European, government laws and regulations on export controls, including laws and regulations
pertaining to export licenses, restrictions on export to embargoed countries and restrictions on sales to
certain persons and/or entities. Buyer further agrees that the shipment and/or delivery of the Goods by
Seller is contingent upon Seller obtaining all required export authorizations, licenses, and permits
(collectively, “Authorizations”) and Buyer agrees that Seller shall not be liable to Buyer for any failure or
delay in the shipment or delivery of the Goods if such Authorizations are delayed, conditioned, denied or
not issued by the regulatory or governmental agencies having jurisdiction over such Authorizations.
19. Confidentiality: If Seller discloses or grants Buyer access to any research, development, technical,
economic, or other business information or "know-how" of a confidential nature, whether reduced to
writing or not, Buyer will not use or disclose any such information to any other person or company at any
time, without Seller's prior written consent. In the event that Buyer and Seller have entered into a
separate confidentiality agreement (the “Confidentiality Agreement”), the terms and conditions of the
Confidentiality Agreement shall take precedence over the terms of this paragraph. Buyer is a
governmental entity and Seller acknowledges information related to this Agreement or resulting from
this Agreement may be public pursuant to Federal or State law.
20. No Waiver: No waiver by Seller of any of the provisions of this Agreement is effective unless
explicitly set forth in writing and signed by Seller. Seller's failure to exercise, or to delay in exercising,
any right, remedy, power or privilege arising from this Agreement, or to insist on Buyer's strict
performance of these Terms shall not operate as or be construed as a waiver by Seller.
21. Force Majeure: Under no circumstances shall either party have any liability for any breach relating
to nonperformance or underperformance caused by extreme weather, natural disaster, fire, accident or
other act of God; strike, lock out or other labor shortage or disturbance; lock down, boycott, embargo or
tariff; terrorism or act of terrorism, war or war condition or civil disturbance or riot; failure of public or
private telecommunications networks; delay of carriers or other industrial, agricultural or transportation
disturbance; failure of normal sources of supply; epidemics, pandemics, contagion, disease or
quarantine; law, regulation or any act of government; or any other cause beyond either party’s
reasonable control. Each party’s performance shall be excused and deemed suspended during the
continuation of such event or events and, for a reasonable time thereafter, delayed or adjusted
accordingly.
22. No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their
respective successors and permitted assigns and nothing herein, express or implied, is intended to or
shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature
whatsoever under or by reason of these Terms.
23. Relationship of the Parties: The relationship between the parties is that of independent
contractors. Nothing contained in this Agreement shall be construed as creating any agency,
partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between
the parties, and neither party shall have authority to contract for or bind the other party in any manner
whatsoever.
24. Validity: If any provision of this Agreement, the Sales Confirmation or these Terms is held by any
competent authority to be invalid or unenforceable in whole or in any part, such provision shall be
ineffective, but only to the extent of such invalidity or unenforceability, without invalidating the
remainder of such provision nor the other provisions, which shall not be affected.
25. Governing Law: This Agreement, and all the rights and duties of the parties arising from or relating
350
Pall Water
Pall Technology Services
14 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be
governed by the laws of the State of Montana., without giving effect to any choice or conflict of law
351
Pall Water
Pall Technology Services
15 of 12
Confidential - Company Proprietary
Confidential - Company Proprietary
provision or rule (whether of the State of Montana or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than those of the State of Montana.
26. Submission to Jurisdiction: Buyer and Seller hereby unconditionally and irrevocably submit to
(and waive any objection on the grounds of inconvenient forum or otherwise) the jurisdiction of the
Supreme Court of the State of Montana, County of Gallatin or the United States District Court for the
District of Montana, which courts shall have exclusive jurisdiction to adjudicate and determine any
suit, action or proceeding regarding or relating to this Agreement and the purchase and supply of the
Goods. A judgment, order or decision of those courts in respect of any such claim
or dispute shall be conclusive and may be recognized and enforced by any courts of any state, country
or other jurisdiction.
27.Nondiscrimination and Equal Pay: Seller agrees that all hiring by Seller of persons performing
this Agreement shall be on the basis of merit and qualifications. Seller will have a policy to provide
equal employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. Seller 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, marital
status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights
Acts of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Seller 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). Seller must
report to Buyer any violations of the Montana Equal Pay Act that Seller has been found guilty of within
60 days of such finding for violations occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
27. Survival: All payment, confidentiality and indemnity obligations, warranties, limitations of liability,
product return, and ownership of materials provisions, together with those sections the survival of
which is necessary for the interpretation or enforcement of these Terms, shall continue in full force
and effect for the duration stated in such provisions or the applicable statute of limitations.
28. Amendment and Modification: This Agreement may only be amended or modified in a writing
which specifically states that it amends this Agreement and is signed by an authorized representative of
each party.
352
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Maddaus Water Management, Inc. for the Development of Landscape and
Irrigation Design and Performance Standards for New Development
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Maddaus Water Management, Inc. for the Development of Landscape and
Irrigation Design and Performance Standards for New Development.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In 2013, the City Commission adopted an Integrated Water Resources Plan
(Plan) in order to guide future water use and supply policies and practices.
The Plan calls for water conservation to fill fifty percent of the gap between
water supply and demand over the next 40 years. Upon adoption of the Plan,
the City Commission specifically supported an education and incentive-based
approach to conservation while recognizing that the Plan acknowledges a
need to take a regulatory approach to water conservation in the future.
Outdoor watering of lawns and landscapes represents fifty percent of annual
residential water use in Bozeman. A recent analysis of single family water
use based on year-built indicates that homes built over the last decade are
applying over twice the amount of water to landscapes as compared to older
homes, despite being located on smaller lots with less landscaping. This is
likely due in large part to the installation of inefficient irrigation systems and
high water use turfgrass in new construction.
Bozeman is a fast-growing drought-prone community facing numerous water
supply constraints posed by its headwaters location in the Upper Missouri
River Watershed, impacts of climate change on water supply yields, and
challenging legal framework regarding new water right appropriations. In
order to ensure that Bozeman has a reliable water supply available for the
future, the City Commission had a work session on February 15, 2022 to
consider the development of water efficient landscape and irrigation
performance and design standards (standards) for new development. During
the work session, City Staff presented three ‘tiers’ of standards. The City
Commission directed staff to pursue the development of ‘tier 3’ standards,
353
which outlines the most extensive and proactive set of standards resulting in
the greatest water savings.
The attached professional services agreement (PSA) outlines work to be
completed in collaboration with Maddaus Water Management Inc. to
support the development of ‘tier 3’ standards. This includes; development
of the landscape ordinance for city code, a technical water budget, a ‘tier 3’
standards implementation guide to be referenced by code, stakeholder
engagement support, and support during City Commission hearings.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total costs are not to exceed $70,000 and will be paid for out of the Water
Conservation Division’s professional services fund.
Attachments:
PSA_Landscape and Irrigation Standards_MWM.pdf
Exhibit A_Scope of Services_MWM.pdf
Report compiled on: August 11, 2022
354
355
356
357
358
359
360
361
362
363
364
Exhibit A: Landscape and Irrigation Design and Performance Standards Scope of Services
Page 1
Exhibit A: Landscape and Irrigation Performance and Design Standards
Scope of Services
LIST OF PROJECT TASKS
The project tasks (Scope of Services) that MWM intends to complete are outlined below up to the available
budget allocated for this project.
Task 1 – Policy Updates and Technical Analysis
MWM will collaborate with Bozeman staff to provide as-needed policy updates and technical analysis support
for Bozeman’s water-use efficiency programs and initiatives. The scope of work includes, but is not limited to:
Finalize updated technical water budget calculations & prepare reference documentation in the form
of a technical memorandum not to exceed 10 pages.
Draft Landscape Ordinance for City Code
o MWM will conduct further review and preparation on the development approval process
roadmap, as described more in the Technical Implementation. Assume that City staff will lead
the drafting and editing of the approval process flowchart graphic and list of steps for approval
through the City’s development process.
o City will provide, for MWM review, the current Code sections and an explanation of thresholds
to trigger compliance and offer any key considerations that need to be factored into MWM’s
editing code revisions.
o MWM will provide one round of edits for the draft code update. It is assumed that this is a
relatively minor code update that is intended to be inserted into the existing development
code. The revisions are envisioned to simply reference the threshold for compliance with the
ordinance and direct the City and applicant to comply with the approved Technical
Implementation Guide, as described below.
MWM may also offer considerations for future code revisions.
o After City staff including legal review, MWM will address one set of consolidated review
comments on the landscape code
o MWM to hold up to two virtual meetings with City staff to discuss the revision or identification
of ‘triggers’ for review processes and compliance inspections (e.g., number of housing units
triggers this level of compliance actions for approval).
MWM will work to prepare the draft of landscape code’s Technical Implementation Guide and provide
further review & comment
o MWM will prepare the outline for the Guide for City review and approval.
o MWM will work collaboratively with City staff to complete the outline sections based on the
budget available.
o MWM will then prepare three drafts total: (1) administrative draft for internal staff review; (2)
public review draft for stakeholder feedback; and (3) updated version intended as a final
document for inclusion in the Commission approval process. Additional revisions to the
document will be based on budget availability.
o Implementation guide not to exceed 40 pages
o One round of edits based on consolidated comments for each draft
o Assume one final electronic copy of the Implementation Guide
Stakeholder engagement process recommendations and assistance (up to 2 meetings)
o Meetings are assumed to be 2 hours each plus preparation and follow up.
365
Exhibit A: Landscape and Irrigation Design and Performance Standards Scope of Services
Page 2
o Process recommendations will include suggestions for how and when to pursue stakeholder
involvement throughout the process of this project which will be summarized in a one to two
page memorandum.
o Effort for this task is not to exceed the hours allocated for Lisa Maddaus’ support. Additional
support available based on budget.
Meetings and Public Hearings
o MWM will support bi-weekly project development meetings
Assumed to be one hour each plus preparation and follow up covering a 26 week
schedule (not to exceed 13 virtual meetings)
o MWM will provide Board/City Commission hearing assistance
Assume total of two meetings for commission/public hearings (one virtual, one in-
person)
Assume travel expenses for up to one in-person trip to attend the public hearing as
approved by City staff.
Task 2 – On-call Technical Assistance
Bozeman may desire additional support to assist with Water Use Efficiency (WUE) implementation. Based on
the budget available for this task effort, MWM may provide technical services on an as-needed basis related,
but not limited to, the following topics:
Planning and design assistance for WUE program implementation updates
DSS Model support
Review updates with 2023 city code update
Implementation guide update support
On-going stakeholder and Board/City Commission support
Assist city staff, management, internal or external stakeholders
Support public education and outreach efforts
Further technical analyses at staff direction
Deliverables
The following deliverables are planned:
Technical water budget and memorandum (not to exceed 10 pages)
Ordinance language
Technical Implementation guide (not to exceed 40 pages)
Summary notes that outline the stakeholder engagement process recommendations (1-2 pages)
SCHEDULE
The schedule for the project will be driven by Bozeman staff requests. This schedule will be organized with
additional input after the contract is received and will be adaptively managed based on Bozeman needs. It is
assumed this project will conclude by February 28, 2023.
COST ESTIMATE
This cost estimate for this project is $70,000. The project is to be completed on a time and materials basis with
approved travel expenses reimbursed at cost. Each task will be completed based on available budget. A
preliminary cost estimate is provided below. Given the analytical and iterative nature of the tasks, additional
budget may be requested at a future time to complete the collaborative effort on these tasks with Bozeman
366
Exhibit A: Landscape and Irrigation Design and Performance Standards Scope of Services
Page 3
staff assistance. MWM will invoice Bozeman monthly. MWM will not exceed the project budget without prior
written authorization from the City of Bozeman.
Table 1: Cost Estimate
Hours Cost Lisa Maddaus Michelle Maddaus Sierra Orr Hannah Braun Nicki Powell Lisa Maddaus Michelle Maddaus Sierra Orr Hannah Braun Nicki Powell Total Labor Task Name $295 $290 $165 $120 $120 1 Policy Updates and Technical
Analysis
1.1 Technical Water Budget and
Memorandum
8 2 20 10 5 $2,360 $580 $3,300 $1,200 $600 $8,040
1.2 Ordinance 32 4 20 - 8 $9,440 $1,160 $3,300 $0 $960 $14,860
1.3 Support City's Review Process &
Compliance Protocols
24 - 8 2 2 $7,080 $0
$7,080
1.4 Implementation Guide 24 4 32 8 16 $7,080 $1,160 $5,280 $960 $1,920 $16,400
1.5
Stakeholder Engagement
Assistance (2 meetings at 2 hours each
plus preparation and follow up)
12 2 8 2 2 $3,540 $580 $1,320 $240 $240 $5,920
1.6
Meetings and Public Hearings (bi-
weekly project development one hour
each covering 26 week schedule [13
meetings, 16 hours]; assume two
commission meetings/public hearings
prep and attendance [16 hours]
32 - 8 - 4 $9,440 $0 $1,320 $0 $480 $11,240
Subtotal 132 12 96 22 37 $38,940 $3,480 $14,520 $2,400 $4,200 $63,540
2 On-call Technical Assistance
2 Technical Assistance 8 20
$2,360 $0 $3,300 $0 $0 $5,660
Subtotal 8 - 20 - - $2,360 $0 $3,300 $0 $0 $5,660
Project Total Labor 140 12 116 22 37 $41,300 $3,480 $17,820 $2,400 $4,200 $69,200
Other Direct Costs* (travel cost
including flights)
$800
Project Total Budget
$70,000
367
Exhibit A: Landscape and Irrigation Design and Performance Standards Scope of Services
Page 4
SUMMARY OF KEY STAFF AND 2022 RATE SCHEDULE
Michelle Maddaus will serve as Project Manager. Table 1 presents specific qualifications for all MWM personnel.
Staff biographies are available on the MWM web site at: http://www.maddauswater.com/team.html. Full
resumes are available upon request.
Table 2: MWM Personnel Qualifications and 2022 Rates
Person Position Service/Discipline Education/Degree Hourly
Rate
Lisa Maddaus,
P.E.
Project Manager, Senior
Engineer
Water Resource Planning
and Management, Water
Conservation Strategy
Development
M.S. Engineering $295
Michelle
Maddaus, P.E. Senior Engineer
Water Demand
Forecasting, Water
Conservation Planning
and Management
M.B.A.,
B.S. Engineering $290
Christopher
Matyas
Senior Software Engineer,
DSS Modeling Lead
Software for Water
Efficiency, Water
Resource Planning and
Management
B.S. Engineering $290
Tess
Kretschmann
Staff Engineer, DSS
Modeler
Water Resource Planning
and Management B.S. Engineering $200
Sierra Orr Senior Water Resources
Project Manager
Water Resource
Planning, Management
and Program Outreach
M.A. Leadership, B.A.
Communications and
History
$165
Hannah Braun Water Resources Analyst,
Demand Forecast Modeler
Water Resource Planning
and Management
B.A. Environmental
Studies $120
Nicki Powell Water Resources Analyst,
Demand Forecast Modeler
Water Resource Planning
and Management
B.S. Environmental
Studies, B.A. Biostatistics $120
368
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Parking Logix for Occupancy Technology and Displays in the Black, South
Willson, and North Willson Surface Parking Lots
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Parking Logix for occupancy technology and displays in the Black, South
Willson, and North Willson surface parking lots.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:In fall 2020, Parking Services began a pilot project with occupancy
technology to provide more information to the public when accessing the
city's parking system. It took staff considerable effort and time to get the
first occupancy sign working, but with assistance of the Streets Department
and Community Development, the system is working effectively. We are able
to display the parking spots available in the Rouse Lot so individuals
accessing our parking system have more information.
The agreement would allow us to expand the technology to the remaining
three surface lots. In the future, we would like to work with our parking app
provider to display the occupancy on the app's home screen. This would
allow a resident or guest to know where to park before they even leave their
home.
UNRESOLVED ISSUES:No Unresolved Issues
ALTERNATIVES:Alternatives as proposed by the Commission
FISCAL EFFECTS:As stated in the scope of work, costs for hardware and software
Attachments:
PSA with Parking Logix for Parking Occupancy
369
Technology.docx
Report compiled on: August 11, 2022
370
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 23
rd day of August, 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, Parking Logix, 992 Upton, LaSalle, Quebec, Canada
H8R 2P9, 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, 2025, 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 in, unless specifically provided otherwise, the Agreement governs. Contractor
agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as
Exhibit B and made part of this Agreement. Such responses constitute material consideration for the
City to enter into this Agreement and the responses are material representations regarding the
Contractor’s performance.
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:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
371
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.
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.
372
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.
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
373
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
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.
374
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 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
375
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 Mike Veselik, Economic Development Program Manager or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, 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 Jasen Singh, Head of North American Operations and
Sales 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.
376
12 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.
13.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.
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.
14.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.
377
15.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.
16. 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.
17.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.
18.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.
19.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
20.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.
378
21.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
22.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.
23.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
24.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
25.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
26.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.
27.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
28.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.
29.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.
30.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 five years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
379
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 PARKING LOGIX
By________________________________By__________________________________
Jeff Mihelich, City Manager Jasen Singh, Head of North American Sales
and Operations
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
380
EXHIBIT A: SCOPE OF SERVICES
381
Back to back sign
–1 Solar panel
Single Sign
–1 Solar panel
382
Embedded
BD Sensor
Embedded
BD Sensor
383
384
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 15 of 26
Back to back sign
–1 Solar panel
385
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 16 of 26
386
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 17 of 26
Back to back sign
–Solar Power
387
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 18 of 26
Back to back sign
–Solar Power
388
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 19 of 26
389
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 20 of 26
Back to back sign
–1 Solar panel
Single Sign
–1 Solar panel
390
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 21 of 26
Back to back sign
–1 Solar panel
391
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 22 of 26
Single Sign
–1 Solar panel
392
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 23 of 26
393
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 24 of 26
394
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 25 of 26
Exhibit B: Cloud Questionnaire
Cloud Services Questions
1) Service levels: What level of service should we expect?
a.99% Uptime
2) What is the City’s recourse for excessive downtime? Refund of percentage of monthly
fee?
a.This can be reviewed on a case-by-case basis. System downtime has proved
immaterial with other clients.
3) Data ownership: Who owns the data we provide and what can be done with the data?
a.Client owns the data. AWS hosts the data when communicating with the cloud.
The only data that’s captured is the vehicle count.
4) Data security: How secure is our data and how is it being kept secure?
a.If this is a multi-tenant environment on the same hardware how is our data kept
separate and secure from other customers, including any PII (Personally
Identifiable Information) that may be gathered?
i.NA: All data is logically split between accounts and available only in the
account it belongs. There is no personal information apart from login
name and email set for alerts.
b.If PII is gathered, is it encrypted in transit and at rest?
i.NA: SSL and TSL used for all transferred data
c.If credit card transactions are occurring is your system fully PCI compliant?
i.NA
5) Data integrity: What do you do as a vendor to ensure our data maintains its integrity?
a.Data integrity is based on the accuracy of the system. Through reports and
diagnostic alerts we work with the client to maintain system integrity and
accuracy.
6) We require data centers to be located in the United States: What country will our data
be located in?
a.We use AWS to host the data – servers are based in Virginia.
7) Responding to legal demands to disclose data: What is your process when someone
subpoenas or requests our data from you as a vendor?
a.We comply with formal channels to turnover data.
8) Reporting: What is your protocol for data breaches?
a.We don’t have this protocol as we don’t have sensitive data.
395
Professional Services Agreement for Parking Surface Lot Occupancy Technology
Page 26 of 26
9) Disaster recovery: What protections/protocols do you have in place to mitigate
disasters?
a.DRP recovery procedure
b.DB Logix disaster recovery plan
10)Business continuity: If you decide to bring your business to an end what happens to our
data?
a.Your data is yours to keep as it’s on-premise in the sign.
11)Termination rights and consequences: What is your termination policy both for you as
a vendor and us as a customer?
a.NA – Client owns the hardware. The annual Cloud service would just be turned
off.
12)Exit: If we exit our relationship what format can we get our data in and what assistance
will you give us in transferring our data to us in a usable format?
a.NA – Data rests onsite in the sign.
396
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with KLJ
for the E. Aspen St. Bridge Bidding Administration
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to sign Professional Services
Agreement with KLJ for the E. Aspen St. Bridge bidding administration.
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Constructing a bridge across Bozeman Creek at E. Aspen St. has been a long-
time priority of the Northeast Urban Renewal District Board. Funding for the
project is included in the City Commission approved Work Plan and Budget
for Fiscal Year 2023. The professional services agreement with KLJ is prepare
contract documents and oversee bidding related to two pieces of the
project, adjacent sidewalks and public infrastructure, and the bridge itself.
Staff's goal is to bid the project this fall with the goal of completing
construction this fall or in fall 2023, when low water levels facilitate
placement of bridge abutments.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:The total cost of these scopes of work is
FISCAL EFFECTS:Funding for the project is included in the City Commission approved Work
Plan and Budget for Fiscal Year 2023. The total cost of the scopes of work is
$14,260.20
Attachments:
KLJ PSA Engineering for Bidding 082022.docx
Aspen Street Ped Bridge Scope Letter - Sidewalk.pdf
Aspen Street Ped Bridge Scope Letter - Pedestrian Bridge.pdf
Report compiled on: August 12, 2022
397
Professional Services Agreement – Engineering
FY2020-2021
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 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 KLJ Engineering, with a mailing address of 5 West
Mendenhall St, STE 201,hereinafter referred to as “Consultant.” The City and Consultantmay 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 Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a
part hereof for the Project: Aspen Street Bridge Bidding
2.Term/Effective Date:This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3.Scope of Services:Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts betweenthis Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4.Payment for Scope of Services:City agrees to pay Consultant for the completion of the
Scope of Services a lump sum amount of $14,260.20,being equal to the Consultant’s Direct Labor
Costs, which shall cover Direct Labor, the federally audited payroll Direct Labor Overhead,
General & Administrative Overhead, and Profit. The Consultant’s Direct Labor Costs in $/hr for
its employee classes and a detailed breakdown of personnel hours directly assigned to each task
of the Scope of Services is provided herewith as “Attachment 1”.
398
Professional Services Agreement – Engineering
FY2020-2021
Page 2 of 12
5.Reimbursable Expenses: As defined in section 8of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$0, which includes $0 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as
“Attachment 2”. The administrative markup factor being applied by the Consultant for any of its
Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05.
6.Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7.Times of Payments:The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8.Meaning of Terms:
a.Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b.Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c.Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d.Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
399
Professional Services Agreement – Engineering
FY2020-2021
Page 3 of 12
e.Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9.Consultant’s Representations:To induce City to enter into this Agreement, Consultant
makes the following representations:
a.Consultant 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.Consultant 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.
10.Independent Contractor Status/Labor Relations:The parties agree that Consultant is an
independent Contractorfor purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage
for all members and employees of Consultant’s business, except for those members who are
exempted by law.
11.Indemnity/Waiver of Claims/Insurance:For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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
400
Professional Services Agreement – Engineering
FY2020-2021
Page 4 of 12
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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s).
Consultant’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 Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 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.
Consultant 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, Consultant shall at Consultant’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized toconduct insurance business in Montana which insures the liabilities and obligations
401
Professional Services Agreement – Engineering
FY2020-2021
Page 5 of 12
specifically assumed by the Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant 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.
Consultant 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 of Bozeman 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. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant’s receipt of notice that any required insurance coverage will be terminated or
Consultant’s decision to terminate any required insurance coverage for any reason.
12.Termination for Consultant’s Fault:
a.If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
c.Any termination provided for by this Section 12 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 12, Consultant shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
402
Professional Services Agreement – Engineering
FY2020-2021
Page 6 of 12
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.
13.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 Consultant (“Notice of Termination forCity’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 Consultant.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant 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. Consultant 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 13, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 13(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant 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.
14.Limitation on Consultant’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
403
Professional Services Agreement – Engineering
FY2020-2021
Page 7 of 12
15.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this Agreement
shall be David Fine, Economic Development Program Manager or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s Representative is
not available, Consultant 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.Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Mike Hinshaw, Market Manager, or such other individual as Consultant
shall designate in writing. Whenever direction to or communication with Consultant is required
by this Agreement, such direction or communication shall be directed to Consultant’s
Representative; provided, however, that in exigent circumstances when Consultant’s
Representative is not available, City may direct its direction or communication to other
designated Consultant 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.
16.Permits:Consultant 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.
17.Laws and Regulations:Consultant 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.
404
Professional Services Agreement – Engineering
FY2020-2021
Page 8 of 12
18.Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultantof persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Consultant 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 Consultant 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.
Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:Consultant 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. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20.Modification and Assignability:This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
405
Professional Services Agreement – Engineering
FY2020-2021
Page 9 of 12
arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
21.Reports/Accountability/Public Information:Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22.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.
23.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.
24.Taxes:Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25.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.
26.Survival:Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
406
Professional Services Agreement – Engineering
FY2020-2021
Page 10 of 12
27.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.
28.Severability:If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29.Applicable Law:The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30.Binding Effect:This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31.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.
32.Counterparts:This Agreement may be executed in counterparts, which together
constitute one instrument.
33.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.
34.Standard of Care:In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition
to any other remedies the City may have under the law
35.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
407
Professional Services Agreement – Engineering
FY2020-2021
Page 11 of 12
36.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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
408
Professional Services Agreement – Engineering
FY2020-2021
Page 12 of 12
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
Jeff Mihelich, City Manager (insert title of signatory)
DATE: DATE:
ATTEST:
BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
409
July 29, 2022
Mr. David Fine
Economic Development
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
Re: Aspen Street Pedestrian Bridge Bidding – Sidewalk
Mr. Fine:
Please find enclosed our proposed scope of services related to the above referenced project with
estimate of man hours and fee included. This scope generally includes services related to providing
bidding services.
Please review the enclosed scope to confirm that we are providing the services that meet your
expectations. Please keep in mind this is a draft proposal, and we anticipate you may have suggestions,
clarification or revisions that require adjustments. Following your review, please let me know how our
proposed scope and fee aligns with your expectations and if there are any modifications you desire before
executing an Agreement.
We are editing the standard agreement form to insert our proposed scope of services as an Exhibit C
attachment to replace some of the scope language in the standard form. We will email you the agreement
with proposed edits as soon as possible.
Thank you for this opportunity. We are very excited to work with you and the City Engineering team again
on this project.
We look forward to hearing from you following your review.
Sincerely,
KLJ
Michael Hinshaw, PE
Project Manager
Enclosure(s): Exhibit C – Proposed Scope of Services
Project #: 2104-01018
cc: File
410
EXHIBIT C
ENGINEERING SCOPE OF WORK
The project includes providing professional services in connection with construction
management and inspection services for the Aspen Street Pedestrian Bridge. The scope of
Engineer’s services is based on facilitating purchase of required wetland mitigation credits and
providing bidding and construction documents, construction management and inspection and
project closeout documentation.
The ENGINEER is to provide the following services, related to the various phases of the project as
listed in Part 1 below:
PART 1 – BASIC SERVICES
A1.03 Contract Documents and Specifications
1. Prepare and submit Project Manual to City Engineering for approval prior to bid
advertisement. Project Manual will include the Montana Public Works Standard
Specifications (MPWSS) and City of Bozeman Modifications to MPWSS (COBMODS)
with all addenda, by reference, as well as the following sections:
a. Standard EJCDC front end construction contract documents covering bidding
requirements, contract forms and conditions of the contract with 2022 Montana
Prevailing Wage Rates, Engineer’s Special Provisions, Geotechnical Report, and
SWPPP Permit Application (Division 0).
b. Bozeman standard contract forms for Contractor’s Agreement, Invitation to Bid,
Instructions to Bidders and Nondiscrimination and Equal Pay Affirmation.
c. Engineer’s General Project Requirements (Division 1).
d. Technical Specifications, per design, that are not covered in MPWSS or
COBMODS (Division 2).
2. Utilizing previously approved infrastructure plans, prepare abridged project
construction plan set, maintaining only those plan sheets pertinent to the project’s
construction scope and extents. Remaining infrastructure shown outside of project’s
extents will be noted as “not in contract” (N.I.C).
3. Provide Engineer sealed construction documents including Construction Plans and
Project Manual to City, Bidders and awarded contractor.
4. Sealed Construction Plans (5) will be provided on scaled 11X17 hard copy sheets and
certified PDF documents.
5. Provide Engineer’s estimate of probable construction cost for the project extents.
6. Prepare and submit service application to Northwestern Energy, for additional
service extensions for project lighting.
A1.04 Bidding
1. Prepare and provide advertisement for bids to the Bozeman City Clerk to be
published two (2) times in the Bozeman Daily Chronicle during the bidding process.
2. Issue advertisement for bids and electronic project bidding documents to QuestCDN
for bidder viewing, purchase and download.
3. Lead and manage open bidding process using QuestCDN and maintain a record of
prospective bidders to whom construction documents have been issued. 411
4. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
construction documents, as necessary, in response to questions from contractors.
5. Conduct one (1), Pre-Bid Conference via Microsoft Teams or equivalent.
6. Conduct Bid Opening using QuestCDN vBid platform.
7. Consult with Owner as to the qualifications of prospective contractors.
8. Prepare bid tabulation, assist City in evaluating bids, provide recommendation of
contract award, and issue notice of award of contract to successful contractor.
9. Assemble final contracts for the Work and coordinate contract execution by City and
contractor.
10. The Bidding task will be considered complete upon successful contractor’s
acceptance of the issued notice of award.
Assumptions: City will pay legal ad fee to newspaper.
The scope is based on Owner providing the following:
Payment for all application fees, if required, for regulatory and utility agency
review/approval.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
1. ENGINEER’S scope of services is explicitly limited to those described in Part 1 above.
If authorized in writing by Owner, Engineer may furnish or obtain from others
Additional Services of the types listed below.
a. Re-design or modifications to design of current City and plans.
412
A2.02 Additional Services Not Requiring Owner’s Written Authorization
1. For such Additional Services listed below, Engineer need not request or obtain
specific advance written authorization from Owner. Engineer shall cease performing
or furnishing such Additional Services upon receipt of written notice from Owner.
a. Additional meetings and/or site visits as requested by owner
PART 3 – FEE ESTIMATE
A3.01 Tasks will be performed on a direct labor cost times a multiplier, in accordance with Part
6.2 of the Agreement, for the estimated fee detailed in the table below. Reimbursable
expenses will be billed for actual costs incurred in accordance with Part 6.2.2 of the
Agreement, for the estimated fee detailed below.
A3.02 Bidding Costs will include a not to exceed amount of $3,000
# Task
Mike Hinshaw,
PE
Candy Tombrink Rochelle Hansen
Logan Berg,
PE Total Hours Labor Cost
PM Project Assistant Engineer Engineer
$191 $115.60 $143 $143
1.03
Contract Documents & Specifications 1 4 6 11 $1,511.40
1.04 Bidding 2 2 4 8 $1,240.00
TOTAL 3 4 2 10 19 $2,751.40
413
414
July 29, 2022
Mr. David Fine
Economic Development
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
Re: Aspen Street Pedestrian Bridge Bidding – Bridge Structure
Mr. Fine:
Please find enclosed our proposed scope of services related to the above referenced project with
estimate of man hours and fee included. This scope generally includes services related to providing
bidding services.
Please review the enclosed scope to confirm that we are providing the services that meet your
expectations. Please keep in mind this is a draft proposal, and we anticipate you may have suggestions,
clarification or revisions that require adjustments. Following your review, please let me know how our
proposed scope and fee aligns with your expectations and if there are any modifications you desire before
executing an Agreement.
We are editing the standard agreement form to insert our proposed scope of services as an Exhibit C
attachment to replace some of the scope language in the standard form. We will email you the agreement
with proposed edits as soon as possible.
Thank you for this opportunity. We are very excited to work with you and the City Engineering team again
on this project.
We look forward to hearing from you following your review.
Sincerely,
KLJ
Michael Hinshaw, PE
Project Manager
Enclosure(s): Exhibit C – Proposed Scope of Services
Project #: 2104-01018
cc: File
415
EXHIBIT C
ENGINEERING SCOPE OF WORK
The project includes providing professional services in connection with construction
management and inspection services for the Aspen Street Pedestrian Bridge. The scope of
Engineer’s services is based on facilitating purchase of required wetland mitigation credits and
providing bidding and construction documents, construction management and inspection and
project closeout documentation.
