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04-18-23 City Commission Meeting Agenda & Packet Materials
A.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.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Armstrong) F.2 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to Bridger Photonics (Contract # MT BSTF-1- 23-20)(DiTommaso) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 18, 2023 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: 2552 084 3890 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 F.3 Authorize the City Manager to Sign a Notice of Award to Knife River-Belgrade for Construction of the 2023 Street Improvements Project(Gamradt) F.4 Authorize the City Manager to Sign an Amendment to Canyon Gate Annexation Agreement and Restrictive Covenant(Fine) F.5 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts(Ziegler) F.6 Authorize the City Manager to Sign a Professional Services Agreement with TD&H Engineering for Structural Special Inspections and Materials Testing for the Bozeman Public Library Renovation(Ziegler) F.7 Authorize the City Manager to Sign a Professional Services Agreement with TD&H Engineering for Structural Special Inspections for the Bozeman Swim Center Renovation(Ziegler) F.8 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services(Van Delinder) F.9 Authorize the City Manager to Sign an Addendum to Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services(Van Delinder) F.10 Authorize Judge J. Colleen Herrington to Sign an Amendment to the Hosted Software Service Agreement Between the City of Bozeman and Public Mental Health Corporation (PHMC)(Boundy) F.11 Authorize the City Manager to Sign and Amendment 1 to the PSA with MSI, LLC for Document Scanning and Destruction Services(Maas) F.12 Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update(Lehigh) F.13 Authorize the City Manager to Sign a Park Improvement Grant Agreement with Mountain Time Arts for Public Art at City Hall(Jadin) F.14 Authorize the City Manager to Sign a Professional Services Agreement with Extreme History Project for Equity & Inclusion Plan Development(Hess) F.15 Resolution 5490, Authorizing Prime Change Order 20 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) G.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City 2 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. Written comments can be located in the Public Comment Repository. H.Action Items H.1 Consideration of Approval of the Canyon Gate Major Subdivision Preliminary Plat, Project 22264 (Quasi-Judicial)(Montana) H.2 Ordinance 2134 Provisional Adoption, Amending Chapter 18, Article 5 (Fireworks) of the Bozeman Municipal Code, Prohibiting the Sale and Discharge of Fireworks within the City Limits of Bozeman without a Permit and Prohibiting the Discharge of Fireworks in County Enclaves Wholly Surrounded by the City Limits of Bozeman without a Permit(Waldo ) I.FYI / Discussion J.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. 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. 3 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 Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 18, 2023 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 claims to be presented to the City Commission within one year of the date the claims accrued. 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. 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: April 13, 2023 4 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to Bridger Photonics (Contract # MT BSTF-1-23-20) MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Mayor to Sign Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to Bridger Photonics (Contract # MT BSTF-1-23-20) STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:On November 22, 2022, the Bozeman City Commission adopted Resolution 5459 supporting the application to the Big Sky Economic Development Trust Fund Program on behalf of Bridger Photonics. On March 16, 2023 the Office of the Governor notified the City of Bozeman that the City’s application, facilitated by Prospera, was approved and Bridger Photonics was awarded up to $150,000 in BSTF Category I, Job Creation funding by the Montana Department of Commerce (DoC), Big Sky Economic Development Trust Fund Program (Contract # MT-BSTF - 1-23-20). Bridger Photonics agrees to create up to 30 net new full time jobs in the next year that meet or exceed the BSTF wage rate of $20.88 per hour, not including employee benefits. As part of the administration of the BSTF grant, the DoC and Prospera require the sponsoring entity, the City of Bozeman (the “City”), to enter into several agreements with the DoC, Prospera and Bridger Photonics, including the attached contract document. During the term of the contract, Bridger Photonics endeavors to create up to 30 eligible net new jobs in their existing Bozeman facility. The total amount to be reimbursed to the assisted business under the Contract shall be up to $5,000 per eligible net new job created by the assisted business for documented costs with reimbursement not to exceed a total of $150,000. 5 A net new job must pay the average weekly wage that meets or exceeds the lesser of 170% of Montana's current minimum wage *AND/OR* the current average weekly wage of the county in which the employees are to be principally employed. The value of employee benefits can be included in this wage. The current average annual, weekly and hourly wage thresholds may be obtained through the BSTF program web site at www.bstf.mt.gov or may be requested from the Department. These figures are based upon the average weekly wage data produced by the Montana Department of Labor and Industry for the most current year available. An eligible net new job is defined as the following: 1. An eligible net new job is defined as one that is new to the company and has not been filled before October 8 ,2020; 2. Have at a minimum, a full-time job, meaning a predominantly year- round position requiring an average of 35 hours of work each week; and 3. The job pays wages that meet or exceed $20.88 per hour, not including employee benefits. THE PROSPERA BUSINESS NETWORK: The City and Prospera work collaboratively on numerous economic development projects including past BSTF grants. As they have in the past, Prospera will provide grant administration, contract management and reporting under the BSTF requirements. Additionally, Prospera currently manages the City’s Revolving Loan Fund. Once the grant is funded, Prospera will administer the BSTF grant, contracts and satisfy reporting elements of the BSTF award. Through the Economic Development Department, the City will maintain oversight of the Prospera management of the BSTF grant award as the recipient entity for the grant funds, as required by the DoC. GRANT AGREEMENTS: The following agreement must be entered into by the City to complete the grant and provide the award to Bridger Photonics: Montana Department of Commerce Big Sky Economic Development Trust Fund Program Document, referred to as the Contract (# MT-BSTF-1-23-20), provides the Category 1 funding to the City. There are additional documents wherein the DoC will require City approval. Authorization of this Consent item also authorizes the City Manager, or their designee, to execute all additional documents to facilitate the grant award including: 1. The Sub-recipient Agreement with Prospera authorizes Prospera to manage the grant program on behalf of the City); 2. The Management Plan identifies the grant management requirements 6 of the City, Prospera, and Bridger Photonics); 3. The Business Assistance Agreement between the City and Bridger Photonics details the conditions Bridger Photonics must adhere to in order to obtain the grant funds including the number of jobs, the salaries for the jobs, the use of the funds, reporting, and other issues; UNRESOLVED ISSUES:None. ALTERNATIVES:As proposed by the City Commission. FISCAL EFFECTS:As part of the contract, Prospera will earn administrative fees based upon the number of net new jobs Bridger Photonics creates over the next year. Additionally, minimal City staff time is required to provide the appropriate review of documents and approvals. Please note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: 1. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or 2. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. 7 b. The business ceases operations at the Project Site within the contract period. In partnership with the Montana Department of Commerce and Prospera, the City has successfully supported numerous BSTF assisted businesses. Attachments: BSTF Letter of Award - Bridger Photonics.pdf Contract MT-BSTF-1-23-20 City of Bozeman-draft.pdf Report compiled on: April 7, 2023 8 GREG GIANFORTE SCOTT OSTERMAN GOVERNOR DIRECTOR COMMERCE.MT.GOV 301 S. PARK AVE. | PO BOX 200501 | HELENA, MT 59620-0501 | P: 406.841.2700 | F: 406.841.2701 | TDD: 406.841.2702 March 15, 2023 Cyndy Andrus, Mayor City of Bozeman P.O. Box 1230 Bozeman, MT 59771 RE: Notice of Big Sky Economic Development Trust Fund Grant Award for Bridger Photonics, Inc. Dear Mayor Andrus: On behalf of the State of Montana, it is my pleasure to notify you that the City of Bozeman has been awarded up to $150,000 from the Montana Department of Commerce – Big Sky Economic Development Trust Fund (BSTF) Program to assist Bridger Photonics, Inc. This award, effective December 14, 2022, is for wage reimbursement and the purchase of computers and equipment to create 30 net new BSTF-eligible jobs over one year. Creating sustainable, good-paying Montana jobs is the foundation of our Montana Comeback Plan to get our economy going again and help our state live up to its full, outstanding potential. Thank you for your important role in creating greater opportunities and prosperity for more Montanans. You will be contacted directly with more information in the coming weeks by program staff. If you have any questions, please contact Annmarie Robinson, Section Manager, at 406-841-2250 or arobinson3@mt.gov. Congratulations, and I wish you continued success. Sincerely, Scott Osterman Director cc: Peter Roos, Bridger Photonics, Inc. 9 Page 1 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman MONTANA DEPARTMENT OF COMMERCE BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM CONTRACT # MT-BSTF-1-23-20 This Contract is entered into by City of Bozeman, Bozeman, Montana (the “Contractor”), and the Montana Department of Commerce, Helena, Montana (the “Department”). The Contractor and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding for Big Sky Economic Development Trust Fund Program (“BSTF” or “Program”) Economic Development Job Creation Project activities approved by the Department, which the Contractor has applied for project funds, pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA). Section 2. AUTHORITY This Contract is issued under authority of Title 90, Chapter 1, Part 2, Montana Code Annotated, and the Administrative Rules of Montana, Title 8, Chapter 99. Section 3. APPLICATION INCORPORATED BY REFERENCE The Contractor’s application for Program assistance and all appendices thereto, including any written modifications resulting from the review of the application by the Department (collectively, the “Project”), is incorporated into this Contract by this reference and the representations made therein are binding on the Contractor. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Contractor shall comply with all applicable local, state, tribal, and federal laws, regulations, ordinances, and resolutions, and all administrative directives and procedures established by the Department, including all the provisions, guidelines and requirements set forth on the Program’s website: http://bstf.mt.gov. (b) The Contractor expressly agrees to repay to the Department any funds advanced under this Contract that the Contractor, or its contractors, subcontractors, or sub recipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of this Contract, the statutes and regulations governing the Program, or any applicable local, state, tribal, or federal requirements. 10 Page 2 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect on December 14, 2022 and will terminate upon completion of the final closeout by the Department, or by December 14, 2023, whichever comes first, unless otherwise terminated in accordance with the terms of this Contract. The employment level of Bridger Photonics, Inc one day prior to the contract effective date is 73 permanent full-time employees onsite, per the certified baseline job report. (b) All Program award monies must be expended by the Contractor within the timeline specified in the Contractor’s application, which by reference is made a part of this Contract. The Contractor may modify the implementation schedule set forth in the Contractor’s application only upon obtaining prior approval of the Department. (c) Each party, after termination of this Contract, remains subject to and obligated to comply with all legal and continuing contractual obligations arising in relation to its duties and responsibilities that may arise under the contract including, but not limited to, record retention, audits, and indemnification. d) The Department reserves the right to extend this Contract based on but not limited to the Contractor’s performance of the contracted activities, the Contractor’s compliance with program requirements and the availability of program funding. Section 6. SCOPE OF WORK Program funds have been awarded to assist the Contractor and Bridger Photonics, Inc, 2310 University Way, Bldg 4-4, Bozeman, Montana, (the “Assisted Business”) with the purchase of computers and equipment, and for wage reimbursement and the creation of jobs in Montana. The Assisted Business has agreed to create 30 eligible net new jobs at the project site located at Bozeman (the “Project Site”) in the Contractor’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled before December 14, 2022. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $23.28 per hour, before the value of benefits is added. In addition, the Contractor and the Assisted Business have agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received, within this Contract time period. 11 Page 3 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman Section 7. BUDGET (a) The total amount to be awarded to the Contractor under this Contract will not exceed $150,000 to be used as follows: • Up to $138,000 or $4,600 per job to assist the Assisted Business with the purchase of computers and equipment, and for wage reimbursement; and • Up to $12,000 or $400 per job for eligible administrative expenses. (b) The Project budget is set forth in the application, as submitted by the Contractor and approved by the Department, and as specifically incorporated by this reference. The Department must approve budget adjustments to the Project in advance. To obtain approval of a budget adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to the Department. (c) Any Project expenses the Contractor fails to incur on or before December 14, 2023 will revert to the Big Sky Economic Development Trust Fund. (d) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000 per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $150,000 for the entire Contract. The Department will not reimburse the Contractor for any costs incurred prior to December 14, 2022, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Contractor’s records. Section 8. ACCESS TO AND RETENTION OF RECORDS The Contractor shall create and maintain records of the services covered by this Contract, including but not limited to financial records, supporting documents, and such other records as are required by law or other authority, and to provide the Department, Montana Legislative Auditor, or their authorized agent’s access to any records necessary to determine contract compliance. (Mont. Code Ann. § 18-1-118.) The Contractor agrees to create and retain records supporting the services rendered or supplies delivered for a period of three (3) years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Contractor’s offices in Bozeman, Montana. 12 Page 4 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman Section 9. LIAISONS For the Department: Annmarie Robinson (or successor) Section Manager, Big Sky Economic Development Trust Fund Program, MDOC P.O. Box 200505 Helena, MT 59620-0505 406-841-2250 For the Contractor: Cynthia L. Andrus (or successor) Mayor, City of Bozeman P.O. Box 1230, Bozeman, MT 59771 406-582-2383 Section 10. METHOD OF REIMBURSEMENT (a) The Contractor and the Assisted Business shall satisfy the matching funds requirements consistent with the purposes expressed in the application during the period of the Contract and shall meet or exceed the 1:1 required match ratio. (b) Unless otherwise authorized by the Department, the Contractor may receive award funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. (c) The Department will use funds appropriated for the Program to fund awards to those entities that have received a Notice of Award letter. The Contractor acknowledges that its access to Program funds is subject to their availability. (d) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Contractor to request payment from Program funding awarded for the Contractor’s Project. In requesting reimbursement, the Contractor will follow the instructions supplied by the Department. (e) The Contractor shall satisfy the matching funds requirements consistent with the purposes expressed in the Contractor’s application during the period of the Contract. (f) The Department will only release funds to reimburse eligible and documented costs. Funds can be requested by sending a Request for Payment, in the format prescribed by the Department, signed by duly authorized representatives of the Contractor. 13 Page 5 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman (g) As further set forth in Section 4 ACCEPTANCE OF PROGRAM REQUIREMENTS, and Section 17 TERMINATION OF CONTRACT, if the Contractor fails to or is unable to comply with any of the terms and conditions of this Contract, any costs incurred will be the Contractor’s sole responsibility and the Contractor agrees to repay to the Department any funds advanced under the Contract. (h) Once the Department has determined a Request for Payment to be complete, the Department is allowed thirty (30) working days to process a Request for Payment. The Contractor shall provide signatory and banking information at the time of Contract execution in order to facilitate electronic funds transfer payments. The Department may withhold payments to the Contractor if the Contractor has breached the terms of this Contract. (i) If actual Project expenses are less than projected in the budget, the Department, at its discretion, may reduce the amount of BSTF funds to be provided to the Contractor accordingly. (j) If the Department determines that the Contractor has failed to satisfactorily carry out its responsibilities under this Contract, the Department may withhold payment to the Contractor until such time as the parties agree on a plan to remedy the deficiency. (k) The Department reserves the right to withdraw a commitment of any Program funds for projects not ready to proceed within three (3) months after the date of tentative award. (l) If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. (m) At the request of the Department, Requests for Payment for contracted or subcontracted services must attach appropriate documentation demonstrating compliance with contract requirements. (n) The Contractor may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (o) The Department will withhold ten percent (10%) of the total amount awarded to the Contractor until the Department approves the complete job creation project and all tasks outlined in Section 6 SCOPE OF WORK are completed by the Contractor and approved by the Department. 14 Page 6 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman Section 11. REPORTING REQUIREMENTS (a) Quarterly Project Progress Reports. Unless otherwise specified by the Department, the Contractor will also submit Project Progress Reports quarterly to the Department until the Contractor receives Contract closeout approval from the Department. The Project Progress Report must be provided on or before April 30th to cover the January 1-March 31 reporting period, July 31st to cover the April 1-June 30 reporting period, October 31st to cover the July 1-September 30 reporting period, and January 31st to cover the October 1-December 31 reporting period, for each year of the Contract period and at closeout of the Contract. These reports will describe the status of the activities set forth in Section 2 SCOPE OF WORK, including, at a minimum: • Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet with Progress Report and Job Certification Form. Narrative Progress Report should include the following items: o detailing progress towards achieving the hiring objectives and project goals that were described in the application; o projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name or changes to its registration with the Montana Secretary of State’s office; o any other pertinent information. (b) The report must also describe any significant problems encountered in carrying out the Project and the scope of any necessary modifications the Contractor is requesting in the SCOPE OF WORK, BUDGET, or Project implementation schedule. The State, at its discretion, may decline to honor the final ten percent (10%) Request for Payment if any required project progress reports have not been submitted. (c) Request for Payment with Report. Request for Payment with reports must include all items listed in Section 9(a), plus the following: • The Request for Payment Form signed by two authorized representatives, • Project Progress Report detailing progress towards achieving the hiring objectives and project goals that were described in the application as well as describing any difficulties encountered in working towards these goals, • Approved documentation verifying eligible costs were incurred, • Documentation of matching funds expended to date. (d) Project Closeout. Upon completion of the final Project, the Contractor will submit a signed final Project Completion Report. The Project Completion report should 15 Page 7 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman include all items in Section 9(a) and (c), with a request for payment for the final 10% of the award. • Once the Department accepts the final Project Completion Report and the final payment is processed, the Contractor will complete a Closeout Certification Form. • Once the Department approves the Closeout Certification Form from the Contractor, the Department will officially closeout the project and send a letter of closeout to the Contractor. The Department may request additional documentation, when in the exercise of its judgment such documentation is needed to confirm performance. To assist the Department with program performance reporting, the BSTF award recipient may be required to provide annual project updates for 3 years after the close of the contract. Section 12. PROJECT MONITORING (a) The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance with the SCOPE OF WORK, the proper use of Program funds, and other technical and administrative requirements of this Contract, including the adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department. (b) Failure by the Contractor to proceed with reasonable promptness to take necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part or reduce the contract price or award to reflect the reduced value of services received. (c) During the term of the Contract, the Department may plan and schedule progress meetings with the Contractor to discuss the progress made by the Contractor and the Department in the performance of their respective obligations. These progress meetings may include the parties’ liaisons and any other additional personnel involved in the performance of the contract as required. At each such meeting, the Contractor may be requested to provide the Department with a written status report that identifies any problem or circumstance encountered by the Contractor, or of which the Contractor gained knowledge during the period since the last such status report, which may prevent the Contractor from completing any of its obligations or may generate charges in excess of those previously agreed to by the parties. Contractor may be requested to identify the amount of excess charges, if any, and the cause of any identified problem or circumstance and the steps taken to remedy the same. 16 Page 8 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman (d) The Contractor is required to meet with the Department’s liaison to resolve technical or contractual problems that may occur during the term of the Contract, at no additional cost to the Department. Meetings will occur as problems arise and will be coordinated by the Department. Failure to participate in problem resolution meetings or failure to make a good faith effort to resolve problems may result in termination of the Contract. Section 13. NOTICE All notices required under the provisions of the Contract must be in writing and delivered to the parties’ liaisons either by regular mail or personal service. Section 14. REFERENCE TO CONTRACT The Contract number MUST appear on all invoices, packing lists, packages and correspondence pertaining to the Contract. Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING The Contractor shall not assign, transfer or subcontract any portion of the Contract without the express written consent of the Department. Section 17. TERMINATION OF CONTRACT Unless otherwise stated, the Department may, by written notice to the Contractor, terminate the Contract in whole or in part at any time the Contractor fails to perform the Contract. In the event of termination due to the Contractor’s failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Contractor. However, at its sole discretion, the Department may approve requests by the Contractor for reimbursement of expenses incurred. The Department may, at its sole discretion, terminate or reduce the scope of the Contract if available funding is eliminated or reduced for any reason. Section 18. COMPLIANCE WITH APPLICABLE LAWS Contractor 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. Contractor 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.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Contractor subjects subcontractors to the same provisions. In accordance with 49-3-207, MCA, and Executive Order No. 04-2016. Contractor agrees that the hiring of persons to perform this Contract will be made on the 17 Page 9 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman 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, ancestry, age, disability, military service or veteran status, or marital status by the persons performing this Contract. Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Contractor must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (GAAP). (b) The Department or any other legally authorized governmental entity or their authorized agents may, at any time during or after the term of this Contract, conduct, in accordance with Sections 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of the monies, and delivery of services provided through this Contract. Section 20. AVOIDANCE OF CONFLICT OF INTEREST The Contractor will comply with all applicable laws regarding the avoidance of conflict of interest. In addition, the Contractor agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. Section 21. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor accepts responsibility for supplying, and requiring all subcontractors to supply, the Department with proof of compliance with the Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Contractor nor its employees are employees of the State. The proof of insurance/exemption must be in the form of workers’ compensation insurance, an independent contractor exemption, or documentation of corporate officer status and must be received by the Department within 10 working days of the execution of this Contract, and must be kept current for the entire term of the contract. Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Contractor, or any of its contractors or subcontractors, in furtherance of this Contract are the property of the Contractor and the Department, which both have the royalty-free, nonexclusive, and 18 Page 10 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, in whole or part, such property and any information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the Department and the Contractor. Section 23. INSURANCE (a) General Requirements. Contractor shall maintain and shall assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, liability insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the duties and obligations in the Contract by Contractor, its agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. The Department, its officers, officials, and employees are to be covered as additional insured for all claims arising out of the use of award proceeds provided by the State of Montana. (b) General Liability Insurance. At its sole cost and expense, the Contractor shall purchase occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory Tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (c) Professional Liability Insurance. Contractor shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the Contractor may provide "claims made" coverage provided the following conditions are met: (I) the commencement date of the contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are made (filed) after the cancellation or expiration date of the policy. (d) Property Insurance. At its sole cost and expense, the Contractor shall maintain property and hazard insurance, including course of construction coverage, and earthquake insurance in areas where there is a shaking level above 10g (see map at http://www.rmtd.mt.gov/content/aboutus/publications/files/NEHRP.pdf) for loss or damage for any building and all related improvements and contents therein on the premises on a replacement cost basis throughout the term of the contract. 19 Page 11 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman (e) General Provisions. All insurance coverage shall be placed with a carrier licensed to do business in the State of Montana or by a domiciliary state and with a Best's rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements are to be received by the Department prior to beginning any activity provided for under the Contract. Contractor shall notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. The Department reserves the right to request complete copies of Contractor's insurance policy including endorsements at any time. Section 24. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect, defend, and save the Department, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, to the extent arising in favor of the Contractor’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of Contractor’s negligence in connection with services performed or omissions of services or in any way resulting from the negligent acts or omissions of the Contractor and/or its agents, employees, representatives, assigns, contractors, subcontractors, except the sole negligence of the Department under this agreement. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. DEBARMENT The Contractor certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, or subcontractors are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. If the Contractor cannot certify this statement, it has attached a written explanation for review by the Department. Section 27. FORCE MAJEURE Neither party will be liable for any failure or delay in performing its duties in this agreement due to Force Majeure Events. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Event does not include a strike or other labor unrest that affects only that party, an increase in prices 20 Page 12 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman or other change in general economic conditions, a change in law, or an event or circumstance that results in that Party’s not having sufficient funds to comply with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party may terminate this agreement or suspend payments while the event continues. Section 28. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal and void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 29. ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach shall be deemed a waiver of its rights with regard to that event, or any subsequent event. No express failure of any event of breach shall be deemed a waiver of any provision hereof. No such failure or waiver shall be deemed a waiver of the right of the Department to enforce each and all of the provisions hereof upon any further or other breach on the part of the Contractor. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. Section 32. REGISTRATION WITH SECRETARY OF STATE Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with Montana laws. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, contact the Office of the Secretary of State at (406) 444-3665, or visit their website at http://www.sos.mt.gov. 21 Page 13 of 13 Big Sky Economic Development Trust Fund Program Contract #MT-BSTF-1-23-20 Montana Department of Commerce Updated 6.13.22 City of Bozeman Section 33. INTEGRATION This contract contains the entire agreement between the parties, and no statements, promises, or inducements of any kind made by either party, or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. Amendments to this contract must be signed by both parties. IN WITNESS OF THE TERMS SET OUT ABOVE, the parties hereto have caused this Contract to be executed on the dates set out below. By: ________________________________________________________________ Cynthia L. Andrus, Mayor Date City of Bozeman ATTEST: _______________________________________________________________ Mike Maas, Clerk Date City of Bozeman By: ________________________________________________________________ Mandy Rambo, Acting Deputy Director Date Montana Department of Commerce 22 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Notice of Award to Knife River-Belgrade for Construction of the 2023 Street Improvements Project MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Knife River - Belgrade for the Total Schedule 1 thru 4 Base Bid Plus Miscellaneous Work in the Amount of $1,799,190.00 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally involves: pavement cold milling, hot mix overlays, seal coating, concrete improvements and pavement markings and incidental items. Bids for the above-referenced project were opened on March 30th with 1 bid being submitted. The bid was submitted by Knife River - Belgrade in the amount of $1,799,190.00 for the base bid work. The Bid Tabulation for the project is attached. The contract is to be completed within 60 calendar days of the issuance of the notice to proceed. UNRESOLVED ISSUES:The bid exceeds the engineer's estimate by approximately 9 percent and exceeds the Capital Improvements Plan budget by approximately 6 percent. The engineer's estimate was calculated based on unit prices submitted by Knife River-Belgrade from the 2022 bid for the same contract including a 10 percent increase for construction cost inflation. The City has seen a rapid escalation of construction costs over the last few years and a decrease in the number of contractors interested in bidding City projects. This has made it challenging to plan and budget for necessary capital improvements in the City. The city's Pavement Condition Assessment of 2020 recommended an annual pavement maintenance investment of $1,700,000. While staff has continued 23 advancing annual maintenance at this level, the buying power of the investment has dropped drastically due to cost escalation. Unit prices on similar contract items have increased approximately 50% since 2019, a rate that far surpasses underlying inflationary factors. The lack of competition for bids, as evidenced by the single bid received for this contract, has led to the rates we see now. The quantity of both public and private construction in the Gallatin Valley and surrounding area far surpasses capacity of our private contractor forces. The Department of Transportation and Engineering intends to investigate the feasibility of bringing these services in-house as means of controlling cost. Without significant rate increases, we are unable to deliver the quantity of work using contractor services that the city requires to maintain state of good repair for our existing infrastructure. ALTERNATIVES:Disapprove FISCAL EFFECTS:This project will be paid for with approved funding from the FY24 Street Maintenance fund and Gas Tax Allocation. Cost over amount budgeted in fy24 CIP will be covered with portion of FY23 BaRSAA allocation. The contract documents specify that work may not begin until after July 1, 2023. Attachments: AWARD.docx Bid Sheet - 2023 Street Maintenance.pdf Engineer's Estimate.pdf Report compiled on: April 3, 2023 24 NOTICE OF AWARD Dated: __________________________ TO: Knife River - Belgrade ADDRESS: P.O. Box 9, Belgrade, MT 59714 PROJECT: City of Bozeman 2021 Street Improvements CONTRACT FOR: Schedules 1, 2, 3 & 4 You are notified that your Bid dated March 30 th, 2023, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for pavement cold milling, hot mix overlays, seal coating, Concrete Improvements, and pavement markings. The Contract Price of your Contract is:one million seven hundred ninety nine thousand one hundred ninety and 35/100 Dollars ($1,799,190.00). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1.You must deliver to the OWNER 3 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 in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 25 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Knife River Belgrade 630 Airway Boulevard Belgrade, MT 59714 10089 Yes Yes $1,799,190.00 Mike Maas Kellen Gamradt City Clerk Engineer Bid Check:Delivered to Finance:Accepted By:Date: BID - 2023 Street Maintenance These bids were opened and read before the undersigned at 2:00 pm on Thursday, March 30, 2023. DocuSign Envelope ID: F3437597-5CC4-4566-B0D7-2CC4962D4377 26 Schedule 1 - Cold Milling & Hot Mix Overlay Item Description Unit Est. Quantity Unit Price Total Price 101 Cold Milling of Existing Pavement (2" nominal depth)S.Y.39,452 3.30$ 130,033.79$ 102 Hot Mix Asphalt Surface Course, Type B Plant Mix, in place Ton 4,504 92.19$ 415,201.24$ 103 Asphalt approach Transition Work LF 10 45.00$ 450.00$ 104 Adjust valve box EA 6 350.00$ 2,100.00$ 105 Adjust manhole ring and cover EA 7 700.00$ 4,900.00$ 106 Traffic control LS 1 100,000.00$ 100,000.00$ 107 Misc. Work EA 20000 1.00$ 20,000.00$ TOTAL BASE BID 672,685.03$ Schedule 2 - Street Seal Coat Item Description Unit Est. Quantity Unit Price Total Price 201 Cationic Emulsified Asphalt in place (CRS-2P) Gal 42,749 4.64$ 198,141.62$ 202 Seal Coat Aggregate 3/8" Gradation, in place SY 106,871 2.16$ 231,161.97$ 203 Traffic Control LS 1 65,000.00$ 65,000.00$ 204 Misc. work EA 20000 1.00$ 20,000.00$ TOTAL SCHEDULE 2 514,303.59$ Schedule 3 - Sidewalk & Pedestrian ramp Improvements Item Description Unit Est. Quantity Unit Price Total Price 301 Concrete removal & Disposal SF 1,940 4.00$ 7,760.00$ 302 Asphalt Removal & Disposal SF 586 5.75$ 3,369.50$ 303 Combined Concrete Curb & Gutter LF 295 47.00$ 13,865.00$ 304 6" Concrete Sidewalk In place SF 880 12.00$ 10,560.00$ 305 4" Concrete Sidewalk in place SF 450 10.00$ 4,500.00$ 306 Asphalt Patching SF 586 12.50$ 7,325.00$ 307 Detectable warning Plates SF 189 53.00$ 10,017.00$ 308 Traffic Control LS 1 30,000.00$ 30,000.00$ 309 Misc. Work EA 10000 1.00$ 10,000.00$ TOTAL SCHEDULE 3 97,396.50$ Schedule 4 - Striping & Signage Improvements Item Description Unit Est. Quantity Unit Price Total Price 401 Mobilization LS 1 11,000.00$ 11,000.00$ 402 Striping - 4" white epoxy Gal 57 280.00$ 15,960.00$ 403 Striping - 4" yellow epoxy Gal 40 280.00$ 11,200.00$ 404 Striping - 24" White Epoxy Gal 16 500.00$ 8,000.00$ 405 Striping - 24" yellow epoxy Gal 3 800.00$ 2,400.00$ 406 Striping - White Sharks Teeth epoxy EA 92 50.00$ 4,600.00$ 407 White Sharrow Symbol epoxy EA 22 550.00$ 12,100.00$ 408 White Bike Lane Symbol epoxy EA 48 650.00$ 31,200.00$ 409 Striping - 4" Yellow thermoplastic LF 600 7.75$ 4,650.00$ 410 Striping - 8" white thermoplastic LF 1163 20.00$ 23,260.00$ 411 Striping - 24" white thermoplastic LF 648 56.00$ 36,288.00$ 412 White Sharks Teeth (yield symbol) - Thermoplastic EA 92 190.00$ 17,480.00$ 413 White Turn Arrow Symbol - Thermoplastic EA 3 950.00$ 2,850.00$ 414 White "only" marking - Thermoplastic EA 3 1,350.00$ 4,050.00$ 415 White Combination Arrow, Thermoplastic EA 6 1,050.00$ 6,300.00$ 416 Traffic Control LS 1 55,000.00$ 55,000.00$ 417 Misc. Work EA 40000 1.00$ 40,000.00$ TOTAL SCHEDULE 4 286,338.00$ TOTAL BASE BID SCHEDULES 1, 2, 3, 4 1,570,723.12$ Total w/ 10% Contingency 1,649,259.28$ 2023 Street Improvements Engineer's Estimate Engineer's Estimate Engineer's Estimate Engineer's Estimate 27 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Kelley Rischke, Assistant City Attorney Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign an Amendment to Canyon Gate Annexation Agreement and Restrictive Covenant MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:I move to authorize the City Manager to sign the Amendment to Canyon Gate Annexation Agreement. 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 original annexation agreement for Canyon Gate included a requirement for the Landowner to provide 60 income restricted units. It was always the intent of the parties to allow these units to be offered for sale or for lease and for the units to be restricted for affordability in perpetuity. The amendment to the Canyon Gate Annexation Agreement and restrictive Covenant clarifies this intent and clearly and specifically allows for the provision of income restricted units for sale or for lease (or combinations thereof). The amended covenant reflects these changes and now specifically requires that the units be offered for sale or rented at affordable rates in perpetuity. Perpetuity language was initially omitted from the covenant. The number of income restricted units remains the same. Link: Commission Memorandum and Packet Material for Canyon Gate Annexation, January 11, 2022. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None at this time. Attachments: 28 031623 approved Annexation Agreement amendment re lease of affordable units.docx Amendment to Canyon Gate Covenant final 20230410.pdf Report compiled on: April 5, 2023 29 Amendment to Canyon Gate Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 AMENDMENT TO CANYON GATE ANNEXATION AGREEMENT THIS AMENDMENT TO ANNEXATION AGREEMENT is made and entered into this ______ day of __________________, 2023, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and CANYON GATE INVESTORS, LLC, of 111 W. Lamme Street, Suite 101, Bozeman MT 59715, hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, following approval by the City Commission, the City and Landowner entered into the Canyon Gate Annexation Agreement on _________ and the Agreement was executed by the parties and recorded as document _____________ in the records of Gallatin County (the “Agreement”); WHEREAS, Section 17.C. of the Agreement required Landowner to record a covenant running with the land pursuant to the requirements set forth in Section 17.A. and Section 17.B and Landowner recorded such a covenant as document ______________in the records of Gallatin County (the “Covenant”); 30 Amendment to Canyon Gate Annexation Agreement 2 WHEREAS,Section 17.B. of the Agreement provides that Landowner voluntarily offers and agrees to provide within the R-5 zoning area within the CANYON GATE ANNEXATION, a minimum of 60 housing units that are priced no greater than 120% of Area Median Income at an interest rate of 3.5% per the matrix set forth in Exhibit B to the Agreement and as further defined therein (the “income restricted units”); WHEREAS, Section 17.B did not draw a distinction between income restricted units which may be offered for sale versus income restricted units which may be offered for lease, and the parties desire to clarify such language; WHEREAS, the City and the Landowner intended to allow the income restricted units to be offered for sale; and WHEREAS, Section 22 of the Agreement specifies that modifications or amendments to the Agreement are valid only if evidenced by a writing signed by the parties to the Agreement; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into the Amendment. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals: The above recitals are true and correct and incorporated herein. 2.Amended Terms:Section 17.B of the Agreement is hereby modified to specify that Landowner’s obligation to provide a minimum of 60 income restricted units as provided therein may be satisfied by offering such units to persons who qualify within the income restrictions for purchase or for lease or for any combination of purchasing or leasing. 31 Amendment to Canyon Gate Annexation Agreement 3 3.Modification of Covenant:Landowner and City shall execute and record a modification to the Covenant to clarify that Landowner’s obligation to provide a minimum of 60 income restricted units as provided therein may be satisfied by offering such units to persons who qualify within the income restrictions for purchase or for lease or for any combination of purchasing or leasing, in a form to be approved by the City. 4.Effect of Amendment:This Amendment applies only to the portions of the Agreement as specified herein and all other terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed the day and year first above written. 32 Amendment to Canyon Gate Annexation Agreement 4 LANDOWNER CANYON GATE INVESTORS, LLC a Montana limited liability company By: CANYON GATE PARTNERS, LLC a Montana limited liability company, its Managing Member __________________________________________ By: Andrew Holloran, Manager STATE OF _____________ ) :ss COUNTY OF ___________ ) On this ________ day of _______________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Andrew Holloran, as Manager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of ___________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 33 Amendment to Canyon Gate Annexation Agreement 5 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2023, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 34 Amendment to Canyon Gate Declaration of Covenants, Conditions and Restrictions 1 Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 AMENDMENT TO CANYON GATE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Amendment to Canyon Gate Declaration of Covenants, Conditions and Restrictions is made this _____ day of ______________, 2023 by Canyon Gate Investors, LLC, of 111 W. Lamme Street, Suite 101, Bozeman, MT 59715, herein referred to as “Declarant.” RECITALS A. WHEREAS, on April 28, 2022, Declarant recorded the Canyon Gate Declaration of Covenants, Conditions and Restrictions in the records of Gallatin County, Montana, as Document No. 2774188 (the “Declaration”); B. WHEREAS, pursuant to Section 4 of the Declaration, the Declaration may be amended upon the written approval of the property owners comprising fifty-one (51) percent of the area of the non-public real property within the Canyon Gate Annexation Property and the consent and approval of the City of Bozeman; and C. WHEREAS, the undersigned is the owner of all the non-public property within the Canyon Gate Annexation Property and desires to amend the Declaration to clarify that the income restricted units required by Section 4 of the Declaration may be satisfied by offering such units to persons who qualify within the income restrictions for purchase or for lease or any combination of purchasing or leasing, and the City of Bozeman consents to the amendment as set forth herein; NOW, THEREFORE, Declarant hereby amends the Declaration as follows: 1. Section 2 of the Declaration is hereby amended and replaced in its entirety with the following language: 35 Amendment to Canyon Gate Declaration of Covenants, Conditions and Restrictions 2 Provision of Income Restricted Housing. In order to advance the goals of the Bozeman Community Plan 2020, Declarant agrees to provide in perpetuity within the R-5 zoning area within the Canyon Gate Annexation Property, a minimum of 60 housing units that are priced for lease or purchase no greater than 120% of Area Median Income at an interest rate of 3.5% per the matrix set forth in Exhibit B. As determined by the City, a one person household includes studios, two person household includes one bedroom units, a three person household includes two bedroom units, and four person household includes three bedroom units. The lease or sale (or combination thereof) and management of the income restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Declarant shall begin construction of the income restricted housing prior to any vertical construction within the B2M zoning district and shall complete all 60 units within 24 months after commencing construction. 2. Except as expressly modified by the terms hereof, the Declaration shall remain unchanged and all other provisions are hereby ratified. 36 Amendment to Canyon Gate Declaration of Covenants, Conditions and Restrictions 3 IN WITNESS WHEREOF the DECLARANT has signed this instrument and arranged for its recordation in the real property records of Gallatin County, Montana. LANDOWNER CANYON GATE INVESTORS, LLC a Montana limited liability company By: CANYON GATE PARTNERS, LLC a Montana limited liability company, its Managing Member __________________________________________ By: Andrew Holloran, Manager STATE OF MONTANA ) :ss County of Gallatin ) On __________________________, 2023, before me, Notary Public, personally appeared Andrew Holloran, as Manager of Canyon Gate Partners, LLC, Managing Member of Canyon Gate Investors, LLC. _________________________________________ NOTARY PUBLIC FOR THE STATE OF MT 37 Amendment to Canyon Gate Declaration of Covenants, Conditions and Restrictions - 4 - CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2023, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ Notary Public for the State of Montana 38 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Mike Gray - Facilities Superintendent Jon Henderson - Strategic Services Director SUBJECT:Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreements for Facilities Contractors Term Contracts STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Facilities Dept. regularly uses general contractors and specialty trades contractors for projects related to facilities management and maintenance. To attract a wider pool of contractors the Facilities Dept. published an RFQ for contractors of all trades on January 8, 2023, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future facilities projects as they arise. When responding to emergency maintenance needs, procurement delays can significantly increase building downtime resulting in impacts to the public and staff. Maintaining term contracts with general and specialty trade contractors positions the City to be able to adequately respond to facilities needs while also building stronger contractor relationships. A recent example of the benefits of having term contracts with general contractors and trade contractors was the 2022 emergency repairs at the Swim Center, where a general contractor under a term contract was able to immediately start work on the repairs without procurement delays. This reduced the duration of the facility closure for repairs by nearly two months, reducing impacts to the public and City operations. The contractors listed below responded to the Request for Qualifications and were evaluated by the review committee to be qualified to provide the services detailed in their statements of qualifications and their proposals. Term Contract proposals were extended to all responding contractors who 39 were evaluated as 'qualified' by the review committee. Contracts included in this item: Mesa Moving and Storage - Moving and Storage Services Petals Gardening - Landscaping Services Core Controls - HVAC & Controls Services Another Peters Painting - Interior and Exterior Painting Services Campbell's Plumbing and Heating - Plumbing and HVAC Services BMY - General Contracting Services Western Skies Landscapes - Landscaping Services Buffalo Restoration - Restoration, Cleaning, and Remediation Services ClearView Solutions West - Glass Coating Services Signs of Montana - Signage Services Premier Systems - HVAC Services UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre- negotiated rates as stated in the Scope of Services for each contract. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are to be $79,999 or less per the City of Bozeman Purchasing Policy. Attachments: PSA - Mesa Moving and Storage - Term Contract - Moving and Storage Services.pdf PSA - Another Peters Painting - Term Contract - Painting Services.pdf PSA - BMY Construction Group - Term Contract - General Contractor Services.pdf PSA - Campbell's Plumbing and Heating - Term Contract - Plumbing and HVAC Services.pdf PSA - Core Control - Term Contract - HVAC & Plumbing Services.pdf PSA - Petals Gardening and Consulting - Term Contract - Gardening and Landscaping Services.pdf PSA - Western Skies Landscapes - Term Contract - Landscaping Services.pdf PSA - Buffalo Restoration - Term Contract - Restoration and Remediation Services.pdf PSA - ClearView Solutions West - Term Contract - Glass Coating Services.pdf PSA - Signs of Montana - Term Contract - Signage Services.pdf 40 PSA - Premier Systems - Term Contract - HVAC Services.pdf RFQ Trade Contractors - Facilities Projects.pdf Report compiled on: April 6, 2023 41 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Mesa Moving and Storage, 95 E Griffin Dr, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include professional moving and storage services or other similar (other) services for the City of Bozeman. 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 42 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 43 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 44 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 45 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 46 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 47 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Erin Headdy, Commercial Coordiantor, 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 48 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 49 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 50 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 51 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 52 EXHIBIT A 53 www.mesamoving.com Quality-focused provider of tailor-made logistics services and project management, serving the hospitality, food service, retail, healthcare, and various other industries. Management company that focuses on Department of Defense transportation and logistics. Committed to serving military families and government employees. Providing personalized high-quality relocation services, designed to align with the needs of the transferees. Seven Mesa Branch Locations MONTANA: Bozeman, Helena, Whitefish COLORADO: Aurora and Grand Junction UTAH: South Salt Lake City IDAHO: Boise Executive Summary Parent company of several corporate entities with offices throughout the western United States. Established in 1981. For more than three decades; a world-class provider of logistics solutions for businesses and individuals. One of the largest full-service household goods moving and storage companies for United Van Lines; agencies in Bozeman, MT, Helena, MT, Whitefish, MT, Denver, CO, Salt Lake City, UT, Boise, ID, and Grand Junction, CO. Founding member and shareholding agent of Office Moving Alliance, an international network of commercial moving specialists; now providing services for many of the largest companies in the world. FIDI Certified, Registered International Mover, and member of the International Association of Movers; award winning Mesa International strives to be one of the top transportation companies in the world. 54 www.mesamoving.com MESA BOZEMAN BRANCH STRUCTURE Branch Location: 95 E Griffin Dr, Bozeman, MT 59715 • Warehouse: 46,000 sq. ft. | Docks: 7 elevated, 7 ground • Racks: 859 pallet locations | Vaults: 500 locations • Open mezzanine for Record Storage • Temperature Controlled Bozeman Team: Mark Radwanski, Terminal Manager (406) 551-7907 mradwanski@mesamoving.com Amanda Hofer, Director of Area Sales (406) 551-7906 ahofer@mesamoving.com Erin Headdy, Coordinator (406) 551-7908 eheaddy@mesamoving.com Personnel: 18 Crew members | 8 Warehousemen | 1 CDL Driver | 3 Office Equipment: Trucks: 7 | Passenger Vans: 4 | Tractors: 3 | Trailers: 9 55 www.mesamoving.com BUILDING A WINNING MESA TEAM Notwithstanding Mesa’s financial strength, or acquisition of technical advancements, by far the greatest strength of Mesa Systems, Inc. is the depth, diversity, and personality traits of our management team. It is said that the personal style of team members has the greatest influence on its success. As important as any technical skill a team member brings is the ability to work closely together, free of ego and fully transparent in action. The most effective leaders are comfortable with who they are, and they surround themselves with people who complement their strengths and weaknesses. INDUSTRY KNOWLEDGE Combined Experience: • Mesa Commercial Consultants - over 120 years • Mesa Project Management Team - over 40 years • Onsite Relocation Supervisor Team - over 140 years COMMITMENT TO QUALITY ➢ All Mesa Moving & Storage employees must adhere to the Department of Homeland Security E-Verify Program ➢ Mesa Personnel are background checked in accordance with the stringent polices of United Van Lines ➢ Movers and Packers are in uniform, trained, and respectful of customer’s items and their privacy ➢ Mesa Drivers are CDL Van Operators in good standing and qualified through United Van Lines. They take pride in their work and are trained to supervise and coach the Movers and Packers under a watchful eye ➢ Mesa understands that moving is one of the most “stressful things people may ever encounter.” We take the responsibility of caring for our customers very seriously Each one of us works hard to alleviate this stress by coordinating and managing every step of each move from start to finish Our goal is to exceed your expectations. 56 www.mesamoving.com MESA’S MENU OF MOVING SERVICES ➢ Residential Moving and Storage ➢ Professional Packing ➢ Office Moving – Associates and Content ➢ Move – Add – Change Moving ➢ Project Management ➢ Move Planning and Consulting ➢ Computer Disconnect / Reconnect ➢ Server Room / Data Services ➢ High Value Labs and Clean Rooms ➢ Inventory Management ➢ Windfall Bar Code Asset Tracking ➢ Furniture Asset Decommission ➢ Logistics and Transportation ➢ Industrial Moving and Transport ➢ Warehousing and Distribution ➢ Hotel, Hospitality, FF&E ➢ Fixture Rollout / Furniture Installation ➢ Office Space Disinfecting MESA’S STANDARD OPERATING PROCEDURES ➢ Single point of contact for duration of project ➢ Pre-move planning meetings ➢ Detailed move plan developed, and timelines established ➢ Utilize a From-To list to create move labels and placards ➢ Budget planning and move analysis consultation ➢ Provide all required moving material, specialized equipment, and manpower ➢ Protect facilities at origin and destination ➢ Prepare, pack, load, transport, unpack, and place all labeled content ➢ Clean moving debris each day of project ➢ Work efficiently and safely, with minimal disruption ➢ Provide Earth-friendly reusable moving crates in lieu of corrugated cartons ➢ Reuse and recycle monitor cover and keyboard bags ➢ Provide “Welcome Desk” support Monday after Move ➢ Dedicated to the success of your company 57 www.mesamoving.com MESA’S COMMITMENT TO THE PLANET Mesa has invested in sustainable moving materials keeping debris out of landfill. Mesa assists residential and commercial customers dispose of unwanted and unusable assets. We partner with non-profit organizations and reputable disposal services to discard end-of-life items responsibility. Mesa was the recipient of the Environmental Protection Agency (EPA) 2017 SmartWay Excellence Award - recognized as an industry leader in freight supply chain environmental performance and energy efficiency. Mesa demonstrated top environmental performance by effectively hauling all freight with environmentally and energy efficient SmartWay equipment. Mesa has made great strides in improving the fuel efficiency of vehicles and equipment and continues the commitment to improve driver training and safety initiatives. MESA’S INDUSTRY AFFILIATIONS 58 Respectfully Submitted Amanda Hofer Director of Area Sales Mesa Moving & Stg EXECUTIVE SUMMARY We feel that the objective of moving any organization is to keep the disruption of the move to a minimum, allowing for services to continue, resulting in a smooth transition, employees unpacked and ready, computer/phone systems in working order, support areas moved in advance and ready for activity. We accomplish this goal by implementing a move plan that includes the following processes. • Begin Conducting meetings with department heads to identify their needs. • Develop a workable Move schedule that dove tails those needs into a plan. • Present the move schedule to the Move planning group for acceptance. • Begin a series of meetings with the move planning group to discuss details of the plan and implementation • Complete floor plans and identify final employee locations. • Set up move meeting with employees to provide move instruction and timing for department moves. • Make copies of the floor plans and color codes to be used in the employee move meetings • When the City gets occupancy of the space, we begin the layout of the new space with colored coded plans, identifying locations and access to the new space • Move begins, we supervise and manage the process based on move schedule, monitoring progress, confirming contents and furniture is in their proper location. • Computer disconnect and reconnect is completed and documented. • We set up a hot desk for IT and Movers to respond to issues, document completion following the move the day before. www.mesamoving.com 59 95 E. Griffin Drive, Bozeman, MT 59715 (406) 586-5497 | (888) 229-1409 www.mesamoving.com MESA COMMERCIAL STORAGE AGREEMENT & RATES LABOR RATE TERMS: • Four-hour minimum charge applies • Time charged on an hourly basis is billed in 15-minute increments • Over-time rates apply on weekends, holidays, or jobs serviced outside of normal hours of 8 am – 5 pm on weekdays • Time charged includes all roundtrip drive time to and from the warehouse and onsite time needed to complete delivery • Delivery services are either tailgate based or items will be placed in a designated area • If installation services are needed they can be quoted and itemized separately. • If packing and crating services are needed they can be quoted and itemized separately. Description Rate Unit of Measure/Comment Warehouse Handling In $5.75 Per CWT/$57.50 Minimum Per Occasion Warehouse Handling Out $5.75 Per CWT/$57.50 Minimum Per Occasion Monthly Storage $5.75 Per CWT/$57.50 Minimum Per Month Pallet Handling In $15.75 Per Pallet/Pallet Size 48”x48”x48” Pallet Handling Out $15.75 Per Pallet/Pallet Size 48”x48”x48” Monthly Pallet Storage $15.75 Per Pallet/Per Month/Pallet Size 48”x48”x48” Warehouse Labor $50.00 Per Hour/Per Man Labor 1 Mover/1 Truck $133.00 Per Hour Labor 2 Movers/1 Truck $185.00 Per Hour Labor 3 Movers/1 Truck $237.00 Per Hour Labor 4 Movers/1 Truck $289.00 Per Hour Labor Additional Mover $52.00 Per Hour/Per Man Labor Additional Truck $50.00 Per Hour/Per Truck Fuel Surcharge $75.00 Per Trip/Per Truck Mileage Charge $1.00 Per RT Mile/Applies to Remote Locations Debris Removal $4.00 Per CWT/$150 Minimum Charge 60 95 E. Griffin Drive, Bozeman, MT 59715 (406) 586-5497 | (888) 229-1409 www.mesamoving.com CARGO VALUATION OPTIONS: Transportation and Storage Mesa Moving & Storage (Mesa) Basic Carrier’s Liability will automatically apply if Customer does not select optional coverage. Option 1 Declared Replacement Value: Mesa’s maximum liability limited to the declared value of cargo in its current used condition. Minimum Declared Value $20,000.00. Select Declared Value Amt Deductible Level Cost per $1000 Transit Coverage Cost Initials $0.00 $8.50 $500.00 $5.00 Option 2 Basic Carrier’s Liability: This Option will automatically apply if Customer does not select optional coverage. Mesa’s liability is limited to a maximum of $0.60 per pound per article. Basic Carrier's Liability No Charge to Customer Initials Mesa's liability is limited to $0.60 per lb per article Storage Coverage: In the event cargo goes into storage, Option Selection above will follow cargo. Declared Value Amounts in Option 1 or Option 2 will remain the same and will be billed monthly. Minimum Declared Value $20,000.00. Select Declared Value Amt Deductible Level Cost per $1000 Storage Coverage Cost Initials $0.00 $2.50/ month $500.00 $1.50/month Basic Carrier's Liability $0.60 per lb per article N/A N/A N/A Note: Any damaged item must be available for inspection. Invoice must be paid prior to claim being settled. My signature below indicates the understanding and acceptance of the Cargo Valuation Options as chosen. Customer Signature Date ___________________________ __________________ Representative Signature Date 61 95 E. Griffin Drive, Bozeman, MT 59715 (406) 586-5497 | (888) 229-1409 www.mesamoving.com TERMS & CONDITIONS All work will be completed in a professional manner according to standard industry practices. Customer’s representatives must be present at origin and destination during the actual move and authorized to make changes to the scope of the move. Mesa Systems, Inc. d.b.a. Mesa Commercial Services (Mesa) is due all monies as contracted unless termination of said contact is agreed to, in writing, by both parties. Any alterations or deviations from specifications listed in Mesa’s proposal that involve extra labor, equipment, or additional time may result in an adjustment of the quoted price in the form of additional charges. Such charges will be due and payable in accordance with the terms of payment listed in Terms & Conditions. Alternative Measures. There may be additional charges if any item must be moved using Alternative Measures (such as elevator top-rides, use of lift, or removal of windows) due to the characteristics of said item (size, weight, or building characteristics). Unexpected Circumstances. There may be additional charges if the following conditions do not exist at both origin and destination facilities: (a) adequate light, heat, air and power, and access to adequate parking; (b) exclusive and uninterrupted use of elevators and docks; (c) all loading and unloading areas are accessible, and free of debris or any other impediments to moving, and (d) construction, renovation, decorating and other work is complete or at a status that will not impede the move. Price. The cost for moving and storage services include all time, labor, material, and equipment as listed in the Mesa Proposal. Any deviations from the specifications, sequence, or scheduling of the move will result in a change order and an adjusted price. In addition, any costs for change orders, Alternative Measures and Unexpected Circumstances during the move will be included in the final invoice. Delays. Situations beyond the reasonable control of Mesa, such as but not limited to traffic or roadwork, weather conditions, accidents, riots, strikes, malfunction/non-functioning on-site Customer or building equipment, acts of God, government regulations or other causes and acts of force majeure, may cause a delay in services. In the event of any such unforeseen encounter, the duration of the move period may be correspondingly extended. Mesa will not be responsible or liable to Customer for any loss or damage to Customer including loss of income and/or profits, incidental, special or consequential damages resulting solely from the move being delayed as the result of unforeseen circumstances beyond Mesa’s control. Customer will be responsible for paying the actual time, labor, material, and equipment used for the move, regardless of unforeseen delays beyond Mesa’s control. Cancellation. Cancellation, or any changes, must be made at least 48-hours prior to the move. Should a crew be dispatched due to the lack of notice, the customer will be charged according to the hourly rate of the crew multiplied by 4-hours. Protection from Damage/Claims. Mesa shall not be held liable for loss, damage, or destruction of items such as but not limited to (a) unsecured high-value negotiable items; (b) electronic equipment improperly prepared to move by manufacturer; (c) electronic equipment with no exterior physical damage; (d) objects not movable by standard moving methods; (e) origin/destination building if elevator is not available and/or space during the move is shared with other contractors or building management. Claims for loss or damage must be made in writing within 30-days of move completion or Customer waives the right to any claims. Mesa shall not be liable for any indirect, consequential, special incidental, or punitive damages, including but not limited to loss of use, delay, or lost profits. Payment Terms. If credit approved, payment is due in full 30-days from date of invoice. If credit terms are not established, Customer shall pay Mesa’s estimated costs plus 10% no later than 1-day prior to the Planned Move Date and shall pay Mesa for Alternative Measures, Unexpected Circumstances, or Change Orders no later than 3-days after the conclusion of the move. Non-Payment/Collection. Invoices outstanding for more than 30 days will bear interest at the rate of 1½ percent per month (18% APR) on the unpaid balance. If legal counsel is retained to collect monies owed by Customer, Customer shall pay to Mesa reasonable costs of collection, attorneys’ fees, and court costs incurred. Miscellaneous The Agreement (a) includes these Terms and Conditions and the duly executed Mesa Proposal, Bills of Lading and Change Orders; (b) embodies the entire agreement between the parties pertaining to the subject matter hereof and any additions or modifications to this Agreement must be in writing signed by both parties; (c) supersedes all verbal, written and