The ENGINEER is to provide the following services, related to the various phases of the project as
listed in Part 1 below:
PART 1 – BASIC SERVICES
A1.03 Contract Documents and Specifications
1. Prepare and submit Project Manual to City Engineering for approval prior to bid
advertisement. Project Manual will include the Montana Public Works Standard
Specifications (MPWSS) and City of Bozeman Modifications to MPWSS (COBMODS)
with all addenda, by reference, as well as the following sections:
a. Standard EJCDC front end construction contract documents covering bidding
requirements, contract forms and conditions of the contract with 2022 Montana
Prevailing Wage Rates, Engineer’s Special Provisions, Geotechnical Report, and
SWPPP Permit Application (Division 0).
b. Bozeman standard contract forms for Contractor’s Agreement, Invitation to Bid,
Instructions to Bidders and Nondiscrimination and Equal Pay Affirmation.
c. Engineer’s General Project Requirements (Division 1).
d. Technical Specifications, per design, that are not covered in MPWSS or
COBMODS (Division 2).
2. Utilizing previously approved infrastructure plans, prepare abridged project
construction plan set, maintaining only those plan sheets pertinent to the project’s
construction scope and extents. Remaining infrastructure shown outside of project’s
extents will be noted as “not in contract” (N.I.C).
3. Provide Engineer sealed construction documents including Construction Plans and
Project Manual to City, Bidders and awarded contractor.
4. Sealed Construction Plans (5) will be provided on scaled 11X17 hard copy sheets and
certified PDF documents.
5. Provide Engineer’s estimate of probable construction cost for the project extents.
6. Prepare and submit service application to Northwestern Energy, for additional
service extensions for project lighting.
A1.04 Bidding
1. Prepare and provide advertisement for bids to the Bozeman City Clerk to be
published two (2) times in the Bozeman Daily Chronicle during the bidding process.
2. Issue advertisement for bids and electronic project bidding documents to QuestCDN
for bidder viewing, purchase and download.
3. Lead and manage open bidding process using QuestCDN and maintain a record of
prospective bidders to whom construction documents have been issued. 416
4. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
construction documents, as necessary, in response to questions from contractors.
5. Conduct one (1), Pre-Bid Conference on-site.
6. Conduct Bid Opening using QuestCDN vBid platform.
7. Consult with Owner as to the qualifications of prospective contractors.
8. Prepare bid tabulation, assist City in evaluating bids, provide recommendation of
contract award, and issue notice of award of contract to successful contractor.
9. Assemble final contracts for the Work and coordinate contract execution by City and
contractor.
10. The Bidding task will be considered complete upon successful contractor’s
acceptance of the issued notice of award.
Assumptions: City will pay legal ad fee to newspaper.
The scope is based on Owner providing the following:
Payment for all application fees, if required, for regulatory and utility agency
review/approval.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
1. ENGINEER’S scope of services is explicitly limited to those described in Part 1 above.
If authorized in writing by Owner, Engineer may furnish or obtain from others
Additional Services of the types listed below.
a. Re-design or modifications to design of current City and plans.
417
A2.02 Additional Services Not Requiring Owner’s Written Authorization
1. For such Additional Services listed below, Engineer need not request or obtain
specific advance written authorization from Owner. Engineer shall cease performing
or furnishing such Additional Services upon receipt of written notice from Owner.
a. Additional meetings and/or site visits as requested by owner
PART 3 – FEE ESTIMATE
A3.01 Tasks will be performed on a direct labor cost times a multiplier, in accordance with Part
6.2 of the Agreement, for the estimated fee detailed in the table below. Reimbursable
expenses will be billed for actual costs incurred in accordance with Part 6.2.2 of the
Agreement, for the estimated fee detailed below.
A3.02 Bidding Costs will include a not to exceed amount of $12,000
# Task
Mike Hinshaw,
PE
Candy Tombrink Rochelle Hansen
Logan Berg,
PE
Chris Agro,
PE Total Hours Labor Cost
PM Project Assistant Engineer Engineer Structural Engineer
$191 $115.60 $143 $143 $160
1.03
Contract Documents & Specifications 5 8 30 43 $6,679.80
1.04 Bidding 4 9 6 12 31 $4,829.00
TOTAL 9 8 9 6 42 74 $11,508.80
418
419
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Renata Munfrada, Community Housing Program Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with
Human Resources Development Council of District IX, Inc. (HRDC) for
Community Housing Program Support
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to sign Professional Services
Agreement with Human Resources Development Council of District IX, Inc.
(HRDC) for Community Housing Program Support
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:HRDC has traditionally assisted the City with Professional Services related to
the operation of the City's Community Housing Program. These services
include the following items.
HUD Certified Homebuyer Education Class
Pre-Purchase Counseling, Buyer Qualification, Qualified Pool,
Marketing, and Record Keeping
HomeKeeper System Management, Maintenance, and Data Sharing
Loan Origination/Deed Restriction/Lien Documents
Monitoring and compliance
Deed Re-conveyance/Subsidy Recapture at Resale
Assistance from Professional Staff including the Community
Development Director
These services are material to continuing a Community Housing Program,
especially one that requires income qualification and tracking of individual
units.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
420
FISCAL EFFECTS:The Professional Services Agreement calls for a lump sum payment of
$60,000. Funding for this contract is available in the Community Housing
Program budget for FY 2023.
Attachments:
PSA with HRDC for Housing Services FY23.docx
Report compiled on: August 9, 2022
421
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, Human Resource Development Council of District IX,
Inc., 32 South Tracy Avenue, Bozeman, MT 59715, 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 30 day of June, 2023, 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 a lump sum fee of $60,000 for services under
this agreement. 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
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
422
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 2 of 14
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.
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
423
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 3 of 14
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.
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
424
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 4 of 14
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
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.
425
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 5 of 14
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
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
426
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 6 of 14
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 David Fine, Economic Development Program Manager for Housing, 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 Tracy Menuez, Associate Director, 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
427
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 7 of 14
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
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).
428
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 8 of 14
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 anyemployee 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.
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
429
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 9 of 14
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.
430
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 10 of 14
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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
431
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 11 of 14
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
432
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 12 of 14
Exhibit “A”
Scope of Services
Professional Services Agreement for Community Housing Program
Scope of services July 1, 2022 to June 30, 2023
HUD Certified Homebuyer Education Class
HRDC will provide a minimum of 18 homebuyers'classes in the City of Bozeman ("City")annually.
HRDC's homebuyer’s education course provides an important first point of entry for many
residents seeking affordable ownership and is a requirement of all potential homebuyers in the
City of Bozeman's Affordable Housing Program. HRDC will provide an 8-hour comprehensive
homeownership education course directed by a HUD-approved housing counselor. Topics
covered will include advantages and disadvantages of home ownership,assessing
homeownership readiness, understanding credit, managing finances, the mortgage process,
programs for first-time home buyers, shopping for a home, lender, and a realtor, closing the
deal, home maintenance, and post purchase concerns.HRDC will provide the course free of
charge and allow all interested potential homebuyers to attend. The Homebuyer Education
Class schedule and instructions for attending will be published on HRDC's website,and via HRDC's
social media channels.It will also be sent by email to industry partners. A course flyer and
schedule is also inserted into internal and external newsletters distributed by HRDC.
Pre-Purchase Counseling,Buyer Qualification, Qualified Pool,Marketing,and Record Keeping
Pre-purchase counseling:HRDC's HUD-certified counselors will provide pre-purchase counseling
on an individual basis to all persons interested in becoming buyers qualified to purchase a home
using City and other related programs. HRDC's pre-purchase counseling will help potential buyers
better understand their specific home buyer readiness and identify any barriers to successful
and sustainable home ownership.HRDC will assist potential buyers with budgeting,credit, home
search, financing,low-interest loan and other subsidy programs,home care and maintenance,
purchase procedures,closing, RESPA, loan document review services, terms, and other necessary
aspects to purchasing ahome.As part of the initial counseling session,HRDC will provide all
participants in the counseling session with HUD required materials and disclosures.
Buyer Qualification: During pre-purchase counseling, HRDC will evaluate potential buyers for
eligibility for possible down payment assistance and secondary lending opportunities which may
be available locally through the City of Bozeman's Community Housing Program and the HOME
Program Homebuyer Assistance Program in partnership with the Montana Department of
Commerce.
Qualified Home Buyer Pool:HRDC will maintain a pool of potential qualified home buyers for
income brackets as agreed upon with City staff upon review of potential projects. HRDC will
433
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 13 of 14
notify qualified potential buyers of new home ownership opportunities as they are made
available and work with developers of housing to help them understand the needs and
resources of households on the list. HRDC will also partner with developers and builders to
develop affordable housing plans for submittal to the City.
HomeKeeper System Management, Maintenance, and Data Sharing
HRDC will provide and maintain a license for HRDC and the City to use HomeKeeper software (or
such alternate software program City consents to in writing)to track applicant eligibility data,
and demographics.City's license to use the software must allow the City to access information
related to the home buyers,and other records HRDC is required by this Agreement to provide
to the City that are stored in the software program. HRDC represents and warrants it has the
right under its software license for the City's use of the software as described in this Agreement,
and City's use will not infringe on the rights of any third party.
Loan Origination/Deed Restriction/Lien Documents
HRDC will provide trained professionals to work with local real estate agents, lenders, and title
agents to ensure that the home purchase process requirements of the Affordable Housing
Ordinance, including down payment assistance, is completed efficiently and in compliance with
program regulations. HRDC will provide services related to loan origination, deed restriction, and lien
documentation and recordation in accordance with City guidelines.
Monitoring and compliance
HRDC will provide monitoring for and verify homeowner compliance with the ownership
requirements for homes produced under the previous AHO and under related affordable
housing plans provided by developers, including use as primary residence and occupancy
requirements.HRDC will request homeowners provide documentation proving compliance on
an annual basis.
Deed Re-conveyance/Subsidy Recapture at Resale
Upon a recapture or re-conveyance event as described in the City's recorded lien documents,
HRDC will work closely with homeowners,lenders,realtors,and title agents to ensure that all
the terms of the loans are met and a payoff amount is calculated,collected, and understood by
all parties.Copies of the finalized documentation will be sent digitally to the City’s
representative for review.Funds obtained by HRDC in performing the recapture process
described in the AHO and Manual will be transferred to the City within 90 days of receipt by
HRDC.
Community Development Director staff time (approximately 200 hours/year)
HRDC’s Community Development Director (CDD) works closely with City staff to provide additional
capacity regarding affordable housing best practices and updated program guidance. The CDD helps
staff to respond to inquiries from developers of subsidized and market rate housing,
provides technical assistance to housing developers and non-profits, and assists citizens
434
Professional Services Agreement in support of the Community Housing Program FY 2023
Page 14 of 14
seeking affordable housing resources with information and access to services. The CDD also
works to build a more sustainable community by focusing on the relationships between
affordable housing, economic and workforce development, and transportation systems
within the city.
Record Keeping and Reporting:
HRDC will provide the City with the following records and reports within the following timeframes.
HRDC may also make the records available to the City Representative in the HomeKeeper or other
tracking software it provides under this Agreement. Records and reporting requirements may be
adjusted by the City in writing.
1. Recapture documentation, including each recapture due, payment by the homeowner, and
transfer of the payment to the City – Quarterly
2. Reporting and invoices for services rendered – Quarterly
Number of Home Buyer Education classes
Number of participants in Home Buyer Education classes
Number of pre-purchase counsels
All other activities performed under PSA
3. Documents evidencing Owner Occupancy of Affordable Homes will be stored in Homekeeper -
Annually
435
Memorandum
REPORT TO:City Commission
FROM:Mike Gray, Facilities Superintendent
Jon Henderson, Strategic Services Director
SUBJECT:Authorize City Manager to Sign Professional Service Agreement with Dust
Bunnies Inc. for Janitorial Services at Public Safety Center
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Professional Service Agreement with Dust
Bunnies Inc. for Janitorial Services at Public Safety Center
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:City is completing the construction of new Public Safety Center that will
house the Police Department, Fire Department, Municipal Court, members
of the City Attorney’s Office, members of the IT and Facilities Divisions. The
City has made a major investment in this Best in Class facility, janitorial
services are required to ensure this asset is maintained in the best possible
condition for the Public and all City departments located at the Public Safety
Center.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funds allocated in the approved budget for Facilities for these services.
Attachments:
Professional Service Agreement - Dust Bunnies Inc - Janitorial
Services.pdf
PSA Exhibit A Scope of Work - Dust Bunnies Inc - Janitorial
Service.pdf
Report compiled on: August 11, 2022
436
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of August, 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, Dust Bunnies Inc., 264 Coral Drive, Belgrade, MT 59714,
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 31st day of August, 2028, 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:
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,
437
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 2 of 11
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 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.
438
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 3 of 11
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, 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
439
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 4 of 11
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.
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
440
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 5 of 11
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
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. Performance and Payment Bonds:
The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City
each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
9. 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.
441
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 6 of 11
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.
10. 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 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
442
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 7 of 11
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 Mike Gray, Facilities Superintendent 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 Jeff Jacks 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.
443
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 8 of 11
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.
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
444
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 9 of 11
(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.
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:
445
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 10 of 11
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.
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
446
Professional Services Agreement for Janitorial Service at Public Safety Center
Page 11 of 11
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.
**** 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 Dust Bunnies Inc.
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
447
EXHIBIT A
448
City of Bozeman Janitorial Services Citywide
Job Specifications & Definitions All work required under these specifications shall be in compliance with and meet industry standards.
Product manufacturers' instructions shall be followed, and only the proper product will be used for the task.
The Owner, at its option, may review the techniques employed by the Contractor, and require alternative methods if determined necessary. Administration
• The Contractor will be notified of any errors or omissions when identified by the Owner. The Contractor will remedy the problem in a timely fashion. Periodic meetings, (at least quarterly), will be scheduled to review the performance of the Contractor and to resolve any items of concern to either party. Cleaning times will be established at the beginning of the contract term.
• In the event a dispute arises between what is expected by the Owner and what is expected by the Contractor, representatives of both entities shall meet in an attempt to resolve the issue. In instances where an acceptable resolution cannot be attained, the Owner's position shall prevail.
• The Contractor will supply the Owner with an annual calendar outlining the approximate dates for the quarterly, semi-annual and annual tasks. Notification of scheduling for monthly, quarterly, semi-annual and annual work items shall be submitted to the Owner at least one (1) week prior to performance of the work.
• The Contractor will notify the Owner of any maintenance related issues beyond the scope of the contract. Such things as burned out lamps, vandalism, plumbing related problems or leaks, broken electrical receptacles and other building related problems that might hinder the Contractor from the
efficient completion of their work.
• The work frequencies shown in Attachment A, Frequency and Work Schedules, are minimum criteria. Additional work in some areas may be required in order to maintain the generally agreed upon standards for all buildings.
Supplies and Equipment
• The Contractor shall perform all work as specified. Products for Institutional and Commercial use as specified by the manufacturer will be properly stored and handled, following manufacturer's
instructions. Contractor acquired chemicals or products stored in any Owner buildings are required to have a Safety Data Sheets (SDS) on site at all times.
• The Contractor shall furnish all equipment and labor as specified for completing the work.
Equipment shall be suitable for operation from existing electrical sources furnished by Owner.
Equipment considered by the Owner to be improper or inadequate for the purpose will be removed from the job and replaced with satisfactory equipment by the Contractor.
• For those buildings with specific cleaning requirements, such as green cleaning products, the
Contractor agrees to use only approved products.
449
• The following institutional/commercial equipment at a minimum will be deemed acceptable:
o Floor scrubber.
o Commercial (heavy-duty) vacuum. o Commercial Shop Vacuum.
Owner Equipment and Supplies
• Owner equipment will not be made available to the Contractor. The Contractor shall provide all of the necessary equipment for performing the work in the Janitorial Agreement.
• For those custodial products provided by the Owner, (paper products, hand soap, trash bags,
etc.), the Contractor will keep an accurate inventory of products on hand. Contractor shall be
responsible for placing restock orders to maintain inventory levels. Owner shall approve all orders placed by Contractor.
• It shall be the Contractor’s responsibility to ensure that an adequate supply of these products is
readily available in each of the restrooms.
• Funds from the coin operated feminine products dispensers will be used to replace required
product.
Maintenance of Equipment
• All tools and equipment used in the janitorial services shall receive proper care and maintenance and be kept in a good operating condition. All equipment shall be equipment with operable
approved safety devices. Storage Areas and Traffic Areas
• Storage Areas and Traffic Areas – If storage areas are provided to the Contractor by the Owner,
the Contractor shall be responsible for the security, orderliness, and cleanliness. These facilities
are subject to Owner inspection at all times. The Owner will not be responsible in any way for the Contractors supplies, materials, equipment or personal belongings that may be damaged or lost by fire, theft, accident or otherwise.
• All Contractor supplies, equipment and machines shall be kept out of traffic lanes or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period.
Contractor’s Log
• Contractor shall maintain a daily log for each building showing the following information:
o Date
o Name of Contractor employee(s). o Tasks completed during shift. o Note any security concerns or abnormal concerns:
Unlocked doors
Unauthorized entrance or exit
Non-employed personnel in the building
Paraphernalia found in buildings.
450
• Items that requiring repair and maintenance by Owners Staff.
• Contractor supervisor shall conduct a weekly inspection of the buildings serviced under this contract and shall complete and sign the weekly inspection form provided by the Owner, certifying that the work has been performed in compliance with contract documents. Inspection sheets will be
available for inspection at all times.
Complaints
• Owner will be responsible for written documentation of complaints received regarding the service provided, forwarding any notice of deficiency in a timely manner. Contractor shall be
expected to respond to the notice of deficiency at the earliest possible date. Services found to be
incomplete, defective or not accomplished as scheduled will be reported to the Contractor for appropriate corrective action. If the existing problem constitutes a hazard or unsafe condition, corrective action shall be immediate, and at no additional expense to the Owner. Otherwise the Contractor shall take corrective action during the next work period. Repetitive nonconformity in
any-one area or consistent overall nonconformance to workmanship and standards may result in
termination of the contract and/or other punitive action as deemed necessary by the Owner.
• Owner at its discretion may reduce payments for unsatisfactory work.
Personnel
• Owner requires that an accurate listing of personnel serving in each of the buildings, including name, work history and residency for past three (3) years, upon request. Any changes in
personnel must be immediately reported to the Owner prior to their performance of any work.
The Owner may require use of photo id badges issued by Owner. Training and Safety
• Contractor shall be responsible for instructing and training their personnel in safe, proper and
specified work methods and procedures. They shall direct, schedule and coordinate all janitorial services and functions to completely accomplish the work as required by contract and as specified herein. The Contractor’s manager shall on occasion or as requested by the Owner, provide inspection and supervision of the work performed.
• Security Training: It will be the responsibility of the Contractor to make sure all their staff is current on any City required security training that is required in specific City facilities. An example of this would be CJIN training.
• City & Personal Property of City Personnel: Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as telephones, radios, copy machines, computers, fax machines, calculators etc., which may be in any of the City facilities. The Contractor shall be responsible to see that Contractor’s employees do not disturb
papers on desks, tables, or cabinets and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end of each shift to the Contractor’s supervisor. The supervisor shall return the item(s) to the City’s Facility Superintendent within (24) hours.
• Telephones: Shall not be used by the Contractor or its employees for personal or business
451
reasons with the following exception(s): to report need of emergency medical aid, fire or need of
law enforcement (use ‘8-911’). Any calls to numbers other than those above will be considered
a violation of this contract.
• Smoking is prohibited in building and only in designated smoking areas if applicable.
Modifications
• The Owner reserves the right to make additions or deletions to areas being serviced, the types of service and/or the scheduled frequency. The Contractor and Owner will adjust the pricing accordingly. Building Security
• It shall be the Contractor’s responsibility to ensure that the buildings and offices are secured while performing their duties. Contractor shall not open doors after scheduled closing times to allow public in buildings. Unnecessary lighting should be turned off to conserve energy.
• Contractor shall verify that all exterior doors that they access while performing their duties are secure when not in use.
• Owner will strictly control all keys to Owner facilities. Contractor shall keep all keys/fobs on site with the exception of exterior door keys/fobs if authorized. Contractor will be liable for the cost of re-keying in the event a key issued to the Contractor is lost. Lost keys should be immediately be reported to Owner.
Emergency Call-Out
• In the event of an emergency, the Contractor may be requested to provide immediate assistance in clean-up. This work shall be performed at a cost not greater than one and one-half times the
standard hourly rate.
Hours of Work
• The work under this contract is to be performed during non-business hours, preferably between closing and midnight, unless directed by building Point of Contact. The Contractor shall not
disrupt the normal daily business while performing their services. The Contractor is expected to
work on scheduled days determined by daily cleaning schedules.
• Contractor will have action plan in place to ensure daily cleaning schedules are not impacted in
event staff are not available for work. Action plan will be available to Owner upon request.
Floor Cleaning and Maintenance Floors will be cleaned and maintained as specified below for each floor care operation. The janitorial services will be accomplished as specified and as required by the frequency schedule and
the approved work schedules.
• Vacuuming or Sweeping: Carpeting will be vacuumed and "spot cleaned" as required. Sweeping of asphalt tile, vinyl tile, rubber tile or ceramic tile floors must be accomplished in accordance with the frequency schedule. Care must be taken during these processes to ensure that all floor areas are
cleaned including, but not limited to, under desks, and that the dirt is simply not transferred to
452
corners. Any furniture, chairs, waste baskets, etc., moved to accommodate these processes will be
returned to their original locations. In most buildings high traffic carpet areas are cleaned on a
schedule basis. The schedule will be coordinated with the Contractor so that other cleaning activities can still occur.
• Damp Mopping: Floors, including stairways and landings will be damp mopped to remove dirt that
remains on the floor surface and cannot be removed by sweeping or dust mopping. Damp mopping
will not begin until after the floor has been thoroughly swept and loose soil has been removed. If there are any employees or members of the public in the building at the time of damp mopping, the appropriate "Caution, Wet Floor" signs shall be provided by the Contractor and posted until the floor is dry.
• Light Waxing: Heavy traffic floor areas (entrances, lobbies, corridors, etc.) and those floors subject to excessive wear, will receive a very light coat or application of wax and be buffed to a uniform sheen at least once a month, and more frequently if determined necessary. Any wax residue on wall bases or unmovable furniture will be removed. This process is to be completed in conjunction with
buffing.
• Scrubbing: A floor that is satisfactory or acceptably scrubbed is without embedded dirt, cleaning solution, film, stains, marks or water. Floors, except restrooms, will be scrubbed only when they
cannot be cleaned satisfactorily by damp mopping or if the flooring materials specifically calls out the cleaning of the floor with a machine scrubber.
• Wax Removal: Wax removal will be accomplished by applying a stripping or wax removing
solution in warm water over the entire floor area exactly as recommended by the manufacturer of the product, to loosen embedded dirt and wax. Residue along floor edges near wall base, immovable furniture, equipment and in corners will be removed manually.
• Waxing and Buffing: As soon as the wax removal has been satisfactorily accomplished, the floor
will be waxed and buffed. A satisfactory or acceptable floor finish has a thin, even coating of wax. Floor will be clean and bright, under furniture as well as in other areas. Do not apply wax within six inches from walls or legs or bases of unmovable furniture. Dusting and Miscellaneous Cleaning A satisfactory or acceptably dusted surface is free of all dust, dust streaks, lint, cobwebs, dirt, or oily streaks. The dust must be removed completely, not scattered around.
• Low Dusting: Includes surfaces less than six feet from the floor, which may include, but may not
be limited to, ledges, support braces, window sills, doors, stair rails, chair rails, base boards. Typewriters, computers, business machines, consoles, plotting boards and equipment of similar nature will not be dusted. No desks are to be included in individual offices, except by specific request, but reception areas, common area tables and desks, (such as those in the library or reading areas in various city buildings), will be dusting on the regular schedule.
• High Dusting: High dusting includes areas over windows and doors, overhead pipes, exposed ducts, ceilings and walls which are six feet or more from the floor. High dusting will be performed before floors are cleaned and before low dusting is undertaken.
• Dusting Heating and Air Conditioning Equipment: All accessible portions of unit heaters, air
453
conditioning grills, convectors, diffusers, fans, ceiling vents and radiators will be dusted or
vacuumed. If the grills cannot be cleaned by dusting or vacuuming, they shall be removed and
washed.
• Entryway and Vestibules: Areas around all exterior entryway doors will be swept free of all
gravel, dirt, sand, sticks, and debris for a minimum of 10 feet from the entrance door in order to
minimize the amount of material tracked into the building. The Contractor will not be responsible for the removal of snow or ice. Restrooms Acceptably clean restrooms have a clean and bright appearance and no objectionable odors.
Disinfectant shall be used on all surfaces and fixtures on a daily basis.
• Restroom Floor Cleaning: Restroom floors will be (if concrete, tile, or vinyl) swept and scrubbed
once a day. The immediate areas around urinals will be well scrubbed, using an all-purpose
detergent with a small amount of disinfectant. This process will result in thorough removal of soiling with no residue left in joints, crevices or corners.
• Toilets: When cleaning the bowls, wash and wipe bowl inside and out. If deposits are difficult to
remove, use appropriate cleaning methods to remove deposits. Wash seat, top and bottom with detergent solution, and wipe dry. Wipe tank and cover or flush mechanism and hardware with clean, damp cloth.
• Urinals: When cleaning the urinals, wash and wipe inside and out. If deposits are difficult to
remove, use appropriate cleaner and method to remove deposits. Care must be taken to ensure that the underside of the urinal fixture rim and holes in the bottom and back of all urinals are cleaned.
• Sinks: A satisfactory or acceptably clean sink is free of grease, dirt, soap film and streaks. Chrome
plated hardware will be cleaned with a clean, damp cloth.
• Deodorants and Disinfectants: Various types of disinfectants will be used on toilet bowls, floors, partitions and similar fixtures as necessary. Solid crystal deodorants will not be used in urinals.
Proper cleaning and ventilation eliminates the need for deodorants in toilet rooms.
• Toilet Room Walls, Partitions and Woodwork: The accumulation of dirt on walls and partitions will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be
free of film streaks, deposits and soiling. A disinfectant shall be used as necessary.
• Shower Stalls: The accumulation of dirt on floors and walls will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be free of film streaks, deposits and
soiling. A disinfectant shall be used as necessary.
• Toilet Room Dispensers: Paper towels, toilet tissue and soap dispensers and feminine hygiene dispensers will be checked and refilled daily. An adequate daily supply of materials will be kept
available.
• Waste Baskets and "Special" Waste Baskets in Women's Restrooms: Waste baskets in all restrooms
454
will be emptied daily into the main receptacle, immediately prior to emptying of the main receptacle
into the outside dumpster.
Miscellaneous Cleaning and Maintenance
• Drinking Fountains: All drinking fountains will be cleaned daily. Appropriate cleaners shall be
used when cleaning surfaces to ensure no damage occurs, while removing water spots and stains.
• Kitchen/Breakrooms: Pick up trash, empty all waste receptacles, reline receptacle with liner. Clean
countertops, tabletops, chairs, and sinks. Stock paper products if needed, spot clean front of
cabinets and major appliances. Clean in-side of microwave ovens if present weekly.
• Glass Cleaning: All glass will be cleaned with a mild glass cleaning solution. Adjacent trim will be wiped clean with a damp cloth where soiled by spillage or by smears in the glass cleaning
operation.
• All glass, including mirrors, glass cabinets, display cases, and partitions (glass or plastics) will be cleaned in accordance with the frequency schedule.
• All glass windows and doors will be spotted and cleaned in accordance with the frequency schedule.
• Spot Cleaning: Walls, wainscoting, doors and trim will be cleaned when necessary to remove
small or spot areas of dirt, grease stains or friction marks. Care will be taken to perform spot cleaning without damage to the surface finish and to provide an overall uniform appearance substantially free of cleaning marks after spot cleaning.
• Cleaning and Polishing Furniture in Public Areas: All finished surfaces will be cleaned and receive an adequate application of furniture polish to remove dirt, and leave a gloss or sheen. Polish shall not leave surface oily, sticky, or injure varnish and enamel. All furniture, metal, wooden or upholstered, will be free of all wax, scuff marks, water marks and cobwebs. Metal surfaces will be
cleaned. Care must be taken not to damage the finished surfaces.
• Emptying and Cleaning Waste and Recycling Receptacles: The main waste receptacles and recycle receptacles in common areas will be emptied daily and deposited in collection containers provided
for that purpose. Receptacles will be kept free of deposits, dirt streaks, and odors. Individual office
recycling and trash receptacle will be emptied by staff members. Contractor will supply trash bags for office trash receptacles. The common office paper recycling and cardboard storage containers will be emptied as needed or at least every other week and deposited in the collection containers provided for that purpose on site.
• Blinds: All blinds in compliance with the attached schedule. Acceptably clean blinds will be free of dust, dirt, deposits and film. Paint coatings, plastics and fabrics will not be damaged.
• Light Fixtures: All exposed light fixtures and accessible components including lenses, louvers and housings, will be cleaned with a clean damp cloth and appropriate cleaners. Lenses shall be removed once a year to remove dead flies, bugs, etc. and to clean the inside of the lens. Burned out
455
lamps will be documented in the weekly report.
• Cleaning Mats: All entrance mats will be vacuumed daily. All dirt and dust deposits underneath the mats will be removed and the mats replaced after cleaning.
• Ash Trays/Receptacles: All ash trays/receptacles will be emptied on a weekly basis or more often
as need.
456
Building: Public Safety Center
Location: 901 N. Rouse Avenue
Size of Building: 86,250 square feet
• 1st Floor Area A
o Common Areas
o Police Department Office Space
• 1st Floor Area B:
o Internal Secure Common Area, Gym, Restroom:
o Police Department Offices, Sally Port, Evidence, Fire Department Work Areas
• 1st Floor Area C:
o Fire Department Truck Bay
• 1st Floor Area D:
o Common Areas
o Fire Department Office Space
o Fire Department Living Quarters
• 2nd Floor Area A:
o City Attorney, Municipal Court, and Victim Services Office Space. Court Room’s A, B, & C
• 2nd Floor Area B:
o IT Office Space, Training Room Area
o Police Locker Room, and Bunk Room
• 3nd Floor Area A & B:
o Facilities Office Space
o Mechanical Spaces, Janitorial Equipment Storage
Public Hours of Operation: Monday – Friday, 8:00am to 5:00pm
Internal Operations for Police Department & Fire Departments are 24/7
Additional Information: Additional evening meetings could be scheduled in community room for
afterhours use during the week.
Building shall be cleaned 5 nights per week, Monday thru Friday. Work should be performed after
normal business hours.
Scope of Service & Frequency
Public Safety Center
Item Performance Requirements Timeline S M T W T F S
1 Maintain Required Records Daily X X X X X
2 Common Areas/Reception Areas –Both
Public and Staff Areas
Polished Concrete Floors: Floor Scrub
nightly or dry mop & wet mop
Vacuum carpeted areas, including entry
area mats
Daily X X X X X
Sweep hard floors including entry areas,
and common area stairs
Daily X X X X X
457
Wet mop hard floors with cleaner
including under mats. This includes any
common area stairs.
Daily X X X X X
Pick up trash, empty all common area
waste receptacles, place liner in
receptacle, pick up trash
Daily X X X X X
Empty recycling receptacles, place in
large building containers or take to
dumpster enclosure
Weekly X
Clean entry glass – inside and out,
(weather permitting)
Daily X X X X X
Spot clean interior glass, light switches,
doors, door frames, general areas as
needed
Daily X X X X X
Disinfect and polish drinking fountains Daily X X X X X
Dust and spot clean glass display cases Weekly
Dust and wipe chairs, desks, tables,
counters, artwork, reachable partitions
Weekly
Clean and polish furniture in public
areas
Monthly
Clean all glass furniture and display
cases in public areas (horizontal and
vertical)
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Spot clean carpet As Needed
High Dusting Monthly
3 Public Restrooms
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
4 Staff Restrooms/Shower Rooms
458
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall, include
walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
5 Police Locker Room
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall, include
walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
6 Police Evidence Restroom Rm 142G
Follow Standard staff restroom cleaning
procedure. This cleaning will require a
police department escort and will need
to be scheduled during normal business
Monthly
459
hours. **If City has custodian staff for
building they will perform this task**
7 Sally Port Rm 140
Floor scrubbing Inspect/Clean
8 Breakroom/Kitchen
Sweep, scrub, wet mop, hard floors Daily X X X X X
Clean counters, table tops, and sinks Daily X X X X X
Wipe clean tables and chairs Daily X X X X X
Spot clean front of cabinets and major
appliances
Daily X X X X X
Pick up trash, empty waste
receptacle(s), place liner in
receptacle(s)
Daily X X X X X
Vacuum carpeted areas if applicable Daily X X X X X
Empty recycling receptacles, place liner
in receptacle, place in large building
container or take to dumpster
enclosure
Weekly X
Stock paper towel and soap dispensers As Needed
Low Dusting Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Clean Microwave Oven Monthly
9 Office Areas
Vacuum in offices, move chairs as
needed
Weekly
Fully clean all interior windows and
glass doors
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills in
offices and open areas
Monthly
10 Court Rooms
Vacuum carpeted areas, inspect & clean Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Dust and wipe tables, judge hard
surfaces
Daily X X X X X
Dust and wipe chairs, bench, railings Weekly
Spot clean light switches, doors, door
frames, general areas as needed
Daily X X X X X
11 Elevator/Stairways
Vacuum carpeted areas if applicable Weekly
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Spot clean and wipe interior/exterior
panels
Weekly
Wipe and disinfect hand railings Daily X X X X X
460
11 Gym Daily X X X X X
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Spot clean light switches, doors, door
frames, general areas as needed
Daily X X X X X
**Equipment will be user cleaned**
12 Miscellaneous
High dusting Monthly
Fully clean interior side of all exterior
building windows, reachable from the
ground or with a hand extension
Quarterly
Lights fixtures Annual
Special Instructions:
• The follow areas are NOT to be included in the janitorial services; these areas are the
responsibility of the City Departments in those areas.
Room’s: 107,123, 124, 129, 142, 142C, 142B, 142D, 142E, 142F, 144, 146, 146B, 146C, 148, 148A, 148B,
152, 152A,154, 154B, 154C, 154D, 156, 156A, 160, 160A, 160B, 160C, 160D, V160, 161, 162, 162A, RR-
162, RR-161, RR-163, 164, RR-165, 166, 167, 168, 169, 170, V-170, 171, 172, 174, 176, C-180, 181, 183,
270, 271, 272, M-301, M-305, M-307, 308
• No Cleaning required for Police metal detector in L-100
• Rm 110J will be floor cleaning only
• Corridor’s on 3rd floor will be floor scrubbed on a as needed basis
• Areas’ with detailed cleaning requirement can be inspected and cleaned if not used since last
cleaning cycle
• Some flooring has special cleaning instructions that will be provided.
Other Services
The City’s designated contact will coordinate and schedule with Contractor work outside scope of
contract.
Provide hourly rate for special cleaning needs during normal cleaning
hours
Provide hourly rate for emergency call out
461
462
463
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a First Amendment to the Agreement
with Desman Engineering Dated April 26, 2022 for a Maintenance Manual
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to signed a First Amendment to the Agreement
with Desman Engineering dated April 26, 2022 for a maintenance manual
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:In June, Desman Engineering came for a site visit to tour and assess the
maintenance needs of the Bridger Parking Garage. Based on that
assessment, Desman provided the City with a maintenance manual for the
garage. In the manual, Desman identified several items that required
immediate attention from city staff. This amendment would allow the City to
contract with Desman engineering for the design work on the key items
which will require engineering design to complete.
UNRESOLVED ISSUES:No Unresolved
ALTERNATIVES:Alternatives as proposed
FISCAL EFFECTS:As outline in the Scope of Work, in the budget
Attachments:
First Amendment to the PSA with Desman Design
Management for Parking Garage Maintenance Manual.pdf
Report compiled on: August 11, 2022
464
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 1 of 6
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
A Parking Garage Maintenance Manual dated April 26th, 2022 (the “Agreement”) is made and
entered into this 23rd day of August, 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 Desman
Design Management, 7900 East Union Ave Suite 160, Denver, CO 80237, 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. Scope of Work. The Scope of Work is amended to include the scope outlined in Appendix
A for design services related to the Bridger Parking Garage Maintenance Manual.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
465
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 2 of 6
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA DESMAN DESIGN MANAGEMENT
By________________________________ By_____________________________
Jeff Mihelich, City Manager Hoshi Engineer, Vice President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
466
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 3 of 6
APPENDIX A
August 11, 2022
Mr. Mike Veselik
Economic Development Specialist
Economic Development Division
City of Bozeman
121 N. Rouse Avenue
Bozeman, MT 59715
Re: Bridger Parking Garage Testing and Construction Documents Bozeman, MT
Dear Mr. Veselik:
DESMAN is pleased to submit the following proposal for professional engineering services for
Construction Documents for the repair of the Bridger Parking Garage in Bozeman, MT. Following
is our Scope of Services and proposed fee to complete the project for the city.
SCOPE OF SERVICES A. TEST PROGRAM (Extensive Cracking in the Basement Slab
Ceiling)
1. Establish a test program and criteria to gain an understanding of the behavior of cracks
in the ceiling of the basement slab (first supported level slab). The cracking is
widespread and intense with some cracks ¼” in width. Some wider cracks have been
previously epoxy injected, but we need to understand their characteristics over time and
seasonal temperature variation.
2. Assist the city in contracting directly with a qualified a testing agency capable of
performing requisite concrete monitoring, including the installation of crack strain
gauges at appropriate locations to monitor horizontal movements and vertical
displacements at cracks. Test program should run through end of Spring 2023.
3. Travel to Bozeman if required, to discuss the test program with the city and testing
agency.
4. Fee for the repair program will be determined based on the test results.
467
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 4 of 6
5. Note: In the interim we recommend shoring the ground level supported slab to
basement slab-on-grade below, between grids B to C and from lines 3 to 10 in a manner
that will allow circulation and retain as much parking as practical. Shoring shall
distribute loads to the basement floor slab in a uniform manner without exceeding the
capacity of the grade slab or the soils.
B. CONSTRUCTION DOCUMENTS FOR REPAIR OF CONCRETE
COMPONETS AND MISCELLANEOUS ITEMS WITHIN THE GARAGE
6. Develop drawings indicating locations and extent of the remaining garage repairs,
including beams, slab, spandrels, columns, concrete block and brick walls, and barrier
cables. Repair and maintenance items may be noted for phased construction as
applicable.
7. Develop fencing details in selected bays on south perimeter of the garage to screen
utility poles.
8. Develop repair details for the conditions noted on the drawings.
9. Provide technical specifications for work items, repair procedures, defined products,
testing requirements for materials during construction, and warranties.
10. Develop a bid proposal form describing the repair and maintenance work with
estimated quantities formatted for payment based on a lump sum or unit price basis, as
applicable.
11. Provide construction administration services over a four-months including two site
visits to monitor the progress and quality of construction. Follow up site visit with field
report.
Drawings and specifications will be compiled and sent electronically in PDF format to the city for
distribution to the prospective contractors. DESMAN will remain available after the bid
documents have been distributed to provide written responses and clarifications to bid questions,
prepare addendums to bidders incorporating any changes or clarifications which arise, and other
project related assistance as needed while contractors prepare bids.
In conjunction with the city, DESMAN will review bids received from prospective contractors for
completeness and adherence to the bid form. It is anticipated that the city will compile a list of
qualified contractors and invite them to bid on the project.
FEE PROPOSAL
DESMAN proposes a lump sum labor fee of $44,000 to complete the Scope of Services presented
above as follows:
Test Program $ 5,000
468
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 5 of 6
Construction Documents $ 33,000
Construction Administration $ 6,000 ($1,500 per month over four months)
Total: $44,000
Reimbursable expanses for travel, copying, printing and reprographics are in addition to the labor
fee and estimated to be $3,000 for three trips to Bozeman. As is always the case, our
reimbursable expenses will be billed at cost with no mark up.
SCHEDULE
We are available to proceed with the above services within 3 weeks of approval of the proposal.
We will need about 3 to 4 months to complete the construction documents., although the test
program could be implemented as soon as possible.
Hourly Billing Rates
Following are our current hourly rates by personnel classification for additional services requested
by the city not outlined herein:
Employee Classification Hourly Rate
Project Manager $190.00
Senior Engineer/Architect/Planner $180.00
Engineer/Architect/Planner
$170.00
Valid through December 31, 2022
CLOSURE
On behalf of DESMAN’s team of professionals, we thank you for this opportunity to submit the
enclosed technical and fee proposal. Should you have any questions or concerns regarding this
submission, please do not hesitate to contact me. We look forward to working with you one again
on this project.
Sincerely,
DESMAN Inc.
Hoshi Engineer, PE, SE
469
First Amendment to Professional Services Agreement for a Parking Garage Maintenance Manual
FY 2023
Page 6 of 6
Vice President
Maintenance items for the city:
Mechanical:
• Test the garage ventilation system (Item 13 of the staffing manual)
• Replace & protect missing or broken fire extinguishers (item 14)
The mounting heights need to be 48” for ADA accessibility. It appears that the cabinets are both
damaged by vehicles (snowplows) and also vandalized. Relocating the cabinets out of drive lanes
and snowplow lanes - locate them close to walk doors will help with the damage issues. About
the best thing the city can do for the vandalism is to install a security camera at each box and then
link the extinguisher to the building fire alarm system. If the extinguisher is used, the fire alarm
system activates.
Electrical:
• Test the Emergency Egress Lighting (item 10b).
• Check the heat trace (item 10c).
The above maintenances could be performed by a qualified MEP service contractor directly
contracted by the city to minimize cost.
470
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional
Services Master Task Order Agreement with Morrison Maierle, Inc. Providing
for On-call Pretreatment Program Engineering Services for the Water
Reclamation Facility
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute Amendment No. 1 to the
Professional Services Master Task Order Agreement with the firm of
Morrison Maierle, Inc. providing for on-call pretreatment program
engineering services for the Water Reclamation Facility.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:Water Reclamation Facility (WRF) staff are responsible for implementing the
City’s pretreatment program required under the WRF discharge permit. The
pretreatment program locally regulates industrial discharges into the City’
public sewer collection system and must be approved by the EPA. The
attached Amendment No. 1 to the Professional Services Master Task Order
Agreement (PSA) with Morrison Maierle extends the term period of the PSA
by two years to June 30, 2024. This amendment is necessary to keep
Morrison Maierle under contract to assist WRF staff in implementing the
pretreatment program as consultant services needs arise.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The approved FY23 WRF operating budget contains $10,000 for
pretreatment program contracted services. Adequate funding exists for this
contract extension. Should program on-call needs arise calling for
professional services anticipated in excess of $5,000 on a task-specific basis,
a Task Order will be presented to City Commission for approval to authorize
this work. On-call items of a minor nature, which are considered to be under
this $5,000 threshold, will be administratively managed within the available
fiscal budget.
471
Attachments:
Amendment 1 to Master TO PSA w MM.pdf
Report compiled on: August 10, 2022
472
Amendment No. 1 to Professional Services Master Task Order Agreement
for WRF Pre-Treatment Program On-Call Services
THIS AGREEMENT is made as of this day of , 2022,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as “City” and Morrison Maierle, Inc. of Bozeman, Montana, herein referred to as
“Contractor”.
WHEREAS, the parties have entered into a Professional Services Master Task Order
Agreement dated August 12, 2019, herein referred to as the “Original Agreement”, for Pre-
Treatment Program on-call services for the City of Bozeman Water Reclamation Facility.
WHEREAS, the parties desire to amend the provisions of the Original Agreement as
contained within this Amendment No. 1.
Entirely replace Part 2. Term/Effective Date with the following:
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will expire on June 30, 2024 unless extended or terminated as specifically provided for
within this Agreement.
Entirely replace Part 30. Extensions with the following:
30. Extensions: This Agreement may, upon mutual agreement of the Parties, be
extended for a period of one fiscal year.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the Parties agree as follows:
Except as specifically amended herein, the Original Agreement shall remain in full force
and effect and the parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
473
CITY OF BOZEMAN
Jeff Mihelich, City Manager
ATTEST
Mike Maas, City Clerk
APPROVED AS TO FORM
Greg Sullivan, City Attorney
Morrison Maierle, Inc.
Travis Eickman, Vice President
474
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign Amendment 4 to the Professional
Services Agreement with Sanderson Stewart to Provide Construction
Administration and Engineering Services for the Griffin Drive and Manley
Road Street and Stormwater Improvement Project
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 4 to the Professional
Services Agreement with Sanderson Stewart to Provide Construction
Administration and Engineering Services for the Griffin Drive and Manley
Road Street and Stormwater Improvement Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Sanderson Stewart was selected to complete the design work for the Griffin
Drive corridor through the City’s professional services procurement process.
Sanderson Stewart has completed the pre-design and final design work for
this project, the contract was awarded, and construction began last
summer. This amendment covers ongoing construction contract
administration, inspection, and construction staking. The scope of work for
this amendment also includes several miscellaneous design tasks that were
either new tasks specifically directed by the City of Bozeman or tasks that
had unique design challenges that were unexpected during the development
of the original scope of work. A detailed breakdown of the services provided
under this agreement are included in the attached scope of work. The
proposed scope and fee have been reviewed by the City Engineering
Department and are commensurate with the work involved.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
475
FISCAL EFFECTS:The cost of these additional services total $135,945.00. This amount is
commensurate with the additional work involved on a this large and
complicated construction project. This work will be paid for from both the
Arterial and Collector District and the Street Impact Fee Funds, split between
Project Numbers SIF133-Griffin (7th to Rouse) Design and SIF110-Manley and
Griffin (Intersection Improvements) Construction.
Attachments:
Amendment 4 to PSA with Sanderson Stewart for Griffin
Drive and Manley Road Street and Stormwater Improvement
Project.pdf
Scope of Work for Amendment 4 for Griffin Drive and Manley
Road Street and Stormwater Improvement Project.pdf
Report compiled on: August 10, 2022
476
Fourth Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project
Page 1 of 2
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Griffin Drive Reconstruction Project dated October 28, 2019 (the “Agreement”) is made
and entered into this _____ day of ____________, 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,”
Sanderson Stewart, 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. Scope of services, rate schedules, and budget for design services are outlined in
Attachment “Exhibit A - Scope of Services.”
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
477
Fourth Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project
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 SANDERSON STEWART
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E.
Title: Principal
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
478
Exhibit A – Scope of Services
Griffin Drive and Manley Road – Street and Stormwater Improvements
Bidding and Construction Contract Administration Amendment #1
08/2/22
This amendment consists of the additional out of scope coordination and redesign work along
with the construction contract administration time for the increase in contract time as part of
Change Order 2. A detailed scope of services for these tasks is outlined below.
Phase 1 – Construction/Contract Administration
This phase of the project consists of contract administration and construction observation tasks,
including the following:
· Additional construction observation and documentation (originally assumed
observation for 10 hours each day and a 180-calendar day additional construction
contract, but the contract time has been extended to 270 days)
· Additional Site Visits by Engineer due to extended contract time
· Additional time responding to Contractor RFI’s due to extended contract time
· Additional time needed to review and process pay estimates and work changes
Phase 2 – Additional Project Coordination & Re-design
The following tasks were associated with additional work that was not anticipated to be included
in the original scope of work for Bidding and Construction Contract Administration.
· Project Management
o In general, there was a significant amount of miscellaneous coordination
during construction that often required daily coordination with Sanderson Stewart
staff, CK May and the City of Bozeman, beyond what was originally anticipated.
Weekly meetings to address right-of-way and traffic control issues were also
required.
· Design Changes to East End
o Update design linework and grading for curb walk retaining walls in
front of Trailer Court and Engbretson properties
o Prepare new plan production sheets for retaining wall updates
o Prepare retaining wall details
o Update design linework and grading for North Rouse Avenue
o Prepare new plan production sheets for North Rouse Avenue
o Provide change in quantities between original and revised design
o Prepare Change Order 2
· Electrical Permit Submittal to Building Department
479
· Phillips 66 Coordination and Approach Revisions
o Meetings with Phillips 66 to discuss approaches
o Prepared cost estimate of city improvements (concrete approaches,
storm structures, etc.) to the benefit of Phillips 66
o Running additional truck turning movements and preparation of
exhibits
· Lumen Coordination
o Add lumen utilities to cross sections to aid in timely relocation and
reduce construction delays
o Adjust Manley intersection linework and grading to avoid Lumen vault
o General email/phone call coordination and scheduling with Lumen
· Northwestern Energy (NWE) Power Pole Relocation Coordination
o Provided additional plan information to Bailey at NWE for pole
relocations
o General phone calls and emails to help stress the importance of NWE
getting relocations completed to keep the project on schedule
o Coordination on power pole location at North Rouse for changes to
design
o NWE service location coordination
· Exxon Coordination
o General coordination and emails with Mike McNally on approach
agreement
o Provide truck turning exhibit for temporary Exxon Evergreen approach
for approach agreement
· Daniel’s Meats Coordination and Re-Design
o Lower path in front of Daniel’s Meats to reduce fill slope distance
o Adjust ramp grades
o Adjust storm drain inlet location
· Median Width Changes
o Coordination with City on design change for median width and striping
reconfiguration
o Revise approach width and striping
o Send plans for review and coordinate with CK May
There were several other miscellaneous construction challenges that are considered part of the
original contract that are not included in this amendment, for example;
· Contaminated soil at Phillips 66
· Monitoring well coordination at Phillips 66
· Adjusting approach grades at Pacific Steel
· Managing coordination on hydrant depths
· Mark Norem topsoil concerns
480
· Sidewalk revisions at Rouse Avenue
· Additional communication with NWE on traffic control
· Trailer court mailbox relocations
· Traffic reports
· Power/light pole conflict coordination and investigation
Fees and Billing Arrangements:
Phase Fee
1. Construction/Contract Administration $98,415.00
2. Additional Project Coordination & Re-design $37,530.00
Total $135,945.00
Sanderson Stewart will bill for its services on a time and materials basis with a not to exceed
amount of the original contract amount of $359,055.00 plus $135,945.00 for this amendment
totaling $495,000. Sanderson Stewart shall submit invoices to the Client for work accomplished
during each calendar month.
481
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Community Development Director
SUBJECT:The Block 104 Zone Map Amendment Requesting Amendment of the City
Zoning Map for a City Block Bounded by Tamarack Street on the North, Front
Street to the East, Wallace on the West, and Aspen Street on the South
Consisting of Approximately 3.554 Acres and the Accompanying Adjacent
Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business
District – Mixed), Application 22100
MEETING DATE:August 23, 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 22100 and move to recommend
approval of the Block 104 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 owners, Wallace North, LLC, 810 N Wallace Ave, Unit B, Bozeman, MT
59715, Mike Speakman, 9010 Snowy Owl Lane, Blaine, WA 98230, and
Wachamoley, LLC, 3919 Rain Roper Drive, Bozeman, MT 59715, and
Representative Scott Baldesare, Jackadoo, LP, 1907 Pine Street, Philadelphia,
PA 19103 submitted an application to rezone a city block totaling 3.554 acres
from M-1 (Light Manufacturing) to B-2M (Community Business-Mixed). The
property currently hosts variety of existing buildings with multiple uses. No
future development plans or indication of future development plans were
submitted with the application.
The proposed change from M-1 to B-2M in building form and permitted uses
is considerable. However, during the development and adoption of the
Bozeman Community Plan 2020 (BCP 2020) the underlying Future Land Use
designation was modified from Industrial to Community Commercial Mixed
Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in
character over time. Although the existing zoning of M-1 is not an
482
implementing district of the CCMU future land use designation it does not
create a non-conformity or necessitate a change of zoning. A change of
zoning is at the request of the property owners.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
22100 Block 104 ZMA CC SR 8-16-2022.pdf
Report compiled on: August 11, 2022
483
Page 1 of 38
22100, Staff Report for the Block 104 Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on August 1, 2022 at 6:00 pm;
continued to August 15, 2022.
City Commission public hearing will be held on August 16, 2022 at 6:00 pm; continued
to August 23, 2022.
Project Description: The Block 104 zone map amendment requesting amendment of the City
Zoning Map for a city block bounded by Tamarack Street on the north, Front Street to
the east, Wallace on the west, and Aspen Street on the south consisting of
approximately 3.554 acres and the accompanying adjacent right-of way from M-1
(Light Manufacturing) to B-2M (Community Business District – Mixed).
Project Location: The property is block bounded by Tamarack Street on the north, Front
Street to the east, Wallace on the west, and Aspen Street on the south and more
thoroughly described as Block 104, Northern Pacific Addition to the City of
Bozeman, located in the Southeast One-Quarter (SE ¼) of Section 6, Township
Two South (T2S), Range Six East (R6E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Recommended Community Development Board 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 22100 and move
to recommend approval of the Block 104 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 22100 and move to approve the Block 104 Zone Map
subject to contingencies required to complete the application processing.
Report Date: August 4, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
484
22100 Staff Report for the Block 104 Zone Map Amendment Page 2 of 38
EXECUTIVE SUMMARY
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The owners, Wallace North, LLC, 810 N Wallace Ave, Unit B, Bozeman, MT 59715, Mike
Speakman, 9010 Snowy Owl Lane, Blaine, WA 98230, and Wachamoley, LLC, 3919 Rain
Roper Drive, Bozeman, MT 59715, and Representative Scott Baldesare, Jackadoo, LP, 1907
Pine Street, Philadelphia, PA 19103 submitted an application to rezone a city block totaling
3.554 acres from M-1 (Light Manufacturing) to B-2M (Community Business-Mixed). The
property currently hosts variety of existing buildings with multiple uses. No future
development plans or indication of future development plans were submitted with the
application.
The proposed change from M-1 to B-2M in building form and permitted uses is considerable.
However, during the development and adoption of the Bozeman Community Plan 2020 (BCP
2020) the underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time.
Although the existing zoning of M-1 is not an implementing district of the CCMU future land
use designation it does not create a non-conformity or necessitate a change of zoning. A change
of zoning is at the request of the property owners.
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.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260390&cr=1
485
22100 Staff Report for the Block 104 Zone Map Amendment Page 3 of 38
No public comment has been received by the production of this report.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on August 15, 2022 and forwarded a recommendation to approve the B-2M
zoning requests (4:1) to the City Commission.
One public comment was provided at the hearing.
A video recording of the meeting can be reviewed at the following link. The item begins at
time stamp 1:24:30.
https://bozeman.granicus.com/player/clip/345?view_id=1&redirect=true
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
486
22100 Staff Report for the Block 104 Zone Map Amendment Page 4 of 38
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 11
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 25
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 25
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 38
FISCAL EFFECTS ................................................................................................................. 38
ATTACHMENTS ................................................................................................................... 38
487
Page 5 of 38
SECTION 1 - MAP SERIES
Figure 1: Aerial Image from Application
488
22100 Staff Report for the Block 104 Zone Map Amendment Page 6 of 38
Figure 2: Vicinity Map (2021 image)
Subject
properties
489
22100 Staff Report for the Block 104 Zone Map Amendment Page 7 of 38
Figure 3: Current Zoning Map (2021 image)
R-2
Subject
properties
NEHMU
PLI
M-1
M-2
490
22100 Staff Report for the Block 104 Zone Map Amendment Page 8 of 38
Figure 4: Future Land Use Designations (2021 image)
Urban
Neighborhood
Community
Commercial
Mixed
Public Lands
Makers
Space
491
22100 Staff Report for the Block 104 Zone Map Amendment Page 9 of 38
Figure 5: Current Land Use (2021 image)
492
Page 10 of 38
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 the amended municipal zoning
designation of B-2M shall be identified as the “Block 104 Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Block 104 Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
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.
Advisory Comments
1. The applicant is advised that an existing 6-inch VCP sewer main is located in Aspen
Street. If the future development plans on utilizing the existing main, the main must be
upsized upon future development to City standard 8-inch main
2. The applicant is advised prior to Site Plan or Subdivision submittal to work with the
City's transportation engineer. This part of Bozeman is slowly redeveloping, however, the
applicant and the City will need to discuss future transportation needs in this area and the
long-term planning goals for both Front Street and Aspen.
3. If approved, with the final submittal, please extend the boundary of the B-2M district east
to the M-2 district so that there is not a sliver of M-1 between the two districts
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on April 27, 2022. The DRC identified infrastructure deficiencies and challenges
that may impede future development allowed by the B-2M zoning but not approval of the
application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on August 15, 2022 and will forward its
recommendation to the City Commission on the zone map amendment. The meeting will begin
493
22100 Staff Report for the Block 104 Zone Map Amendment Page 11 of 38
at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana.
Members of the public will also be able to participate remotely via WebEx. Instructions for
joining the WebEx 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 City Commission will hold a public meeting on the zone map amendment on August 23,
2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the
proposed Annexation and Zone Map Amendment application. Members of the public will
also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting
will be included on the meeting agenda which is published on the City’s website at least 48
hours prior to the meeting.
SECTION 4 - 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.
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.
Criterion 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
494
22100 Staff Report for the Block 104 Zone Map Amendment Page 12 of 38
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.
“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 is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
495
22100 Staff Report for the Block 104 Zone Map Amendment Page 13 of 38
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
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-2M district is an implementing district of the Community
Commercial Mixed-Use category.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020.
Most of the goals and policies are not applicable to this application. Relevant goals and
objectives have been identified by staff. Conflict with the text of the growth policy have not
been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
496
22100 Staff Report for the Block 104 Zone Map Amendment Page 14 of 38
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “The Community Plan Future Land Use Map designates this area as Community
Commercial Mixed Use (CCMU), which authorizes B-2M as an implementing zoning district.
This application shows how the proposed ZMA aligns with the effective Community Plan.
The area to be rezoned includes extensive frontage along five local streets: East Aspen,
North Ida, Front, East Tamarack and North Wallace. An East/West alley right of way bisects
the block. The land use pattern that can be created on such ideally served parcels would be
able to support a wide range of uses. These include restaurants, retail, offices, artisan
manufacturing, mixed-use development, and residential units, all within existing Bozeman
service boundaries and would be developed in close proximity to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
This mix of development at densities appropriate for a growing urban area is therefore
grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this
application fosters flexibility to address both current market trends and long term land use
goals for the subject property.”
The applicant continues to suggest numerous goals and objectives that are broadly served
with this application. Staff is in general agreement with the list but note a goals and objectives
are only marginally promoted by the application. These include:
Goal R-2.3 Make good financial investments that have the potential for economic benefit
to the investor and the broader community both through direct and indirect returns.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
N-2: Pursue simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,
residential development. Actions, staff, and budgetary resources relating to neighborhood
commercial development should be given a high priority.
N-3.1 Establish standards for provisions of diversity of housing types in a given area.
DCD-1.2 Remove regulatory barriers to infill.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit
497
22100 Staff Report for the Block 104 Zone Map Amendment Page 15 of 38
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters,
powered wheelchairs, etc.).
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
Tables 38.310.040, BMC detail permitted uses in each district. Without consideration of
future develop the intent and purpose of the proposed district is relevant. Section 38.300.110>C
states that the intent of the B-2M community business district-mixed, “is to function as a
vibrant mixed-use district that accommodates substantial growth and enhances the character
of the city. This district provides for a range of commercial uses that serve both the
immediate area and the broader trade area and encourages the integration of multi-
household residential as a secondary use. 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.”
See Appendix C for more information on permitted and special uses in the B-2M district.
No conflicts with the Growth Policy have been identified.
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 and land use requirements, which will ensure this criterion
is met. The change from M-1 to B-2M is not likely to adversely impact safety from fire and
other dangers.
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, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
The B-2M district allows residential use as a permitted use up to 100 percent of a building.
The proximity to active rail lines, industrial uses of storage, transportation, and manufacturing
of goods, and an Environmental Protection Agency Idaho Superfund site may create unique
498
22100 Staff Report for the Block 104 Zone Map Amendment Page 16 of 38
challenges to ensure the health and safety of future residence. Bozeman Idaho Pole Site
information. The property boundary is approximately 450 linear feet from the edge of the site.
The permissive nature of the B-2M district coupled with the applicant’s argument that
residential uses are further compliance with the zoning change, the applicants list of goals and
policies the application furthers
suggests residential component
will likely be a part of any future
development of the site. The
applicant does not reference the
context in which the application is
in.
The site is directly across the street
from the old Bozeman Depot rail
station and 130 linear feet from the
train track. According to Montana
Rail Link (MRL) approximately
20 trains per day pass through this
site with additional capacity
available on the tracks and about
32 percent of their shipment loads
are for coal. There is evidence that
links coal dust with adverse health
issues. Locating residential use in
close proximity to a rail line with
frequent coal trains may increase
the possibility of exposure to
known health risks.
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 Section 4,
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.
499
22100 Staff Report for the Block 104 Zone Map Amendment Page 17 of 38
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,
sustainability, 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 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. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed.
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.”
The aforementioned code section is important in this case. The site has development
restrictions due to inadequacy of existing transportation systems. Substantial street
improvements will be required with further development including right-of-way acquisition to
meet minimum City standards. In addition, there are existing constraints that will create unique
development challenges such. See advisory comments in Section 2 of this report.
Residential uses require parkland. It is undetermined where parkland and/or playgrounds
would be sited in this historically industrial area with limited appropriate open space and park
areas. Currently, the only open areas are in close proximity to the rail road and the superfund
site which may not be the most appropriate location for recreation. The Northeast
Neighborhood Park is in close proximity it is directly adjacent to the rail line. Centennial Park
is the closest park to the site at approximately one half mile away and the Story Mill a little
500
22100 Staff Report for the Block 104 Zone Map Amendment Page 18 of 38
over a half mile away following the Story Mill Spur gravel fines trail after crossing the railroad
tracks. There is access to the City’s trail system although not all residents have suitable
mobility to fully use these amenities. Needs and utilization of parkland vary by user.
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-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
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 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 met. Staff agrees with the applicant’s statement that, “The City’s transportation plan
is used to evaluate transportation needs over the long term across the municipal area to account
for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails
plans also examine and specify options for extensions of the existing trail network through this
site. Future site development will examine impacts on the transportation network, parks, and
trails system, and municipal facilities. Furthermore, these future development reviews will
ensure that development under the new zoning will comply with the City’s standards for the
provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite
circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure compliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.”
Additionally, potential future development within a zoning district of B-2M will likely affect
the City’s motorized and non-motorized transportation system with increased traffic. The
existing industrial and warehouse uses create traffic, however, future development will likely
501
22100 Staff Report for the Block 104 Zone Map Amendment Page 19 of 38
require a Traffic Impact Study to identify the extent of increased traffic volumes and specify
required infrastructure improvements to serve the development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 64, a Transit score of 20, and Bike Score of 76. Average walk
score for the city as a whole is 47 out of 100. According to Walk Score® the walks score
measures the walkability of any address based on the distance to nearby places and pedestrian
friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
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).
502
22100 Staff Report for the Block 104 Zone Map Amendment Page 20 of 38
The City’s future land use map designates the properties as Community Commercial Mixed-
Use in the BCP 2020. These designations correlate with several zoning districts including the
B-2M district proposed by the applicants. The 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 designations and correlated zoning districts in the plan
and proposed by the applicants, the zone map amendment would promote compatible urban
growth. Also see the discussion in (H) below.
The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
In general the northeast area part of town is evolving. Historically many businesses and uses
were related and dependent on rail access. As rail access became less viable uses have shifted.
To illustrate the changing nature of the area examples include the approved Cottonwood and
Ida Planned Unit Development, the Mountains Walking zoning change from M-1 to B-2M,
and the change in the future land use map from Industrial to Community Commercial Mixed
in the recently adopted BCP 2020.
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
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. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
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
503
22100 Staff Report for the Block 104 Zone Map Amendment Page 21 of 38
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.”
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-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial building, parking
area, other commercial businesses, and undeveloped area. There are a wide variety of uses
adjacent to the site including residential and commercial. A review of the uses allowed in the
proposed zones shows many similarities with existing and authorized uses in the surrounding
area. Therefore, the change in zoning does not appear to conflict with the character of the area.
Similar to criterion G above the area in question is evolving. Historically many businesses and
uses were related and dependent on rail access. As rail access became less viable uses have
shifted. To illustrate the changing nature of the area examples include the approved
Cottonwood and Ida Planned Unit Development, the Mountains Walking zoning change from
M-1 to B-2M, and the change in the future land use map from Industrial to Community
Commercial Mixed in the recently adopted BCP 2020.
See the Applicant Submittal for additional discussion.