electronic representations, understandings and agreements; and (d) shall be construed as severable, so the invalidity of any provision shall not affect the validity of any other provisions. The parties shall submit to the laws and jurisdiction of Colorado courts for any lawsuit arising out of or related to this agreement regarding any stored or handled items and shall waive the right to a jury trial. The prevailing party shall be entitled to reimbursement of its costs and reasonable attorney’s fees. In the event Customer fails to pay amounts owed to Mesa under this Agreement, Mesa shall be entitled to recover from Customer reasonable attorneys’ fees and costs Mesa incurs in enforcing the provisions of this Agreement. Signature Required Prior to Execution of Services Customer Signature Date 62 www.mesamoving.com Business Name City of Westminster Contact Person/Email Thomas Ochtera, LEED-AP, CEM, ENV-SP Energy and CIP Coordinator City of Westminster (303) 658-2551 tochtera@CityofWestminster.us Business Name City of Denver Public Library Project Contact Person/Email Curt Winn, Senior Project Manager City & County of Denver Department of Transportation & Infrastructure IPM - Infrastructure Office: (720) 913-4598 | Mobile: (303) 710-3393 Curt.Winn@denvergov.org Business Name Arapahoe County APZ Remodel Contact Person/Email Ann Baertlein/Project Manager Araphoe County Facilities and Fleet Management Department 1610 W. Littleton Blvd. Suite #100 Littleton, Colorado 80120 303-795-4514 abaertlein@arapahoegov.com RELATED EXPERIENCE WITH SIMILAR PROJECTS 63 www.mesamoving.com Business Name Bozeman Health Contact Person/Email Holly Raycraft 406-599-9883 Business Name Montana State University Contact Person/Email Richard Rudnicki 864-650-2360 Business Name Bioscience Lab Contact Person/Email Marsh Paulsen 406-570-4304 REFERENCES 64 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE $ $ $ $ $ The ACORD name and logo are registered marks of ACORD (406) 268-2027 21172 Mesa Systems, Inc. 681 Railroad Blvd Grand Junction, CO 81505 A 1,000,000 X CMG 0000066 04 11/1/2022 11/1/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X CMA 3202000 03 11/1/2022 11/1/2023 5,000,000A UMV 3202001 04 11/1/2022 11/1/2023 10,000 A WCV 3202000 03 1/1/2023 1/1/2024 1,000,000 N 1,000,000 1,000,000 A Motor Truck Cargo CGV 3202001 05 11/1/2022 Deductible $2,500 250,000 A Warehouse Legal Liab CGV 3202001 05 11/1/2022 11/1/2023 Varies By Location Mesa Moving and Storage, 95 East Griffin Drive, Bozeman, MT 59715 Certificate Holder is listed as an additional insured in regards to auto and general liability as per signed written contract. MESASYS-01 BKORST Transportation Practice PayneWest Insurance, a Marsh McLennan Agency LLC Company P.O. Box 30638 Billings, MT 59107-0638 Brittany Korst bkorst@paynewest.com Vanliner Insurance Company X 11/1/2023 X X X X X X X City of Bozeman Bozeman, MT 59715 DATE (MM/DD/YYYY) 1/19/2023 65 COMMERCIAL GENERAL LIABILITY VL 5040 07 08 VANLINER INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person, or organization whom you are required to add as n additional insured on this policy under a written contract, agreement, or permit. Such written contract, agreement or permit must be: f. Currently in effect or becoming effective during the coverage term of the policy; and g. Executed prior to any "bodily injury", "property damage" or "personal and advertising injury" associated with the additional insured. The insurance provided to this additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" caused in whole, or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. The limits of insurance applicable to the additional insured are those specified in the written contract, agreement, permit, or in the Declarations of this policy, whichever is less. These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations of the policy. 3. Coverage is not provided for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering, or failure to render, any professional services, including: 1. The preparation, approval, or failure to approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; or 2. Supervisory, inspection, or engineering services. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis, unless a written contract specifically requires that this insurance be primary. When this insurance is excess, we will have no duty, under Coverage A or B, to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. All other terms and conditions of the policy remain unchanged. VL 5040 07 08 Page 1 of 1 66 Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright,Insurance Services Office, Inc. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. WHO IS AN INSURED,under A COVERAGE,SECTION II,is amended to include as an “insured",any person or organization you are required to add as an additional insured on this policy under a written contract,agreement or permit or as evidenced on a certificate of insurance on file with the Company which must be: a. currently in effect or becoming effective during the term of the policy;and b.executed prior to the "bodily injury" or "property damage." The insurance provided to this additional insured is limited as follows: 1.That person or organization is an additional insured only with respect to liability arising out of your operations performed for that additional insured as specified in the written contract,agreement or permit. 2.The limits of insurance applicable to the additional insured are those in written contract, agreement, permit or in the Declarations for this policy,whichever are less.These limits of insurance are inclusive of and not in addition to the Limit of Insurance for Liability Coverage shown in the Declarations. 3.Coverage is not provided for "bodily injury" or "property damage" arising out of the sole negligence of the additional insured. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess,contingent or on any other basis unless a contract specifically requires that this insurance be primary. When this insurance is in excess,we will have no duty to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit."If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insurer's rights against all those other insurers. All other terms and conditions of this policy remain unchanged. CA5057 0611 CA5057 0611 TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM 67 68 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Another Peters Painting, 457 Violet Road, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include interior and exterior painting, site preparation, power washing or other similar consulting (other) services for the City of Bozeman. 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 69 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 70 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 71 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 72 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 73 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 74 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Daniel Peters, Owner, 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 75 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 76 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 77 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 78 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 79 EXHIBIT A 80 DANIEL PETERS (OWNER) 457 VIOLET ROAD BOZEMAN, MT 59718 O: (406) 586-6952 C: (406) 579-2758 anotherpeterspainting@gmail.com Pricing Proposal Scope of Work: Another Peters Painting provides interior and exterior painting services for residential, commercial, and light industrial projects. Services include but are not limited to site and surface preparation, pressure washing, masking and paint application. We can accommodate the application of most paint products to a wide range of substrates, including pre-finished shop applications. We can accommodate new construction as well as re-paints both large and small. Pricing Option 1 Due to the wide range of scopes and sizes of painting projects, and the variability of materials, equipment, and locations, projects will be priced on an individual basis. Project pricing will be submitted for approval with details of the project scope and paint materials to be used. Pricing will include the cost for all labor, equipment, and materials to complete the project. Pricing Option 2 With City approval, If time and materials is deemed more appropriate method of pricing a project, due to unknown factors or the varying scope of a project (ex. touch ups, cleaning, prep), the City will be billed at the below rate for labor and materials to complete the project or portion of the project agreed upon. Time/labor will be billed out at $85.00 per man hour and material will be billed out at cost plus 10%. Materials may be provided by the city at their discretion for no additional cost. Materials include paint, reducers, caulking, and masking materials. Equipment use such as ladders, paint application tools, and other painting equipment will be provided within the hourly rate. We cannot provide warranties on paint products that are not provided by us directly (ex. old paint). Owner's Signature __________________________ Date _____________4/4/2023 81 DANIEL PETERS, OWNER 457 VIOLET ROAD BOZEMAN, MT 59718 O: (406) 586-6952 C: (406) 579-2758 anotherpeterspainting@gmail.com 82 Firm Background Another Peters Painting was established in 1985 by Michael Peters in Bozeman, MT. In 2001, Dan Peters began working with his father, Michael while earning his Master’s Degree from Montana State University in Architecture. After nishing his degree, Dan decided to stay on with the company and become a Project Manager. In January of 2022, Dan Peters purchased the company and became the new owner of Another Peters Painting. Another Peters Painting has completed thousands of projects over the years, varying in size and scope; including small home interior repaints and large scale commercial remodels. Our rm has completed many projects for the City of Bozeman and is currently (January, 2023) working under Martel Construction on the remodel of the Bozeman City Library. In 2022, Another Peters Painting completed $1,00,000 across 175 projects with a team of 7 painters and one full time o ce employee. With regard to stability, our 30 of years in business speaks for itself; we plan to remain in business, inde nitely. We can provide a COI for insurance in any amount required by a City of Bozeman Contract and can be bonded as well. 83 Experience & Capacity Another Peters Painting has been well known for providing exceptional service and quality workmanship for over 30 years. Our company is proud to have earned all 5 star ratings on various platforms, including Google and Facebook, we are also proud to provide professional references on the following page. With regard to size and scope,Another Peters Painting has worked on large projects, such as the new Whole Foods on Hu ne Lane (completed in January 2023) and the complete renovation of the Lovelace Building in Downtown, Bozeman (completed in July of 2022). We also work on many smaller projects, from single o ce spaces to home interiors, all with the same model of e ciency, cost e ectiveness, and expertise. Our team expertly completes both interior and exterior projects on site, including paint and stain; and heights do not present a challenge; we own our own sca old and a commercial “bucket truck” which can safely transport our crew members up to 4 stories high.Another Peters Painting also goes beyond site work and owns a 3,500 sq. ft. commercial shop where we have the ability to paint, stain, and nish trim packages, doors, furniture, and any other mobile pieces provided to us by our clients. In addition to our wide range of services and capacity, we are also proud to employ a team with very little turnover. When combined, our team of 7 brings 73 years of experience to the job site. All of our employees are all exceptionally quali ed to work on a variety of projects, including employees with lift certi cations and OSHA certi cations. 84 Interior - New Construction Interior - Repaints 85 Exterior Painting Commercial Painting 86 Firm Workload Presently,Another Peters Painting is accepting work for the 2023 interior and exterior season. Our exceptionally efficient team of painters is capable of managing more work than most. However, if we cannot fit your project into the timeline you have specified, we will let you know immediately. Another Peters Painting has never missed a deadline and will only take on the amount of work that we can handle in an efficient and timely manner. In addition, our communication standards are very high. We will remain in constant contact with your Project Foreman, Project Manager and Superintendent on any projects we undertake. With regard to budget requirements,Another Peters Painting will provide hard bids. With the exception of request change orders, our bid numbers shall not change from the invoiced amount. 87 Claims There have been no claims filed with relation to Another Peters Painting. And, no work provided by any of its employees has ever been subject to a claim, including both warranty and court claims. 88 Recent Projects & References Year Complete: 2022 Email: psimon@bozeman.net Year Complete: 2020 Email: bozemanfacilities@bozeman.net Year Complete: 2023 Email: mattkirtley@esiconstruction.com Year Complete: 2021 Email: mcdonaghconstruction@gmail.com Year Complete: 2022 Email: mcdonaghconstruction@gmail.com Year Complete: 2022 Email: nsmith@northforkbuilders.com Year Complete: 2022 Email: rsngrn.cstm@gmail.com Year Complete: 2022 Email: dlkumlien@gmail.com Year Complete: 2022 Email: jamesgilbody@att.net Year Complete: 2022 CITY OF BOZEMAN - Water and Sewer Pump House Exterior Painting - Office Interior Painting Pat Simon - 406-582-3229 CITY OF BOZEMAN - Professional Building Interior Office Repaints- Halls, Stairwells, Offices Mike Gray - 406-579-5343 ESI - WHOLEFOODS - Bozeman, MT TI Interior New Construction Matt Kirtley - 208.871.0727 KNOBBY RIDGE BUILDERS - Pure West Reality Full Exterior Remodel and Repaint Matthew Szorobura - 406-579-2536 MCDONAGH CONSTRUCTION - Bian Residence Painting Full Interior New Construction Painting Luke McDonagh - 406-579-0687 NORTH FORK BUILDERS - Lovelace Building, Bozeman Interior/Exterior Remodel and Shop Finish Work Nick Smith - 406-551-4060 ROSENGREN CUSTOM HOMES - Hyalite Ranch, Custome Home Full Interior and Exterior New Construction and Shop Finish Work Michael Rosengren - 406-581-8274 COMMERCIAL BUILDING - Beaver Pond Plaza, Bozeman, MT Full Exterior Repaint Dave Kumlin - 406-570-0023 RESIDENTIAL REPAINT - 105 Dulohery Ln, Bozeman, MT Full Exterior Painting and Deck Staining James Gilbody - 406 599-5029 RESIDENTIAL REPAINT - 1281 Triple Tree, Bozeman, MT Full Interior Repaint - Walls, Trim, and Ceilings Firm 151 c/o Randy Stegmeier - 503-724-7850 COMMERCIAL BUILDING - Congregation Beth Shalom Full Interior Repaint - Walls, Trim/Doors, and Ceilings Carly Ramsey - 406-219-7841 Email: randy@firm151.com Year Complete: 2023 Email: carlycramsey@gmail.com 89 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, BMY Construction Group, Inc., 2829 Great Northern Loop, Suite B105, Missoula, MT 59808, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include construction, general contractor services, project administration or other similar consulting (other) services for the City of Bozeman. 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 90 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 91 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 92 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 93 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 94 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 95 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Miguel Uribe, 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 96 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 97 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 98 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 99 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 100 EXHIBIT A 101 Montana Contractor’s Registration # 261547 Page 1 of 2 DATE: March 30, 2023 PROJECT: CITY OF BOZEMAN TERM CONTRACT – Fee Schedule To: Max Ziegler, Facilities Project Coordinator Thank you for considering BMY for all your general contracting services. BMY Construction Group, Inc. is pleased to provide a scope (trade) and fee proposal for the City of Bozeman to provide construction services on future projects of various sizes and scopes. BMY can provide the following services in-house and manage all specialty trade contractors to meet owner (City of Bozeman) requirements and allow the owner to work with One contractor in-lieu of multiple contracts. General Contractor Demolition Concrete (Structural/Site) Insulation Carpentry Painting Sheetrock (Drywall) Acoustical Tile Ceiling Toilet Accessories Signage Miscellaneous Specialties Window Replacement Door Replacement Site Work Please see attached copy of W9 for your use. CALCULATION BREAKDOWN OF MARK-UP & FEES OVERHEAD & PROFIT 14.6% INSURANCE 1.4% TOTAL FEE 16.00% ADD PERFORMANCE AND PAYMENT BONDS IF REQUIRED 1.4% TRAVEL and per diem will be added per Montana Prevailing Wage Schedule 102 3/30/23 Page 2 of 2 FEE SCHEDULE (Based on % of Costs of Work*) Project Scale RATE VALUE 16.0% OVER $ 70,000 18.0% $50K - $70K 21.0% $30K - $50K 24.0% UNDER $30K *The term “Work” in reference to the costs of the work means the construction and services required by the contract documents or order of the requesting agency, and includes all labor, materials, equipment and services provided, or to be provided by the Contractor to fulfill the Contractor’s obligations including but not limited to subcontractors, suppliers, vehicles, fuel, equipment, electronic communication devices, Contractor’s supervision, management, and administration of the project, project general requirements and temporary facilities. MANAGEMENT RATES Operations Manager $ 79.67 Project Manager $ 79.06 Superintendent $ 79.06 Foreman $ 65.59 Project Engineer $ 58.86 CRAFT Cement Mason $ 38.52 Carpenter $ 52.19 Iron Worker $ 69.32 Operator $ 54.86 Laborer - General $ 46.84 Drywall Applicators $ 52.19 Includes wages and burden. (Mark up to be applied per FEE Schedule/Project scale) Sincerely, BMY Construction Group, Inc. Eric L. Bower President / CEO 103 BMY Construction Group, Inc. Eric L. Bower, President Ebower@bmyinc.com 406.550.2005 2829 Great Northern Loop Suite B105 Missoula, MT 59808 February 10th, 2023 RFQ PREPARED FOR Bozeman Facilities Project RFQBozeman Facilities Project RFQ 104 22 PAGE 2Facilities ProjectsFacilities Projects COVER LETTER February 10, 2023 Dear City of Bozeman, First and foremost, Team BMY would like to say “thank you”. Thank you for the opportunity to submit our qualifications to showcase the quality services that BMY has to offer you. As we review these RFQs, BMY is reminded of the incredible projects brought to completion in the beautiful state of Montana that have only added to the state’s rich history, and expanded our 18 years of experience and passions in construction. With our current projects being completed in Butte and Missoula, we are looking forward to a lifelong relationship in Bozeman. Our Montana Team consists of Ryan Blankenship, who moved from Fresno in 2021, yet remains a part of our family. With the support of Project Engineer, Shyanne Waldbillig, a Montana native, they operate our Montana Chapter with professionalism, industry knowledge, and most importantly, our Core Values guiding each and every step of the project. They are fully supported by the entire BMY Team. Our goal in expanding to Montana, is to spread knowledge of our industry, inspire the younger generations coming into construction, and to share the work ethic that each and every employee lives by, both professionally and personally. Working with BMY, you will be working with a team who is Humble, Loyal, Respectful, has Good Work Ethic, and Always Does the Right Thing. Although we may have two locations in the states, BMY Fresno and BMY Montana work in unison to bring your project to completion. With the historical O’Rourke Building under Ryan and Shyanne’s belt, we are seeing just the start of what will become a powerhouse duo in many future Montana construction projects. We thank you for your time and consideration. Sincerely, Eric L. Bower BMY Construction Group, Inc. President / CEO 105 3 PAGE 3Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana Table of Contents Cover Letter Table of Contents Experience Project Experiences Our Team BMY’s Background About BMY BMY’s Brief History BMY’s Annual Volume BMY’s Bonding Capacity BMY’s Processes BMY’s Workload Project Timeline Status of Current & Anticipated Work Claims References 2 3 4 8 11 12 12 106 44 PAGE 4Facilities ProjectsFacilities Projects EXPERIENCE PROJECT NAME: SIERRA PACIFIC HIGH SCHOOL SWIM CENTER LOCATION: HANFORD, CA OWNER: HANFORD JOINT UNION HIGH SCHOOL DISTRICT OWNER CONTACT: JUSTO PADRON, (559) 448-8051 PROJECT NAME: SIERRA PACIFIC HIGH SCHOOL SWIM CENTER LOCATION: HANFORD, CA OWNER: HANFORD JOINT UNION HIGH SCHOOL DISTRICT OWNER CONTACT: JUSTO PADRON, (559) 448-8051 107 5 PAGE 5Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana EXPERIENCE PROJECT NAME: O’ROURKE ANNEX RESTORATION LOCATION: BUTTE, MT OWNER: BLACK DIAMOND INVESTMENT GROUP OWNER CONTACT: RONNIE ESTES, (406) 579-(406) 579- 87788778 PROJECT NAME: G BUILDING TI LOCATION: FRESNO, CA OWNER: STATE CENTER COMMUNITY COLLEGE OWNER CONTACT: TERESA CAMPAGNA, (559) 244-6125 108 66 PAGE 6Facilities ProjectsFacilities Projects EXPERIENCE OUR TEAM HAS OUR TEAM HAS 50+ PROJECT EXPERIENCE50+ PROJECT EXPERIENCE • O’Rourke Building Restoration – Butte, MT • Crossbow – Butte, MT • Fresno Chaffee Zoo Zooplex Building – Fresno, CA • Sanger High School Agriculture Facilities – Sanger, CA • Roosevelt HS Cafeteria Modernization – Fresno, CA • Edison High School Gymnasium Addition – Fresno, CA • Madera Academic Village II, SCCCD – Madera, CA • Gustine Middle School Multipurpose – Gustine, CA • Gustine High School Gymnasium – Gustine, CA • Fresno Animal Control Center -Fresno, CA • AIMS Center at Fresno Pacific University – Fresno, CA • Betsuin Buddhist Family Center & Temple – Fresno, CA • Producers Dairy Foods – Fresno, CA • Ruiz Foods Office Expansion – Dinuba, CA • Sun-Maid Growers of CA – Kingsburg, CA • Cedar Veterinary Hospital – Fresno, CA • Donaghy House – Fresno, CA • Livingston Community Health – Livingston, CA • The Fawcett House by Frank Lloyd Wright Restoration – Los Banos, CA • The Point Restaurant – Fresno, CA • Que Pasa Mexican Café – Fresno, CA • Butterfish Restaurant – Fresno & Clovis, CA • La Plaza Bakery & Grille – Greenfield, CA • Los Banos Retail Shell – Los Banos, CA • AIMS Center at Fresno Pacific University – Fresno, CA • KSEE 24 TV Studio Offices Remodel – Fresno, CA • EOC/LCC Vocational Training Facility – Fresno, CA • Unitarian Universalist Church of Fresno – Fresno, CA • Abby Pet Hospital – Fresno, CA • Brickyard Warehouse – Madera, CA • Guardian Industries/Guardian Glass – Kingsburg, CA • Sierra Pacific High School Pool – Hanford, CA • McCabe Housing & Elementary Modernization – Mendota, CA • The Taylor Group Architects Office – Clovis, CA • Table Mountain Full Gospel Church – Friant, CA • Ruiz Foods Frigo Burrito Building – Dinuba, CA • Quinn Remodels – Fresno/Selma & Corcoran, CA • Bullard High School Aquatics Complex Renovation – Fresno, CA • United Health Centers – Selma / Kerman, CA • U.C. Merced Parcade Office – Merced, CA • Clinica Sierra Vista Medical Offices – Fresno / Bakersfield, CA PROJECT NAME: SIERRA PACIFIC HIGH SCHOOL SWIM CENTER LOCATION: HANFORD, CA OWNER: HANFORD JOINT UNION HIGH SCHOOL DISTRICT OWNER CONTACT: JUSTO PADRON, (559) 448-8051 109 7 PAGE 7Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana Our TeamOur Team EXPERIENCE Shyanne Wildbillig Project Engineer BENEFIT THE RIGHT TEAM EQUATES TO THE RIGHT RESULTS Ryan Blackenship Superintendent Gurdeep Jhutti Sr. Estimator Derek Land Sr. Project Manager Eric Bower President / CEO As owner of BMY Construction, Eric continues to stay active in the estimating process of every project. Managing countless jobs in his 27 year career, his experience and knowledge has helped establish BMY and its’ culture into the strong company it is today. Derek has an extensive resume of construction projects under his belt. Most notably, is the recent completion of a $27 million college facility. Eighteen years of Project Management experience has propelled Derek into becoming a valuable leader at BMY. A $15 million high school project, catapulted a promising construction career for Ryan in 2019. This experience prepared him for future school restoration projects in California, before moving to Montana. Since moving, he has completed the restoration of the O’Rourke Annex Building andsoon to be, Crossbow Main Street Project in Butte, Montana. In over twenty years. ten of those years at BMY, Gurdeep has estimated over forty projects ranging from $100 thousand to $30 million. His love of numbers and attention to detail, results in extremely accurate budgetary estimates in the pre- construction phase. Shyanne began her construction career as a project coordinator monitoring construction processes, work productivity and compliance. She played a vital role in supporting the O’Rourke Annex Restoration and Crossbow Main Street Projects in Butte, Montana. 110 88 PAGE 8Facilities ProjectsFacilities Projects BMY was founded over 18 years ago by three men out of necessity and the love for construction. Three men who had formed a relationship while working together at another construction company for years. Eric Bower, Steve Mitchell and Russell Yemoto took that relationship they had built amongst themselves and decided to start anew, and build. They built on their relationship and formed new ones with fellow industry professionals, with their employees, with their clients, and in their community. And while building those relationships a strong reputation formed and great projects emerged. BMY is a licensed general contractor with locations in Fresno, CA, and Missoula, MT, specializing in commercial, healthcare, professional office, industrial, civil, lease- leaseback and educational construction. With our own craft personnel, BMY is able to self-perform work like concrete/rebar, metal building erection, site utilities and finished carpentry. BMY’S BACKGROUND ABOUT BMY BRIEF HISTORY Eric Bower Steve Mitchell Russell Yemoto 111 9 PAGE 9Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana BMY’S BACKGROUND BMY’S ANNUAL VOLUME 2019 $35M $43M 20212020 $31M BMY Construction has a bonding capacity of up to $30,000,000 Million Single Job with a $50,000,000 Million Aggregate. Bonds are provided by Endurance Assurance Corporation, which is a part of Sompo International and is listed on the Federal Register Department of Treasury, Fiscal Service, as a company holding a Certificate of Authority as an acceptable surety in all 50 states. Sompo International carries an A.M. Best rating of A+ (Superior) XV. BMY Construction has a bonding capacity of up to $30,000,000 Million Single Job with a $50,000,000 Million Aggregate. Bonds are provided by Endurance Assurance Corporation, which is a part of Sompo International and is listed on the Federal Register Department of Treasury, Fiscal Service, as a company holding a Certificate of Authority as an acceptable surety in all 50 states. Sompo International carries an A.M. Best rating of A+ (Superior) XV. BONDING CAPACITY 112 1010 PAGE 10Facilities ProjectsFacilities Projects BMY’S BACKGROUND BMY PROCESSES Pre-ConstructionPre-Construction ConstructionConstruction CloseoutCloseout We understand the close out is very important for you. Your close out process will not only include inspections, commissioning, finals, and manuals, but we will work hand in hand with you to coordinate your move in process and get you transitioned as easily, quickly, and as efficiently as possible. We will ensure your staff is trained on the faculty’s equipment and its operation. We use a system called Buildr so that everything you need is digitally in one place! This is one of the most complete close out packages I have seen in a long time -Gerado Padron Darden Architects “ ” We are a team at BMY and we treat our projects with that approach. As contractors, subcontractors, suppliers, designers, and owners, we are all experts in our own field and when we coordinate and work together, the project not only meets the Owner’s expectations, but exceeds them. BMY will team up with the design team throughout the pre- construction, permitting, and construction process. We have established strong relationships with local subcontractors and will use them on this project. During the construction phase of the project you can expect • Weekly project update reports • Monthly budget updates • Monthly updated project schedule • Coordination meetings • Project meetings BMY uses Procore for our construction management needs. This program assists us with tracking progress, maintaining logs, pictures, reports, updating plans, schedules, submittals, RFIs, accounting and progress updates. This system is also available to our Owners so that you can have instant access to your project and its status. MOBILEAPP Edison High School Gym Addition 113 11 PAGE 11Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana MAXIMUM ATTENTION IN PRECONSTRUCTION TO MEET THE PROJECT TIMELINE PREQUALIFYING THE RIGHT SUBCONTRACTORS Only the most qualified subcontractors work on your project and minimizes default risk and delays. We know who the subs are! CREATING SUBCONTRACTOR COMPETITION Guarantees that you get the best pricing by obtaining a minimum of (3) three bids per scope of work. SCOPE CREEP CONTROL We work closely with owners to ensure that the budget is guarded and that unnecessary scope is not added. VALUE MANAGEMENT WORKSHOP Uses the collective experience of the team to obtain the maximum value for every owner. HEAVY ATTENTION TO SCHEDULE COORDINATION Delays are costly. We plan ahead. Sierra Pacific High School BMY’S WORKLOAD CURRENT / ANTICIPATED WORK CURRENT BACKLOG $32M $15M ANTICIPATED WORK 114 1212 PAGE 12Facilities ProjectsFacilities Projects CLAIMS Throughout the 18 years in business, BMY Construction is proud to have not paid any Liquidated Damages. BMY prides themselves on completing the project on time. Project Name: Project Name: Burris Park Greenhouse and AmphitheaterBurris Park Greenhouse and Amphitheater Company Name: Company Name: Burris Park Foundation Burris Park Foundation Location: Location: Kingsburg, CAKingsburg, CA Contacts Name: Contacts Name: Steve BoganSteve Bogan Contacts Telephone Number: Contacts Telephone Number: (559) 584-1441(559) 584-1441 Description: Description: Construction of a new amphitheater and a full greenhouse. The project consisted of Construction of a new amphitheater and a full greenhouse. The project consisted of pouring a new concrete pad with control joints spreading outward from the center.pouring a new concrete pad with control joints spreading outward from the center. Dates: Dates: 12/01/2020 - 2/10/202212/01/2020 - 2/10/2022 Project Name: Project Name: O’Rourke Apartment RestorationO’Rourke Apartment Restoration Company Name: Company Name: Black Diamond Investment GroupBlack Diamond Investment Group Location: Location: Butte, MTButte, MT Contacts Name: Contacts Name: Ronnie EstesRonnie Estes Contacts Telephone Number: Contacts Telephone Number: (406) 579-8778 (406) 579-8778 Description: Description: Restoration of a 1892 building and transformed into eight apartments. The project Restoration of a 1892 building and transformed into eight apartments. The project consisted of demolition of walls and stairs as well as a full brick veneer on the back side of the consisted of demolition of walls and stairs as well as a full brick veneer on the back side of the building.building. Dates: Dates: 10/19/2021 - 08/26/202210/19/2021 - 08/26/2022 REFERENCES 115 13 PAGE 13Facilities ProjectsFacilities Projects Bozeman, MontanaBozeman, Montana Project Name: Project Name: ZooplexZooplex Company Name: Company Name: Fresno Chaffee Zoo Fresno Chaffee Zoo Location: Location: Fresno, CAFresno, CA Contacts Name: Contacts Name: Jesse SantiagoJesse Santiago Contacts Telephone Number: Contacts Telephone Number: 559-498-5910559-498-5910 Contacts E-mail Address: Contacts E-mail Address: jsantiago@fresnochaffeezoo.orgjsantiago@fresnochaffeezoo.org Description: Description: Construction of New Two Story 18,000 S.F. Zooplex building including exam rooms, Construction of New Two Story 18,000 S.F. Zooplex building including exam rooms, cold storage boxes, and elevator. Exterior improvements include loading dock, site concrete, cold storage boxes, and elevator. Exterior improvements include loading dock, site concrete, ornamental iron guardrails and trellis, extensive landscaping, and other corresponding site ornamental iron guardrails and trellis, extensive landscaping, and other corresponding site improvements.improvements. Dates: Dates: 7/20/2020 - 10/17/20227/20/2020 - 10/17/2022 Project Name: Project Name: Ceasar Chavez Multipurpose Building with Site ImprovementsCeasar Chavez Multipurpose Building with Site Improvements Company Name: Company Name: Parlier Unified School District Parlier Unified School District Location: Location: Parlier, CAParlier, CA Contacts Name: Contacts Name: Renee RodriguezRenee Rodriguez Contacts Telephone Number: Contacts Telephone Number: (559) 646-6181(559) 646-6181 Contacts E-mail Address: Contacts E-mail Address: rrodriguez@parlierunified.orgrrodriguez@parlierunified.org Description: Description: Construction of a new multipurpose facility. The facility included a full kitchen with Construction of a new multipurpose facility. The facility included a full kitchen with walk in fridge as well as a presenation stage with lights and speakers.walk in fridge as well as a presenation stage with lights and speakers. Dates: Dates: 5/11/2020 - 5/11/20215/11/2020 - 5/11/2021 Project Name: Project Name: Sierra Pacific High School Administration, Library Building and Pool ComplexSierra Pacific High School Administration, Library Building and Pool Complex Company Name: Company Name: Hanford Joint Union High School District Hanford Joint Union High School District Location: Location: Hanford, CAHanford, CA Contacts Name: Contacts Name: Renee CreechRenee Creech Contacts Telephone Number: Contacts Telephone Number: (559) 583-5901(559) 583-5901 Description: Description: Construction of a 17,700 square foot administration building with a library section. The Construction of a 17,700 square foot administration building with a library section. The project also consisted of a swimming pool complex with bleachers and some site work.project also consisted of a swimming pool complex with bleachers and some site work. Dates: Dates: 12/17/18 - 4/30/22012/17/18 - 4/30/220 REFERENCES 116 Why BMY Construction Group? • You get the “A” team • Highly relevant construction experience • No surprise communication plan • Heavy emphasis on minimizing change orders • Maximum attention in pre-construction • A tailored logistics plan 5485 E Olive Ave Fresno, CA 93727 559.243.4200 Edison High School Gym Addition 117 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Campbell’s Plumbing & Heating, 195 High K Street, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include Plumbing and HVAC Services or other similar (other) services for the City of Bozeman. 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 118 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 119 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 120 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 121 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 122 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 123 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Phil Martin, 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 124 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 125 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 126 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 127 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 128 EXHIBIT A 129 1 Max Ziegler From:Phil Martin <phil@campbellsplumbing.com> Sent:Wednesday, April 5, 2023 11:45 AM To:Max Ziegler Cc:Matt Woody; David Loessberg Subject:Re: Fwd: City of Bozeman Term Contract Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Max, sorry I just included the hourly amounts not material. But below is the updated material and simplified format. Thanks! Hourly: Hourly Rate: $150hr (Includes overhead/profit 20%) Material: 20% Margin Equipment rental fees: TBD based on need Scope of services: Plumbing: new construction installation, remodel, repairs, water heaters, faucets, leaks, hydronic service, natural gas and propane piping, sewer and water lines HVAC: heating, air conditioning, clean/checks, repairs, duct installation, hydronic service, duct cleaning On Wed, Apr 5, 2023 at 11:18 AM Max Ziegler <wziegler@bozeman.net> wrote: Thanks Phil, Can we clarify the markup line a little bit? I am reading this as a 20% markup on materials as well as a $25/hr markup on labor. If that is correct can we word that more clearly? I will be submitting this scope of work tomorrow to go on the 4/18/23 commission meeting for signing. Thanks, Max 130 2 From: Phil Martin <phil@campbellsplumbing.com> Sent: Monday, April 3, 2023 3:03 PM To: Max Ziegler <wziegler@BOZEMAN.NET> Cc: Matt Woody <matt@campbellsplumbing.com>; David Loessberg <dloessberg@campbellsplumbing.com> Subject: Re: Fwd: City of Bozeman Term Contract CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Max, Here is our information. Thank you! If there is anything additional I can assist with please let me know. Thanks Max for the partnership, Phil ---------- Forwarded message --------- From: Max Ziegler <wziegler@bozeman.net> Date: Mon, Apr 3, 2023 at 10:27 AM Subject: RE: City of Bozeman Term Contract To: cs@campbellsplumbing.com <cs@campbellsplumbing.com> Good morning, I am reaching out to follow up on our request for rate proposals so we can finalize the term contract with Campbell’s Plumbing. Please let me know when you will be able to get me the documents requested in my previous email as I am working to compile proposals and finalize contracts at this time. Thank you, Max From: Max Ziegler Sent: Tuesday, March 14, 2023 10:36 AM 131 3 To: 'cs@campbellsplumbing.com' <cs@campbellsplumbing.com> Subject: City of Bozeman Term Contract Good Morning, Thank you for responding to our Facilities Contractors RFQ! We have reviewed all the submissions and have found Cambell’s Plumbing and Heating to be qualified to provide as needed plumbing and HVAC services, and the City would like to enter a term contract with your firm at pre-negotiated rates. This will allow us to immediately award projects under $80,000 to Cambell’s without going through a formal bid solicitation. Please note that this contract does not guarantee the award of projects, but facilitates the process for both parties. If you could, please submit to me a signed proposal which includes: Scope of Services: list the services you are willing to provide Fee structure: provide a full break down of hourly rates, markups, fees, etc. that may be charged under this contract W9: provide a copy of your W9 so that the finance dept can process any payments Once I receive your proposal I will attach it to our standard Professional Services Agreement and submit it for approval. Once approved the contract will be for 3 years, with the option to extend to 5. Fee structure can be updated any time with a simple amendment to reflect changing market conditions. Please reach out if you have any questions. Thank you, Max MAX ZIEGLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406.582.2439 | C: 406-595-8470 | E: wziegler@bozeman.net City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 132 4 -- Campbells' Plumbing & Heating 406-388-6554 195 High K Street Belgrade, MT 59714 campbellsplumbing.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 133 134 135 136 137 138 139 140 141 142 143 144 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Core Control, 116 E Geyser St., Livingston, MT 59047, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include HVAC Service, Control Systems Service, Plumbing, Retrocomissioning or other similar (other) services for the City of Bozeman. 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 145 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 146 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 147 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 148 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 149 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 150 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Derek Stringer, Service 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 151 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 152 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 153 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 154 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 155 EXHIBIT A 156 Labor Rates: ApprenƟce YR 1: $65.00 ApprenƟce YR 2: $97.50 HVAC Mechanic: $130.00 Plumbing: $130.00 Boiler Technician: $135.00 Control Technician: $135.00 Emergency Services: AŌer-Hours Weekdays: 1.5X normal rate Saturday Rates: 1.5X normal rate Sunday Rates: 2.0X normal rate Holiday Rates: 2.0X normal rate $100 charge applied to all emergency calls 157 Control I HVAC I Energy I Plumbing I Design I Installation I Parts and Service REQUEST FOR QUALIFICATIONS (RFQ) CONTRACTORS – ALL TRADES – FACILITIES PROJECTS CITY OF BOZEMAN Firm Information: Core Control, as installation professionals and service provider for heating and ventilation, plumbing and controls, rejects the industry standard of hiring installation technicians on a project basis. We only pursue a volume of work that our full-time, regular team can produce. Our team is UA41 Journeyman and regular full time Core employees. Any and all technicians who might touch the project are at least second year apprentices undergoing not only the UA41 course but a rigorous internal cross training program. Owners regularly note the attention to detail in our installation work. Our quality control at installation is already pointed toward programming and end user system optimization because of the level of skill and experience of our technicians. Core Control is uniquely qualified to provide service and installation for the City of Bozeman because of our extensive service history in the existing facilities. Core Control has been a preferred service provider for the City of Bozeman and every technician who will be assigned on the job has abundant history with the facilities including City Hall, the Library, Senior Center, Swim Center, Bogert Park; from servicing the heating, cooling, and control system, to headlamp scavenging in a crawlspace looking for leaks. Voice 406.582.9428 406.595.7337 Toll Free 888.582.9428 Fax 406.556.0165 On the web: corecontrolmt.com 116 E. Geyser St. Livingston, MT 59047 158 Control I HVAC I Energy I Plumbing I Design I Installation I Parts and Service Firm Background: Core Control has been a service provider in the Bozeman area since 2003. We have grown steadily every year for the past 20 years, expanding our services and completing bigger and more complex projects. Core’s General Manager (a former field technician) oversees a full time, Project Administrator, a Service Manager, two dispatchers, two lead technicians, and a team of Field Technicians. The Project Administrator tends to the administrative demands of projects of this size and scope while the General Manager ensures decisions are aligned with the technical demands of the project. Core’s greatest strength is the technical talent of the field team. As a firm, we work hard to hire, train, and retain the best technicians. Due to the breadth of services we offer in our commercial service department, almost all technicians are cross-trained in multiple disciplines, making them superb team players on jobs where inter- trade collaboration is the key to a successful job. Core Control is uniquely qualified to provide service and installation for the City of Bozeman because of our extensive service history in the existing facilities. Core Control has been a preferred service provider for the City of Bozeman and every technician who will be assigned on the job has abundant history with the facility; from servicing the heating, cooling, and control system, to headlamp scavenging in a crawlspace looking for leaks. Firm Workload At Core, scheduling is paramount to effective project management. One person’s accelerated schedule is another person’s normal schedule. Core Control meets schedule obligations by carefully curating the projects we take on and monitoring our workload pipeline. We do this to maintain our competitive edge in the world of commercial service, where responsiveness to urgent needs is paramount. Claims Core controls has not been assessed any paid liquidated damages in our history since 2003 References. Manhattan School District Remodel & Expansion Facilities: Tom Bracha, Manhattan Schools 406-640-0822 tbracha@mhstigers.org Engineer: Kip Weeda, ACE 406-388-3320 kipw@acemt.com 159 Control I HVAC I Energy I Plumbing I Design I Installation I Parts and Service Parkhaven Retirement Community Owner/GC: John Murray, Parkhaven 406-581-9620 Engineer: Ray Dawes, Dawes Engineering 406-441-4000, rdawes@dawesengineer.com Phillips County Hospital, Boiler Plant Installation CEO: Joe Tharp 406-654-5004 Engineer: Core Internal design jtharp@pchospital365.us Sheilds Valley Schools, Boiler Plant Installation Superintendant: Jon Croston 406-220-5402 Engineer: Core internal design jcroston@shieldsvalleyschools.org American Bank, Bozeman, Big Sky, Boiler plant and ventilation remodel Facilities: Eric Locricchio 406-302-1776 elocricchio@americanbankmontana.com Please visit us online at corecontrolmt.com or on facebook Very Sincerely, Derek Stringer | Service Manager m 406.595.7337 | o 406.582.9428 ext. Core Control, Inc. | www.corecontrolmt.com 116 E Geyser St | Livingston MT 59047 Bozeman | Butte | Helena | Livingston 160 COMPANY PRESENTATION: INTELLIGENT MECHANICAL SOLUTIONS Bozeman • Butte • Helena (406) 582-9428 www.corecontrolmt.com CONTROLS HVAC HYDRONICS 161 2Introduction PROUDLY SERVING MONTANA At Core Control, we focus on your building so you can focus on your business. We serve commercial clients for heating, ventilation, air conditioning, controls, boilers, hydronics, commissioning and retro-commissioning, start up, and other related plumbing and electrical tasks. We are Master Control Technicians, Engineers, Pilots, Parents, Architects, Instructors, Master Plumbers, Veterans, Philosophers, Journeymen, and Apprentices. Core’s 150 years of combined licensed and industry experience delivers lasting, cost-saving, solutions. The only way to do great work is to love what you do. “Core can integrate it all. We had