I. Peculiar suitability for particular uses.
Neutral. Future uses for construction on the site are not finalized at this time, so the suitability
of the site for particular uses is not easily evaluated. However, considering the context of the
site with a robust transportation system, streets serving the property, existing city services
established, and the variety of land uses in the immediate area, the proposed B-2M district
allows for more similar configuration of uses as the surrounding area, even though the B-2M
district is a more intensive district than the existing M-1 zoning generally allows.
As shown in Figure 4, the property is bounded by NEHMU zoning on the west and south, M-
1 on the north, and M-2 to the west. The site includes redevelopment and infill opportunities.
The proposed B-2M 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
west. Final determination of suitability will occur during the site development process.
As noted under criterion C Promote public health, public safety, and general welfare, the B-
2M district allows residential use as a permitted use up to 100 percent of a building. The
proximity to active rail lines, industrial uses of storage, transportation, and manufacturing, and
an Environmental Protection Agency Idaho Superfund site may create unique challenges to
ensure the health and safety of future residence. Bozeman Idaho Pole Site information. It is
504
22100 Staff Report for the Block 104 Zone Map Amendment Page 22 of 38
unclear if all permitted uses are suitable for this site. Although the City of Bozeman utilizes a
quiver of tools to ensure all known impacts from internal and external to a development are
mitigated there is the potential that external impacts could negatively impact future residence.
J. Conserving the value of buildings.
Criterion met. The site hosts a variety of commercial buildings and parking. B-2M zoning will
allow for new and diverse development patterns on the subject parcel that compliment
development on adjacent sites. Future development must comply with the Bozeman Unified
Development Code which will ensure an appropriate scale and intensity of uses. As a result,
the proposed zone map amendment is not anticipated to negatively impact nearby building
values as the development pattern will be appropriate to the surrounding character of the
district.
The values of some buildings will likely improve in the future as new and improved amenities
are provided to the area as the site is developed according to the proposed B-2M district, while
other buildings’ values are unlikely to be impacted largely due to a robust real estate market
and lack of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 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 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.
Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use development has
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 protect and promote public health, safety, and
general welfare.”
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.
505
22100 Staff Report for the Block 104 Zone Map Amendment Page 23 of 38
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. 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.’
The differences between the existing uses and the B-2M are not significant. The evolution
of uses in the Northeast Neighborhood have evolved to include a majority of the uses
permitted in the B-2M district. In fact, the existing M-1 district is less congruent with the
prevailing uses than B-2M, see Section 1 Map series above.
The B-2M is a permissive zoning district allowing a wide variety of uses including limited
manufacturing, commercial, residential, and other uses necessary for a functioning urban
setting. As a result, the proposed B-2M zoning designation would not result in primary
uses of the site which are significantly different from prevailing land uses in the area.
Finally, adjacent properties underwent a similar request and was found to be compliant
with adopted plans and met the review criteria for rezoning to B-2M.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
No. In order to determine whether or not this condition is present both this question and
the following point must be evaluated together. There are multiple properties owners, and
the greater community will benefit from the zone change. The B-2M zoning designation is
an implementing district to the commercial land use designation and promotes a variety of
land uses that are needed for the function and vitality of the immediate neighborhood and
the greater community. These include commercial activity, residential uses, and limited
industrial all of which integrate employment, entertainment, and housing in close proximity
to other city services and areas.
The amendment is consistent with and supports the City’s adopted growth policy, thus is
assumed to be a benefit to the greater community even though the number of immediate
landowners are small.
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?
No. While the applicants will directly benefit from the proposed zone map amendment, the
amendment is not at the expense of surrounding landowners or the general public. As
discussed previously, no substantial negative impacts are identified due to this amendment
and taken as a whole, the immediate neighborhood will benefit as well as the greater
community by providing city services more efficiently. The proposed B-2M zoning
designation will allow for a variety of uses conducive to the Community Commercial
Mixed Use land use designation.
Further, 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
506
22100 Staff Report for the Block 104 Zone Map Amendment Page 24 of 38
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. Concurrency and adequacy of infrastructure remove most potential injury to
others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner
at the expense of others. Development of the site in any manner may create additional
demand for services and change the character of the site as a large retail space and
substantial parking area. A change to an urban district does not inherently injure the
surrounding landowners.
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 and legal description of the property), 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.
507
22100 Staff Report for the Block 104 Zone Map Amendment Page 25 of 38
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map for a city block
consisting of approximately 3.554 acres from M-1 (Manufacturing Light District) to B-2M
(Community Business District-Mixed). The property currently hosts variety of existing
buildings with multiple uses. No future development plans or indication of future development
plans were submitted with the application.
The proposed change from M-1 to B-2M in building form and permitted uses is considerable.
However, during the development and adoption of the Bozeman Community Plan 2020 (BCP
2020) the underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time.
Although the existing zoning of M-1 is not an implementing district of the CCMU future land
use designation it does not necessitate a change of zoning.
No future development plans were submitted with the zone map amendment application.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
July 17 and 24, 2021. The Zoning Commission hearing is scheduled for August 1, 2022;
continue to August 15, 2022 and the City Commission public hearing is scheduled for August
16, 2022; continued to August 23, 2022.
No public comment has been received on this application at the time of writing this report.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
508
22100 Staff Report for the Block 104 Zone Map Amendment Page 26 of 38
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
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-2M
correlates with the Growth
Policy’s future land use
designation of “Community
Commercial Mixed Use”.
509
22100 Staff Report for the Block 104 Zone Map Amendment Page 27 of 38
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “… to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. 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”.
Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
510
22100 Staff Report for the Block 104 Zone Map Amendment Page 28 of 38
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
511
22100 Staff Report for the Block 104 Zone Map Amendment Page 29 of 38
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
512
22100 Staff Report for the Block 104 Zone Map Amendment Page 30 of 38
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
513
22100 Staff Report for the Block 104 Zone Map Amendment Page 31 of 38
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
514
22100 Staff Report for the Block 104 Zone Map Amendment Page 32 of 38
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
515
22100 Staff Report for the Block 104 Zone Map Amendment Page 33 of 38
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
516
22100 Staff Report for the Block 104 Zone Map Amendment Page 34 of 38
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
517
22100 Staff Report for the Block 104 Zone Map Amendment Page 35 of 38
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
518
22100 Staff Report for the Block 104 Zone Map Amendment Page 36 of 38
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high schools
and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
519
22100 Staff Report for the Block 104 Zone Map Amendment Page 37 of 38
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
520
22100 Staff Report for the Block 104 Zone Map Amendment Page 38 of 38
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Wallace North, LLC, 810 N Wallace Ave, Unit B, Bozeman, MT 59715
Mike Speakman, 9010 Snowy Owl Lane, Blaine, WA 98230
Wachamoley, LLC, 3919 Rain Roper Drive, Bozeman, MT 59715
Applicant: Intrinsik Architecture, 106 East Babcock Street, Suite 1A, Bozeman, MT 59715
Representative: Jackadoo, LP, 1907 Pine Street, Philadelphia, PA 19103
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this 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. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260390&cr=1
521
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Director Community Development
SUBJECT:Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430
Planned Unit Development with a New Planned Development Zone Process
and Amend 24 Related Sections of the Bozeman Municipal Code, Application
22133
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22133 and
move to provisionally adopt Ordinance 2104.
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 amendments in Ordinance 2104 update the City's land development
regulations as part of efforts to support affordable housing and implement
other identified community priorities. For more information see the
Executive Summary and Appendix A in the staff report attached to the July
12, 2022 Commission agenda.
The City Commission conducted a public hearing on the Ordinance on July
12, 2022 and provisionally adopted it with direction to staff to prepare
amendments to the draft. The directed amendment was to expand the
identified public benefits necessary for approval to provide opportunity for
an applicant to propose a unique option outside of the four default benefits
included in the draft ordinance. The revised ordinance presented with this
agenda item includes the requested amendment on page 35 with the new
paragraph titled "Novel Public Benefits PDZ" and page 42 with the new
paragraph titled "Novel Public Benefit PDZs".
The Novel Public Benefit PDZ provides an option for an applicant to propose
a planned development zone with public benefits other than the four listed
in Section 38.430.050 for affordable housing, historic structure/site,
sustainable/resilient design, large development, or combinations of the four.
522
For the initial City Commission discussion on Ordinance 2104 see the video
recording of the July 12, 2022 as item J.2 beginning at time 1:32.15 in the
recording. Materials for the July 12th hearing begin on page 269 of the
overall Commission packet. Staff report and all other attachments are
included.
The amended Ordinance 2104 is connected directly to this August 23rd
agenda.
UNRESOLVED ISSUES:Does the new language for Novel Public Benefit adequately address the
Commission's direction from July 12th?
ALTERNATIVES:As directed by the City Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2104 Planned Unit Development - 2nd
Provisional.pdf
Report compiled on: August 11, 2022
523
Ord 2104
Page 1 of 58
ORDINANCE 2104
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT
DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN
DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS
AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100
BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120
PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND
38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND
38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS,
AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION
VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND
38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND
38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B
PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL
ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC,
REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN
COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND
38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D
SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS,
AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW
PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE
NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND
38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B
SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050
D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P
DEFINITIONS, AMEND 38.310.060. SUPPLEMENTAL USE PROVISIONS FOR THE
RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT, AMEND
38.330.020. REMU DISTRICT—SPECIAL STANDARDS AND ESTABLISH AN
EFFECTIVE DATE, APPLICATION 22133.
524
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 2 of 58
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 27, 2022 to receive and review all written and oral testimony on the proposed amendments;
and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that those elements of application No. 22133 related to Planned Unit Developments, be approved with amendments
addressing public benefits; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 12, 2022, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501 and found that the proposed amendments would be in compliance with the criteria; and WHEREAS, the City Commission identified that an amendment to expand the scope of
public benefits is appropriate and consistent with the initial intent of the ordinance and 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 has adopted land development and use standards to protect public health, safety
and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-
304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
525
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 3 of 58
4. The City accepted as a basis for housing implementation actions an amended
Community Housing Action Plan by Resolution 5143.
5. The City undertook a public process to review and consider possible revisions to the
City zoning regulations with the intent to remove potential barriers and to encourage creation of
additional housing and especially housing which accomplishes community aspirations identified
in the growth policy and the Community Housing Action Plan.
6. The City Commission conducted a work session on March 1, 2022 to receive public
comment, consider alternative options, and provide direction to Staff.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations
for zoning review, including accordance to the Bozeman Community Plan 2020, and required
criteria for zoning regulations has found that the required criteria of Montana Code Annotated §§
76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide comment.
9. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board acting in their capacity as the municipal
Zoning Commission, all submitted public comment, and all other relevant information.
10. 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 this ordinance have
been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12. The City Commission determines that the new approach for planned unit developments
provides a superior outcome compared to the existing planned unit development regulations.
13. The City Commission determines that the proposed ordinance conforms to all Montana
laws.
14. The City Commission determines that establishing planned unit developments as
independent zoning districts provides flexibility for individual projects without jeopardizing
predictability and uniformity to other zoning districts.
526
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 4 of 58
15. The City Commission determines that the public benefits required with a planned unit
development as revised in the amendments provide a superior outcome for the public health,
safety, and welfare compared to the prior alternatives for a planned unit development to
demonstrate public benefit.
16. The City Commission determines that the flexibility offered with the planned
development zone is proportionate to the public benefits required.
Section 2
That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as
follows:
Sec. 2.05.3000. Established—Powers and duties.
A. The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations
regarding such proposals to the review authority, subject to the provisions of chapter 38.
B. The DRB shall act as an advisory body to the review authority for:
1. Development applications meeting one or more of the thresholds of section 38.230.040.C.;
2. Planned unit developments; and
3. Appeals from ADR decisions.
C. The DRB may develop, and after adoption by the city commission, apply specific guidelines adopted by the city commission related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas;
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.;
E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing
structures, movement of structures into or out of the neighborhood conservation overlay
district, or demolition of structures by any means or process in accordance with 38.340.A.
F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action
527
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 5 of 58
or development utilizing these abatement or incentive programs in accordance with section 38.340.020.
Section 3
That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including
planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned unit developments;
e.f. Appeals from administrative interpretations and final project review decisions;
f g. Approval of preliminary park master plans when associated with a development for
which the city commission is the review authority;
g h. Large scale retail per section 38.360.160;
h i. More than two deviations or where deviation is for more than 20 percent of standard.
i. Conditional use permits when no board of adjustment is established;
528
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 6 of 58
j. More than two deviations or where deviation is for more than 20 percent of standard.
2. The city commission conducts a public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable
advisory bodies approve, approve with conditions or deny all applications subject to this
chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of
adjustment must, upon recommendation from the applicable advisory bodies approve,
approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies when as needed approve, approve with conditions or deny the following site elements and
processes:
1. The placement of private utility easements within public rights-of-way owned or controlled by the city;
2. Specifications and modifications therefrom for paving of streets and parking areas;
3. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
4. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5);
51. Site access and storm water for reuse and further development per section 38.230.160.B;
529
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 7 of 58
6. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1;
7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except subparagraph
38.400.010.A.1, Relation to undeveloped areas;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.400.060, Street improvement standards paragraphs A and B.1-3;
9. Alternate curb return radii per subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per paragraphs
38.400.090.G and H;
11. Street improvement standards and modifications therefrom per section 38.400.060;
1012. Departures for street vision triangles per section 38.400.100;
11. Exceptions to storm water controls per section 38.410.080;
12. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per paragraphs 38.540.020.D, F and J;
14. Protection of landscape areas per paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
18. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and
530
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 8 of 58
22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E;
E. The director of utilities public works must review and upon recommendation from the
applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes:
1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.410.070;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070; and
62. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established in
section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of transportation and engineering must review and upon recommendation from
the applicable advisory bodies as needed approve, approve with conditions or deny the
following development elements and processes:
1. Payment of cash in-lieu of capital facilities for streets and transportation per 38.270.070.C.
2. All modifications or proposed standards in section 38.400.010;
3. Departure for street cross section in section 38.400.020.
4. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4;
5. Street improvement standards and modifications therefrom per section 38.400.060;
6. Acceptable alternative sidewalk design or materials per section 38.400.080;
7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H;
8. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply; and
9. Designation of street classifications for collectors and arterials not shown in the long
range transportation plan;
531
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 9 of 58
G F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes:
1. Determine the classification of recreation pathways per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the
director of community development.
4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when:
a. The initial dedication of land per section 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the minimum
land dedication; and
c. A park master plan has been approved for the park servicing the land to be developed.
H G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
I H. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.
I Decisions of the community development director and other review authorities are subject to
the appeal provisions of division 38.250 of this chapter.
Section 4
That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no
land use may be changed without valid permits as prescribed in this division.
532
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 10 of 58
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building
permit, provided such activity does not include excavation for foundations or the
removal of mature, healthy vegetation. Minor site surface preparation means disturbing
less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of
less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of
foundations or setting of forms can commence until final site or sketch plan approval
has been granted and until building permits have been issued. Proceeding prior to
building permit issuance is at the hazard of the landowner.
a. Exception:When construction and funding of public streets are occurring under the
provisions of division 38.430 of this chapter, Planned unit development (PUD),
tThe issuance of building permits may be allowed prior to completion of
infrastructure improvements, pursuant to the provisions established in division
38.270. of this chapter.
2. Building permit. Within the limits of the city, building permits must be obtained as
provided by section 10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, or conditional
use permit or planned unit development (hereinafter referred to as "plan"), and after any
appeals have been resolved, a building permit for the site may be requested and may be
granted, provided such building permit is granted within one year of plan approval. Prior
to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230
and 38.430.
Section 5
That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal
Code be deleted in its entirety and replaced as follows:
38.220.120 Planned development zone general plan and final plan submittal requirements
The following information must be presented in a PDZ general development plan for the entire property in an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not necessary in light of the size, location, availability of existing services,
or information already available to the city related to the proposed development:
A. An application form and required application fee.
B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the project boundary, and (2) the proposed final conditions for each of the following at a concept level of detail. Final plans, studies, and engineering detail will be required with
applications for Final Development Plans.
533
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 11 of 58
1. Site boundaries (with dimensions and legal description);
2. Site topography (including existing features to be retained);
3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain boundaries;
3. General land uses, including maximum number and unit type of dwelling units and
maximum gross floor area of non-residential land uses for each portion of the property;
4. General lot and street network and access points to arterial and collector streets and current transit facilities and routes;
5. General locations of trails, bicycle paths, and pedestrian ways;
6. General location of parks and open space network;
7. General landscaping plan for public areas, property boundaries, and proposed street frontages;
8. General Sstorm drainage retention/detention areas, and stormwater design plan; and
9. General locations of major water and sewer line locations and utility easements.
10. General phasing sequence and boundaries.
C. A map identifying a reference base district for each portion of the PDZ property, and a narrative explanation of any standards in each respective reference base district requested by the applicant that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-standard uses proposed to be included;
D. Acknowledgement that any reference base district standards or other standard not explicitly
modified by the PDZ is subject to change if the reference base district is amended.
E. If phasing of development is proposed, a separate phasing plan with phases clearly identified;
F. An explanation of the proposed land use and development density or intensity for each
portion of the site and a calculation of each proposed land use as a percent of total site area; and.
G. Any additional information needed to confirm that the application meets the eligibility requirements in 38.430.050.A through E for the type of PDZ being requested, as determined by the review authority.
F. The general or final plan must include revised documents necessary to demonstrate how the
general and final plan addresses previous review comments and conditions of approval of
the general plan and a written narrative stating how each of the conditions of approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
534
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 12 of 58
G. The final plan must clearly identify the standards established through the PDZ that differ
from the reference base district. The final plan must acknowledge in writing that any
reference base district standard not explicitly established through the PDZ is subject to
amendment and revision as the reference base district is amended. If the base district is later
removed from the municipal code the city will apply the district which by the city’s
determination is the most similar district.
Section 6
That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the
Bozeman Municipal Code be amended as follows with all other elements of the section
remaining as presently written:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
Zone Map Amendment - rezoning, or with
annexation, or as planned development zone
200 Newspaper, post on-
site, mail 1st class
Zone Map Amendment - Resulting from
ordinance changes
None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-
site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-
site
Deviation 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further
development
None None
Sketch plans for adding dwellings in the
neighborhood conservation overlay district,
demolition of historic structures as defined in
article 7 of this chapter, or modification of
wetlands.
None Post on-site
535
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 13 of 58
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Preliminary Planned Unit Development 200 Newspaper, post on-
site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-
site, mail 1st class
Floodplain permit 200 Newspaper, mail 1st
class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA
including subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-
site, certified mail to
adjacent owners, mail
1st class all others
Notice of violation per 38.200.160 None Certified mail to
landowner
Section 7
That 38.230.030, Special development proposals—Additional application requirements, review
procedures and review criteria, of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.030. Special development proposals—Additional application requirements,
review procedures and review criteria.
A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include:
1. The required information for plans described in section 38.220.080;
2. Any additional application information required for specific reviews as listed in the
following divisions of this chapter:
a. Division 38.430, Planned Unit Development;
b a. Division 38.360, Standards for Specific Uses;
c b. Division 38.370, Telecommunications;
d c. Division 38.600, Bozeman Floodplain Regulations; and
e d. Division 38.250, Appeals, Deviations and Variance Procedures.
536
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 14 of 58
B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
3. Section 38.230.120, Special use permit;
4. Division 38.430, Planned Unit Development;
5. Division 38.360, Standards for Specific Uses;
6.5. Division 38.370, Telecommunications;
7.6. Division 38.600, Floodplain Regulations; and
8.7. Division 38.250, Appeals, Deviations and Variance Procedures.
Section 8
That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.050. Deviations.
All requests for deviations in the neighborhood conservation overlay district or through the PUD
process must be heard by the review authority established in section 38.200.010. Deviations may
only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of administrative power that can effect no change in the chapter. A deviation may be granted only in
a specific instance permitting a nonconformity in order to accomplish the specific objectives of
sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes.
Section 9
That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended
and Paragraph G of 38.250.070 be created as follows with all other elements of the section
remaining as presently written:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
537
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 15 of 58
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as
defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary to
provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or
an amendment to the text of the applicable zoning district, or through a planned unit
development subject to division 38.430.
4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and property.
…
G. Planned development zone. Where the standards and requirements of this chapter are proposed to be modified through a planned development zone, the applicable process is a review of a planned development zone rather than a variance.
Section 10
That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be
amended as follows with all other elements of the section remaining as presently written:
F. Planned development zoneunit development. Where the standards and requirements of this chapter are proposed to be modified through a planned development zoneunit development,
the applicable process is a deviation review of a planned development zone rather than a
variance.
538
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 16 of 58
Section 11
That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Exception for concurrent construction. In certain circumstances, the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met:
1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development development is using the incentives of 38.380.030;
2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of
the cost of the improvements verified against city publicly bid unit prices, where such
are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement;
3. Improvements must be complete within two years of the date of the improvements
agreement;
4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building
permit for the development;
5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city;
6. The developer must provide and maintain hazard and commercial general liability
insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof;
7. The developer must recognize, acknowledge and assume the increased risk of loss
because certain public services do not exist at the site;
8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public
539
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 17 of 58
or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants;
9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure
improvements have been completed, inspected, and accepted by the city, and a certificate
of occupancy has been issued;
a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city;
10. The developer must enter into an agreement with the city to address the provision of any
services on an interim basis during construction, if deemed appropriate;
11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this
section;
12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative
costs;
13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the
city; and
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee.
Section 12
That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
A. Residential suburban district (R-S). This district is not available for newly created
subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018.
540
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 18 of 58
The intent and purpose of the R-S residential suburban district is to commemorate and preserve
existing RS zoning only. These purposes are accomplished by:
1. Subdivision and site plan developments in this district are subject to the provisions of
division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy.
1 2. Allowing permitted uses in circumstances where environmental constraints limit the desirable density.
2 3. Providing for a minimum lot size in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas.
4. This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018.
Section 13
That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code
be amended as follows:
Sec. 38.300.020. Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which,
together with all explanatory matter thereon, is adopted by this reference and declared to be
a part of this chapter.
B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use
regulations within the zones and designations, and any changes to the range of permitted
uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Low Density District
R-2 Residential Moderate Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-5 Residential Mixed-Use High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
541
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 19 of 58
B-2 Community Business District
B-2M Community Business District - Mixed
B-3 Downtown Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
REMU Residential Emphasis Mixed-use District
PDZ Planned Development Zone
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.
Section 14
That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning
districts, of the Bozeman Municipal Code be amended as follows with all other elements of the
section to remain as presently written:
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
542
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 20 of 58
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and yards
incidental to
construction work
A A A A A A A A
Temporary sales
and office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or more
(38.360.270)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres (38.360.270)
C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable
(38.360.230)
C — — — — — — —
Community
centers*
C C C C C C P C
Day care centers* S S S P P P P S
Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
C C C C C C C C
Short Term Rental
(Type 1)*
P P P P P P P —
543
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 21 of 58
Short Term Rental
(Type 2)*
— — P P P P P —
Short Term Rental
(Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses C C — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and centers*
— — — — C C3 P —
Recreational vehicle
parks (38.360.210)*
C — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential growth policy
designation the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of
installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a
mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 15
That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in
commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be
amended as follows with all other elements of the section to remain as presently written:
544
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 22 of 58
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-
use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses;
— = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2
M
B-
3
UMU
(38.310
.050)
REMU
(38.310
.060)
NEHM
U2
B
P
M
-1
M
-2
Public, educational, government and regional
Business, trade,
technical or
vocational school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C4 P P C3
, 4
C C4 P
C
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturing
and generation
facilities (electric
and gas)
— — — — — — — — — S —
545
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 23 of 58
Public and
nonprofit, quasi-
public
institutions, e.g.
universities,
elementary junior
and senior high
schools and
hospitals
— — — — — — — — — — P
Public buildings
and publicly
owned land used
for parks,
playgrounds and
open space
P
—
P
—
P P P P P P P P P
Solid waste
transfer station
— — — — — — — — — C P
Solid waste
landfill
— — — — — — — — — — C
Truck, bus and
rail terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult business
(38.360.050)*
— — — — — — — — P P —
Amusement and
recreational
facilities
— P P — P — P — P C —
Arts and
entertainment
center*
P P P P P P
12,000s
f
— — — — —
Casinos — — — — — — — — C C —
Community
centers
(38.360.090)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)*
A A A A A A A A A A —
546
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 24 of 58
Other buildings
and structures
(typically
accessory to
permitted uses)
A A A A A A A A A A A
Temporary
buildings and
yards incidental
to ongoing
construction work
— — — — — — A A A A —
Any use, except
adult businesses
and casinos,
approved as part
of a planned unit
development
subject to the
provisions of
division 38.430
C C C C C C C C5 C5 C5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse
Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is
available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Section 16
That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman
Municipal Code be amended as follows with all other elements of the section remaining as
presently written:
D. Municipal infrastructure requirements.
1. Whenever any building lots and/or building sites are created inside the city limits or
existing lots are annexed, and prior to the issuance of any building permits on such lots
or sites, municipal water distribution, municipal sanitary sewer collection, and streets
must be provided to the site. Each building site must utilize and be connected to both
the municipal water distribution and municipal sanitary sewer collection systems.
Installation of improvements is subject to division 38.270 of this chapter.
547
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 25 of 58
a. Alternative. When, in the city's sole determination, it is in the city's long term best
interests to allow a building lot or site to be created or developed without
immediate access to either municipal water or municipal sewer the city may, at its
sole discretion, make such allowance when all of the following have been met:
(1) The non-municipal system to service the lot or site must be designed,
reviewed and constructed to meet city standards. Systems serving more than
one lot or user must be central systems;
(2) The non-municipal system must be designed and constructed in a manner to
allow connection to the municipal system components shown in applicable
facility plans to serve the property at such time as it becomes available;
(3) The landowner must provide waivers of right to protest creation of special
improvement districts or other financing methods to extend municipal water
and sewer services. Such extensions or connections may require construction
of system components that are not immediately adjacent to the building lot or
site;
(4) The landowner must agree to connect to municipal water and sewer services
and abandon and remove non-municipal services when so instructed by the
city. Such agreement must be binding on all successors and run with the
land;
(5) If the city takes responsibility to operate the non-municipal system it may
impose a surcharge to cover extra operational expenses. City operation of the
system is at the city's discretion;
(6) The requirement for future connection to the municipal water and/or sewer
system, waivers and agreements, and other applicable materials must be
either noted on the plat or final plan or a separate notice be recorded at the
county clerk and recorder's office so that such notice will appear on a title
report or abstract of the property;
(7) No non-municipal water or sewer systems must be constructed until all
necessary approvals from the state department of environmental quality, City
of Bozeman, county health department, and any other relevant agency have
been received; and
(8) The use of municipal water or sewer systems is considered to be the best
means to protect the public interest and welfare. The alternative for the use of
non-municipal systems is intended to be used sparingly and in extraordinary
circumstances. In order to protect the public interest, in approving a non-
municipal system the city may impose such conditions of approval as it
deems necessary.
548
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 26 of 58
2. These improvements must be designed, constructed and installed according to the
standards and criteria as adopted and approved by the city prior to the issuance of
any building permits.
3. When municipal water distribution and municipal sanitary sewer collection
systems are being provided to serve a development proposal occurring under the
provisions of division 38.430, planned unit development (PUD), tThe issuance of
a building permit may be allowed prior to completion of the public infrastructure,
provided the criteria, standards, and limitations of section 38.270.030 are met.
4. Notwithstanding the provisions of subsection D.3 of this section, the city may
limit the scope, type and number of projects eligible for simultaneous construction
consideration.
Section 17
That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code
be amended as follows with all other elements of the section remaining as presently written:
D. Height limitation exceptions.
1. Non-specific exemptions. No building, or part thereof, or structure must be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for
the district in which such building is located, except as is specified in division 38.250 of this chapter., or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal.
2. Specific exemptions.
a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided: amateur radio antennae; solar
energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and
semi-public buildings may exceed height limitations otherwise established by this chapter, provided that:
(1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprint; and
(2) That for each one foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear setbacks
549
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 27 of 58
must be increased in width or depth by an additional one foot over the side and rear setbacks required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no
linear dimension of any such structure exceed 50 percent of the corresponding
street frontage line.
d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise
permitted in the district must occupy no more than 25 percent of the area of the lot
and must be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter.
Section 18
That 38.370.030, Uses within districts and required review procedures, of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which
certain telecommunication uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply.
1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require
subdivision review when land interests are created by rent or lease. Depending on how
the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review.
B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the
applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted within the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this
chapter as may be applicable.
1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
550
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 28 of 58
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
B-2 C P/C1 A P
B-2M C P/C1 A P
B-1 C P/C1 A P
UMU C P/C1 A P
REMU PUD S9 P/C1 A C
NEHMU P P A P
R-O PUD S9 C P C
R-5 PUD S9 C P C
R-4 PUD S9 C P C
R-3 PUD S9 C P C
R-2 PUD S9 C P -
R-1 PUD S9 C P -
R-S PUD S9 C P C
Note: 1. Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters.
551
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 29 of 58
7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area.
Section 19
That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as
follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must
comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be owned by the city and maintained by an approved non-city maintenance provider. property owners' association, or, if the criteria of this section are met, be a public street easement.
1. Public street easements. Public street easements must:
a. Be in the city’s standard form or be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided.
2. Privately maintained public streets.
a. Privately maintained streets may be required tomust have a public access
easement. if deemed necessary by the city.
b. If a privately maintained local street is proposed, the following standards must be met: project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD review requirement if :
(1) A local private street is proposed and tThe street right of way complies would comply with the city standard of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or
(2) A local private street is proposed and tThe street right of way complies would comply with the city standard right-of-way requirement of 60 feet.
The back-of-curb to back-of-curb width may vary from city standards,
provided that: the review authority approves a departure for the back-of-
curb to back-of-curb width when:
(a) An alternate street cross section is provided which provides the functional equivalent for pedestrian and vehicle travel, snow and stormwater management, and parking of motor and other vehicles.
552
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 30 of 58
(b) A report certified by a professional engineer addressing site conditions including zoning and expected intensity of development over time, ability to accommodate unexpected intensity of development, connectivity to other streets, expected traffic volumes, site distances,
spacing of accesses, turning movements, and proposed alternative
means of addressing standards including but not limited to stormwater.
(c) Based upon the above data, the review authority will determine whether a modification from the required standards is justified. The alternative design must protect the public's health, safety and welfare, the intent of
this chapter, and the intent of the city's growth policy.
(d a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and
(e b) The developer signs a waiver of right to protest the creation of SIDs, or
other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city
standards. The developer must record the waiver, or other legal
instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required.
(f) The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its
employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section.
c. Privately maintained collector or arterial streets are not allowed.
c d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090.
Section 20
That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its
entirety and replaced with a new section as follows with some elements of the former 38.430
amended and moved to a new division 38.440:
Division 38.430 Planned Development Zone Districts
553
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 31 of 58
38.430.010 Purpose
The purpose of the planned development zone (PDZ) district is to provide a general structure and plan for specific properties to encourage flexibility and innovation that:
A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and
B. Support implementation of community plans and goals, including but not limited to the
city’s adopted growth policy; and
C. Provide community benefits through the creation of affordable housing, inclusion of environmentally sustainable design features, and retention of historic structures; and
D. Protect and promote the health, safety, and general welfare of the community.
38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to [Effective Date]
A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications received by the city prior to [Effective Date] that have completed the adequacy review process prior to [Effective Date] must after [Effective Date] be referred to as Legacy
Planned Unit Developments.
B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD regulations in effect prior to [Effective Date] are renamed legacy planned unit developments and are in division 38.440.
38.430.030 PDZs Approved After [Effective Date]
A. PDZ applications approved by the city after [Effective Date], and submitted PUD applications that have not completed the adequacy review process prior to [Effective Date] shall be subject to the regulations in this division.
B. A PDZ application must identify a standard base zoning district, from those listed in
division 38.300 (the “reference base district”) for each portion of the PDZ area. Different reference base districts may be designated for different portions of the property. The project must be designed in conformance with the standards in this chapter applicable in the reference base district unless an alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference district the boundaries of the different areas should
generally follow the boundary guidance of 38.300.050.A.
C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020.
38.430.040 Eligibility for Rezoning to PDZ District
A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general
554
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 32 of 58
criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director:
1. All property included in the proposed PDZ must be under common ownership or control or must be the subject of an application filed jointly by the property owners of
all the property to be included.