been down for months. Within hours onsite, Core had the problem diagnosed and got things back online – from a digitally controlled biomass boiler system to vintage pneumatic building controls. The pricing is very fair, they’re professional, and they do their homework.” Bajin Smith Facility Manager, Mineral Community Hospital 162 “Core can integrate it all. We had been down for months. Within hours onsite, Core had the problem diagnosed and got things back online – from a digitally controlled biomass boiler system to vintage pneumatic building controls. The pricing is very fair, they’re professional, and they do their homework.” Bajin Smith Facility Manager, Mineral Community Hospital 3Proven Process THE CORE DIFFERENCE: INTELLIGENT MECHANICAL SOLUTIONS After all the energy audits, engineering reviews, and analysis, someone has to use tools and fix things. That’s Core Control: technical excellence at the drafting table, in the boardroom, and, most importantly, in the mechanical room. We turn plan and spec upside down, saving time, money, and hassle with an owner-direct proven process: •Actively, forunderstanding; •to all stakeholdersat all levels •especially to in-housetechnicians. •Multi-disciplinarysolutions; •energy savingsand rebates; •ways to engagethe in-house team •Fix things; •right; •the first time. •1-year warranty; •owner satisfactionand empowerment; •maintenancefor maximumequipment life LISTEN PURPOSE WORK GUARANTEE CASE STUDY : OPEN SOURCE AT SUMMIT LODGE Summit Lodge in Big Sky is ten stories with a large, complex hydronic central plant and extensive auxiliary equipment of numerous brands and generations. Built on Tridium Niagara AX open source protocol, MaxLine Drivers (over 500 available) have allowed us to control Trane brand field controllers with COMM4 drivers. Failed controllers are replaced with BacNet devices. Additionally, we’ve repaired and replaced numerous coils, valves, and actuators. The net result? Comprehensive graphic control, energy and time savings, and real choice of equipment and service companies for the owner. It’s not about who has the password – Core Control adds skill and value. LEARN MORE ABOUT OUR PROJECTS AT: CORECONTROLMT.COM/PROJECTS 163 4Lasting, Cost-Saving Solutions OUR SERVICES We service the entire range of building management systems, from simple to sophisticated. We have over 100 years of combined experience with the rapid technical evolution of controls: steam, water, pneumatic, electronic, digital, and more. Our team can handle whatever we find in your mechanical room. controls We are committed to open-source platforms, and regularly repair and improve supposedly proprietary systems. install & startup Certified commissioning and careful, professional installation of your system. retrocommissioning Investigate and optimize building performance across systems, fixing things as we go. maintenance & repair We can repair and upgrade most everysystem and all types, makes, and models. If your gear isn’t listed here, just ask. 164 5An Interdisciplinary Approach energy We value resource stewardship and engage emerging technologies like VRF. on call emergency 24-hour service for customers with preventive maintenance agreements. hvac Small rooftop AC units, surgery humidification, and radioactive incinerators. hydronics Master plumbers and pipefitters for hot and cold loops, boilers, chillers, pumps, tanks, burners, controls and domestic water. OUR WORK We focus on service so you can focus on your business, not your building. We meet the complex service needs of commercial clients across southwestern Montana for heating, ventilation, air conditioning, controls, boilers, commissioning and retro-commissioning, start up, and other related plumbing and electrical tasks. 165 6Montana Boiler School PROPER EDUCATION IS THE KEY TO SAFE OPERATION Core values mentorship, so we operate a State of Montana approved low pressure and 3rd class boiler operator training school. Destination classes available upon request. Corporations that trust our training for their in-house operators include: Weyerhauser, Golden Sunlight Mine, Bozeman Public Schools, Bozeman Deaconess, GSK, Darigold, and many more. “Core is very knowledgeable about the systems we have and helpful when we have issues. Core is also here to make sure I know how to use the product or service so I can make the minor repairs and adjustments without a service call.” Carl Schmidt Quality Control Supervisor, Bioscience Laboratories COURSE DATES February 2018 3rd, 10th, 17th, 24th June 2018 3rd, 10th, 17th, 24th September 2018 22nd and 29th October 2018 6th and 13th Classes are held at our training center in Bozeman Montana. There is an 8 student minimum attendance. All registrations MUST come through our online registration page. Please visit: montanaboilerschool.com If you need assistance with that please call our office at 406-556-0166. 166 7Special Recognition EQUIPMENT WE WORK ON Bryan Buderus Captive Aire Carrier Cleaver Brooks CRC Daikin Danfoss Delta Florida Heat Pump Gaylord Green Box Grundfos Honeywell Hurst Hydrotherm Johnson Controls KN Series Laars Lennox LG Liebert Lochinvar McDonnell-Miller McQuay Mestek Nailor RBI Renau Aire Reznor Riello Schneider Seresco Staefa Stulz Taco Titan Trane Tridium AX Valen Weil-McLain York Don’t see your gear? Just ask! JOHNSON CONTROLS AUTHORIZED SYSTEMS INTEGRATOR Our founder and Master Control Technician, Paul, has been working on Johnson Control equipment, and many other brands, since the 1980’s. The entire professional team at Core cross-trains on controls, hydronics, and mechanical technology through a rigorous, union sponsored training program. ENDORSEMENTS •Montana Hospital Association Ventures Endorsed Provider •Johnson Controls Facility Explorer Authorized Systems Integrator •Tridium Niagara N4 Certification •Montana State Department of Labor & Industry MSEC Employer of Choice Extensive customer references by sector are available upon request. “Core is very knowledgeable about the systems we have and helpful when we have issues. Core is also here to make sure I know how to use the product or service so I can make the minor repairs and adjustments without a service call.” Carl Schmidt Quality Control Supervisor,Bioscience Laboratories ABB Absolut Aire Andover Arctic Chill Armstrong BAC Barber Coleman Bell & Gosset Bosch 167 8Our Partners & Perks FLYING TECHNICIANS Is your facility a long way from everything? How available is the technical expertise you need? Long distances are a big cost of doing business in the Big Sky. Core Control employs an HVAC/Boiler Mechanic who is also a pilot. Ask if we can fly capable technicians and equipment to you for much less than the cost of driving, and in a fraction of the response time. THE POWER OF SYNERGY Core Control recognizes the importance of partnership rooted in a culture of continuous improvement. Building a customer-centered workforce for the future requires adaptability, cooperation and vision. We don’t do it all; we do it well, and we expect the same from our partners. We coordinate with these independent businesses to deliver excellent results. Bozeman • Butte • Helena (406) 582-9428 www.corecontrolmt.com 168 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Petals Gardening and Consulting, LLC, PO Box 845, Bozeman, MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include gardening, landscaping, and landscaping consulting services, or other similar (other) services for the City of Bozeman. 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 169 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 170 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 171 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 172 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 173 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 174 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Sarah Urban, 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 175 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 176 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 177 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 178 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 179 EXHIBIT A 180 181 City of Bozeman Request for Qualifications (RFQ) February 2023 Petals Gardening and Consulting, LLC Sarah Urban - Owner PO Box 845, Bozeman, MT 59771 (mailing) 110 Progressive Dr., Belgrade, MT 59714 (physical) 406-451-9225 Petalsmt@gmail.com Petalsmt.com 182 City of Bozeman Request for Qualifications (RFQ) ii. Firm Information a. Experience Current Residential Projects: Duke-Friend Residence 410 N. Church Ave. (2016 – present) for Nicole Friend (415-517-5107) and Gar Duke. Every two-week maintenance of large organic perennial, fruit and vegetable gardens, with an emphasis on drought tolerance. Geddes Residence 55 Hitching Post Rd. (2016 – present) for Julie Geddes (406-539-3938). Every two-week maintenance of large perennial gardens and redesign for deer resistance. Copeland Residence 2593 Magenta Rd. (2016 – present) for Bruce and Christie Copeland (301- 742-3810). Every two-week maintenance of large specimen gardens including trees, shrubs, perennials, annuals, fruits and vegetable plants. Wentz Residence 64 Crescent Point (2018 – present) for Anne Wentz (970-390-8505). Every two-week maintenance for drought, deer, rabbit tolerant perennial gardens. Current City of Bozeman Projects: North 7th Medians between W. Villard St. and W. Aspen St., (2016 – present) maintained every two-weeks for the Streets Division through subcontracted work by Scott Urban (406-581-6597) of Sprout Inc. South 8th Medians between W. Dickerson St. and W. Alderson St., (2016 – present) maintained every two-weeks for the Streets Division through subcontracted work by Scott Urban (406-581- 6597) of Sprout Inc. West College Medians between S. 20th Ave. and S. 29th Ave., (2017 – present) maintained every two-weeks for the Streets Division through subcontracted work by Scott Urban (406-581-6597) of Sprout Inc. City Hall Garden, 121 N. Rouse Ave., (2018 – present) maintained once a month for Mike Gray (406-582-3232) the Facilities Superintendent. North 27th Medians, (2022 – present) maintained every two-weeks for the Streets Division through subcontracted work by Scott Urban (406-581-6597) of Sprout Inc. Gran Cielo Park, Cielo Way, (2022 – present) maintained every two-weeks for Thom White (406- 582-3224) the Parks Superintendent. Sacajawea Park, (2022 – present) maintained once a month for Thom White (406-582-3224) the Parks Superintendent. Personnel: We have at least one Lead Gardener on each project. These Leads are typically horticulture students at MSU or recent graduates. Knowledge of local plants and common pests are requirements for hiring in this position. 183 b. Firm Background Petals Gardening is a Garden Maintenance business started in 2016. We strive to provide efficient garden maintenance services of high quality to residential and commercial properties in the Bozeman area. The majority of our work involves weeding, deadheading, shrub pruning (though not hedge trimming), replanting, perennial division, pest monitoring, and basic drip irrigation maintenance. We are located north of Bozeman between Springhill Road and the Airport, a fifteen-minute drive to town. 110 Progressive Dr., Belgrade, MT As a service-based business, our finances are relatively straight forward. We have a line of credit that we use for payroll at the beginning of the season. This buffers the high payroll output against the slower input of invoice payments. We are also licensed and insured. The current market for Garden Maintenance Services is in high demand in the current market and has been in high demand for the seven years the business has existed. In my experience, there are limited skilled workers to supply the gardening service demands within the valley. We hire experienced, hard-working, solution-driven employees that can handle the high physical and mental demands of the job. Therefore, I am confident that our stability in the current market is solid and predictable. c. Firm Workload We operate from late April through early November as the weather allows. On average, we have two crews of two people throughout the growing season. We currently maintain about 50 properties per month. We are busiest in May and June because the weather can be limiting, yet the growth rate and subsequent demands are high. Our schedule opens up with more flexibility and availability in July through September. October is busy with garden cut-down projects while limited by weather once again. Most of our residential clients are on a two-week or monthly schedule on a pre-determined day of the week. This allows us scheduling flexibility for clients that do not need a strict schedule, such as city properties. Because we are a labor-based business, we can prioritize work within a project to meet budgetary demands as needed. Though the majority of our work involves weeding and deadheading, we have the tools to do shrub pruning (but not hedge trimming), perennial and ornamental grass cut down for winter, and pest identification. We manage our own compost pile for debris removal. d. Claims At no time in the last ten years has Petals Gardening and Consulting, LLC been assessed and paid liquidated damages after completion of a project under a contract with a public owner. e. References Gar Duke, Nicole Friend o garduke@proton.me, friend.nic@gmail.com o 415-517-5107 Nicole o 410 N. Church Ave., Bozeman MT 184 Julie Geddes o juliebgeddes@gmail.com o 406-539-3938 o 55 Hitching Post Rd., Bozeman, MT Bruce Copeland o Bccopeland1@mtopticom.net o 301-742-3810 o 2593 Magenta Rd., Bozeman, MT Anne Wentz o acwentz5@gmail.com o 970-390-8505 o 64 Crescent Point, Bozeman, MT Tony Woodward o tonebob55@gmail.com o 719-330-7037 o 525 Hyalite View Dr., Bozeman, MT Karen Alexander o qtipkiki@gmail.com o 406-581-7165 o 1457 Ryun Sun Way, Bozeman, MT Stewart Mitchell o stewartmitchell7@icloud.com o 406-580-9619 o 216 E. Koch St., Bozeman, MT Scott Urban o sproutinclandscaping@gmail.com o 406-581-6597 Thom White o twhite@bozeman.net o 406-582-3224 Mike Gray o mgray@bozeman.net o 406-582-3232 185 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Western Skies Landscapes, LLC, 2605 Blackwood Rd, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include mowing, landscaping, snow and ice removal, irrigation, or other similar (other) services for the City of Bozeman. 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 186 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 187 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 188 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 189 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 190 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 191 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Mac Conners, 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 192 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 193 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 194 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 195 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 196 EXHIBIT A 197 :) Western Skies Landscapes PO Box 3502 Bozeman, MT 59772 +1 4065815096 office@westernskieslandsc apes.com Estimate 2055 ADDRESS Gary D. Roberts Bozeman Code Compliance P.O. Box 1230 Bozeman, MT 59771 DATE 03/30/2023 TOTAL $1,880.00 DATE ACTIVITY QTY RATE AMOUNT Details Hourly Rate for City Work 1 0.00 0.00 General Labor - charged by labor hour - $85 / hour 1 85.00 85.00 Skilled Labor - charged by labor hour - Skilled labor /person in machine / person doing any skilled job -$110 / Hour 1 110.00 110.00 Mowing - mowing, trimming, blowing - General Mowing = lawn under 5" long - $105 / hour 1 105.00 105.00 Mowing - mowing, trimming, blowing - Field mowing / brush hog mowing - Mowing over 5" long - $150 / hour 1 150.00 150.00 Skid Steer Mobilization & Fuel - daily rate per unit - Skid Steer machine rate per day - $400 1 400.00 400.00 Mini Excavator Mobilization & Fuel - daily rate per unit - Mini Excavator - $550 1 550.00 550.00 Irrigation Labor - charged by labor hour - Irrigation labor - $110 1 110.00 110.00 General Materials Materials:General Materials - Cost plus %100 1 0.00 0.00 Haul Away up to 12 cubic yards - priced by number of haul away's - Haul away and disposal of trimmings - $350 up to 12 yards 1 350.00 350.00 198 :) DATE ACTIVITY QTY RATE AMOUNT Fill Dirt Landscaping Fill Materials - Rock, mulch, dirt - $100 / Yard 1 20.00 20.00 TOTAL $1,880.00 We look forward to working with you! THANK YOU. Accepted By Accepted Date 199 Response to Request for Qualifications (RFQ) for Landscaping Contractors February 6, 2023 City Clerk, City of Bozeman PO Box 1230, Bozeman, MT 59771-1230 agenda@bozeman.net To whom it may concern, The purpose of the letter and attached Appendices is to outline the qualifications of Western Skies Landscapes to assist the City of Bozeman with City projects. This request has a deadline of February 10, 2023 at 2:00 PM MDT.Attached Appendices include a Request for Qualifications (RFQ) Response and Nondiscrimination and Equal Pay Affirmation Agreement. Please reach out to the contact information below with any questions: Western Skies Landscapes PO Box 3502, Bozeman, MT 59772-3502 (406) 581-0590 - General (406) 581-5096,office@westernskieslandscapes.com - Office (406) 304-9660,mac@westernskieslandscapes.com - Mac Conners, Sales Manager (406) 581-4821,mike@westernskieslandscapes.com -Mike Keller, Owner/Operator (406) 581-5639,chad@westernskieslandscapes.com -Chad Mackery, Owner/Operator Sincerely, Mike Keller Owner/Operator Western Skies Landscapes, LLC 200 Appendix A: REQUEST FOR QUALIFICATIONS (RFQ) RESPONSE Experience Western Skies Landscapes has the experience, staffing, and scheduling capabilities to assist the City of Bozeman with landscaping and irrigation installation, remodel, and maintenance projects. Throughout the summer and winter we operate around ten crews and twenty-five crew members. All of our managers have a minimum of ten years of experience each in the industry. Project sizes range from crews being on site for minutes to months and change orders are common in the industry. Please refer to five references from past projects below: Sidewalk Ice Removal Multiple Properties in Bozeman, MT Mark Carpenter, Bozeman, Code Compliance, (406) 582-2037, MCarpenter@bozeman.net Variety of Landscape, Irrigation, and Snow Services Multiple Properties in Bozeman, MT Haylee Bruce, Legacy Property Management, (406) 577-1470, office@bozemanlegacy.com Seasonal Landscape, Irrigation, and Snow Services Home Depot and Loaf N’ Jug locations in Bozeman, MT Tony Franz, Shields Facilities Management, (610) 716-4245,afranz@shieldsfm.com Retaining Wall Removal and Installation Bozeman, MT Steve Badarello, (510) 710-2015,gcross2@att.net Seasonal Landscape, Irrigation, and Snow Services Multiple Properties in Bozeman, MT Deborah McAtee, (406) 600-3476,deborahmcatee@gmail.com Background Western Skies Landscapes has a shop and office located at 2605 Blackwood Road. We were founded in 2015 and have averaged doubling in staff, clientele, and revenue each year since to around 30 year round employees, 500 clients, and a multi-million dollar business. We are confident in our financial capabilities and stability in the Bozeman landscaping market. Our strengths include quality customer service, quality management, timeliness of services, and experience in the Bozeman landscaping market. We have never been assessed and paid liquidated damages after completion of a project under a contract with a public owner. A scope of our services outlined below: -Mowing, dethatching, and weeding -Property cleanups and debris removal -Snow and ice removal -Landscape, irrigation, hardscape, and fence maintenance, remodels and installation 201 Firm Workload Western Skies Landscapes plans on staffing around 10 crews and 30 employees this summer. Multiple managers and crews are available on short notice to take care of urgent problems as they arise. Additionally, we leave Friday open on our calendar each week to take care of new projects in a timely manner or to catch up on projects that take longer than anticipated. It is essential to communicate before projects about expectations, time constraints, prices, budgets, and change order costs. 202 Appendix B: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION AGREEMENT Western Skies Landscapes, LLC hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, Western Skies Landscapes, LLC hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Michael P Keller Mike Keller Owner/Operator Western Skies Landscapes, LLC 203 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Buffalo Restoration, 555 Manley Rd, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include Water Mitigation, Mold Remediation, Fire and Smoke Remediation, Specialty Cleaning and Specialty Restoration services or other similar (other) services for the City of Bozeman. 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 204 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 205 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 206 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 207 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 208 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 209 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Calvin Wescom, Business Development Representative, 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 210 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 211 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 212 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 213 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 214 EXHIBIT A 215 Buffalo Restoration Services: Water Mitigation: For water mitigation services Buffalo Restoration can dry Flooring damage caused by water, Appliance Leak Cleanup, Frozen Pipe Repair, Burst Pipe Repair, Basement Flooding Cleanup, Plumbing Overflow Cleanup, Toilet Overflow Cleanup, and Structural Restoration. Mold Remediation: BR offers Mold Inspection and Testing, our process includes containment, removal, and then prevention afterwards. If your home has experienced moisture intrusion, water damage, musty odors, apparent mold growth, or conditions conducive of mold growth, Buffalo Restoration offers air sample testing to collect data about mold spores present in the interior of your home. Fire and Smoke Remediation: BR Offers Smoke and Soot Restoration, and Duct System Smoke Removal. Our process includes Assessment, Content Cleaning, and Affected Areas. We'll conduct an on-site walk-through with an estimator to identify important belongings and affected areas. Content cleaning includes taking a digital image inventory of all affected belongings. Once completed, we carefully pack and transport all contents to the Buffalo Restoration facility. Then we clean all items in our ultra-sonic cleaning center to remove soot and residue, provide odor deodorization for soft goods, clean electronics, and launder any clothing. When your home repair has been completed, we provide complete "pack-back" services. Affected areas include 24/7/365 board up services, temporary power, heat, lights, and security. We will clean and deodorize any damaged areas and provide corrosion control. Specialty Cleaning: Specialty cleaning services include carpet, area rug, upholstery, tile and grout, hard surface cleaning, air duct/HVAC system cleaning, disinfecting services, and coronavirus services. Specialty Restoration: BR also provides: Drier Vent cleaning, cigarette smoke deodorization, insulation extraction, forensic and biohazard restoration, crawl space encapsulation, and bed bug removal. 