B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria.
C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by
the city. Approval by the city requires a city commission finding that the criteria for
approval in section 38.430.090 are met.
38.430.050 Specific PDZ Eligibility Requirements
The proposed PDZ district must, as determined by the review authority, comply with the eligibility criteria of at least one of the following five types of PDZ.
A. Affordable Housing PDZ
1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units and must propose:
a. That all parcels on which single-household detached dwelling units will be constructed are permitted to construct an accessory dwelling unit either within the
primary building or in a freestanding accessory building in compliance with the
provisions of 38.360.040; and
b. The following amounts and levels of affordable housing:
(1) Between [Effective Date] and that date on which the city commission adopts an ordinance or resolution establishing a different required amount of
affordable housing or a different required level of income-restriction or both, the PDZ must propose to provide:
Table 38.430.050: Affordable Homes Required
Minimum Percentage of Homes
Maximum Percentage of AMI Duration
Rental Dwellings
For-Sale Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Single-Household Attached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Multi-Household Dwelling
=>10% 80% of AMI 120% or AMI =>30 years
555
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 33 of 58
(2) After the date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction, the PDZ must provide:
(a) The amounts of housing and the levels of income-restriction required by
those ordinances or restrictions, for a period of at least 30 years; or
(b) At least an equivalent level of affordable housing benefit to the city, to be determined during the PDZ review and approval process, for a period of at least 30 years.
2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or
waiver of any non-procedural provision in this chapter if that adjustment or waiver will
contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation.
B. Historic Structure/Site PDZ
1. Eligibility. A historic structure/site PDZ application must propose:
a. Inclusion of an existing structure or site that is currently designated or is documented as eligible for designation on a city or state list of historic structures; or on the National Register of Historic Places within a contiguous area included in the PDZ application, and must either:
(1) In the case of an existing designated historic structure or site, the PDZ
application must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years; or
(2) In the case of an undesignated historic structure or site, the PDZ application
must include a written commitment to complete the designation of the structure or site as historic prior to development of any portion of the PDZ, and to preserve the designated structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years.
b. The PDZ application may include additional lands contiguous with the lot or
parcel containing the historic structure.
2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may include a request to:
a. Calculate any unused development potential from the lot or parcel containing the historic structure or site under the property’s current zoning,
b. Apply any unused development potential on other portions of the same lot or parcel, or on contiguous lands included in the PDZ application, and
c. To request adjustment or waiver of any non-procedural provision in this chapter if the adjustments or waivers will contribute to achieving the preservation the
556
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 34 of 58
historic structure. The city may not adjust or waive any provision imposed by state or federal law or regulation.
C. Sustainable/Resilient Design PDZ
1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or
building design features demonstrated to achieve two or more of the following
reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district:
a. A reduction in water consumption of at least 25 percent; or
b. A reduction in non-renewable energy use of at least 25 percent; or
c. A reduction in average daily motor vehicle trip generation of at least 25 percent;
or
d. A combination of reductions in water consumption, non-renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city.
2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may
request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
D. Large Development PDZ
1. Eligibility. A Large development PDZ review must propose all of the following:
a. The PDZ must contain at least 10 acres of contiguous land that is proposed for
annexation and development pursuant to a master plan approved by the city or proposed for approval by the city along with the PDZ application;
b. If the application includes dwelling units then the affordable housing requirements of Table 38.430.050 apply; and
c. The PDZ must include public amenities or public infrastructure investments or
both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards.
2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request an adjustment or waiver of any non-procedural city development standard in this
chapter if:
a. That adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district if the PDZ includes housing;
557
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 35 of 58
b. The PDZ includes public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards; and
c. The PDZ demonstrates implementation of five adopted community goals and
objectives as documented in an adopted and in effect growth policy, facility plan, or similar document to a greater degree than is required under the minimum standards of the reference base district.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
E. Combined Benefits PDZ
1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable housing benefits identified in 38.430.050.A and benefits identified in Sections 38.430.040.B, C, or D or any combination thereof, the application must:
a. Provide at least one-half of the amounts of affordable housing, at the levels of
income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and
b. Provide benefits listed as necessary to meet 38.430.090 in any one or a combination of:
(1) 38.430.050.B.1 for consideration of a historic structure/site PDZ;
(2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or
(3) 38.430.050.D.1.a and c above for consideration of a Large Development PDZ.
2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits
PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the types of flexibility listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation.
F. Novel Public Benefits PDZ
1. Eligibility. A novel public benefits PDZ application must propose mutually
supportive and integrated project, site, or building design features outside of the
parameters of A-E that:
a. As determined in the discretion of the review authority materially advances at
least 6 objectives of the growth policy and at least two priorities each from two
other adopted plans of the City which produce public benefits.
b. The novel public benefits option is subject to a heightened level of scrutiny as the
City has established options A-E as its preferred benefit options.
558
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 36 of 58
2. Flexibility Allowed. PDZ applications eligible for consideration as a novel public benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to materially advancing the objectives and priorities identified in F.1.a when compared to
development of a similar type under the reference base district standards and which
produce public benefits. The city may not adjust or waive any provision imposed by state or federal law or regulation.
G. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ unless specified otherwise in the approval.
38.430.060 Permitted uses in a planned development zone
A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s adopted growth policy.
B. A PDZ application may include any land use listed in division 38.310 and must identify proposed uses by the same names used in that Section.
C. Proposed uses must comply with all applicable use-specific standards for the use(s), as
described in division 38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ application review process.
D. A PDZ must address allowance for telecommunications and utilities as part of proposed land uses. The proposed allowance may not have the effect of restricting service availability
of telecommunications or utilities.
38.430.070 Phased Development
A. PDZ applications may propose development to occur in phases. If phased development is proposed, the application must include a projected timetable for phased development and a general development plan that includes all of the land to be included in all phases of
development.
B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, or site features.
C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C.
D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential structures, the city
may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function.
38.430.080 General Review Procedures for PDZ Applications
559
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 37 of 58
A. Applicability. A request to develop land in any of the five types of PDZ zoning districts must be submitted and reviewed as a combined zoning map and text amendment under division 38.260.
B. Procedure
1. General.
a. A PDZ zoning application requires review and approval of a general development plan as described in this section concurrent with review of an application for a zoning map amendment, as described in division 38.260.
b. A PDZ does not give authority for construction but a final development plan must
be approved by the review authority prior to issuance of building permits or
initiation of construction. Subdivision, site plan, or other review processes may also be required prior to initiation of construction.
c. An application for a final development plan may be filed prior to final action on an application for a PDZ zone map amendment and a related general development
plan provided that:
(1) No action by the review to approve, approve with conditions, or deny the final development plan is effective until the zone map amendment and related general development plan is approved or approved with conditions.
(2) The review authority may waive specific requirements for information the
applicant must include in a final development plan if the review authority
determines that information has been included in the application for a general development plan.
d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file an application for preliminary plat concurrently with the application for a general
development plan. Applicant may be required to waive required subdivision review periods for subdivision review to enable coordination of review. The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the preliminary plat application.
e. The city will coordinate processing of the PDZ and subdivision applications to allow for consolidated consideration of both applications together if feasible. Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased development requirements in 38.430.070 is
also required, if applicable.
Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary
Table abbreviations
R = Review, D = Decision-making authority, N/A = Requirement does not apply
560
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 38 of 58
Director Community Development Board [1]
City Commission
PDZ Zoning
Zoning Map Amendment and general development plan for all
PDZ Property
R R D
Final development plan D
Subdivision (if Required for PDZ)
Preliminary Subdivision Plat [2] R R D
Final Subdivision Plat [2] R D
Notes [1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its capacity as a Zoning Commission or Planning Board, as necessary. [2] An applicant may request that the city concurrently process applications for a general
development plan and Preliminary Subdivision Plat. An applicant may request that the city
concurrently process applications for a final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604(9) MCA.
C. PDZ Zoning and General Development Plan Review
1. Applicant may submit the PDZ zoning and general development plan review application upon completion of concept or informal,
2. The PDZ application must include, at a minimum the materials required in 38.220.120:
3. If the project requires approval of a subdivision plat, the applicant may submit an
application for a preliminary plat at the same time as a PDZ zoning application, and the two may be consolidated for joint consideration by the city commission. Section 76-3-604(9) MCA restricts applicability of changing zoning standards and may limit the ability of the city to consolidate review.
D. Concept/Informal Review. A concept review or informal application is required for all
PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision, the city may review subdivision pre-application and concept review or informal application for PDZ zoning concurrently. If an application for PDZ zoning and general development plan are not filed with the city within one year after the concept review or informal review, the review authority may require another concept review or informal review meeting before
the application is filed.
E. Noticing and Public Hearings
1. After the community development department determines the PDZ zoning and general development plan applications contain all necessary information, the department will set review dates before the community development board and before the city
commission.
561
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 39 of 58
2. If the application also includes a complete application for a preliminary plat, the department will set a date for review of the plat in accordance with 38.240.
3. Notice shall be provided in accordance with division 38.220.
F. Review and Action
1. The community development department may refer a complete PDZ zoning
application and associated general development plan application to other city or governmental departments, agencies, or districts whose jurisdiction involves some or all of the land included in the application, for their comments or recommendations.
2. After conducting its public meeting, the community development board must
recommend to the city commission approval or denial of the PDZ zoning application;
and recommend approval, approval with conditions, or denial of the associated general development plan application. If the applicant submitted an application for a preliminary plat, the community development board must recommend approval, approval with conditions, or denial of the preliminary plat.
3. After conducting its public hearing, the city commission may approve or deny the PDZ
zoning application; and may approve, approve with conditions, or deny the associated general development plan application. The city commission may not approve a PDZ zoning application before a general development plan for all of the property included in the PDZ zoning application is approved or approved with conditions.
4. If the applicant submitted an application for a preliminary plat, the city commission
may concurrently consider the PDZ zoning and subdivision applications and approve, approve with conditions, or deny the preliminary plat concurrently pursuant to 38.240.150, if permitted by state law.
5. The review authority must indicate approval or denial of the final development plan
pursuant to this section based on the PDZ zoning application and staff report, but the review authority’s decision shall not become final unless and until the city commission approves the PDZ zoning and approves the general development plan in a form that is consistent with the final development plan.
G. Final Development Plan Review and Approval
1. After approval of a PDZ zoning application and approval or conditional approval of a general development plan, the review authority must approve a final development plan before applicant may initiate construction, or initiate any use based on the PDZ approval. A final development plan must be approved prior to approval of any site plan, final plat, building permit, or other final development review decision.
2. Each final development plan must be consistent with the terms of the approved PDZ zoning and general development plan and may not include adjustments or waivers to any reference base district standard inconsistent with the PDZ zoning or general development plan.
562
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 40 of 58
3. The review authority may approve one final development plan for the entire PDZ property or may approve multiple final development plans for different portions of the property if the city has approved phased development pursuant to 38.430.070. The city may not issue any building permit, and no individual or entity may initiate any
infrastructure or other construction; or any use on any portion of the property for which
the review authority has not approved a final development plan.
4. If the city commission has approved both a PDZ zoning application and a related application for a preliminary plat, the final plat must be filed with the Gallatin County Clerk and Recorder before the city may issue any building permit or before applicant
may initiate any building construction or use based on the PDZ approval.
5. A final PDZ zoning approval is not an approval to begin building construction. It provides the general plan and pattern for the applicant to submit associated subdivision plats and site plans for approval.
38.430.090 Criteria for Approval
The community development board may recommend approval of an application for PDZ zoning,
and the city commission may approve an application for PDZ zoning, if it determines the PDZ application complies with the criteria in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ applications. The applicant has the burden of proof that the proposed PDZ and general
development plan meet the criteria for approval.
A. Criteria Applicable to All PDZ Applications
1. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, 76-2-304;
2. Complies with general eligibility criteria in 38.430.040;
3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable;
4. Is in accordance with the growth policy currently in effect, including the future land use map; and
5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as
the reference base district for each portion of the PDZ; and
6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070.
B. Criteria Applicable to Specific Types of PDZ Applications
1. Affordable Housing PDZ. The applicant has submitted a general development plan or
other documentation acceptable to the city ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design
563
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 41 of 58
features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors.
2. Historic Structure/Site PDZ
a. The general development plan or other documentation acceptable to the review
authority includes an adaptive reuse plan for the listed historic structure(s) included in the PDZ; and
b. The general development plan or other documentation acceptable to the review authority ensures that the design of any new structures to be constructed on
portions of the PDZ property that do not contain the historic structure will meet
the criteria of the latest edition of the Secretary of the Interior standards for Related New Construction.
3. Sustainable/Resilient Design PDZ. The general development plan or other documentation acceptable to the review authority ensures that the level of combined
water consumption, non-renewable energy consumption, average daily motor vehicle
trip generation, or a combination thereof from all structures and uses included in the PDZ shall be at least 25 percent lower than levels commonly experienced by development meeting current established standards in each of the reference base districts listed in the PDZ.
4. Large Development PDZ
a. If the PDZ includes housing, the applicant must submit a general development plan or other documentation acceptable to the review authority ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a
period of at least 30 years, the review authority may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and
b. The general development plan or other documentation acceptable to the review
authority ensures the PDZ will include physical investments public amenities or
public infrastructure investments or both beyond what would otherwise be
required under this chapter open to the public that significantly exceed those that
would otherwise be required under this chapter for property located in the
reference base district listed in the PDZ and that are proportionate to or greater
than the adjustments or waivers to requested development standards.
c. The applicant has submitted documentation acceptable to the review authority
sufficient to identify the five chosen plan objectives, identify specific actions to be
taken to materially advance the objectives, and provides an implementation plan
564
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 42 of 58
for actions to be carried out within 5 years and suitable to complete
implementation actions. If the implementation plan is phased to coordinate with
subdivision or other development, then implementation of each objective within
each phase must be able to be completed within 5 years of beginning of
construction within each phase.
d. The city may, in its sole discretion, require security for performance or
completion of actions as part of the general plan using the methods and
procedures of division 38.270 in conjunction with subdivision or site
development.
e. The implementation plan must include for each action proposed:
1) A timeline addressing any phasing and completing action within five years;
2) A description of any additional review procedures required before
execution can begin;
3) The responsible party to complete additional review procedures and
4) Intended funding source if applicable.
5. Combined Benefit PDZs
a. The applicant has submitted a development agreement or other documentation acceptable to the review authority ensuring the development provides at least one-
half of the amounts of affordable housing required by this division. If the PDZ
proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial
sale prices or rental rates of dwelling units, or other factors; and
b. The benefits to the city through the proposed combination of historic preservation, sustainable/resilient development, novel public benefit, and large development exceed the affordable housing benefits that the city would have received if the PDZ had included the full amounts of affordable housing required by this
division.
6. Novel Public Benefit PDZs
a. The applicant has submitted documentation acceptable to the review authority
sufficient to identify the chosen plan objectives, identify specific actions to be
taken to materially advance the objectives, and provides an implementation plan
for actions to be carried out within 5 years and suitable to complete
implementation actions. If the implementation plan is phased to coordinate with
565
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 43 of 58
subdivision or other development, then implementation of each objective within
each phase must be able to be completed within 5 years of beginning of
construction within each phase.
b. The city may, in its sole discretion, require security for performance or
completion of actions as part of the general plan using the methods and
procedures of division 38.270 in conjunction with subdivision or site
development.
c. The implementation plan must include for each action proposed:
1) A timeline addressing any phasing and completing action within five years;
2) A description of any additional review procedures required before
execution can begin;
3) The responsible party to complete additional review procedures; and
4) Intended funding source, if applicable.
38.430.100 Duration of PDZ Approval
A. Zoning Map Amendment.
1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the PDZ district is required. Final adoption of the implementing ordinance does not occur until after a final development plan meeting all conditions of approval has been reviewed and is ready for approval.
2. An approved PDZ zoning does not expire after final adoption of the implementing ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division 38.260 if:
a. The city has not received an application for a building permit before the
expiration of an approved final development plan pursuant to this section; or
b. The applicant does not proceed with development pursuant to one or more approved final development plans according to provisions for phased development approved by the city.
B. General Development Plan Duration
1. An approved general development plan is valid for a period of one year unless the
approved general development plan provides for a longer time or for phased development, or the city commission approves an extension of such time. A final development plan for at least part of the PDZ property must be approved not later than within one year after the approval of a general development plan. The applicant may
submit a written request for one extension of up to one additional year to submit the
final development plan, and the director may approve such requests for good cause shown.
566
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 44 of 58
2. If a general development plan expires, the right to proceed with the development pursuant to the approved general development plan is terminated, and the provisions of the reference base district(s) applicable to each portion of the land included in the general development plan shall apply, unless and until the city commission approves a
new general development plan pursuant to this section.
C. Final Development Plan Duration
1. A final development plan is valid for a period of at least one year one year and not more than 3 years unless the city approves a building permit and applicant begins construction of at least one primary structure within one year of the approval of a final
development plan. This may require completion of work and recording of a final plat
prior to issuance of a building permit.
2. The applicant may submit to the director a written request for extension of time of up to 2 years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F.
3. If a final development plan expires, the applicant must apply for and obtain approval of
a new final development plan pursuant to this section.
38.430.110 Amendments to Approved Planned Development Zones and General Development Plans
A. Amendments to Approved General Development Plan. After approval of a general
development plan, the applicant may request and the director may approve, minor
amendments to the general development plan, as described below.
1. Minor Amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not
contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to:
a. A change in the location of any internal street that does not affect points of access
to or from the PDZ property;
b. A change in the location of any internal park, open space, or storm drainage detention/retention facility that is not located along the periphery of the PDZ property; and
c. A change of location or orientation of any primary building on a lot or parcel;
d. An increase of less than five percent in the amount of permitted residential or non-residential lot coverage;
e. A change of less than five percent in the minimum or maximum number of parking spaces required or permitted;
567
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 45 of 58
f. A change of less than five percent in the maximum permitted height of any building; and
g. A change in any numerical building design standard by up to five percent.
h. An increase or decrease of less than five percent in the number of dwelling units
in an approved PDZ, provided that the revised number of dwelling units still
include the amounts and levels of affordable housing required by this division.
i. Revisions to phasing sequence or boundaries that do not conflict with conditions of approval or conflict with standards.
2. Major Amendments
a. A major amendment is any change to an approved general development plan not
listed as a minor amendment in this section.
b. A major amendment to an approved general development plan requires approval through the same process used to approve the original PDZ zoning and general development plan.
c. Any major amendment that proposes to increase the number of dwelling units in
an approved PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate amounts of affordable housing required by this division.
B. Amendments to Approved Final Development Plan
1. After approval of a final development plan, the applicant may request, and the review
authority may approve, amendments to the final development plan if the review
authority determines the proposed amendments are consistent with the approved general development plan and the provisions of this chapter. Amendments are subject to the minor and major amendment limits in paragraph A of this section.
2. The review authority may authorize the applicant to submit only those portions of final
development plan application materials necessary to document the proposed change, rather than submitting a new final development plan application.
3. If the review authority determines the revised final development plan requires a minor amendment to a general development plan, the review authority may approve both at the same time.
38.430.120 Removal of Property from a Planned Development Zone
A. A property owner may apply for a zoning map amendment to remove a parcel from an approved PDZ and any related general development plan or final development plan.
B. The application for a zoning map amendment must indicate the zoning district to be applied to the removed properties, which may be different from the reference base district identified
for such property in the approved PDZ.
C. The city shall consider any such application pursuant to division 38.260 and may require the applicant provide assurances that any unfulfilled obligations related to construction or
568
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 46 of 58
maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PDZ, general development plan, or final development plan will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PDZ or on any organization or entity responsible for providing or
maintaining improvements or services to the remaining PDZ properties.
38.430.130 Administrative Procedures Authorized
The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items:
A. Standards to evaluate equivalent levels of housing affordability;
B. Standards related to required levels of maintenance of historic structure;
C. Standards to measure reductions in water consumption, reductions in non-renewable energy use, and reductions in average daily motor vehicle trip generation;
D Standards to measure or evaluate equivalence of benefits to the city; and
E. Procedures for application requirements, processing, and review of a PDZ.
Section 21
That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as
follows:
DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS
Sec. 38.440.010. Intent.
A. This division is created to provide for the continued regulation of legacy planned unit
development (PUD) approved or deemed adequate prior to [effective date]. Prior to
[effective date] a PUD was a use approved within an existing zoning district and did not
modify the zoning map. This division cannot be applied to property not already within a
legacy PUD.
38.440.020. Final plan review and approval.
A. The final PUD plan must be in compliance with the approved preliminary plan and/or
development guidelines except as provided for in subsection A.2 of this section, and must
be reviewed by DRC and ADR staff and approved by the review authority.
1. Application process. Upon approval or conditional approval of a preliminary plan and
the completion of any conditions imposed in connection with that approval, an
application for final plan approval may be submitted.
569
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 47 of 58
2. Review criteria; compliance with preliminary plan. For approval to be granted, the
final plan must comply with the approved preliminary plan. This means that all
conditions imposed by the city commission as part of its approval of the preliminary
plan have been met and:
(a) The final plan does not change the general use or character of the development;
(b) The final plan does not increase the amount of improved gross leasable non-
residential floor space by more than five percent, does not increase the number of
residential dwelling units by more than five percent and does not exceed the
amount of any density bonus approved with the preliminary plan;
(c) The final plan does not decrease the open space and/or affordable housing
provided;
(d) The final plan does not contain changes that do not conform to the requirements
of this chapter, excluding properly granted deviations, the applicable objectives
and criteria of section 38.430.100, or other objectives or criteria of this chapter.
The final plan must not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and
(e) The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
B. Final plan approval. The final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the review
authority may request a recommendation from the DRB, DRC, ADR staff, or other entity
regarding any part of a proposed final plan. If a final plat is part of the final plan submittal,
the review authority per section 38.200.010 is responsible for approval of the final plat.
1. Final plats associated with a PUD must comply with the requirements of sections
38.240.150 and 38.220.070.
38.440.030 Amendments to final plan.
A. Issuance of building permits and other development approvals are based on the approved
final plan and any conditions of approval. No city administrative personnel are permitted to
issue permits for improvements which are not indicated on the approved final plan with the exception of the following:
1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without
additional public notice at the discretion of the review authority. This provision does
570
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 48 of 58
not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity.
2. Minor changes are defined as follows:
(a) Those developments that do not change the character of the development;
(b) An increase of less than five percent in the approved number of residential
dwelling units;
(c) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;
(d) A change in building location or placement less than 20 percent of the building
width without compromising requirements of the UDO;
(e) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats;
(f) A final plan which does not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and/or
(g) A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal.
B. Changes greater than minor changes must be processed as a PDZ subject to 38.430.
Sec. 38.440.040. Duration of planned unit development approval.
A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development.
2. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to
the city commission.
3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed.
B. Duration of final plan approval.
1. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section,
571
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 49 of 58
a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community
development director in accordance with the standards of section 38.230.140.F. The
granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission.
2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to
the date of expiration. Failure to submit a written request within the specified time
period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same through the
preliminary plan procedures.
3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent.
4. Final plan approval may occur multiple times under the provisions for phased PUDs
described in section 38.430.070.
Sec. 38.440.050. Enforcement of approval requirements and conditions.
The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section
38.200.160.
38.440.060 Removal of property from an approved legacy planned unit development
A. A property owner may request removal of one or more parcels from a legacy PUD.
B. Such a request for removal must be in writing to the director of community development,
must clearly identify the PUD by the city's assigned application number under which the
PUD was approved, and must clearly state that the landowner is abandoning all associated
rights and privileges due to the PUD. The property owner is not relieved from participating
in ongoing maintenance of any facilities from which they benefit. The director of
community development may establish standards for the content, form, and supporting
materials to be included in a request to abandon an approval.
C. The city will review any such application pursuant to division 38.230.150 and may require
the applicant to provide assurances that any unfulfilled obligations related to construction or
maintenance of infrastructure or amenities, provision of open spaces, preservation of access,
572
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 50 of 58
or other matters addressed in the PUD, will be satisfied without imposing additional costs or
burdens on properties that are to remain included in the PUD or on any organization or
entity responsible for providing or maintaining improvements or services to the properties
remaining in the PUD.
D. City must determine the abandonment of the PUD does not negatively impact public benefit
created by the PUD.
E. Removal from a PUD does not rescind other final approvals such as subdivisions or site
plans.
Section 22
That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman
Municipal Code be amended as follows with all other elements of the section to remain as
presently written:
M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non-
site-specific open space plans must meet or exceed the standards of these landscaping
regulations. For each 5,000 square feet of total landscape open space area between 5,000
and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of
25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1
from each column A and B unless the review authority grants a relaxation. When the
preceding calculation results in a fraction the amount of landscaping required is rounded up
to the next whole number.
Table 38.550.050-1
EXPAND
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
573
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 51 of 58
Section 23
That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the
Bozeman Municipal Code be amended as follows with all other elements of the section to remain
as presently written:
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-
premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of
more than four residential lots and for residential complexes with more than four
dwellings and more than one building, one low profile, freestanding, sign per
development entrance may be permitted. No sign may exceed 16 square feet in area or
five feet in height from the finished grade. The sign must be set back at least five feet
from the property line.
2. Residential building signs. For properties used for multi-household residential, one
wall sign per street frontage may be permitted. No sign may exceed eight square feet in
area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal
residential uses and permitted home occupations; however, such signs may not be
located in any required setback area. In addition, home occupations may be
permitted a single one-square foot sign on a mailbox or lamppost or one and one-
half square feet of freestanding signage located a minimum of five feet from the
property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do
not exceed 32 square feet in total area nor five feet in height. Such signs must be
set back at least five feet from the property line.
c. Permitted non-residential type uses, such as churches, community centers,
veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special residential type uses such as homes used as bed
and breakfasts and fraternity and sorority houses may be permitted signage as if
the underlying zoning were R-O. Such signs may be illuminated only during the
hours of operation.
4. Legacy Pplanned unit developments. Commercial establishments within planned unit
developments where the underlying zoning is residential may be permitted signage as
if the lot were in a B-1 zone.
574
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 52 of 58
Section 24
That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
Deviation. A modification of physical standards of this chapter as applied to a specific piece of
property located within the neighborhood conservation overlay district or anywhere within the
city through a planned unit development.
Section 25
That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new
definition as follows with all other elements of the section to remain as presently written:
General Development Plan. A scale drawing(s) or other documents showing the general
location of structures, uses, rights of way, parks, natural features, and utilities, existing and
proposed, on subject property or any other information as may be required by this chapter in
association with a zone map amendment to establish a general pattern and plan of development
for the area within a planned development zone.
Section 26
That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all
other elements of the section to remain as presently written:
Planned unit development (PUD). A land development project consisting of residential clusters,
industrial parks, shopping centers, or office building parks or any combination thereof that
compose a planned mixture of land uses built in a prearranged relationship to each other. and
having open space and community facilities in a common ownership or use, and/or public
parkland.
Section 27
That 38.310.060, Supplemental use provisions for the residential emphasis mixed-use zoning
district, of the Bozeman Municipal Code be amended as follows:
575
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 53 of 58
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations.
2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited by the provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking
facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master
site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter, as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with division 38.230 of this chapter.
3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersection deemed to have special significance;
576
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 54 of 58
c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for completion.
Section 28
That 38.330.020, REMU district—Special standards, of the Bozeman Municipal Code be
amended as follows:
Sec. 38.330.020. REMU district—Special standards.
A. The special standards set forth in this section are minimum standards for a development
review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter.
B. Street and circulation standards.
1. The policies and standards of the city's long-range transportation plan apply to REMU
districts. New streets within REMU districts must be complete streets that
accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations:
a. Natural storm drainage systems are allowed within street rights-of-way.
b. Boulevard strips and medians may incorporate natural drainage technologies.
c. Buildings must be oriented with front facades facing the street as specified in the block frontage standards of division 38.510 of this chapter.
d. Shared drive accesses must be used to reduce the need for additional curb cuts,
when feasible.
e. On-street parking should be maximized wherever feasible.
2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with the following specific standards of this chapter.
a. Section 38.350.070, parking and garages (for single to four-household dwellings).
b. Section 38.400.090.C.2.a, drive access requirements—Residential.
c. Division 38.510, block frontage standards (for all development except single to four-household dwellings)
d. Section 38.540.010.A.4, stacking of off-street parking spaces.
e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks.
577
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 55 of 58
f. Section 38.540.010.A.6, parking permitted in rear setbacks.
3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision
variance or PUD process.
4. Alleys. Alleys are encouraged, but not required, in the REMU district.
a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where applicable.
C. Site planning and design element standards. See division 38.520 for applicable standards
for all development types, except single to four-household dwellings. See section
38.360.220 for applicable standards for single to four-household dwellings.
D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly accessible private open spaces are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, or landscaping with
planters and furniture. Such areas may be more concentrated in size and development than
anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types of activities to encourage consistent human presence and activity.
1. Public parks and recreational areas. The requirements of this section must give direction in the development of park plans and the application of the standards of
division 38.420 of this chapter.
2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented open space.
3. Private residential open space. See section 38.520.060 of this chapter for the minimum
amount and design of usable residential open space.
E. Building standards.
1. See division 38.520 for applicable standards for all development types, except single to four-household dwellings.
2. Parking structures must not have more than one two-way vehicle entrance or two one-
way vehicle entrances facing any public way. Fifty percent of a parking structure's ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work.
3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all applicable International Building Codes.
4. All projects in the REMU district are exempt from the rear setback lot coverage requirements of section 38.360.030.I.
F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.550 of this chapter and the provisions herein. Table 38.330.020-1 lists the
578
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 56 of 58
minimum number of points needed for landscape plan approval for development types within REMU districts.
Table 38.330.020-1 Special Landscape and Planting Standards
Development type Lot with residential
adjacency
Lot without
residential
adjacency
Residential: Small-lot single-household N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Single-household N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Townhouse
2 to 4 attached units
N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Townhouse or townhouse cluster
5 or more attached units
23 23
Residential: Two to four household dwellings N/A per section
38.550.020.B
N/A per section
38.550.020.B
Residential: Apartments
5 or more units
23 23
Mixed use with residential 15 15
Non-residential projects 23 15
PUD 23 23
G. Lighting standards. See division 38.580 for applicable standards.
Section 29
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.
579
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 57 of 58
Section 30
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 31
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 32
Codification.
This Ordinance shall be codified as appropriate in Section 2 – 28.
Section 33
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 _____ day of ________________, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
580
Ordinance No. 2104, Planned Unit Development Repeal and Replace
Ord 2104
Page 58 of 58
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 ___ of
____________________, 2022. The effective date of this ordinance is ________________,
_____, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
581
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable
Housing, and Amend Associated Standards and Replace With a New Division
38.380 Affordable Housing Text Amendment, Application 22133
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, recommendation from the Community
Development Board and Economic Vitality Board, and all information
presented, I hereby adopt the findings presented in the staff report for
application 22133, and move to provisionally adopt Ordinance 2105.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City is replacing its existing affordable housing regulations, located in
Division 38.380, to address recent state law changes. Division 38.380 is being
replaced entirely. Many other sections which are affected are being
amended to match up with the new incentives based approach and clarify
related wording. See the attached staff report Executive Summary, Appendix
A, and the full text of the Ordinance for more details.
UNRESOLVED ISSUES:The analysis prepared by the housing economics firm, Root Policy Research,
suggests that the proposed code incentives at the designated affordability
levels would make a certain amount of long-term affordable housing
feasible. The unresolved policy decision revolves around whether the
flexibility allowed by the incentives is an acceptable exchange for the public
benefit of long-term affordable housing.
ALTERNATIVES:1. Do not adopt the ordinance based on findings of non-compliance with
the applicable criteria contained within the staff report;
2. Do not adopt the ordinance as it is not the policy desired by the City
Commission;
3. Direct amendments to the text prior to adoption such as:
a. Placing the shallow incentives in 38.380.030.C as baseline code
582
standards rather than incentives;
b. Repealing Division 38.380 with no replacement, continue
amendments to remove references to 38.380, and retain other
amendments; or
c. Other amendments to address issues identified by advisory bodies
or public comments.
4. Continue the public hearing on the application, with specific direction to
staff to supply additional information or to address specific items.
FISCAL EFFECTS:None identified at this time. Budgeting for support of affordable housing
occurs separately from development of regulation.
Attachments:
22133 CC Staff Report - 38.380 Replacement 8-11-2022.pdf
Ordinance 2105 38.380 Affordable Housing - Provisional.pdf
22133 38.380 Replacement - e-news.pdf
Report compiled on: August 11, 2022
583
Page 1 of 23
22133 Staff Report for the Division 38.380 Affordable Housing Text
Amendment, Ordinance 2105
Public Hearings:
Community Development – August 1, 2022.
City Commission – August 23, 2022.
Project Description: Repeal Division 38.380, Affordable Housing, and amend associated
standards and replace with a new Division 38.380 Affordable Housing. See
Appendix A for the detailed description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22133 and move to
recommend approval of Ordinance 2105. (motion failed)
Economic Vitality Board Motion: Having reviewed and considered the staff memo, draft
ordinance, public comment, and all information presented, I hereby recommend
approval of Ordinance 2105.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board and Economic Vitality Board, and all information presented, I
hereby adopt the findings presented in the staff report for application 22133, and
move to provisionally adopt Ordinance 2105.
Report: August 11, 2022
Staff Contact: Chris Saunders, Community Development Manager
David Fine, Economic Development Program Manager for Housing
Agenda Item Type: Action - Legislative
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
584
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 2 of 23
Strategic Plan Implementation ............................................................................................ 3
Public Comment.................................................................................................................. 4
Economic Vitality Board .................................................................................................... 4
Community Development Board ........................................................................................ 4
Alternatives ......................................................................................................................... 5
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
Spot Zoning Criteria ......................................................................................................... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 15
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text, advisory board recommendations, and
public comment received to date.
Unresolved Issues
The analysis prepared by the housing economics firm, Root Policy Research, suggests that
the proposed code incentives at the designated affordability levels would make a certain
amount of long-term affordable housing feasible. The unresolved policy decision revolves
around whether the flexibility allowed by the incentives is an acceptable exchange for the
public benefit of long-term affordable housing.
Project Summary
The City proposes to replace existing affordable housing regulations, located in Division
38.380, to address recent state law changes. Division 38.380 is being replaced entirely. Many
other sections which are affected are being amended to match up with the new incentives
based approach and clarify related wording. See Appendix A of this staff report and the full
text of the Ordinance for more details. The City Commission directed preparation of these
585
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 3 of 23
amendments on March 1, 2022. Commission packet materials for the March1st meeting are
available in the online archive and begin on page 456.
Elements of the proposed amendments include:
1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, changing the division from a required creation of affordable housing during subdivision development to an incentive based program for creation of affordable housing. The amendments are required by and consistent with recent changes
in state law.
The new wording describes how and when incentives can be used, how the program is
administered, and what incentives are provided. Incentives are applicable to both rental
and purchased housing. Incentives include, but are not limited to more permissive form
and intensity standards, such as increased building height and decreased lot sizes,
decreased parking requirements, and the ability to concurrently construct homes and
infrastructure.
2. Remove references to the old affordable housing standards throughout the rest of Chapter
38 of the Unified Development Code. This requires amending multiple individual sections of the municipal code. Each amended section is addressed in the replacement affordable housing code.
3. Revise requirements for residential uses to aggregate all references to incentives to the
new 38.380, and reduce land area requirements for all residential districts. All incentives
are now located in the new text of 38.380.
4. Create new standards for building height transitions for developments that use height incentives under the new division 38.380, and section 38.320.060.
5. Remove requirement for owner occupancy for accessory dwellings in the residential
suburban and residential low density zoning districts, Table 38.360.040.
6. Amend required parking standards for residential uses to require fewer parking spaces per dwelling, in Table 38.540.050.
7. Amend several definitions in Division 38.700 to conform to the proposed amendments.
Ordinance 2105 does not change any incentive or support for affordable housing outside of
Chapter 38, Unified Development Code.
Strategic Plan Implementation
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.
4.5 Housing and Transportation Choices - Vigorously encourage, through a wide
variety of actions, the development of sustainable and lasting housing options for
586
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 4 of 23
underserved individuals and families and improve mobility options that accommodate all
travel modes.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward.
Economic Vitality Board
The Economic Vitality Board (EVB) has the duties of the former Community Affordable
Housing Advisory Board. The EVB reviewed the draft ordinance on August 3rd. There was
no public comment at the meeting. The video recording of the meeting is available through
the City’s website. Discussion of the amendment begins at 16:00 in the recording. Questions
to staff begin at 28:30 in the recording. Board discussion begins at 57:10 in the recording.
The Board voted 6-1 on a motion to recommend approval of the ordinance as submitted
which motion passed.
Discussion of the EVB revolved around:
1. Appropriateness of the AMI percentage thresholds included.
2. Likelihood of use of the new incentives.
3. Potential impacts on building standards, building durability, and appearance.
4. Degree of public participation appropriate for use of the AHO with an individual
project.
5. Recapture of incentives and what happens at end of affordability period.
Community Development Board
The Community Development Board (CDB) met on August 1, 2022 to consider the proposed
amendments. The video recording of the meeting is available through the City’s website.
Discussion of the amendment begins at 1:06:30 in the recording. Questions to staff begin at
about 1:23:15 and board discussion at 2:33:35. The Board voted 1-5 on a motion to
recommend approval of the ordinance as submitted which motion failed. A motion was made
at 2:51 in the recording to recommend that the issue continue in discussion, include more
587
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 5 of 23
public engagement on the draft recommendations and language, and return to the Community
Development Board. The motion passed 6-0.
Concerns of the CDB included:
1. Uncertainty that the new proposal would create additional cost restricted housing.
2. Spillover effects from parking reductions and impact on other non-price limited areas.
3. Adequate tools to manage parking demand if on-site provision of parking is
substantially reduced.
4. Uncertainty whether the impact on community character from the exemption from
design standards in article 38.5 would cause negative perception of affordable
housing as it would have a distinct and lesser appearance and that not equally
applying the adopted standards would be detrimental to the community
5. Insufficiently demonstrated community engagement in the ordinance (no speakers or
written testimony for public hearing); and in the process of ordinance review leading
up to the ordinance.
6. Whether the ordinance would on balance be positive for the community.
7. How to measure whether there is success from the incentives.
8. Whether the draft text went “too far” in the suggested incentives and potential
impacts on the community.
Alternatives
1. Do not adopt the ordinance based on findings of non-compliance with the applicable
criteria contained within the staff report;
2. Do not adopt the ordinance as it is not the policy desired by the City Commission;
3. Direct amendments to the text prior to adoption such as:
a. Placing the shallow incentives in 38.380.030.C as baseline code standards rather
than incentives;
b. Repealing Division 38.380 with no replacement, continue amendments to remove
references to 38.380, and retain other amendments; or
c. Other amendments to address issues identified by advisory bodies or public
comments.
4. Continue the public hearing on the application, with specific direction to staff to supply
additional information or to address specific items.
588
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 6 of 23
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission held a public
hearing on these amendments on August 1, 2022, at 6 pm. They recommended the amendments
not be adopted.
The Economic Vitality Board held a public meeting to discuss these amendments on August 3,
2022. They recommended the amendments be adopted.
The City Commission will hold a public hearing on the text amendment on August 23, 2022 at
6:00 p.m.
SECTION 2 - TEXT 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 text 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 text 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 text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text 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.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
589
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 7 of 23
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. A growth policy provides a high level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in
accordance with the growth policy per 76-2-304(1) (a), MCA. The new Division 38.380,
Affordable Housing, and other associated changes are amendments to the zoning text and
therefore must conform to the growth policy. Bozeman adopted a new growth policy in
November 2020.
The Bozeman Community Plan 2020 (BCP2020) establishes the City’s policies for land
development. It continues concepts and community priorities that were established in several
prior growth policies. As early as 1972, the community’s planning documents identified
affordable housing as a concern. Affordability of housing is influenced by many issues. Only
a few of them are under control of the city. Lending practices, personal housing preferences,
labor and materials availability, and land costs are examples of material housing cost
influences that the city doesn’t control.
Bozeman’s policy for many years has been to provide a location where housing can be
created with access to centralized services. This enables construction at economies of scale
and obtains maximum use of property. This approach lessens outward expansion pressure
and keeps not only initial construction costs lower but also constrains operational costs over
time. These approaches are continued in the BCP2020 on pages 8-15.
The BCP2020 also includes priorities for sustainability and transportation that interact with
housing. Theme 1, A Resilient City, emphasizes the benefits of coordinating implementation
of community policy. Examples of applicable objectives include:
R-1.4 Be integrated: bring together a range of distinct systems and institutions.
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to
populations that are often most fragile and vulnerable to sudden impacts.
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to
populations that are often most fragile and vulnerable to sudden impacts.
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to
populations that are often most fragile and vulnerable to sudden impacts.
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done
to build on existing efforts.
The City’s Climate Action Plan includes aspirations to encourage compact development and
higher development densities.
590
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 8 of 23
There is discussion on housing affordability beginning on BCP2020 page 21. The discussion
identifies national and local trends and issues affecting affordability and housing needs. The
affordability incentives are to encourage construction of homes at prices that the market rate
construction generally cannot reach. The incentives can be paired with other housing support
such as Low Income Housing Tax Credits. Providing a tool encouraging construction of
housing focused at the lower cost range supports several goals including:
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to
populations that are often most fragile and vulnerable to sudden impacts.
N-1.1. Promote housing diversity, including missing middle housing.
N-3.3 Encourage distribution of affordable housing units throughout the City with
priority given to locations near commercial, recreational, and transit assets.
EE-1.4 Support employee retention and attraction efforts by encouraging continued
development of affordable housing in close proximity to large employers.
Sustainability and mobility options can also support housing affordability. Examples of
community plan objectives that integrate with housing affordability include:
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit
options.
DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
EPO-3.3 Support water conservation, use of native plants in landscaping, and
development of water reuse systems.
EPO-3.5 Update land development standards to implement the Integrated Water
Resources Plan.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).
The character of the community is also a subject of BCP2020 goals, objectives, and actions.
See also discussion under Criterion H.
Goal N-4: Continue to encourage Bozeman’s sense of place.
591
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 9 of 23
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
DCD-2.9 Evaluate increasing the number of stories allowed in centers of employment
and activity while also directing height transitions down to adjacent neighborhoods.
Preserving the existing character of the community is often raised in public comments and
other community feedback. There is a tension between preserving what is already here,
addressing what is needed under today’s conditions, and preparing for the future. New
development under today’s housing preferences, development pressures, and economics are
not the same as what existed many years ago. Attempting to lock away portions of the
community from change is both unsuccessful and contrary to the express intent of the growth
policy. It is also appropriate for standards, like height transitions, to address where
boundaries between different elements of the community exist.
The incentives allow higher densities, taller buildings, and smaller roadways than the
historical norm in Bozeman. This will result in a different character for those projects than
the baseline standards in place now. Bozeman’s development standards steadily evolved over
the past 30 years as community needs changed. It is expected that the community will
continue to evolve. It is expected that most development will continue to follow the baseline
standards. Therefore, the majority of the community will continue to evolve as the baseline
standards are revised. Constant change is expected in a growing community. The individual
projects that use the affordable housing incentives will fit within the overall community
framework. They in turn will create their own local character and sense of place.
No element of the proposed ordinance affects the future land use map as the incentives do not
change zoning district boundaries. Therefore, no analysis of correspondence to the future
land use map is provided.
B. Secure safety from fire and other dangers.
Criterion is met. Building code standards for fire resistance, exiting, and other protection
remain in place and will continue to protect the public. The requirements to avoid floodplains
and similar physical hazards remain in place. Therefore, access by emergency services,
suitable water and sewer services, and other safety features remain. Review of individual
applications will provide an opportunity to check for function. The incentives wording in
38.380.030 specifically states that the City can impose conditions to address identified safety
and other concerns. Generally applicable authorization to impose conditions where needed
and justified remains in Division 38.100.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. See also responses
592
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 10 of 23
to Criteria B and D. The incentives do authorize construction on smaller lots and in taller
buildings. Such allowances are not inherently counter to this criterion. Standards remain for
setbacks, light and air, emergency services, and other issues to protect public health and
physical safety.
Housing access is a factor in public safety and wellness of individuals. Cost of housing is a
significant influence on housing access. The incentives provided are intended to encourage
creation of homes available to persons with lower incomes. Bozeman has experienced very
high price escalation for homes over the past two years. The prices are increasingly beyond
the income of many of Bozeman’s workers. Loss of employees due to lack of housing has
been identified by many employers as a barrier to success and growth. In turn, lack of
economic opportunity damages the community as a whole.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion is met. 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 (CIP). The CIP identifies individual projects, project
construction scheduling, and financing of construction.
Considering the code as a whole, the standards requiring provision of the infrastructure listed
in this criterion are not being changed with these amendments.
E. Reasonable provision of adequate light and air.
Criterion met. Adequate light and air are provided by a mix of site development standards
including park dedication, on-site open space, and setbacks; as well as building code
requirements for air for combustion and ventilation. Each standard addresses a different
functional element. There is no specified quantity of day light or other physical outcome
required by this criteria. The standard is for reasonableness and adequacy, which vary by
type of use and other specifics of development. Building codes also address this criteria
through requirements for ventilation and lighting.
The incentives provide for smaller lot sizes. Setbacks remain the same so even on the smaller
lots there is opportunity for light and air to reach individual rooms. Building code
requirements for emergency exit windows in sleeping areas will also help ensure there is
access to light and air. The incentives provide for additional building height ranging from
one to four stories depending on the depth of price control for the homes and the zoning
district. This can create a substantial additional building height. Especially at zoning district
boundaries this can create shading and other impacts on adjacent properties. To lessen and
mitigate potential impacts a new requirement at zone edge transitions for buildings using the
height incentive has been created. This provides a step back requirement that leaves visual
593
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 11 of 23
access to the sky. It does not entirely remove all visual impacts of the taller allowed
buildings. At this time there is no evidence of lack of compliance by a future application.
F. The effect on motorized and non-motorized transportation systems.
Criterion is not met. The City conducts extensive planning for municipal transportation,
trails, and parks related to this criterion 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 proposed amendments do not alter these
plans. The existing standards for collector and arterial streets are not changed. The
requirements for multiuse paths and recreational trails are not changed.
The proposed incentives include reduction of required parking, to as little as zero in some
circumstances, and reduction in street cross section for a new street class called a yield street.
Consequently, there will be additional pressure for parking and transportation. Persons
constructing affordable housing can choose to provide more than the minimum parking
required. Local parking use studies have found that price limited housing in the 60% or less
AMI range does use less parking than market rate homes. The incentives do not require AMI
as low as 60%.
Minimum parking requirements for most homes is also proposed to be modified as in
Ordinance section 15. The most recent available census data from 2010 shows a high
proportion of homes in Bozeman are occupied by one person. This supports a lower parking
requirement. The definition of Household to implement federal fair housing law allows for
much larger numbers of occupants which may need greater parking areas. The amendment to
general parking standards strives to find a reasonable balance between the highs and lows.
The reduction does increase the probability that a high occupancy home will be under parked
for the number of users on site.
There are other tools to manage on-street parking and congestion. The City has been
investigating those. Some parking districts with associated permit systems are already in
place around MSU and Bozeman High School. A parking benefit district system has been
adopted in Chapter 36 Article 4 Division 3 of the municipal code but has not yet been
activated. Active parking management could be expanded to address possible impacts from
the reduced parking requirements.
The growth policy includes DCD-3.6 “Evaluate parking requirements and methods of
providing parking as part of the overall transportation system for and between districts.”
Continuation of the ongoing evaluation of parking options and alternative means to manage
parking is consistent with the growth policy.
The nature of an incentive is that it inevitably involves a trade-off of one good thing for
another. In this case, the City is willing to accept some additional risk of overflow parking
and street congestion in order to support the desired outcome of increasing low and
moderately priced housing stock.
594
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 12 of 23
G. Promotion of compatible urban growth.
Criterion is met. 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
development does not require uniformity or monotony of architectural or site design, density
or use.”
There is no one pattern or method in which to build a community. Many different
configurations of uses and buildings can coexist well. The City has adopted many standards
to identify and avoid or mitigate demonstrable negative impacts of development. Most of
those standards will remain as presently adopted. The adoption of the incentives is a
legislative determination that under the new standards as well as the old, compatibility can be
maintained. At this time there is no evidence of lack of compliance by a future application.
Therefore, staff concludes the criterion is met.
H. Character of the district.
Criterion is not met. Section 76-2-301 MCA says “Municipal zoning authorized. For the
purpose of promoting health, safety, morals, or the general welfare of the community, the
city or town council or other legislative body of cities and incorporated towns is hereby
empowered to regulate and restrict the height, number of stories, and size of buildings and
other structures; the percentage of lot that may be occupied; the size of yards, courts, and
other open spaces; the density of population; and the location and use of buildings, structures,
and land for trade, industry, residence, or other purposes.”
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.
The City has adopted form and intensity standards in Division 38.320 as part of the
implementation of the zoning enabling language cited above. The City has adopted building
and site design standards in Divisions 38.510 and 38.530 also as part of the implementation of
the zoning enabling language cited above. These are applied to all development according to
the district in which the development is located. Part of the incentives offered in the new
Division 38.380 for construction of price limited homes is to waive or reduce portions of these
standards. The waiver applies to all applicable buildings within the development, not just those
which include price limited homes.
595
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 13 of 23
Character of a district is made up of many different elements; including but not limited to uses,
size of lots, and building features. There is no one pattern, design style, or method which is
always the best way to build a community. The City has adopted a range of zoning districts to
address different needs. The zoning districts are amended from time to time as needs of the
City and its residents change. The City regularly updates its regulations to stay current with
the changing needs of the community. Many different configurations of uses and buildings can
coexist well and the City does not restrict specific architectural styles. The City’s growth policy
and allowed land uses per zoning district encourage mixed uses.
The City’s residential zoning districts all provide for a range of residential uses and building
configurations. This is long standing practice and does not change with this ordinance. The
ordinance does not alter the uses allowed in individual zoning districts. It does move
authorization for some uses to consolidate location of incentives in the code.
Incentives inevitably involve a trade-off of one good thing for another. In this case, the City
is willing to accept some difference in the otherwise required character of the various
districts in order to support the desired outcome of increasing low and moderately priced
housing stock. Depending on the district and depth of commitment to price limited homes an
additional 1-4 stories are permitted. Minimum lot sizes are reduced or waived. Parking
requirements are reduced. Depending on how incentives are applied it will result in a
different and more intensive character of development than would otherwise be possible
within the specific district. Any development proposing housing may elect to use the
incentives. It is not possible to predict how many or on what distribution they will occur. Any
residential district and most non-residential districts may see a development use the
incentives. It is beneficial for affordable housing to be distributed throughout the community
and not concentrated in just one portion.
This proposal amends the text only and not the zoning map. The proposal does not add or
delete zoning districts.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed
within zoning districts. The amendments do relocate some existing uses from the tables in
38.310 to 38.380 so all the incentives are located in 38.380. This relocation does not add or
detract from the ability to construct a range of home configurations and residential uses in
residential district. Therefore, no detailed analysis regarding this criterion can be performed.
J. Conserving the value of buildings.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed within
zoning districts. No standard is being created which will reduce allowed building areas or
otherwise restrict the development capacity of a specific property. Staff does not find that the
amendments are likely to have negative impacts on existing buildings. It is premature to
consider specific proposals.
596
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 14 of 23
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion is met. The zoning map and future land use map of the growth policy identify areas
where specific uses are generally appropriate. However, both occur at a coarse level of detail
and do not authorize construction. Both residential and most non-residential districts contain
the opportunity for housing construction in some form. The proposed amendments do not
alter the allowed uses in zones. This amendment is consistent with the growth policy
including the future land use map, see Criterion A. The ordinance does not change the zoning
map. Therefore, the criterion is met.
Spot Zoning Criteria
Amendments to the zoning map may, in certain factual circumstances, constitute
impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any
way at this time. Spot zoning is therefore not a review criteria.
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 Ave., PO Box 1230,
Bozeman, MT 59771-1230.
597
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 15 of 23
APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
The recent pandemic amplified existing housing and work trends and housing prices have
greatly increased over the past three years. An article by Tim Ford in the May 1, 2022,
Bozeman Magazine shows median single home sale prices in the Bozeman area increasing
over the first quarter 2020 to first quarter 2022 by $389,000. This is an increase of 76% in
two years.
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not
To Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
issues are discussed and the section concludes that construction within the City is a better
outcome.
Affordable housing is a long standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
needs for housing and the challenges in providing housing at costs affordable to residents.
The state legislature has limited the tools the City has to support affordable housing
construction. The City is required to use incentives to encourage construction rather than
mandating the construction of affordable housing. The proposed ordinance places an
increased emphasis on affordable housing as a public benefit in exchange for the flexibility
allowed through the updated Division 38.380.
The City has many ongoing efforts to support creation of housing overall including:
o supporting and completing infrastructure construction,
o primarily of-right development review except where required by state law,
o use of tax increment financing in support of housing,
o general fund support for affordable housing projects, and
o many others.
The City consistently reviews and updates its regulations to keep them relevant and effective.
Over the past 20 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
• reduced standards such as land area per home by up to 60%,
• reduced setbacks from property lines by as much as 58%,
• removed requirements for minimum home sizes,
• increased maximum allowed heights,
• authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
598
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 16 of 23
• simplified landscaping standards and encouraged lower water use plantings,
• approved dozens of zone map amendments to allow more intensive uses, and
• simplified review processes.
Despite this work, the cost of housing has continued to escalate, especially compared to
wages.
The gap between cost of construction and wages is not limited to Bozeman city limits. The
One Valley Foundation prepared a housing study in 2021 looking at the entire county and
affordable housing issues. Across all housing types and locations they found consistent gaps
in available wages and cost of construction. The following image is from that report.
There are no regulations that have such impact that their removal could be even close to
offsetting such large increases in home prices and capital gaps between wages and cost of
construction. The City can, and is, examining what it does control to identify such
incremental improvements as may help. To do so, the City retained Clarion and sub
consultants to review the City’s land use regulations. Clarion provided a report with
recommendations of possible changes. The City Commission considered that report on
599
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 17 of 23
March 1st and directed staff to begin drafting amendments to regulations. Commission
materials for the March 1st meeting are available online through the City’s archive.
Materials in the Commission packet included the staff memo, financial feasibility analysis of
the suggested incentives for affordable housing, and the Clarion housing assessment report.
This work was supported by multiple public outreach efforts including but not limited to:
April 20, 2021 outreach to the development community
April 26, 2021 joint meeting of the planning board and zoning commission
May 12 and September 8, 2021 meetings of the community affordable housing advisory
board
September 15, 2021 Neighborhoods outreach meeting
The public review process for the individual ordinance has followed required procedures for
public notice, meetings, and hearings providing multiple opportunities for interested persons
to meaningfully comment and participate.
The first of the amendments to move forward was the Housing Departures for Housing
Creation text amendment, Ordinance 2111. Ordinance 2111 completed final adoption on
June 28, 2022. The effective date of the ordinance is July 28, 2022. The second amendment
was a replacement of Division 38.430, Planned Unit Development, and associated
amendments to other sections. The Commission held a public hearing on Ordinance 2104 on
July 12, 2022 and directed an amendment before moving forward. The amendment wording
is being developed and will return to the City Commission on August 23, 2022.
The City of Bozeman engaged Clarion Associates and their sub-consultant, Root Policy
Research, a firm specializing in housing economics, to propose changes to the unified
development code (UDC) to incentivize the production of community housing units. A key
way to evaluate any incentive is to apply a “but for” test: The incentive must enhance the
feasibility of providing affordable housing units that would not be financially feasible “but
for” the application of the incentive. The team developed prototype proformas of for-sale and
rental housing types from single household detached housing units to multi-household units
based on regional housing prototypes and costs, market data and interviews. These proformas
create base case scenarios for evaluating the financial feasibility of affordable housing
production within existing code. The consultants modeled the following base case scenarios:
• 3-story rental residential with standard parking requirements (2.0 spaces for a 2-
bedroom unit);
• 3-story multifamily condo development with standard parking requirements (2.0
spaces for a 2-bedroom unit)
• For-Sale townhomes with a 3,000 square foot lot size
• Single-household units with a 4,000 square foot lot size
600
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 18 of 23
The UDC currently allows for these base case scenarios in applicable zoning districts, where
townhomes and multifamily, respectively, are currently allowed.
The consultants applied code incentives to these base case scenarios to see how the
incentives change the feasibility of providing affordable housing units. These incentives
constitute a bonus on what is currently allowed by the code. The proposed code changes
include the following incentives:
• Reduced lot size requirements
• Reduced parking requirements
• Increased building height allowances
The consultants adjusted the base case scenarios by allowing smaller lot sizes, increased
building heights, and/or parking reductions in exchange for the inclusion of income-
restricted, affordable, units in the development. They evaluated the impact of these bonuses
on project feasibility and projected the percentage of affordable housing units these
incentives would facilitate that would likely not exist “but for” the incentive.
601
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 19 of 23
Shallow Affordability Incentives
Clarion found that incentives that would ordinarily enhance affordability had only modest
impact in the Bozeman market. Yet, long-term affordable housing units remain community
assets and every unit counts. The consultants found that the application of height, lot size,
and parking incentives would feasibly produce between 1.5% affordability, and 13%
affordability, depending on the housing type. Based on these projects Staff and Clarion
recommend the following Shallow Incentives:
602
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 20 of 23
These Shallow Incentives would allow the market to produce long-term affordability with a
range of housing unit types without the provision of cash or another subsidy.
Deep Affordability Incentives
Clarion recommended larger code-based incentives for developments that produced
affordability well-beyond what the market would produce with code-based incentives alone.
These projects, like GMD’s Arrowleaf and Perennial Park low-income housing tax credit
(LIHTC - “Li-Tech”) development and the Bridger View development near Story Mill Park,
produced affordability in 50% or more of their units by harnessing federal monetary subsidy,
social impact investing, and private philanthropy. In exchange for this depth of affordability,
Staff and Clarion recommend the following Deep Incentives:
603
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 21 of 23
Given the massive public and private incentives required to produce deep affordability, Staff
believes providing more significant incentives are appropriate, and likely necessary, to make
more projects like these possible.
The amendments proposed in Ord. 2105 replace requirements in code that certain
subdivisions include a percentage of price limited homes. The state legislature prohibited
such requirements in 2021. The legislature does allow communities to provide incentives to
encourage creation of affordable housing. The incentives provided in the new Division
38.380, section 12 of the ordinance, occur in two tiers. See proposed section 38.380.030
beginning on page 19 of the ordinance for details. Developments providing a greater number
of homes meeting price caps have additional incentives. The incentives apply throughout the
entirety of a development including qualifying residential buildings, even if some buildings
in the development contain no price limited homes. The provisions of 38.380 do not affect
other incentives or tools the City has to support affordable housing, like direct funding.
Home prices are keyed to the Area Median Income (AMI). AMI is established each year by
the U.S. Department of Housing and Urban Development. AMI is a standard measure used
for many functions including determination of housing affordability. A home is considered
affordable if a household pays 33% or less of its income for housing. AMI is the amount of
money where half of the households earn more and half less in the county. The AMI includes
adjustments for households with more or fewer members.
A larger and more comprehensive code review is beginning and is expected to conclude by
the end of 2023.
604
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 22 of 23
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 7/17/2022, 7/24/2022, 8/07/2022, and
8/14/2022 and contained all required elements. The notice and text was also provided
through the City’s Community Development web viewer and through a news feature on the
City’s website. Notice was provided at least 15 days before the public hearing before the
Community Development Board in their capacity as the Zoning Commission, and not more
than 45 days prior to the City Commission public hearing. The City exceeded the required
notice provision. Hearing dates are on the first page of this report.
No written public comment has been received so far on this Ordinance. Comments are
available through the Laserfiche archive. If comments are received they will be placed in the
project folder in Laserfiche.
Prior Engagement
This amendment is an outcome from the code audit performed by Clarion in 2021. During
that work multiple public meetings with applicable advisory boards, City Commission,
development community, and general public were held. The final draft was released in
December 2021. On March 1, 2022, the results of the audit were provided to the City
Commission. For a summary of the public engagement and responses from the community
see the code audit web page.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
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 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.
605
Staff Report for the Division 38.380 Replacement Text Amendment 22133 Page 23 of 23
Ordinance 2105
Public information sheet
606
Ord 2105
Page 1 of 36
ORDINANCE 2105
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING,
AMEND SECTION 38.200.010 REVIEW AUTHORITY TO ASSIGN RESPONSIBILITY
FOR AFFORDABLE HOUSING ADMINISTRATION, AMEND TABLE 38.310.030.A
PERMITTED GENERAL AND GROUND RESIDENTIAL USES IN RESIDENTIAL
ZONING DISTRICTS TO REMOVE REFERENCES TO HOUSING ALLOWED BY
38.380, AMEND TABLE 38.320.030.A MINIMUM AND MAXIMUM LOT AREA, AMEND
TABLE 38.320.030.B MINIMUM LOT WIDTH TO REMOVE REFERENCES TO
HOUSING ALLOWED BY 38.380, AMEND 38.360.060 ZONE EDGE TRANSITIONS TO
ESTABLISH TRANSITION STANDARDS FOR DEVELOPMENT USING HEIGHT
INCENTIVES CREATED IN 38.380, AMEND 38.340.040 CERTIFICATE OF
APPROPRIATENESS TO REMOVE EXCEPTIONS FOR PROJECTS SUBJECT TO
38.380, AMEND TABLE 38.360.040 ADU USE TABLE IN RESIDENTIAL ZONING
DISTRICTS TO REMOVE RESTRICTIONS AND REDUNDANT LANGUAGE, AMEND
38.360.100 CONDOMINIUMS TO REMOVE LANGUAGE NO LONGER APPLICABLE
DUE TO CHANGES TO 38.380, AMEND 38.360.120 COTTAGE HOUSING TO REMOVE
LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380 AND TO
REMOVE AFFORDABILITY REQUIREMENTS, AMEND 38.410.030.G TO REMOVE
REFERENCES TO 38.380 NO LONGER APPLICABLE, AMEND 38.420.020.A TO
REMOVE REFERENCES TO 38.380 IN PARK DEDICATION REQUIREMENTS,
AMEND 38.700.020 A DEFINITIONS TO ADD OR REVISE DEFINITIONS FOR
AFFORDABLE HOME, AFFORDABLE HOUSING, AND AREA MEDIAN INCOME,
AMEND 38.700.050 D DEFINITIONS TO ADD DEFINTION OF DEVELOPER, TO
AMEND 38.700.090 H DEFINITIONS TO REVISE THE DEFINITION OF HOUSEHOLD,
AMEND 38.700.150 S DEFINTIIONS TO ADD DEFINITION OF YIELD STREET TO
STREET TYPES.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
607
Ordinance No. 2105, Affordable Housing Ordinance
Page 2 of 36
WHEREAS, after proper notice, the Community Development Board acting in their capacity as the Bozeman Zoning Commission held a public hearing on August 1, 2022 to receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that those element of application No. 21338 related to Ordinance 2105, be not approved; and WHEREAS, the Economic Vitality Board recommended to the Bozeman City
Commission that Ordinance 2105 be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on [DATE], to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, and found that the proposed amendments would be 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 establishes goals to increase the supply of affordable
housing in the city. To fulfill these goals, the community plan establishes numerous
objectives to promote housing affordability and diversity through increased supply of
certain types of housing.
3. The city commission identifies affordable housing as one of its main strategic goals:
“Housing and Transportation Choices - Vigorously encourage, through a wide variety of
actions, the development of sustainable and lasting housing options for under-served
individuals and families and improve mobility options that accommodate all travel modes.”
4. The Community Housing Needs Assessment (February 2019) was completed to help the
city identify, understand and address the housing challenges and problems faced by local
residents and employees in the city.
5. The Bozeman Community Housing Action Plan was approved by city commission on
November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a
608
Ordinance No. 2105, Affordable Housing Ordinance
Page 3 of 36
partnership framework to address affordable housing (also called community housing) in
Bozeman over a five-year period and recommends edits to this chapter.
6. The city’s first inclusionary zoning policy was adopted in 2007. In April, 2021, the
Montana State Legislature adopted House Bill 259, which prohibits local governments
from requiring housing fees or the dedication of real property for the purposes of providing
housing for specified income levels or sale prices and which prohibits zoning regulations
that require housing fees or the dedication of real property for the purposes of providing
housing for specified income levels or sale prices.