216 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 Client:T&M WATER-WAU Macro-DO NOT DELETE Operator:BRETT.KO Estimator:Brett Koppel Business:(406) 586-8109 E-mail:brett. koppel@buffalorestoration. com Business:555 Manley Rd Bozeman, MT 59715 Type of Estimate:Water Damage Date Entered:7/25/2022 Date Assigned: Price List:MTBO8X_JUL22 Labor Efficiency:Restoration/Service/Remodel Estimate:T&M_DEPT4_MACRO_BRI The following estimate is a preliminary scope of mitigation services, as observed during our initial inspection. The project will be billed upon completion, based upon the itemized rates in the Time & Materials section of the estimate and actual Time & Materials required to mitigate the loss per industry standards. 217 2 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_DEPT4_MACRO_BRI 3/2/2023 Page: 2 T&M_DEPT4_MACRO_BRI Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.63 =0.00 2. Travel Time HR @ 75.00 =0.00 3. Water Extraction & Remediation Technician - per hour HR @ 156.00 =0.00 4. Water Extraction & Remediation Technician - after hours HR @ 233.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 184.00 =0.00 6. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 233.00 =0.00 7. Water Extraction & Remediation Foreman - per hour HR @ 172.00 =0.00 8. Water Extraction & Remediation Foreman - after hours HR @ 258.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 200.00 =0.00 10. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 300.00 =0.00 11. Water Extraction & Remediation Supervisor - per hour HR @ 185.00 =0.00 12. Water Extraction & Remediation Supervisor- after hours HR @ 277.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 212.00 =0.00 14. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 317.00 =0.00 15. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 166.00 =0.00 hour 16. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 248.00 =0.00 hours 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 186.00 =0.00 hour 18. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 248.00 =0.00 hours 19. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 221.00 =0.00 per hour 20. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 284.00 =0.00 after hours 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 221.00 =0.00 per hour 22. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 284.00 =0.00 after hours 218 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 Client:T&M ENVIRO-CLAIMS Macro-DO NOT DELETE Operator:BRETT.KO Estimator:Brett Koppel Business:(406) 586-8109 E-mail:brett. koppel@buffalorestoration. com Business:555 Manley Rd Bozeman, MT 59715 Type of Estimate:Environmental Date Entered:7/25/2022 Date Assigned: Price List:MTBO8X_JUL22 Labor Efficiency:Restoration/Service/Remodel Estimate:T&M_ENV_CLAIMS_MACRO The following estimate is a preliminary scope of mitigation services, as observed during our initial inspection. The project will be billed upon completion, based upon the itemized rates in the Time & Materials section of the estimate and actual Time & Materials required to mitigate the loss per industry standards. 219 2 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_ENV_CLAIMS_MACRO 3/2/2023 Page: 2 T&M_ENV_CLAIMS_MACRO Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.63 =0.00 2. Travel Time HR @ 75.00 =0.00 3. Water Extraction & Remediation Technician - per hour HR @ 107.00 =0.00 4. Water Extraction & Remediation Technician - after hours HR @ 160.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 127.00 =0.00 6. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 160.00 =0.00 7. Water Extraction & Remediation Foreman - per hour HR @ 118.00 =0.00 8. Water Extraction & Remediation Foreman - after hours HR @ 177.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 137.00 =0.00 10. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 177.00 =0.00 11. Water Extraction & Remediation Supervisor - per hour HR @ 127.00 =0.00 12. Water Extraction & Remediation Supervisor- after hours HR @ 190.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 145.00 =0.00 14. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 218.00 =0.00 15. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 114.00 =0.00 hour 16. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 170.00 =0.00 hours 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 128.00 =0.00 hour 18. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 170.00 =0.00 hours 19. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 152.00 =0.00 per hour 20. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 195.00 =0.00 after hours 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 152.00 =0.00 per hour 22. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 195.00 =0.00 after hours 220 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 Client:T&M ENVIRO-WAU Macro-DO NOT DELETE Operator:BRETT.KO Estimator:Brett Koppel Business:(406) 586-8109 E-mail:brett. koppel@buffalorestoration. com Business:555 Manley Rd Bozeman, MT 59715 Type of Estimate:Environmental Date Entered:7/25/2022 Date Assigned: Price List:MTBO8X_JUL22 Labor Efficiency:Restoration/Service/Remodel Estimate:T&M_ENV_WAU_MACRO_BR The following estimate is a preliminary scope of mitigation services, as observed during our initial inspection. The project will be billed upon completion, based upon the itemized rates in the Time & Materials section of the estimate and actual Time & Materials required to mitigate the loss per industry standards. 221 2 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_ENV_WAU_MACRO_BR 3/2/2023 Page: 2 T&M_ENV_WAU_MACRO_BR Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.63 =0.00 2. Travel Time HR @ 75.00 =0.00 3. Water Extraction & Remediation Technician - per hour HR @ 117.00 =0.00 4. Water Extraction & Remediation Technician - after hours HR @ 175.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 138.00 =0.00 6. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 207.00 =0.00 7. Water Extraction & Remediation Foreman - per hour HR @ 129.00 =0.00 8. Water Extraction & Remediation Foreman - after hours HR @ 194.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 150.00 =0.00 10. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 194.00 =0.00 11. Water Extraction & Remediation Supervisor - per hour HR @ 139.00 =0.00 12. Water Extraction & Remediation Supervisor- after hours HR @ 208.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 159.00 =0.00 14. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 208.00 =0.00 15. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 124.00 =0.00 hour 16. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 186.00 =0.00 hours 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 140.00 =0.00 hour 18. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 210.00 =0.00 hours 19. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 166.00 =0.00 per hour 20. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 213.00 =0.00 after hours 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 166.00 =0.00 per hour 22. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 213.00 =0.00 after hours 222 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 Client:T&M CLEANING Macro-DO NOT DELETE Operator:BRETT.KO Estimator:Brett Koppel Business:(406) 586-8109 E-mail:brett. koppel@buffalorestoration. com Business:555 Manley Rd Bozeman, MT 59715 Type of Estimate:Cleaning Services Date Entered:7/25/2022 Date Assigned: Price List:MTBO8X_JUL22 Labor Efficiency:Restoration/Service/Remodel Estimate:T&M_DEPT5_MACRO_BRI The following estimate is a preliminary scope of mitigation services, as observed during our initial inspection. The project will be billed upon completion, based upon the itemized rates in the Time & Materials section of the estimate and actual Time & Materials required to mitigate the loss per industry standards. 223 2 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_DEPT5_MACRO_BRI 3/2/2023 Page: 2 T&M_DEPT5_MACRO_BRI Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.63 =0.00 2. Travel Time HR @ 75.00 =0.00 3. Cleaning Technician - per hour HR @ 104.00 =0.00 4. Cleaning Technician - per hour - after Hours HR @ 156.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 123.00 =0.00 6. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 156.00 =0.00 7. Cleaning Foreman - per hour HR @ 115.00 =0.00 8. Cleaning Foreman - per hour - after hours HR @ 172.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 133.00 =0.00 10. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 172.00 =0.00 11. Cleaning - Supervisory/Administrative - per hour HR @ 123.00 =0.00 12. Cleaning - Supervisory/Administrative - per hour - After Hours HR @ 185.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 141.00 =0.00 14. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 185.00 =0.00 15. Cleaning Technician - (Local Temp.) - per hour HR @ 111.00 =0.00 16. Cleaning Technician - (Local Temp.) - per hour - after hours HR @ 166.00 =0.00 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 124.00 =0.00 hour 18. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 166.00 =0.00 hours 19. Cleaning Technician -(Out of State Temp.) - per hour HR @ 148.00 =0.00 20. Cleaning Technician - Technician (Out of State Temp.) - per hour -HR @ 189.00 =0.00 after hours 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 148.00 =0.00 per hour 22. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 189.00 =0.00 after hours 224 CARPET CLEANING PRICE SHEET + AREA RUG + UPHOLSTRY COST PSFT AVERAGE COST Pre - Vaccuming $60.00 Fabric Protector $0.15 Livingroom 14x16 ; 224 sqft $0.34 76.00$ Dining Room 12x12; 144 sqft $0.34 49.00$ Kitchen 11x12; 132 sqft $0.34 45.00$ Family Room 16x16; 256 sqft $0.34 87.00$ Master Bedroom 14x14; 196 sqft $0.34 66.00$ Bedroom 11x12; 132 sqft $0.34 45.00$ Bathroom 5x6; 30 sqft $0.34 10.00$ Hall 3.5x14; 49 sqft $0.34 17.00$ 15 Stairs; average rung $2.00 32.00$ Scotchgard application can be applied at the customers request $0.15 Avg. Sofa 2 seater (charges by linear foot) $7.00 $150-250 Avg. Sofa 4-6 seater (charges by linear foot) $7.00 $200-300 Recliner $0.00 75.00$ Mattress Pad Sm-LG $0.00 $75-125 *Area Rugs will switch to Wednesday's. 2 Week turn around/payment at time of pick up* Level 1 Area Rugs (Silk, Needle Point, Embroderey, Chain Stich, Navajo Tribal, Art Silk) $4 sqft Level 2 Area rugs ( Persian, Oriential, Flatwear, non Najvajo)$2 sqft Level 3 Area Rugs ( Everyday type, Nylon, Poly, basic materials, box store rugs)$1.50 sqft Level 4 Area Rugs (Hydes or Skins, Fluffy or Greek Flokati)$4 sqft Level 5 Area Rugs (Standard Carpet Rems)$1 sqft *Carpet cleaning Min for 450 sqft will be $150.00* All carpet cleanings are to be set at 2 hour appts. 225 Need an estimate? Have questions? We’re here to help! Call us at 406-586-8109 or visit www.buffalorestoration.com Buffalo Restoration is a locally owned family business that specializes in fire and water damage restoration, mold remediation, carpet cleaning, and duct cleaning. Duct cleanings are recommended every 6-8 years. The average home collects 40 pounds of dust a year and a large portion of that gets trapped in your duct system. It’s beneficial for new home owners to get their ducts cleaned before they move in. It’s also beneficial to get heaters serviced at the same time as a duct system. Cleaning your ducts will make your system more efficient and will improve the quality of air inside your home or business. • $400 Minimum charge • $55 for each additional vent both hot air and cold intake after the first 10 • Example: Home has 13 registers. First 10=$400; Add 3 more, 3x$55=$165 additional. • $150 DV $200 w/ Roof Access • $250 – Commercial DV • Travel $75/Tech/Hour 226 Request For Qualifications (RFQ) Contractors-All Trades-Facilities Projects City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 Submittal Deadline: Friday, February 10, 2023 @ 2:00PM MDT Prepared By: Calvin Wescom, Business Development Representative Buffalo Restoration, Inc. 555 Manley Rd. Bozeman, MT 59715 calvin.wescom@buffalorestoration.com 227 Table of Contents Experience • Super-8 Motel – Belgrade ........................................................................................ 1 • Montana State University – Field House ................................................................. 2 • City of Bozeman ...................................................................................................... 3 • Montana State University – Marga Hosaeus Fitness Center ................................... 4 • Federal Building ...................................................................................................... 5 Firm Background: • Ownership & Foundation ......................................................................................... 6 • Service Area ............................................................................................................. 6 • Services ................................................................................................................... 6 • Industry Involvement ............................................................................................... 6 • Employment & Retention Numbers ........................................................................ 6 • Revenue & Ratings ................................................................................................... 6 Firm Workload • Hours of Operation – Emergency Response ............................................................ 7 • Timeline Expectations .............................................................................................. 7 • Table Graphic – Avg. by Dept. w/negotiation .......................................................... 7 • Flexibility .................................................................................................................. 7 Claims • Examples & Explanations ......................................................................................... 8 References • Contact Information o Steve Leach ................................................................................................. 8 o Paula Marquardt ......................................................................................... 8 o Erica Olenick ................................................................................................ 8 o Kane Urdahl ................................................................................................ 8 o Gwen Lottman ............................................................................................ 8 228 Experience Project: Super-8 Motel Location: Belgrade, MT Dates: 08/08/2022 to 10/28/2022 Initial Emergency Response Team: 1.Logan Hoge: ICRC: WRT, AMRT, ASD, TCST Certified. RIA: Building Science Certified 2.Gabriel Lemieux: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 3.Shaun Neece: IICRC: WRT & AMRT Certified 4.Adam Davis: IICRC: WRT Certified Assigned Personnel & Qualifications: 1.Supervisor: a.Derek Musick: IICRC: WRT, AMRT, ASD Certified, OSHA-10 2.Foreman: a.Gabriel Lemieux: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 3.Technicians: a.Primus Ramirez: IICRC: WRT Certified b.George McAdams: IICRC: WRT, AMRT, ASD, FSRT, OCT Certified, OSHA-10 c.Greg Marconi: IICRC: WRT & AMRT Certified d.Taylor Bear-Medicine: IICRC: WRT Certified e.Matt Daniels: IICRC: WRT, AMRT Certified, OSHA-10 f.Randal Halvorson – Textile Expert g.Colten Hasse: IICRC: WRT & AMRT Certified h.David Speer: IICRC: WRT Certified **Certifying Agency (As referenced above) - IICRC: Institute of Inspection Cleaning and Restoration Certification **Certifying Agency (As referenced above) - RIA: Restoration Industry Association Overview: In August of 2022 we received an emergency response phone call from the manager of the Super-8 Motel in Belgrade, MT to help with a sewer back up, that had affected 14 of their rooms. Sewage of course is a serious matter and is categorized as category 3 “black water” meaning it is grossly contaminated and can contain pathogenic, toxigenic, or other harmful agents and can cause significant adverse reaction to humans if contacted or consumed. This job was large in scope with all carpet, padding, baseboard, and dry wall being removed from the affected rooms. Of course this was completed as is everything we do, to industry standards. The time constraint on this was tight, as the motel did have to be shut down, in order to minimize disruption to the business we assigned a large crew to be able to finish this job and get the operation back up and running, and restored to it’s pre-loss condition. The general manager and point of contact for this project was Anita Johnson, who can be reached at 406-548-8261. 229 Project: Montana State University – Field House Location: Bozeman, MT Dates: 12/22/2022 to 01/02/2023 Initial Emergency Response Team & Certifications: 1.Logan Hoge: IICRC: WRT, AMRT, ASD, TCST Certified. RIA: Building Science Certified 2.Derek Musick: IICRC: WRT, AMRT, ASD Certified, OSHA-10 3.Gabriel Lemiuex: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 4.Jason Loeb: IICRC: WRT, AMRT, FSRT Certified 5.Greg Marconi: IICRC: WRT, AMRT Certified 6.Colten Hasse: IICRC: WRT, AMRT Certified 7.Shaun Neece: IICRC: WRT, AMRT Certified 8.Primus Ramirez: IICRC: WRT certified 9.Seven Babbitt: (In-progress) IICRC WRT 10.Nathan Ringness: Duct /HVAC dept. assisting with response -Certs N/A 11.Steven Holmes: (In-Progress) IICRC WRT 12.George McAdams: IICRC: WRT, AMRT, ASD, FSRT, OCT Certified, OSHA-10 Assigned Personnel & Qualifications: 1.Supervisor: a.Derek Musick: IICRC: WRT, AMRT, ASD Certified, OSHA-10 2.Foreman: a.Gabriel Lemiuex: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 3.Technicians: a.Taylor BearMedicine: IICRC: WRT Certified b.Steven Holmes: (In-Progress) IICRC WRT **Certifying Agency (As referenced above) - IICRC: Institute of Inspection Cleaning and Restoration Certification **Certifying Agency (As referenced above) - RIA: Restoration Industry Association Overview: In December of 2022 we responded to a daytime emergency response at The Montana State University Field House in which a fire suppression system flooded thirty individual offices on upper and lower level floors. Montana State University has a large facilities and maintenance crew, who were responsible for pulling all carpet on site, and were able to relieve pressure in areas with water build up. Buffalo Restoration worked side-by-side with the facilities team at MSU and were able to coordinate around their staff to contain the loss, set up fans and dehumidifiers and were able to start the drying process. As some will remember December of 2022 saw record low temperatures, and the size and complexity of the loss were a strain on our resources due to the size, complexity and our extremely high call volume during this time – But as a company we were able to organize an initial emergency response crew in little time and have people on site within the hour. In addition to the drying process, Buffalo Restoration was also able to handle the contents of the offices, and keep the field house open and functioning for the athletic events MSU was scheduled to host during this process. 230 Project: City of Bozeman (20 E. Olive St) Location: Bozeman, MT Dates: 02/16/2022 to 02/28/2022 Initial Emergency Response Team: 1.Mike Jones: IICRC: WRT, ASD, AMRT, OSHA-10 2.Chad Cole: IICRC: WRT Certified 3.Gabriel Lemieux: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 4.Daniel Jordan: IICRC: WRT Certified 5.Ryan Bate: IICRC WRT Certified Assigned Personnel & Qualifications: 1.Supervisor: a.Derek Musick: IICRC: WRT, AMRT, ASD Certified, OSHA-10 2.Foreman: a.Gabriel Lemieux: IICRC: WRT, AMRT, ASD, FSRT & OCT Certified 3.Technicians: a.Ryan Batie: IICRC: WRT Certified b.Greg Marconi: IICRC: WRT, AMRT Certified c.Mike Jones: IICRC: WRT, ASD, AMRT, OSHA-10 **Certifying Agency (As referenced above) - IICRC: Institute of Inspection Cleaning and Restoration Certification **Certifying Agency (As referenced above) - RIA: Restoration Industry Association Overview: We received a call from The City of Bozeman – Facilities, at roughly 2:30pm on February 16, 2022 to respond to a floor drain that had backed up into the offices located on the main floor of the building and had affected the lower level as well; and we were able to have a foreman on site by 3:15pm. The loss in total affected 12 rooms, the loss was categorized as a category 3 “Black Water” sewage loss (grossly contaminated and can contain pathogenic, toxigenic, or other harmful agents and can cause significant adverse reaction to humans if contacted or consumed). Our foremen and technicians performed deconstruction to the affected rooms, removing all contaminated materials. As part of our service, whenever deconstruction happens on the jobsite, Buffalo restoration performs cleanup to ensure a clean and safe workspace, that also promotes drying and moisture removal. All Buffalo Restoration equipment was removed by 02/23/2022. Following industry standards Buffalo Restoration was able to restore the building to its pre-loss condition and remove all the moisture content in the wall, floors, and ceilings. After the drying process was completed, the City of Bozeman contracted Buffalo Restoration to handle the reconstruction services as well. Our contact at the time of the project with the City was Mike Grey – number listed is 406-579-4343. 231 Project: Montana State University – Marga Hosaeus Fitness Center Location: Bozeman, Montana Dates: 06/2022 to 08/2022 Initial Emergency Response Team: a. No Initial Emergency – Complex Loss – Working alongside Martel Construction Assigned Personnel & Qualifications: 1.Special Oversight and Coordination: a.Nick Anderson: CR – highest certification achievable in the industry (Certified Restorer 1 of 7 in MT) (1 of 3 employed by Buffalo) – OSHA-10 i.IICRC: WRT, AMRT, FSRT, CDS, CPT Certified ii.RIA: Certified Restorer, Building Science, CMP Certified iii.NADCA: ASCS certified b.Christopher Yanker: i.IICRC: WRT, AMRT, FSRT, OCT, AST ii.Mold Remediation Supervisor Certified 2.Supervisor: a.Derek Musick: IICRC: WRT, AMRT, ASD Certified, OSHA-10 3.Foreman: a.Brice Grotbo: IICRC: WRT Certified 4.Technicians: a.Jason Loeb: IICRC: WRT, AMRT, FSRT Certified **Certifying Agency (As referenced above) - IICRC: Institute of Inspection Cleaning and Restoration Certification **Certifying Agency (As referenced above) - RIA: Restoration Industry Association Overview: One of the most complex jobs in Buffalo Restoration’s more recent history was that of the Montana State University – Marga Hosaeus Fitness Center roof collapse during March of 2019. Buffalo Restoration was contracted by Martel Construction. Martel contacted Buffalo for a consultation walk- through and inspection of the building post-collapse. Buffalo was not contracted through Martel until 2- months after the collapse; while conducting our on-site inspection, visible mold was forming and there was still moisture affecting the building. Buffalo set up containment on the mold growth, and then proceeded to set forth a drying plan to meet the challenges and complexity of the scope of the loss to include fans, dehumidifies, and temporary heat allocations for the affected rooms. The process from start to finish on a job of this scale was much longer than what is typical – and mainly because of set backs in working with other contractors on site, that would move or turn off Buffalo Restoration equipment to set up workstations, ultimately extending our drying period. Also, on projects with this type of extensive damage, monitoring drying progress, creating logs and monitoring/moving equipment can take upwards of an entire day to meet industry standards. In the end Buffalo Restoration was able to perform our work to industry standards, and create a positive experience for the University, our point of contact on the job was John Kalmon at 406-600-4057. 