7. Following the passage of House Bill 259, the city commission desires to replace the city’s
current Affordable Housing Ordinance with this ordinance, which does not require any of
the actions prohibited by House Bill 259, but instead offers incentives to property owners
and developers willing to construct housing at levels of affordability consistent with the
housing needs and goals identified in the community plan, the community housing needs
assessment, and the community housing action plan.
8. Limited housing opportunities within the city negatively impacts economic development,
transportation networks, and sustainability. Affordable housing needs must be addressed
to maintain a sufficient resident workforce in all fields of employment, and to ensure the
public safety and general welfare of the residents of the city, affordable housing needs must
be addressed.
9. The incentives codified in this ordinance will advance the city's legitimate interest in
assuring that additional housing is built in the city.
10. This ordinance is adopted pursuant to the city's self-governing powers, the city’s zoning
authority, and the police power to protect public health, safety, and general welfare.
11. 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.
12. Zoning, including amendments to the text, must be in accordance with an adopted growth
policy.
13. House Bill 259 being passed into law by the 2021 Montana Legislature, the City must
revise its regulations to conform to revised authority for zoning and subdivision.
14. A staff report analyzing the required criteria for a text amendment, including accordance
to the Bozeman Community Plan 2020, found that the required criteria are satisfied and
the criteria for consideration have been evaluated and after balancing community and legal
priorities the benefits of Ordinance 2105 outweigh the disadvantages.
15. 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.
16. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing and transmitted their recommendation to the City
Commission prior to the City Commission consideration of the ordinance.
609
Ordinance No. 2105, Affordable Housing Ordinance
Page 4 of 36
17. 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.
18. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
Section 2
That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows with
all other elements to remain as presently adopted:
H. The director of economic development must oversee, review, and as needed approve, approve
with conditions or deny, and manage after approval the following development elements and processes:
1. Division 38.380 Affordable Housing.
I H. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
J H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.
K I. Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter.
Section 3
That Table 38.310.030.A. Permitted general and group residential uses in residential
zoning districts is amended as follows:
Table 38.310.030.A Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
610
Ordinance No. 2105, Affordable Housing Ordinance
Page 5 of 36
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling
units* - attached or
detached (38.360.040)
P P P P P P P —
Accessory dwelling
units* - detached
(38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited4 3
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household
dwelling or four-
household dwelling
(38.360.220)
— — — P P P P —
Townhouses* &
rowhouses* (two
P2 — P2 — P P P P P P3 —
611
Ordinance No. 2105, Affordable Housing Ordinance
Page 6 of 36
attached
units)(38.360.250)
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P3 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article.
612
Ordinance No. 2105, Affordable Housing Ordinance
Page 7 of 36
2 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
3 4. Supplemental use criteria for apartment building, limited are in section 38.360.070.
Section 4
That Table 38.320.030.A. be amended as follows:
Table 38.320.030.A Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject
to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding
number immediately following the table. If there are multiple numbers, then all development
conditions apply.
Use
Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum lot area in a lot per dwelling (square feet)1(38.320.030.A)
Single-
household
dwelling
4,0001 4,0001 4,0001 4,0001 4,0001 3,0001 4,0001 3,0001
Single-
household
dwelling (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
Two-household
dwellings
— — 2,5001 2,5001 2,5001 2,500 3,000 —
Two household
dwellings (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — 2,500 2,500 2,500 2,500 2,500 —
613
Ordinance No. 2105, Affordable Housing Ordinance
Page 8 of 36
Lot area per
dwelling in
three- or four-
household
dwelling
configurations
— — — 3,000 3,000 None 3,000 —
Lot area per
dwelling in
three- or four-
household
dwelling
configurations
(only for
dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — — 2,500 2,500 None 2,500 —
Townhouses &
rowhouses per
dwelling
— — 3,0002 3,00032 3,00032 None 3,00032 —
Townhouses &
rowhouses (only
for dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
2,5003 2,5003 2,5003 2,5003 2,5003 None 2,5003 2,500
Apartments –
First Dwelling
— — — — 3,000 None 3,000 —
Apartments –
Each dwelling
after the first
— — — — 1,200 None 1,200 —
Apartments and
Apartment
Building,
Limited—First
dwelling
— — — — 5,000 None 5,000 —
614
Ordinance No. 2105, Affordable Housing Ordinance
Page 9 of 36
Apartments and
Apartment
Building,
Limited —Each
dwelling after
the first
— — — — 1,200 None 1,200 —
Apartment
Building,
Limited—Each
dwelling
— — — 3,000 — — — —
Apartments—
Each dwelling
after the first
(only for
dwellings to
satisfy minimum
requirements of
division 38.380
of this chapter)
— — — — 900 None 900 —
Additional area
required for an
accessory
dwelling unit
1,000 4 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001
Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.53 5 2.53 5 2.53 5 2.53 5 —
Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the
required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot.
2. Per townhouse lot or rowhouse dwelling.
2 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
615
Ordinance No. 2105, Affordable Housing Ordinance
Page 10 of 36
35. Departures from the maximum lot size requirements may be allowed where the
planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.
Section 5
That Table 38.320.030.B, be amended as follows:
Table 38.320.030.B
Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject
to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding
number immediately following the table. If there are multiple numbers, then all development
conditions apply.
Use
Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-
household
dwelling
50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401
Single-
household
dwelling (only
for dwellings to
satisfy
requirements of
division 38.380
of this chapter)
30 30 30 30 30 30 30 30
Two household
dwelling
— — 60/501 60/401 50/401 50/401 50/501 —
Accessory
dwelling unit3
50 40 40 40 40 None4 40 —
Accessory
dwelling unit3 on
lots with
Townhouses
30 30 30 Width
of
interior
units2
Width
of
interior
units2
Width
of
interior
units2
Width
of
interior
units2
—
Dwellings in
three- or four-
- - — 60 60 None2,4 60 —
616
Ordinance No. 2105, Affordable Housing Ordinance
Page 11 of 36
household
dwelling
configurations
Townhouses 30 30 30 Width
of
interior
units,2
Width
of
interior
units,2
Width
of
interior
units,2
Width
of
interior
units,2
—
All other uses 50 50 50 50 50 None2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize
compliance with standards for legal and physical access, street trees, on-street parking,
garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter
relating to accessory buildings. Lot area and width must be provided as if the dwelling
were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards.
Section 6 That 38.320.060, Zone edge transitions, be amended as follows:
Sec. 38.320.060. Zone edge transitions.
A. Intent. To provide measures that help to provide a compatible transition between certain higher and lower intensity zoning districts.
B. Zone edge transition standards. The following standards are intended to supersede other
form and intensity standards in this division.
1. Setback adjustments.
a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and streets.
b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: five feet. No additional setbacks are required adjacent to alleys and streets
617
Ordinance No. 2105, Affordable Housing Ordinance
Page 12 of 36
2. Height/setback adjustments.
a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the RS, R-1, or R-2 district. From a height of 38 feet at a ten foot setback from the property line adjacent to from the applicable residential districts,
buildings must step back at a 45 degree angle away from the applicable property
line as shown in figure 38.320.060. No such 45 degree angle setback is required if separated by a street.
b. For development on sites in the B-3 district that border R-3 and R-4 districts. From a height of 38 feet at a five foot setback from the property line adjacent to
from the applicable residential districts, buildings must step back at a 45 degree
angle away from the applicable property line.
c. For buildings located at the edge of a zoning district and which use the height incentives of 38.380.030. At the required setback from property line for the district in which the site is located; and from the maximum building height
allowed in the district without the height incentive; buildings must step back at a
45 degree angle away from property lines. This requirement does not apply to interior common walls within the same development, such as between townhomes.
d. Permitted 45 degree angle step back encroachments in a-c of this paragraph:
(1) Permitted horizontal encroachments include those elements and standards set
forth in section 38.350.050.A.
(2) Permitted vertical encroachments include those elements and standards set forth in section 38.350.050.D.
Section 7 That 38.340.040. Certificate of appropriateness, be amended as follows:
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review
authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows:
1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site
618
Ordinance No. 2105, Affordable Housing Ordinance
Page 13 of 36
which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations,
street vision triangle, finished side out, etc. per section 38.350.060) which
are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is
present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge
of the exterior walls, which meet the setback requirements, are not more than
14 feet to their highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in
section 38.340.080 apply.
3. The architectural designs of individual affordable housing units used to satisfy the requirements of section 38.380.030 and are exempt from the review requirements of this part 1. This exemption does not extend to removal or alterations of existing structures.
Section 8 That Table 38.360.040. ADU use table in residential zoning districts, of the Bozeman
Municipal Code be amended as follows:
Table 38.360.040
ADU use table in residential zoning districts
Table clarification:
1. Uses: P = Principal; S = Special uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
619
Ordinance No. 2105, Affordable Housing Ordinance
Page 14 of 36
3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 RMH REMU
Detached
ADU2 & 3
P P P P P P — P
Attached
ADU2, 3 & 4
P P P P P P — P
Owner
occupied
Yes1
Not
required
Yes1
Not
required
Not
required
Not
required
Not
required
Not
required
— Not
required
The following ADU standards and 38.320.070 apply to all zoning districts:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADU's are permitted above accessory buildings and on the
ground floor. Ground floor ADUs require alley access or
pedestrian connection to a sidewalk or the adjacent right-of-
way.
Parking requirement ADUs are not subject to minimum parking requirements. If
parking is provided it must conform to all applicable
standards.
Unit size In no case may an ADU be larger than 600 square feet or have
more than a single bedroom. The method of calculating the
maximum ADU square footage will be "living area" defined
as "all floor area exclusive of areas with a sloped ceiling less
than three feet in height, stairwells, and exterior decks."
Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space must
be included in the maximum square footage calculation.
Design requirements Detached ADUs, including second story additions on
detached garages may be approved only if found compatible
and consistent with the existing character and fabric of the
neighborhood. The review authority must consider placement
and size of windows, decks, balconies, fencing, landscape
620
Ordinance No. 2105, Affordable Housing Ordinance
Page 15 of 36
screening, and height and massing of the structure to
minimize impacts to adjacent properties.
Height limit Notwithstanding the limitations in section 38.360.030.G, a
detached ADU may exceed the height of the principal
building but may not exceed 22 feet in height.
Garage conversions Garages may not be converted for use as ADUs unless all
required parking for all uses on the lot is otherwise provided
prior to conversion. However, ADUs may be placed above
garages except where otherwise noted.
Minimum standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has
been configured to accept an ADU with adequate lot area,
utility services, and compliance with setbacks and height
standards.
Notes:
1. R-S and R-1 occupancy. At least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site as their primary residence. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may
require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval.
2. Any ADU created within an accessory building is subject to the limitations of 38.360.030.
3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380.
4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria:
a. Lot area per Table 38.320.030 is provided.
b. The ADU does not exceed one-third of the total area of the principal structure.
c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry.
Section 9 That 38.360.100, Condominiums, of the Bozeman Municipal Code be amended as
follows:
621
Ordinance No. 2105, Affordable Housing Ordinance
Page 16 of 36
Sec. 38.360.100. Condominiums.
A. Unit ownership act. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act.
B. Condominium association. A condominium association must be established for each
condominium development. The developer must prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and approval prior to the granting of plan approval or approval for condominiumization of existing development.
C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020.
D. Condominiums may be subject to chapter 38, division 380.
Section 10 That 38.360.120.A of the Bozeman Municipal Code be amended as follows:
A. Purpose and intent.
1. The purpose of this section is to achieve the goals and objectives of the land use and
housing chapters of Bozeman's growth policy and the goals of the Inclusionary
Housing Ordinance, division 38.380 Affordable Housing. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy.
2. Cottage housing development regulations are designed to:
a. Provide opportunities for creative, diverse and high quality infill and greenfield development compatible with existing neighborhoods;
b. Support development of diverse housing in accordance with the growth policy;
c. Increase the variety of housing types available within the community;
d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and
e. Provide opportunities for small, detached cottages within existing neighborhoods.
Section 11 That 38.360.120.C of the Bozeman Municipal Code be deleted and the remainder of the
section renumbered.
622
Ordinance No. 2105, Affordable Housing Ordinance
Page 17 of 36
C. Affordable housing applicability. The requirements of division 38.380, unless specifically
modified in this article, apply to all cottage housing subdivisions regardless of the number
of cottages proposed to be included in the development. Notwithstanding the provisions of
division 38.380, a cottage housing subdivision must provide at least one lower-priced home,
or three moderate-priced homes. A cottage housing subdivision may have more affordable
homes than the required minimum.
Section 12
Division 38.380. - Affordable Housing is repealed in its entirety and replaced to read as
follows:
Division 38.380 Affordable Housing
38.380.10 Purpose
A. The purpose of this division is to promote the public health, safety, and welfare by
incentivizing increased production of affordable rental and for sale housing to meet the needs
of city residents and the goals of the adopted growth policy and the community housing action
plan.
B. In addition, the purpose of this division is to offer incentives tailored to the levels of housing
affordability in new development and redevelopment, with greater incentives being offered
to those producing or preserving housing affordable to households earning lower percentages
of the Bozeman Area Median Income (AMI).
C. In addition, this division alleviates the reduction in the land supply available to accommodate
future affordable housing development that would result if most or all of the available
residential land is used solely for the benefit of households that are able to afford market-rate
housing.
38.380.020 Applicability
A. Generally. The following types of development are eligible to use the incentives described in
this division. Affordable home incentives, described in section 38.380.030, may be approved
in conjunction with an annexation, subdivision, or site plan that:
1. Contains or will contain dwellings; and
2. That commits to providing at least the minimum percentages of dwellings in the
development at rental rates or sales prices affordable at no more than the maximum
percentages of AMI established in Table 38.380.020-1 or Table 38.380.020-2 and
consistent with all requirements of 38.380.
623
Ordinance No. 2105, Affordable Housing Ordinance
Page 18 of 36
Table 38.380.020-1
Affordable Homes Required for Deep Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental Dwellings For-Sale
Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>50% 80% of AMI 120% or AMI =>30 years
Table 38.380.020-2
Affordable Homes Required Shallow Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental Dwellings For-Sale
Dwellings (includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>5% 80% of AMI 120% or AMI =>30 years
B. The City and a landowner may agree by contract to future development on a property
producing the housing identified above in exchange for the incentives in this division.
C. Previously Approved Development
1. A previously annexed but undeveloped parcel of land, subdivision, or site plan that has
received final approval before the effective date of this division, and that has not
previously received an incentive in return for commitments to include affordable housing
in the development, may apply for affordability incentives listed in section 38.380.030.
The property owner or applicant for the previously undeveloped parcel must make a
written commitment to meet the affordability standards for rental rates or sales prices in
this section consistent with 38.380.040. The affordable housing plan must be submitted
and approved prior to use of any incentive.
624
Ordinance No. 2105, Affordable Housing Ordinance
Page 19 of 36
2. Only that portion of the amended preliminary plat or site plan, including associated code
standards and conditions of approval, pertaining to the request for approval of one or
more procedural adjustments and subsidies will be subject to additional preliminary plat
or site plan review.
D. Assumptions and Calculations
1. All references to AMI are to the most recent Area Median Income established by the U.S
Department of Housing and Urban Development (HUD). As HUD publishes updated
AMI values they are immediately effective without further action by the City. The city
may establish administrative procedures for application and implementation of AMI in
calculating dwelling costs in accordance with 38.380.070.
2. To determine the maximum sales prices of affordable homes with different numbers of
bedrooms, the city will base its calculation on AMIs for households of different sizes, as
follows, with the review authority determining which rooms qualify as bedrooms:
a. Studio dwelling: AMI for a one-person household;
b. One bedroom dwelling: AMI for a two-person household;
c. Two bedroom dwelling: AMI for a three-person household; and
d. Three bedroom unit or larger: AMI for a four-person household.
3. If the calculation of the required number of affordable homes results in a fraction of a
home, fractions equal to or less than 0.5 shall be ignored, and fractions greater than 0.5
shall be rounded up to require the construction of one affordable home, which may be a
studio unit.
38.380.030 Incentives Available. Applications for development of affordable homes that
comply with the requirements of this division qualify for and must be awarded the incentives
applicable to the type and tenancy of affordable housing being provided and requested by the
developer.
A. Incentives may be applied to:
1. Dwellings in single use residential or mixed-use residential/nonresidential
development.
2. If a single building contains a mix of residential and nonresidential primary uses, these
incentives are only available if 50 percent or more of the gross floor area of the building
contains residential uses.
The incentives below supersede the standards otherwise applicable in this chapter. The city retains
the authority to approve, approve with conditions, or deny the project as a whole based on
compliance with other portions of this title or other city regulations, but shall not attach conditions
to an approval that have the effect of removing the incentives awarded in this section.
B. Incentives for Table 38.380.020-1 Deep Incentives. If the developer proposes to construct
affordable homes that meet the standards in Table 38.380.020-1 in the same geographically
contiguous development as market rate homes, the developer may apply the following
625
Ordinance No. 2105, Affordable Housing Ordinance
Page 20 of 36
incentives to all primary buildings in the development in which 50 percent or more of the
gross floor area contains residential uses:
1. For single-household detached dwellings:
a. Minimum lot size of 2,000 square feet; or 1,600 square feet if the applicant
demonstrates that all applicable city regulations related to lot development, access
and utilities can be met.
b. No minimum lot width requirement above that necessary for access and utilities if
the applicant demonstrates that all applicable city regulations related to lot
development, access and utilities can be met.
c. Off-street parking requirement of one space per dwelling.
e. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed.
2. For single-household attached dwellings (townhouses and rowhouses):
a. Minimum lot size of 1,600 square feet; or 1,400 square feet if the applicant
demonstrates that all applicable city regulations related to lot development, access
and utilities can be met.
b. No minimum lot width requirement if the applicant demonstrates that all applicable
city regulations related to lot development, access and utilities can be met.
c. Off-street parking reduction to one space per dwelling.
d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed.
3. For multi-household dwellings and mixed-use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that allowed in
the RS, R-1, R-2, R-3, or RMH zoning districts.
b. Two additional stories of height (maximum 15 feet per story) beyond that allowed
in the R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
b. Four additional stories of height (maximum 15 feet per story) beyond that allowed
in the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
c. No minimum onsite vehicle parking requirement, but bicycle parking standards and
requirements of 38.540.050 still apply.
d. Townhouses* & rowhouses* (two attached units) in the R-1, RS, and RMH zoning
districts.
e. Exemption from each of the following for buildings containing dwellings, unless
an alternative standard is provided in this division:
i. Minimum lot size, lot area per dwelling units, and lot width requirement in all
zoning districts.
ii. Section 38.510.030.E-J block frontage standards, provided that vehicle
parking is prohibited between the front or side of a principal building and a
public or private street;
iii. Section 38.530.040.E maximum façade width standards;
iv. Section 38.530.040.F roofline modulation standards
626
Ordinance No. 2105, Affordable Housing Ordinance
Page 21 of 36
v. Section 38.530.050 building detail standards; and
vi. Section 38.530.060 building material standards.
f. Concurrent construction of infrastructure and housing per 38.270.030.
4. Developments subject to 38.380 may use yield streets without requirement for
additional zoning review requirements beyond that for the development within which
the yield street will be used. A yield street has the following characteristics:
a. 40-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield
zone for motor vehicles and 5-foot walkways outside on either side.
b. Staggered 7-foot wide parallel parking spaces which may include chicane style
streetscape for varying width of paved area.
c. No parking in front of private property that blocks access to property adjacent to
the street.
d. Passing areas every 100 feet minimum for sight line assurance and yielding
capabilities. Passing pullout areas to be not less than 25 feet long. Driveway
accesses may serve as passing areas.
e. Snow management plan, including enforcement provisions, must be provided
during initial development review.
1) No snow storage in passing areas;
2) Adequate storage areas or removal methods must be provided to address two
25 year storms.
f. Stormwater must be managed within the right of way unless an alternate method
compliant with municipal standards is provided.
g. A comprehensive street signage plan must be included with initial submittal and
executed with infrastructure plans and construction including but advisory signage
for yielding to pedestrians/bikes/PTDs and other vehicle travelers..
h. The proposed design must be consistent with accessibility requirements
established by any governmental agency.
i. Design shall address inclusion of any proposed street furnishings, amenities,
plantings, etc.
j. Yield streets are exempt from the requirements of 38.550.070 for installation of
street trees adjacent to individual lots.
k. The City may limit speeds to less than standard for a local street.
l. Maintenance – Must be maintained by landowners in the development unless the
City explicitly assumes responsibility. A funding mechanism equal to that for
private streets in 38.400.020 is required for private maintenance.
m. Length may not exceed 400 feet without intersecting with a street. Ends must
terminate at a street or be provided a fire code compliant turn around. A total
length may exceed 400 feet if there are crossing streets with a yield street.
627
Ordinance No. 2105, Affordable Housing Ordinance
Page 22 of 36
n. Adjacent buildings must not exceed three stories unless setup space for fire
department ladder trucks is provided adequate to access all buildings in excess of
three stories.
C. Incentives for Table 38.380.020-2 Shallow Incentives. If the developer proposes to construct
affordable homes that meet the standards in Table 38.380.020-2 in the same geographically
contiguous development as market rate homes, the developer may apply the following
incentives to all primary buildings in the development in which 50 percent or more of the
gross floor area contains residential uses:
1. For each single-household detached dwelling a minimum lot size of 3,000 square feet,
or 2,500 square feet, if the applicant demonstrates that all applicable city regulations
related to lot development, access and utilities can be met.
2. For each single-household attached dwelling (townhouse or rowhouse) a minimum lot
size of 2,200 square feet, or 1,800 square feet, if the applicant demonstrates that all
applicable city regulations related to lot development, access and utilities can be met.
3. For multi-household dwellings and mixed-use buildings:
a. Ten percent reduction in lot area for applicable dwelling type in Table
38.320.030.A.
b. One additional story of height (maximum 15 feet per story) beyond that allowed in
the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
c. Two additional stories of height (maximum 15 feet per story) beyond that allowed
in the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
d. Minimum vehicle parking requirement of one stall per dwelling for all districts
other than B-3 and bicycle parking standards and requirements of 38.540.050 still
apply.
e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district;
bicycle parking standards and requirements of 38.540.050 still apply.
e. Townhouses & rowhouses (two attached units) are principal uses in the R-1, RS,
and RMH zoning districts.
38.380.40 Affordable Housing Plan Required
A. To qualify for low income affordable home incentives, the developer must submit to the City
an affordable housing plan that includes the information and complies with the standards in
this section:
1. Information Required
a. The total number of affordable homes, and market rate homes in the proposed
development;
b. The table in 38.380.020 to be applied to the affordable housing plan.
c. The number of bedrooms in each proposed low income affordable home, and
market rate home in the development.
d. Whether each affordable home will be offered for rental or for sale;
628
Ordinance No. 2105, Affordable Housing Ordinance
Page 23 of 36
e. The location of affordable lots or units in the development;
f. The applicable AMI and maximum rental or sales price applicable to each low
income affordable home;
g. A description of the requested incentives from section 38.380.040.
h. Any other information that is reasonably necessary to evaluate the compliance of
the affordable housing plan with the requirements of this division, as determined
by the review authority.
i. If the development is to be constructed in phases:
1) The required information may include specific commitments for the first phase
of development and estimates for later phases of development, provided the
combination of committed and estimated low income affordable homes in the
development equals or exceeds the minimum required to qualify for the
incentives requested.
2) As the number of low income affordable homes for each later phase is
finalized, the developer must submit an update to the affordable housing plan
including or updating the information required in this section. The review
authority shall review and approve, approve with conditions, or deny the
update using the criteria in this section.
2. Development Standards for Affordable Homes
a. The number of affordable homes must meet or exceed the minimum standards
needed to qualify for the applicable incentive in section 38.380.030.
b. The mix of bedrooms per unit in affordable homes must be as similar as possible to
the mix of bedrooms per unit of the market-rate homes in the development.
c. Access to shared amenities and services by residents of the affordable homes must
be the same as to those in market rate homes in the development.
d. If the development is to be constructed in phases, and the developer has requested
affordable housing incentives, at least 75 percent of the dwelling units in each phase
must be affordable homes, unless the city has received adequate legal or financial
assurance that any shortfall during earlier phases will be constructed before
approval of the final phase of development.
B. The review authority may approve the affordable housing plan if the review authority finds
that it includes the information required for the city to confirm compliance with the standards
and criteria in this division, including but not limited to the standards in Section
38.380.030.A, and any administrative procedures related to this division adopted pursuant to
section 38.380.070.
C. No annexation, preliminary subdivision, or site plan that contains any residential dwelling
units and that requests affordable housing incentives may receive final approval until the
affordable housing plan has been approved by the review authority.
629
Ordinance No. 2105, Affordable Housing Ordinance
Page 24 of 36
D. After approval by the review authority, the affordable housing plan must be incorporated by
reference in the recorded annexation, final subdivision plat, or site plan documents.
E. An approved affordable housing plan is a binding contract between the developer and the
developer's successors in interest to the lot or dwelling, and must be included in a separate
recorded written agreement between the developer and the city, or incorporated into another
recorded document in which the developer is required to implement the affordable housing
plan.
38.380.50 Land Donation Alternative
A. As an alternative to constructing some or all of the affordable homes required by section
38.380.020, the developer may qualify for the incentives listed in section 38.380.040 by
donating one or more parcels of land within the city limits. The land donation must meet the
standards in this section and be approved by the director as providing equal or greater
affordable housing benefit to the city.
B. The developer may donate undeveloped parcels of land or ready-to-build house lots, provided
the land is subject to a document recorded in the records of the Gallatin County Clerk and
Recorder requiring the land be used only for the construction of affordable homes;
C. The value of the land donated must equal or exceed the remaining cost of designing, obtaining
land use and building approvals for, installing or upgrading infrastructure for, and
constructing the number of affordable homes the annexer, subdivider, or developer would
otherwise be required to provide in return for the requested incentives listed in subsection
38.380.030, as established by an independent valuation and economic study commissioned
by and acceptable to the city and paid for by the developer.
38.380.60 Qualification of Renters and Buyers
A. Developer must provide to the city written assurance acceptable to the city that each renter or
purchaser of an affordable home must meet the following standards for a period of at least 30
years from initial occupancy of the home.
B. Each renter or purchaser of an affordable home:
1. Must occupy the affordable home as their primary residence, as determined by the
review authority;
2. Must meet the definition of a Household in section 38.700.090;
3. Must comply with the income restrictions applicable to that type of home and tenancy
according to 38.380.020:
a. Income verification for rental units must be performed every two years, and income
verification for owner occupied units must be performed at the time of purchase,
based on standards and methods approved by the U.S. Department of Housing and
Urban Development.
b. If the project is subject to income restrictions different from those in section
38.380.020 as a condition of participation in a state or federal housing program or
630
Ordinance No. 2105, Affordable Housing Ordinance
Page 25 of 36
receipt of state or federal financial assistance, the renter or purchaser must comply
with those alternative income restrictions, as verified by standards and methods
used by the applicable state or federal program.
4. Must not, if the Affordable Home is purchased, sell the home for a price higher than the
original sales price of the home plus a compounded increase of 2.5% for each year the
purchaser owns the home.
C. The developer may satisfy the requirements of this section by contracting with a third party
to monitor and enforce the conditions in this section through a written agreement approved
as to form by the City Attorney. The developer may change the third party contractor with
written approval by the City.
D. The developer, or the city or its agent if the city is involved in the rental or sale of an
affordable home, must record in the offices of the Gallatin County Clerk and Recorder,
simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of
trust or other legal instrument, approved as to form by the City Attorney, that obligates all
owners or renters of the property to comply with the provisions of this section.
38.380.70 Administration
A. The review authority shall have authority to promulgate and enforce all reasonable rules and
regulations and take all actions necessary to the effective operation and enforcement of this
division, unless such authority is expressly reserved to the city commission or another city
official, including but not limited to:
1. Reviewing affordable housing plans for compliance with this division;
2. Adopting application, monitoring, and reporting forms, and other forms and information
required from developers for implementation of this division;
3. Monitoring compliance with this division, notifying the subdivider or developer of
noncompliance, and ordering compliance;
4. Imposing any and all sanctions permitted by this division; and
5. Calculating and making available through the city website or otherwise the AMI needed
to qualify for the various incentives listed in this division, and updating that information
as needed to reflect any adjustments approved by the city commission.
6. Adopting standards and policies to qualify eligible purchasers and renters for Affordable
Homes created under this division.
B. The city may publish administrative rules and instructions consistent with and necessary for
the implementation of this division, including but not limited to instructions for completing
the affordable housing plan, valuations required by this division, and the distribution of the
required number of affordable homes and bedrooms within a project requesting the incentives
in this division.
C. The review authority may create standards for documentation the city will use to verify the
rental rates or sale prices of affordable homes created pursuant to this division. For the initial
sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form
631
Ordinance No. 2105, Affordable Housing Ordinance
Page 26 of 36
prepared by an attorney or title company indicating the sale price. The final sale price on the
HUD-1 form may not exceed the maximum price for a specific affordable home as described
in section 38.380.030, plus an allowed maximum established by rule as authorized in this
section in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In
addition, the city shall require certification satisfactory to the city of homebuyer income
qualification.
D. Upon receipt of a settlement statement for the sale of an affordable home, the city will
determine if the completed affordable home sale complies with the approved affordable
housing plan and the requirements of this division and if not, will notify the seller of the
noncompliance.
38.380.80 Noncompliance and Sanctions
A. If the city determines that a developer has failed to comply with any terms or conditions of
the affordable housing plan or this division, the review authority shall notify the developer of
the noncompliance in writing and order compliance by the most reasonable and expeditious
means as determined by the city. Notification shall describe the date by which the developer
must be in full compliance and shall describe the nature of the noncompliance and the possible
sanctions for noncompliance.
B. A developer that sells an affordable home for a price not in compliance with the approved
affordable housing plan, this division, or any other recorded document obligating the
developer to comply with this division shall pay a penalty to the city. The penalty shall be
equal to 125 percent of the difference between the actual sale price and the maximum sale
price of the affordable home as set out in the approved affordable housing plan.
C. In addition to other remedies available to the city pursuant to this division, if the developer
remains in noncompliance on the date by which compliance was required, the city shall have
the authority to impose one or more sanctions, including but not limited to the following, that
the city deems most effective and appropriate considering the nature of the noncompliance:
1. Withholding or revoking building permits;
2. Issuing stop-work orders; and/or
3. Withholding or revoking certificates of occupancy.
Section 13 That 38.410.030.G, of the Bozeman Municipal Code be amended as follows:
G. Depth. Except for individual lots for individual townhomes; lots used to meet the
requirements of chapter 38, division 38.380; lots serviced by an alley; or when necessitated
by physical features of the land, no lot may have an average depth greater than three times
its average width.
632
Ordinance No. 2105, Affordable Housing Ordinance
Page 27 of 36
Section 14 That 38.420.020.A of the Bozeman Municipal Code be amended as follows:
A. The area required by this subsection must be provided as a land dedication unless an alternate method of compliance is approved by the review authority.
1. When the net residential density of development is known, 0.03 acre per dwelling unit of land must be provided.
a. When the net residential density of development is known at the time of
preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority.
b. If net residential density is in excess of eight dwellings per acre, the requirement
for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu.
c. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident must be provided.
d. Land dedication or its equivalent must not be required for any dwelling units or group quarters occupancy in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the maximum
net residential density must be ten dwelling units or 22.5 persons in group quarters
per acre.
(2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the
maximum net residential density must be 12 dwelling units or 27 persons in group
quarters per acre.
(3) For development within other zoning districts not previously specified and
developed for residential uses, the maximum net residential density must be 12
dwelling units or 27 persons in group quarters per acre.
2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be provided as follows:
a. For initial subdivision or other development:
(1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for
six dwelling units or 13.5 persons in group quarters per net acre.
(2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential
uses the R-O zoning districts: an area equal to that required for eight dwelling units
or 13.5 persons in group quarters per net acre.
633
Ordinance No. 2105, Affordable Housing Ordinance
Page 28 of 36
(3) Within other zoning districts which are intended for residential development: the
equivalent to an area dedication for six dwelling units or 13.5 persons in group
quarters per net acre must be provided as cash-in-lieu.
b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must be
rounded to the nearest whole number and applied as shown in the following table.
All prior provision of parkland for the project site must count towards the maximum required dedication.
Table 38.420.020.A Parkland Dedication Provisions
Zoning District Required
Dedication per
Dwelling
Maximum Required
Dedication per Acre
Cash-in-Lieu
Required
R-1, R-2, R-MH .03 acres or
equivalent
10 dwellings Yes
R-3, R-4, R-5, R-O,
and REMU
.03 acres or
equivalent
12 dwellings Yes
All other districts .03 acres or
equivalent
12 dwellings Yes
Required area per
person
Maximum required
dedication per net
acre
Group quarters 575 square feet or
equivalent
27 persons Yes
3. Special case. The city has established chapter 38, division 380, to encourage the
provision and development of affordable housing. Reductions in required parkland dedication are established in section 38.380.300. The reductions in parkland dedication to conform to division 38.380, may not reduce the development's parkland requirements below the minimum established by MCA 76-3-621.
Section 15 That 38.540.050.A.1 of the Bozeman Municipal Code be amended as follows:
A. The following minimum number of off-street, paved parking spaces for motor vehicles and
bicycles must be provided and maintained by ownership, easement and/or lease for and
during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided.
1. Residential uses.
634
Ordinance No. 2105, Affordable Housing Ordinance
Page 29 of 36
a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law may be provided from the minimum number of required parking
stalls. All site plans submitted for permit purposes must identify parking space
allocations. Fees may be charged by the landowner for the use of required parking spaces.
(1) For projects submitted through a site plan or special use permit review process, one One parking space for each 24 uninterrupted linear feet of
available street frontage usable for on-street parking directly adjacent to a lot
may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated may not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances may not be considered to
be available for the purpose of on-street parking space.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom or more 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential
facilities
0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident1
Transitional and emergency housing 0.25 spaces per person of approved capacity1,
2 Additional services and facilities to serve
non-residents must provide parking in
accordance with Table 38.540.050-3.
1 A transitional and emergency housing facility, group home, group living, cooperative
household, or community residential facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may
635
Ordinance No. 2105, Affordable Housing Ordinance
Page 30 of 36
operate motor vehicles, then the additional required parking must be provided before the change in use may occur.
2 Additional services and facilities to serve non-residents must provide parking in accordance with this Table 38.540.050-3.
b. Adjustments to minimum requirements.
(1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 30 years and the use as affordable housing is subject to long term
monitoring to ensure compliance and continued use as affordable housing,
required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5two spaces per unit.
(2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the non-residential parking spaces upon which the
use of this section was based must be ensured to the residents of the project.
For the purpose of this section a building is considered mixed-use if the non-residential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject
to occupancy time limits. The use of this section does not preclude the use of
other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2.
Table 38.540.050-2
Reduction
Allowed
Ratio of Required Non-residential to Required Residential
Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(3) A car-sharing agreement meeting the criteria established by the community
development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required
residential parking.
(4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter
636
Ordinance No. 2105, Affordable Housing Ordinance
Page 31 of 36
installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week.
Section 16 That 38.700.020, A definitions, of the Bozeman Municipal Code be amended to include
terms as follows with all other elements remaining as presently written:
Affordable Home. A residential dwelling unit for rent or purchase that a subdivider or developer
has committed to making affordable as an affordable home at the AMI levels to qualify for the
incentives in 38.380.
Affordable housing. Housing for persons earning less than 65 percent of the area's annual median
income for rental housing and 100 percent of the area's annual median income for purchased
housing. Further, aAffordable housing does not require greater than 33 percent of the household
gross annual median income for housing. Annual median income is defined by the Department
of Housing and Urban Development.
Section 17 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended to include
terms as follows:
Developer. For purposes of division 38.380, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, annexation, zoning, or permit reviews by the city, or (b) is the owner of property subject to this division during the development phase or a
successor in title, such as a builder or subsequent property owner, obligated to implement the
affordable housing plan with respect to one or more lots or parcels of land or (c) receives incentives for the production of low income affordable housing.
Section 18 That 38.700.090, H Definitions, of the Bozeman Municipal Code be amended as follows
with all other elements to remain as presently written:
Household.
A. A person living alone, or any of the following groups living together as a single
nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating
facilities:
637
Ordinance No. 2105, Affordable Housing Ordinance
Page 32 of 36
1. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Any group of persons authorized by the federal fair housing act to occupy an
individual dwelling as a single housekeeping unit.
5. Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090.
6 5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature;
c. Any group of individuals who are in a group living arrangement as a result of
criminal offenses; or
d. Any group of individuals living in a structure permitted as transitional or emergency housing pursuant to this chapter.
Section 19 That 38.700.170, S Definitions, of the Bozeman Municipal Code be amended as follows
with all other elements to remain as presently written:
Street types. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut and
are served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis on a
high level of mobility for through movement and the secondary function of providing
limited access to adjacent land. Arterial streets are generally designated in the city
transportation plan, however, streets not depicted in the city transportation plan may be
designated as arterials by the review authority specified in section 38.200.010.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area with typical
loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving
638
Ordinance No. 2105, Affordable Housing Ordinance
Page 33 of 36
the urban area, as well as most through traffic bypassing the central business district,
utilize principal arterials. Significant intra-area travel, such as between central business
districts and outlying residential areas, and between major suburban centers, are served
by major arterials.
b. Minor arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel
mobility than principal arterials, and it distributes travel to smaller geographic areas.
With an emphasis on traffic mobility, this street network includes all arterials not
classified as principal arterials while providing access to adjacent lands. Minor arterials
typically carry 5,000 to 15,000 vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This type of roadway differs from those
of the arterial system in that the facilities on the collector system may traverse residential
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods,
channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per
day. Collector streets are typically designated in the city transportation plan, however,
additional streets may be designated as collectors by the review authority specified in
section 38.200.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a
turnaround area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. Half-street. A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on adjacent property.
7. Local streets. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry
in excess of 6,000.
8. Loop. A local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
639
Ordinance No. 2105, Affordable Housing Ordinance
Page 34 of 36
9. Yield Street. A local street with reduced right of way and unique design features to address
close proximity of motor vehicle and other forms of travel.
Section 20
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 21
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. Nothing in this
Ordinance negates or absolves any obligation or requirement imposed on any person by any
previous version of the Bozeman Municipal Code regarding affordable housing, which remain in
full force and effect. All other provisions of the Bozeman Municipal Code not amended by this
Ordinance shall remain in full force and effect.
Section 22
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 23
Codification. This Ordinance shall be codified as appropriate in Sections 2 – 19.
Section 24
640
Ordinance No. 2105, Affordable Housing Ordinance
Page 35 of 36
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 _____ day of ________________, 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 ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
641
Ordinance No. 2105, Affordable Housing Ordinance
Page 36 of 36
_________________________________
GREG SULLIVAN
City Attorney
642
Revisions to the Unified Development Code updated affordable housing standards.
What? The City of Bozeman continuously evaluates its regulations to more effectively address
issues like housing supply and affordability. Last year, Bozeman hired a consultant to look over its land
development regulations and identify possible barriers to creating affordable homes in the community
and respond to state law changes. The review included multiple public meetings and other opportunities to learn from the community. You can view the full report from the project in the Documents section on the Code Audit web page. The report outlines recommended changes to city regulations for City Commission to consider.
The City proposes to change various regulations as a result of that evaluation.
1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing. This change is required to align city regulations with recent changes in state law that prohibited local governments from requiring new developments to
include affordable housing.
The new wording describes how and when incentives can be used to encourage rather than require affordable housing in new developments. It also outlines how the program is administered, and what incentives are provided. Incentives are applicable to both rental and purchase housing. Incentives include, but are not limited to, more permissive form and intensity
standards such as building height and lot sizes, parking, and concurrent construction of homes and infrastructure.
2. Remove old code wording about affordable housing throughout Chapter 38, Unified Development Code.
3. Revise requirements for residential uses to align with the new 38.380, and reduce parking
requirements for all residential districts. All incentives are now located in the new text of 38.380.
4. Amend required lot area for some types of dwellings in a development to require less land, Table 38.320.030.A.
5. Create new standards for transitioning building height to lessen visual effects for developments that use height incentives under the new division 38.380, Section 38.320.060.
6. Remove requirement for owner occupancy for accessory dwellings in the residential suburban and residential low density zoning districts, Table 38.360.040.
7. Amend required parking standards for residential uses to require fewer parking spaces per home, Table 38.540.050
8. Amend several definitions in Division 38.700 to conform to the proposed amendments.
Why? State law has restricted local governments’ ability to require the creation of affordable
housing. These code changes bring local regulations into compliance with state law. As a result, communities must now use incentives to encourage developers to building affordable housing rather than requiring that they do so.
643
The complete text of the proposal, and other related information such as meeting dates, is available
through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582-
2260, and online under the Division 38.380 Amendments section. The proposal may change as the public review process proceeds.
Who Decides? The City’s Economic Vitality Board and Community Development Board will
consider and discuss these changes and will provide a recommendation to the City Commission. 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 change any of the proposed wording in this project during the public hearing process.
How can I weigh in? There will be two public hearings, on Monday, August 1, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, August 23, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city
encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to the City Clerk, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2105 in all
comments. If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).
644
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
Rachel Harlow-Schalk, Interim Finance Director
Kaitlin Johnson, Budget Analyst
SUBJECT:Resolution 5410 Establishing and Affixing the Number of Mills to be Charged
Against the Assessed Valuation of All Taxable Property Situated Within the
Corporate Jurisdictional Boundaries of the City for Fiscal Year 2022-2023
(FY23)
MEETING DATE:August 23, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:It is recommended that the City Commission pass Resolution 5410 affixing
the mill levy and implementing the Commission's adopted budget mill levy
for fiscal year 2023.
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:Annually, after the City Commission adopts its fiscal year budget, the
Commission sets the mill levy for the year. Resolution 5410 establishes levies
for the fiscal year 2023 budget in alignment with the Commission's June 28,
2022 adopted budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The Commission could decide not to adopt Resolution 5410. This alternative
is not recommended.
The City Commission spent a month analyzing the FY23 budget including the
mill levy revenues. With the revised valuations, the City will reduce the
impact onto customers that had been projected in the adopted budget.
FISCAL EFFECTS:By adopting Resolution 5410, the City Commission ensures collections of
revenue from properties sufficient to cover expenses as Adopted for the
Fiscal Year 2023 on June 28, 2022.
Attachments:
1. Resolution 5410 - Setting FY23 Mill Levies.docx
2. Tax Anlaysis for Res5410.pdf
3. 2022 Certified Taxable Value Information.pdf
645
4. Taxable Values History.pdf
Summary of FY23 Mill Levy Recommendation.pdf
Report compiled on: August 12, 2022
646
Resolution No. 5410 Establishing and Affixing the Number of Mills April 2020
1 of 4
RESOLUTION 5410
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE
CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY
SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE
CITY FOR FISCAL YEAR 2022-2023 (FY23).
WHEREAS,in accordance with 15-10-203 MCA, after due and proper legal notice, at a
regular session of the City Commission on August 23, 2022, the public hearing on the proposed
change of ad-valorem tax revenue was held; and
WHEREAS,the Montana Department of Revenue issued to the City a 2022 Certified
Taxable Valuation received on August 1, 2022; and
WHEREAS,in accordance with Montana Code Annotated, a resolution must be adopted
by the City Commission in order to determine the amount of the City or Town taxes to be levied
and assessed on the taxable property situated within the City for the current fiscal year; and
WHEREAS,the City Clerk must certify to the County Clerk a copy of such resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
That for the purpose of providing and maintaining basic City services the City Commission
of the City of Bozeman, Montana does hereby affix 115.79 mills to be levied for the All Purpose
General Fund for all salaries, operations, and capital expenditures for general government purposes
as provided by Sections 7-6-4451 and 15-10-420 MCA.
Section 2
That the City Commission of the City of Bozeman, Montana does hereby affix an 8.00
mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420
MCA for the City’s Community Housing Fund to be used for affordable/workforce housing
purposes within the City.
647
Resolution No. 5410 Establishing and Affixing the Number of Mills April 2020
2 of 4
Section 3
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 21.21 mills to provide for the total City payment of premiums
for Health Medical Insurance for City employees in accordance with Title 2 Chapter 18 Part 7
MCA, Section 2 of Chapter 359 Laws 1975, Section 7-32-4117 MCA, Section 7-3-4130 MCA,
Sections 7-6-4451, and 15-10-420 MCA.
Section 4
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 2.00 mills to provide funds for the City Planning Activity in
accordance with Section 76-1-406 MCA.
Section 5
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 1.00 mills to provide funds for special transportation services
for senior citizens and persons with disabilities in accordance with Section 7-14-1111 MCA.
Section 6
That for the purpose of providing and maintaining basic City services the City Commission of
the City of Bozeman, Montana does hereby affix 30.00 mills to be levied for the Fire Department
Capital & Equipment Replacement, Fire Staffing, and Police Staffing for general government
purposes as provided by Section 7-6-4451 MCA.
Section 7
That the City Commission of the City of Bozeman, Montana does hereby affix a 1.24
mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420
MCA for the general purpose of the stormwater system, to include the stormwater improvement
program for corrective measures at the Bozeman Story Mill Landfill, served by the stormwater
system, with the funds appropriated, to pay a portion of the costs, in accordance with 7-7-4424
(b) MCA.
Section 8
That the City Commission of the City of Bozeman, Montana does hereby affix a 1.91
mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420
MCA for the costs of Landfill Post-closure activities at the Story Mill Landfill.
Section 9
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 7.00 mills to provide for principal and interest payments on
outstanding Trails, Open Space and Parks (TOP) General Obligation Bonds in accordance with
Section 7-7-4265 MCA.
648
Resolution No. 5410 Establishing and Affixing the Number of Mills April 2020
3 of 4
Section 10
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 15.38 mills to provide for principal and interest payments on
outstanding Bozeman Public Safety Center (BPSC) General Obligation Bonds in accordance
with Section 7-7-4265 MCA.
Section 11
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 0.97 mills to provide for principal and interest payments on
outstanding Fire Station #2 Relocation General Obligation Bonds in accordance with Section 7-
7-4265 MCA.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 23rd day of August, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
649
Resolution No. 5410 Establishing and Affixing the Number of Mills April 2020
4 of 4
CITY OF BOZEMAN
Levy Purpose Number of Mills
All Purpose Levy 115.79
Community/Workforce Housing 8.00
Health Medical Insurance 21.21
City Planning 2.00
Senior Transportation 1.00
Fire Equipment & Staffing and Police Staffing 30.00
Stormwater Project –Landfill Loan 1.24
Monitoring –Landfill 1.91
Park and Trail GO Bonds 7.00
BPSC Bonds 15.38
FS #2 Relocation GO Bonds 0.97
Grand Total Levied 204.51
Mill Levy Fiscal Year 2022-2023 (FY23)
650
Page | 1
FY23 Tax Levy (2022 Tax Year) Analysis for Resolution 5410
Background
Approved Budget:
The FY23 budget, approved on June 28, 2022, was developed with a mill value estimated = $152,627 and an estimated
maximum tax levy of 220.02 mills, of which 138.12 were levied against the maximum allowable levy of 149.23 for floating
mills. The remaining mills to be collected were 17.21 in Montana permissive levies and 53.58 were voted mills for debt
service on capital projects. The City Commission maintained its commitment within Resolution No. 3954 (911 mills) of
reserving 9.0 floating mills and 11.11 mills allowed were unlevied. The City also maintains 2.0 permissive mills unlevied
for declared emergencies in alignment with MCA 10‐3‐40 and 15‐10‐420(9) were also not levied in the FY23 budget.
Certified Values and Maximum Mill Levy:
On August 1, 2022 the City received its official certification of taxable values for FY23 (2022 tax year/calendar year), issued
by the Department of Revenue (DOR). The certification showed that taxable value went up by 2.9%. The certification also
showed an increase of $5.7 million from new construction (newly taxable property). Montana’s mill value formula
requirements are established in MCA 15‐10‐420 implementing a complex valuation calculation. Based on the certified
values and the calculation, the mill value for FY23 went up from what was approved in the budget to $154,090. To maintain
the adopted budget, it is recommended that the City Commission levy 136.27 mills of the 146.55 maximum allowable mills
available to the City through the floating levy. Additionally, the Commission is recommended to adopt 14.88 Montana
state law permissive mills and 53.36 voted mills for debt service on capital projects. By setting the mills as outlined in
Resolution 5410, the City will maintain its commitment of 9.0 floating mills being held back in alignment with Resolution
No. 3954 (911 mills) and leaves 10.28 maximum floating General Fund mills unlevied. The City also maintains 2.0
permissive mills unlevied for declared emergencies in alignment with MCA 10‐3‐40 and 15‐10‐420(9) were also not levied
in the FY23 budget.
651
Page | 2
It is important to note, that while the city is not allowed to count new property as taxable in its mill calculations by state
law, the value of property that was certified as being new showed an increase of taxable property value for Bozeman of
$5.7 million over the previous tax year.
**Denotes years of valuation. Montana valuates property every other year.
18,338,501 18,956,859 $19,950,675
$23,637,938 $21,953,931
$23,943,153
$31,511,405
‐
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
2017 **2018 2019 **2020 2021 **2022 2023
Property Tax Dollars
13.3%
3.1%
20.2%
3.3%
19.9%
‐0.8%
‐5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
**FY18 FY19 **FY20 FY21 **FY22 FY23
Percent Change in Taxable Value from Previous Year
652
Page | 3
Tax Increment Financing Districts:
Most of the Urban Renewal Districts saw change. Midtown saw a slight down turn but have many projects coming onto
the tax rolls. Downtown continues to gain value and our newest district has been included.
3,769,917 4,159,996
5,987,410 6,247,663 7,893,562 8,245,319
‐
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
FY18 FY19 FY20 FY21 FY22 FY23
Downtown TIF
Base Value Incremental Value
223,765 229,047
457,274 477,252 636,368 660,471
‐
200,000
400,000
600,000
800,000
1,000,000
1,200,000
FY18 FY19 FY20 FY21 FY22 FY23
Northeast TIF
Base Value Incremental Value
948,716 982,574 1,714,155 1,707,571 2,589,893 2,751,885
‐
2,000,000
4,000,000
6,000,000
8,000,000
FY18 FY19 FY20 FY21 FY22 FY23
Midtown TIF
Base Value Incremental Value
653
Page | 4
‐
20,749 ‐13,824 53,750 37,133
‐
50,000
100,000
150,000
200,000
250,000
300,000
350,000
FY18 FY19 FY20 FY21 FY22 FY23
North Park TIF
Base Value Incremental Value
‐‐‐‐
56,410 56,410
‐
10,000
20,000
30,000
40,000
50,000
60,000
FY18 FY19 FY20 FY21 FY22 FY23
South Bozeman Technology TIF
Base Value Incremental Value
255,655 315,388
‐
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
FY22 FY23
Pole Yard TIF
Base Value Incremental Value
654
Page | 5
Levy Details:
Property tax values are lagging data meaning that every other year, the price changes. When viewed over time, the two
year re‐appraisal period is reflected in the percent change that is flattened out year over year. Note also, that there are
two mitigating factors that slow the value change in mills: inflation and reductions in newly taxable property, both of
which will lower the amount of mills and dollars available to the City per year. In order to meet the approved budget,
the City is recommended to levy 204.51 mills and generate $31,580,053 in levy revenue. This will leave 10.28 mills under
the City’s tax cap for floating mills (136.27 will be used of the 146.55 floating mill tax cap), which includes the reduction
of 9.0 mills for 911. Also, the City will not utilize the 2.0 mills permitted in state law for declared emergencies.
Recommendation:
By adopting Resolution 5410, the Commission will levy property taxes at a level that generates the amount of revenue
adopted in the FY23 budget.
General Fund Balance:
The FY22 audit is just beginning and financials are in the drafting stage. Fund balance is still considered preliminary with
final tax payments for FY22 anticipated from Gallatin County in the first or second week of September. Below is the
breakdown of anticipated fund balance and the required minimum for reserve policy and City Code balance compliance:
Tax Payer Impact:
Adopting the recommended mill levy of 204.51 mills will generate $31,580,053 in property tax revenue for FY23. Based
on Department of Revenue updated information, a typical resident would pay an annual property tax of $1,010.26 to the
City for Tax Year 2022. The Department of Revenue’s information indicates that the median homes taxable value is
$364,000 and $4.94/mill for that median home. The impact of this levy on the typical residential property owner is an
annual increase of $191.90 or 9.44%.
Estimated End of FY22 Fund Balance 8,827,694$
Estimated Revenues 43,891,745$
Estimated Expenditure 44,851,603$
Ending Fund balance 7,867,836$
Minimum Reserve of 16.67% of Rev 7,316,754$
Amount over minimum fund balance 551,082$
General Fund Balance
FY22 Est
Cost/Year
Increase
(Decrease
FY23 Est
Cost/Year
% Change
FY22 to FY23
Street Assessment 257.06$ $ 15.42 $ 272.48 6.00%
Arterial Street Assessment 56.53$ $ 3.39 $ 59.92 6.00%
Tree (Forestry ) Assessment 25.05$ $ 1.50 $ 26.55 6.00%
Parks & Trails Assessment 169.58$ $ 25.44 $ 195.02 15.00%
Property Taxes 818.36$ $ 191.90 1,010.26$ 23.45%
Storm Water Services 84.42$ $ 7.60 92.02$ 9.00%
Water Service 555.81$ $ ‐ 555.81$ 0.00%
Sewer Services 630.99$ $ ‐ 630.99$ 0.00%
Total Annually 2,597.80$ 245.25$ 2,843.05$ 9.44%
Per Month 216.48$ 20.44$ 236.92$
Annual Service Cost for a Household Based on
Home "Phase ‐in" Value of $364,000 (Taxable Value of $200,000)
on a 7,500 SQFT lot with water use of 10‐HCF
655
656
Bozeman Taxable Values HistoryTax Yr 2022Tax Yr 2021 Tax Yr 2020 Tax Yr 2019 Tax Yr 2018 Tax Yr 2017FY23FY22 FY21 FY20 FY19 FY18Total Market Value $ 11,021,338,679 $ 10,725,564,866 $ 8,875,762,356 $ 8,596,253,775 $ 6,981,943,409 $ 6,745,351,312 Change in Total Market Value 2.8% 20.8% 3.3% 23.1% 3.5% 14.9%City ‐ Gross Dollars of Taxable Value 171,848,662 166,838,141 137,983,427 133,582,036 109,713,782 106,224,806 Less: Downtown TIF Taxable Value 8,245,319 7,893,562 6,247,663 5,987,410 4,159,996 3,769,917 Less: Northeast TIF Taxable Value 660,471 636,368 477,252 457,274 229,047 223,765 Less: Midtown TIF Taxable Value 2,751,885 2,589,893 1,707,571 1,714,155 982,574 948,716 Less: Mandeville Farm TIF Taxable Value ‐ ‐ ‐ ‐ ‐ 87,633 Less: North Park Urban TIF Taxable Value 37,133 53,750 13,824 ‐ 20,749 ‐ Less: South Bozeman Tech TIF Taxable Value 56,410 56,410 ‐ ‐ ‐ ‐ Less: Yard Pole TIF Taxable Value 315,388 255,655 Less: Total of TIF's Taxable Value 12,066,606 11,485,638 8,446,310 8,158,839 5,392,366 5,030,031 City ‐ Net Dollars of Taxable Value $ 159,782,056 $ 155,352,503 $ 129,537,117 $ 125,423,197 $ 104,321,416 $ 101,194,775 Less: Newly Taxable Property $ 5,691,558 Tax Dollars Generated from 1 Mill: $ 154,090 $ 155,353 $ 129,537 $ 125,423 $ 104,321 $ 101,195 Change in Taxable Value from Previous YearTax Yr 2021 Tax Yr 2021 Tax Yr 2020 Tax Yr 2019 Tax Yr 2018 Tax Yr 2017 FY23 FY22 FY21 FY20 FY19 FY18City ‐ Gross % 3.0% 20.9% 3.3% 21.8% 3.3% 13.4% Downtown TIF4.5%26.3% 4.3% 43.9% 10.3% 22.8% Northeast TIF3.8%33.3% 4.4% 99.6% 2.4% 15.8% Midtown TIF6.3%51.7% ‐0.4% 74.5% 3.6% ‐5.5% Mandeville Farm TIF0.0%0.0% 0.0% 0.0% ‐100.0% 11.5%North Park Urban TIF‐30.9%100.0% 100.0% 100.0% 100.0% South Bozeman Tech TIF0.0%100.0% ‐ ‐ ‐ ‐ Yard Pole TIF23.4%100.0%City ‐ Net % 2.9% 19.9% 3.3% 20.2% 3.1% 13.3%Change5,010,521$ 28,854,714$ 4,401,391$ 23,868,254$ 3,488,976$ 12,555,045$ Change in TIFs580,968 3,039,328 287,471 2,766,473 362,335 685,696 Change in Net4,429,553$ 25,815,386$ 4,113,920$ 21,101,781$ 3,126,641$ 11,869,349$ TIF's combined growth as a % of Total Growth11.6%10.5% 6.5% 11.6% 10.4% 5.5% City Newly Taxable Property 5,691,558 5,286,578 4,397,169 4,685,485 3,707,744 3,393,650 % of prior year108%120% 94% 126% 109% 103%% Newly Taxable increase from prior year3.7%4.1% 3.5% 4.5% 3.7% 3.8%
657
Page | 1
FY23 Tax Levy (2022 Tax Year) Analysis for Resolution 5410
Background
Approved Budget:
The FY23 budget, approved on June 28, 2022, was developed with a mill value estimated = $152,627 and an estimated
maximum tax levy of 220.02 mills, of which 138.12 were levied against the maximum allowable levy of 149.23 for floating
mills. The remaining mills to be collected were 17.21 in Montana permissive levies and 53.58 were voted mills for debt
service on capital projects. The City Commission maintained its commitment within Resolution No. 3954 (911 mills) of
reserving 9.0 floating mills and 11.11 mills allowed were unlevied. The City also maintains 2.0 permissive mills unlevied
for declared emergencies in alignment with MCA 10‐3‐40 and 15‐10‐420(9) were also not levied in the FY23 budget.
Certified Values and Maximum Mill Levy:
On August 1, 2022 the City received its official certification of taxable values for FY23 (2022 tax year/calendar year), issued
by the Department of Revenue (DOR). The certification showed that taxable value went up by 2.9%. The certification also
showed an increase of $5.7 million from new construction (newly taxable property). Montana’s mill value formula
requirements are established in MCA 15‐10‐420 implementing a complex valuation calculation. Based on the certified
values and the calculation, the mill value for FY23 went up from what was approved in the budget to $154,090. To maintain
the adopted budget, it is recommended that the City Commission levy 136.27 mills of the 146.55 maximum allowable mills
available to the City through the floating levy. Additionally, the Commission is recommended to adopt 14.88 Montana
state law permissive mills and 53.36 voted mills for debt service on capital projects. By setting the mills as outlined in
Resolution 5410, the City will maintain its commitment of 9.0 floating mills being held back in alignment with Resolution
No. 3954 (911 mills) and leaves 10.28 maximum floating General Fund mills unlevied. The City also maintains 2.0
permissive mills unlevied for declared emergencies in alignment with MCA 10‐3‐40 and 15‐10‐420(9) were also not levied
in the FY23 budget.
658
Page | 2
It is important to note, that while the city is not allowed to count new property as taxable in its mill calculations by state
law, the value of property that was certified as being new showed an increase of taxable property value for Bozeman of
$5.7 million over the previous tax year.
**Denotes years of valuation. Montana valuates property every other year.
18,338,501 18,956,859 $19,950,675
$23,637,938 $21,953,931
$23,943,153
$31,511,405
‐
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
2017 **2018 2019 **2020 2021 **2022 2023
Property Tax Dollars
13.3%
3.1%
20.2%
3.3%
19.9%
‐0.8%
‐5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
**FY18 FY19 **FY20 FY21 **FY22 FY23
Percent Change in Taxable Value from Previous Year
659
Page | 3
Tax Increment Financing Districts:
Most of the Urban Renewal Districts saw change. Midtown saw a slight down turn but have many projects coming onto
the tax rolls. Downtown continues to gain value and our newest district has been included.
3,769,917 4,159,996
5,987,410 6,247,663 7,893,562 8,245,319
‐
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
FY18 FY19 FY20 FY21 FY22 FY23
Downtown TIF
Base Value Incremental Value
223,765 229,047
457,274 477,252 636,368 660,471
‐
200,000
400,000
600,000
800,000
1,000,000
1,200,000
FY18 FY19 FY20 FY21 FY22 FY23
Northeast TIF
Base Value Incremental Value
948,716 982,574 1,714,155 1,707,571 2,589,893 2,751,885
‐
2,000,000
4,000,000
6,000,000
8,000,000
FY18 FY19 FY20 FY21 FY22 FY23
Midtown TIF
Base Value Incremental Value
660
Page | 4
‐
20,749 ‐13,824 53,750 37,133
‐
50,000
100,000
150,000
200,000
250,000
300,000
350,000
FY18 FY19 FY20 FY21 FY22 FY23
North Park TIF
Base Value Incremental Value
‐‐‐‐
56,410 56,410
‐
10,000
20,000
30,000
40,000
50,000
60,000
FY18 FY19 FY20 FY21 FY22 FY23
South Bozeman Technology TIF
Base Value Incremental Value
255,655 315,388
‐
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
FY22 FY23
Pole Yard TIF
Base Value Incremental Value
661
Page | 5
Levy Details:
Property tax values are lagging data meaning that every other year, the price changes. When viewed over time, the two
year re‐appraisal period is reflected in the percent change that is flattened out year over year. Note also, that there are
two mitigating factors that slow the value change in mills: inflation and reductions in newly taxable property, both of
which will lower the amount of mills and dollars available to the City per year. In order to meet the approved budget,
the City is recommended to levy 204.51 mills and generate $31,580,053 in levy revenue. This will leave 10.28 mills under
the City’s tax cap for floating mills (136.27 will be used of the 146.55 floating mill tax cap), which includes the reduction
of 9.0 mills for 911. Also, the City will not utilize the 2.0 mills permitted in state law for declared emergencies.
Recommendation:
By adopting Resolution 5410, the Commission will levy property taxes at a level that generates the amount of revenue
adopted in the FY23 budget.
General Fund Balance:
The FY22 audit is just beginning and financials are in the drafting stage. Fund balance is still considered preliminary with
final tax payments for FY22 anticipated from Gallatin County in the first or second week of September. Below is the
breakdown of anticipated fund balance and the required minimum for reserve policy and City Code balance compliance:
Tax Payer Impact:
Adopting the recommended mill levy of 204.51 mills will generate $31,580,053 in property tax revenue for FY23. Based
on Department of Revenue updated information, a typical resident would pay an annual property tax of $1,010.26 to the
City for Tax Year 2022. The Department of Revenue’s information indicates that the median homes taxable value is
$364,000 and $4.94/mill for that median home. The impact of this levy on the typical residential property owner is an
annual increase of $191.90 or 9.44%.
Estimated End of FY22 Fund Balance 8,827,694$
Estimated Revenues 43,891,745$
Estimated Expenditure 44,851,603$
Ending Fund balance 7,867,836$
Minimum Reserve of 16.67% of Rev 7,316,754$
Amount over minimum fund balance 551,082$
General Fund Balance
FY22 Est
Cost/Year
Increase
(Decrease
FY23 Est
Cost/Year
% Change
FY22 to FY23
Street Assessment 257.06$ $ 15.42 $ 272.48 6.00%
Arterial Street Assessment 56.53$ $ 3.39 $ 59.92 6.00%
Tree (Forestry ) Assessment 25.05$ $ 1.50 $ 26.55 6.00%
Parks & Trails Assessment 169.58$ $ 25.44 $ 195.02 15.00%
Property Taxes 818.36$ $ 191.90 1,010.26$ 23.45%
Storm Water Services 84.42$ $ 7.60 92.02$ 9.00%
Water Service 555.81$ $ ‐ 555.81$ 0.00%
Sewer Services 630.99$ $ ‐ 630.99$ 0.00%
Total Annually 2,597.80$ 245.25$ 2,843.05$ 9.44%
Per Month 216.48$ 20.44$ 236.92$
Annual Service Cost for a Household Based on
Home "Phase ‐in" Value of $364,000 (Taxable Value of $200,000)
on a 7,500 SQFT lot with water use of 10‐HCF
662