232 Project: Federal Building Location: Bozeman, MT Dates: 12/30/2016 to 1/11/2017 Initial Emergency Response Team: 1. Assigned Personnel & Qualificaitons: 1.Supervisor: a.Nick Anderson: CR – highest certification achievable in the industry (Certified Restorer 1 of 7 in MT) (1 of 3 employed by Buffalo) – OSHA-10 i.IICRC: WRT, AMRT, FSRT, CDS, CPT Certified ii.RIA: Certified Restorer, Building Science, CMP Certified iii.NADCA: ASCS certified 2.Foreman: a.Logan Hoge: ICRC: WRT, AMRT, ASD, TCST Certified. RIA: Building Science Certified 3.Technicians: a.Randal Halvorson: Textile Expert **Certifying Agency (As referenced above) - IICRC: Institute of Inspection Cleaning and Restoration Certification **Certifying Agency (As referenced above) - RIA: Restoration Industry Association Overview: In our 30+ year history, Buffalo Restoration has been trusted to restore and care for some of Bozeman’s most iconic buildings. One of the icons we have had the privilege to restore was the Federal Building on Babcock St. in downtown Bozeman in December of 2016. The loss started as a roof leak that slowly worked down affecting all floors below. This job not only had a large scope but had the added complexity of working with an industrial hygienist due to the contents of the water that had leaked through – category 3 “black water” due to animal waste and the origination spot of the leak. Our team was able to put an approved plan together with the hygienist, and we were able to apply heavy biocide to the affected areas and carpet, prior to setting our fans and dehumidifiers. This ensured that any bacteria or germs that had penetrated the affected floors, would be safe for human occupancy. We were able to restore the building back to it’s pre-loss condition. Our point of contact for the project was John Marino at 303-296-5420. 233 Firm Background Ownership: Ben & Gail Yanker General Manager: Christopher Yanker Company Officers: Christopher Yanker, Melissa Lake, Philip Blodgett Management Team: Christopher Yanker, Melissa Lake, Nick Anderson, Philip Blodgett, Cody Clausen, Glen Monighetti & Brett Koppel. Formerly known as Buffalo Painting, established in 1976, Buffalo Restoration was officially incorporated in December of 1991 after noticing a significant lack of resources for commercial & residential restoration services. Ben and Gail Yanker started operations in their garage, slowly adding employees through the 90’s, before eventually moving into their first commercial shop at 107 Bridger center dr. for 17 years, then breaking ground and moving into their current facility at 555 Manley Rd. across from WealthVest Financial and Glen Rotary Park in 2012. What started as two employees in 1991 has blossomed into 47 full-time employees as of February 2023. For over 30 years Buffalo Restoration has been Southwest Montana’s premier restoration contractor serving Gallatin, Park, Madison, Jefferson, Meagher, Broadwater, Beaverhead, Sweet Grass and Carbon counties. We provide full-service damage restoration services including: water damage, fire damage; smoke and soot removal; mold remediation; residential & commercial cleaning, Air Duct/HVAC system cleaning; and reconstruction services. Buffalo is one of only 3% of restoration companies nationwide to offer full- service restoration. We aim to provide disaster restoration services focused on solutions that are highly valued by homeowners and businesses throughout Montana so that we can live up to our mission statement of “We Make It Feel Like Home Again”. Since our inception in 1991 Buffalo Restoration has been one of the nation’s leading restoration companies in determining industry standards. Our owner Ben Yanker served on the Board of Directors for the Restoration Industry Association (RIA) and has helped develop and write many of the standards followed by other restoration companies across the world today. It is also evident in the type of training and development that we use today; With over 75% of our staff holding industry certifications (all at zero cost to our employees), and 3 of them holding the title of Certified Restorer (CR), which is the penultimate achievement in comprehensive restoration, project management, and consulting mastery; with Ben Yanker being the very first CR in the state of Montana. It is because of our highly educated and certified staff that we are able to compassionately handle the needs of our customers and find the best solution to help restore their home or business to a pre-loss condition. In our 30-years of servicing Southwest Montana communities, we have seen substantial growth in size and revenue – posting company records in 2022 for an 84% retention rate in employees and revenue of 8.6M (a record of over 1.5M). We have also posted a record for the year 2023, only one month in, having our highest ever producing month of over $900,000 (average of $750,000 per month historically). Our stability and excellence can be reflected in our customer reviews and our A+ BBB rating. But our team of compassionate, certified, and highly experienced individuals are how we can assure you that your damaged property is in the best hands possible, from initial loss to insurance claims assistance – our team is here to get you back into your home or business as soon as possible with minimal disruption. 234 Firm Workload: Buffalo Restoration has been and always will be a 24/7 disaster response firm. We understand that disaster can strike at any time, and to help our community in tough times, we offer 24-hour service with response times typically between 30mins to 1 hour depending on loss location. Typically, Buffalo Restoration takes in between 40-50 leads per week (roughly 180-200 monthly). Our team here responds to jobs as small as $500 in scope of work to upwards of over $1,000,000 in scope. We handle everything from small, concentrated areas to complete mitigation/remediation and reconstruction of multi-floor commercial and residential properties. But in relation to the terms set out in this RFQ for jobs having a scope of work under $79,999 – Buffalo has responded and produced over 3,700 jobs since January of 2021 that fit this requirement. Buffalo Restoration cannot make statements or guarantees in regard to project timelines, as it is entirely dependent upon the type of Loss (fire damage, water loss, mold remediation, etc..) and the scope of work needed to restore the property to pre-loss conditions based on industry standards. All we can speak to is our average time in progress per department within scope requirements of this RFQ (<$79,999). Please know that the averages in the table below does take include the time spent in negotiation with insurance adjusters/property owners – it is not solely time spent in production. Not included in the table above are our Duct/HVAC cleaning services or Carpet/Rug cleaning services, as typically we are able to bid and produce these jobs as fast as same day or within a few weeks – dependent upon the scope of work and complexities, size of facility, business restrictions such as accessibility or a business’s hour of operations limitations (business may require after hours requirement to limit disruption to business operations). These services are also able to be scheduled for annual servicing as well. Loss Type Job Size (Scope) Average Time-in Progress (Date Received to Completion) Reconstruction <$2,500 75 days $2,500 to $5,000 110 days $5,000 to $15,000 110 days $15,000 to $80,000 140 days Mold Remediation <$2,500 15 days $2,500 to $5,000 25 days $5,000 to $15,000 25 days $15,000 to $80,000 40 days Water Damage <$2,500 12 days $2,500 to $5,000 14 days $5,000 to $15,000 20 days $15,000 to $80,000 30 days Cleaning/Contents <$2,500 25 days $2,500 to $5,000 35 days $5,000 to $15,000 37 days $15,000 to $80,000 50 days 235 Our firm is more than capable of meeting and producing time and budget requirements when expectations are communicated clearly before work is set to begin. Our staff is highly educated and experienced, and adept at handling/adjusting to meeting demands (Livingston Floods of 2022 – Bridger Canyon Fire of 2020), we are currently operating at optimal staff levels to handle incoming projects, but we can flex and grow our staffing significantly to handle large disasters. Claims: Buffalo Restoration is happy to report that as of the date of this report our firm has not had any claims paid for liquidated damages after completion of a project under contract with a public owner. References: •Name: Steve Leach o Business: Stafford Animal Shelter o Contact Information: Steve Leach Phone: 406-223-6777 Email: sleach@staffordanimalshelter.org o Date of Project: 6/16/2022 o Size of Scope: Livingston Flood ’22. Job consisted of Demo and cleanout. Damages totaled $176,654.71 •Name: Paula Marquardt o Business: Peak Property Management o Contact Information: Paula Marquardt Phone: 406-579-9938 Email: paula@rentbozeman.com o Date of Project: 1/3/2022 o Size of Scope: Two Faucet pipes broke and flooded (residential) four rooms and one hallway. Damage estimates totaled $8,500. •Name: Erica Olenick o Business: Residence Inn o Contact Information: Erika Olenick Phone: 406-586-7200 Email: eolenick@innventures.com o Date of Project: 6/22/2022 o Size of Scope: Toilet overflowed in one of the rooms, resulting in sewage covering the bathroom. Damages totaled $1,691.44. •Name: Kane Urdahl o Business: MSU Facility Services o Contact Information: Kane Urdahl Phone: 406-580-9399 Email: mitchellurdahl@montana.edu o Date of Project: 12/22/2022 o Size of Scope: Fire Suppression system failed, 30 plus rooms. Damages totaled $14,864.98. •Name: Gwen Lottman o Business: The Flooring Place o Contact Information: Gwenn Lottman Phone: 406-587-7472 Email: gwen@theflooringplace.net o Date of Project: 6/9/2022 o Size of Scope: Fire Suppression failed, resulting in 2/3 of business being flooded. Damages totaled $20,046.97 236 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, ClearView Solutions West, Inc., 17 Kelly Ct, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include Glass Coating Services including window film, decorative coatings, safety and security films, or other similar (other) services for the City of Bozeman. 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 237 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 238 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 239 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 240 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 241 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 242 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Cheri Wubs, 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 243 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 244 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 245 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 246 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 247 EXHIBIT A 248 Contract Proposal/Confirmation Date: 414/2023 SOLUTIONS I E r Client: Job Location: City of Bozeman Salesperson: Installation Date: Installation Time: Terms: Cell Office Home Cheri Wubs 1/3 deposit balance on completion Quantity Location Scope of Services: ClearView provides both the product and installations of glass coatings. This includes Commercial Window films, Decorative films including printed and plotter cut, Safety I Security Films, and Bird Strike Prevention Films. Pricing: Window Film is priced on a sq ft basis. This pricing includes site visits, quoting, travel, all products, installation, equipment, supplies, production and shop time, insurance, overhead, etc. Additional charges may be added for rental equipment, such as lifts, exterior applications, and projects out of the area. These additional charges will be itemized. Price per sq foot will vary, determined by product selection and type of installation. Projects will range $10.00 -$25.00 per sq foot, and will be priced individually. All glass cleanfrtg, materials, labor. freight . taxes. equipment. and installation included In th~ proposal. We will be pleased to honor this proposal for 30 days. Clea:rview Solutions Incorporated strives to achieve the hjghest standard of quality in the industry. CertaIn existing conditions may effect the outcome of the installation -condition of glass and window frames, Caulk or paint may need (0 be removed to straighten the edges. Please consult your sales representative for clarification. Acceptance / Agreement By: Date: 4/3/2023 Date: Please return signed copy via e-mail for acceptance and material selection. Clearview Solutions West, Inc. 17 Kelly Ct. Bozeman, MT 59718 406-580-9655 decorativefilms www.clearviewwest.com cheri@clearviewwest.com ··.EL 249 ClearView Solutions West 17 Kelly Court Bozeman, MT 59718 406.580.9655 info@clearviewwest.com www.clearviewwest.com ClearView Solutions West Inc. has worked with the City of Bozeman since 2017 on an assortment of projects. We greatly appreciate the business and value the relationships established. We thank you for the opportunity to continue this relationship on a more formal basis. We have enjoyed our past projects with City of Bozeman and look forward to future projects. ClearView works with an assortment of glass coatings “Window Films” for an assortment of purposes. We have several suppliers and do some of our own production to best meet our clients’ needs. Window films can be installed on either side of exterior glass, or on interior glass such as glass door or conference room. Our Services Include: Residential Window Film- Interior window film options that provide heat control, glare control, and prevent fading of household furnishing from ultraviolet rays. Commercial Window Film- Window film options that provide energy load management, privacy, glare control, aesthetics, and security. Decorative Window Film- Provide enhanced privacy and aesthetics with interior films that can be digitally cut for customizable logos and designs. Life Safety, Security, and Crime Deterrent Film- Mitigates hazards from shattered glass due to natural or human causes. Increases security and provides protection against “smash and grab” burglaries. Provides protection to people and property from flying glass in the event of a natural disaster. Bird Strike Prevention- ClearView Bird Safety Films for existing and new commercial buildings. 250 Contract Proposal/Confirmation Date: 414/2023 SOLUTIONS I E r Client: Job Location: City of Bozeman Salesperson: Installation Date: Installation Time: Terms: Cell Office Home Cheri Wubs 1/3 deposit balance on completion Quantity Location Scope of Services: ClearView provides both the product and installations of glass coatings. This includes Commercial Window films, Decorative films including printed and plotter cut, Safety I Security Films, and Bird Strike Prevention Films. Pricing: Window Film is priced on a sq ft basis. This pricing includes site visits, quoting, travel, all products, installation, equipment, supplies, production and shop time, insurance, overhead, etc. Additional charges may be added for rental equipment, such as lifts, exterior applications, and projects out of the area. These additional charges will be itemized. Price per sq foot will vary, determined by product selection and type of installation. Projects will range $10.00 -$25.00 per sq foot, and will be priced individually. All glass cleanfrtg, materials, labor. freight . taxes. equipment. and installation included In th~ proposal. We will be pleased to honor this proposal for 30 days. Clea:rview Solutions Incorporated strives to achieve the hjghest standard of quality in the industry. CertaIn existing conditions may effect the outcome of the installation -condition of glass and window frames, Caulk or paint may need (0 be removed to straighten the edges. Please consult your sales representative for clarification. Acceptance / Agreement By: Date: 4/3/2023 Date: Please return signed copy via e-mail for acceptance and material selection. Clearview Solutions West, Inc. 17 Kelly Ct. Bozeman, MT 59718 406-580-9655 decorativefilms www.clearviewwest.com cheri@clearviewwest.com ··.EL 251 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Signs of Montana, Inc., 400 E Bryant St, 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 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include Signage Services, Sign Installation and Repair, Graphic Design, Vehicle Graphics, or other similar (other) services for the City of Bozeman. 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 252 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 253 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 254 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 255 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 256 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 257 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Mary Lou McCallum, 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 258 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 259 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 260 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 261 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 262 EXHIBIT A 263 264 265 266 267 268 269 270 271 272 273 274 275 276 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, Premier Systems, 318 Pronghorn Trail, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of July, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring general contractor services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Directors and Superintendents. The technical services provided include HVAC Installation and Service, Blower Door Testing, Duct Cleaning, or other similar (other) services for the City of Bozeman. 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 277 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 11 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, 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 278 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 11 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. 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, 279 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 11 expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 280 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 11 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 281 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 11 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. 282 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Michelle Slaughter, New Construction Project Coordinator, 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 283 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 11 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). 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 284 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 11 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 285 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 286 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 11 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 287 EXHIBIT A 288 289 290 291 292 293 294 295 296 297 298 299 New Construction Pricing: $6.50/sq foot for duct work, furnace exhaust venting, thermostats, supply/return grilles and registers, dryer venting (if needed), insulated duct work within a new construction building $750 (EA) Venting for standard kitchen hood/microwave $750 (EA) Venting for gas water heater $1,200 (EA) Provide/install bathroom exhaust fan w/outside termination included and venting $500 (EA) Blower door test $500 (EA) Blower duct test $200 (HR) Ductwork design/layout, includes load calculation (not stamped by mechanical engineer) $6,600 - $7,700 (EA) Provide/install Lennox Signature Series Fully Modulating furnace. Price depends on furnace size/BTU. $5,700 - $6,600 (EA) Provide/install Lennox Elite Series Two-Stage furnace. Price depends on furnace size/BTU. $4,900 - $5,200 (EA) Provide/install Lennox Merit Series Two-Stage furnace. Price depends on furnace size/BTU. $4,000 - $4,800 (EA) Provide/install Lennox Merit Series Single-Stage furnace. Price depends on furnace size/BTU. $11,500 - $13,700 (EA) Provide/install Lennox Signature Series 25 SEER Variable Capacity Condenser. Price depends on size condenser. $9,600 - $11,200 (EA) Provide/install Lennox Elite Series 20 SEER Variable Capacity Condenser. Price depends on size condenser. $7,400 - $8,800 (EA) Provide/install Lennox Merit Series 16 SEER Two-Stage Condenser. Price depends on size condenser. $5,200 - $6,200 (EA) Provide/install Lennox Merit Series 14 SEER Single-Stage Condenser. Price depends on size condenser. $12,800 - $15,300 (EA) Provide/install Lennox Signature Series 25 SEER Variable Capacity Heat Pump. Price depends on size needed. $11,900 - $13,700 (EA) Provide/install Lennox Elite Series 20 SEER Variable Capacity Heat Pump. Price depends on size needed. $8,900 - $10,800 (EA) Provide/install Lennox Merit Series 16 SEER Two-Stage Heat Pump. Price depends on size needed. $5,400 - $6,600 (EA) Provide/install Lennox Merit Series 14 SEER Single-Stage Heat Pump. Price depends on size needed. 300 $2,000 (EA) AC-ready option. Provide/install coil and line set BUT not condensing unit. $3,000 (EA) Heat-pump read option. Provide/install coil and linset BUT not heat-pump unit. $5,500 (EA) Provide/install iComfort/iHarmony zoning equipment (2 Zones included) $9,000 (EA) Provide/install Lennox mini-split. This price is just for the outside condensing unit. Indoor, wall mounted heads are an additional $5,000 (EA). $2,000 (EA) Add an additional iComfort/iHarmoy zone to board $5,000 (EA) Provide/install Honeywell zoning equipment (2 Zones included) $1,500 (EA) Provide/install iComfort/iHarmony zone to board $4,500 (EA) Provide/install HealthyClimate Heat Recovery Unit $1,400 - $3,500 (EA) Provide/install Indoor Air Quality component to system. Price depends on unit selected. $3,000 (EA) Provide/install AprilAire 800 Steam Humidifier Anything NOT listed above will be considered a time and material job and will be billed at: $150/hr for labor, materials used + 30% markup, and overhead/profit at 15% 301 Add On/Replacement (AOR) Department Pricing: **Note: this department is for EXISTING systems in buildings/residences. As replacements/renovation are difficult to provide a hard price on without seeing them in person first, we would send one of our Comfort Advisors (estimators) out prior to construction to gather more information and price accordingly. The below would be general pricing for our equipment. $10,300 - $11,000 (EA) Remove/replace existing furnace with Lennox Signature Series Fully Modulating furnace. Price depends on size /BTU needed. $9,000 - $9,800 (EA) Remove/replace existing furnace with Lennox Elite Series Two-Stage furnace. Price depends on size/BTU needed. $7,300 - $7,900 (EA) Remove/replace existing furnace with Lennox Merit Series Single-Stage furnace. Price depends on size/BTU needed. $15,500 - $17,400 (EA) Remove/replace existing air conditioning unit with Lennox Signature Series 28 SEER Variable Speed Condenser. Price depends on size needed. $10,800 - $12,400 (EA) Remove/replace existing air conditioning unit with Lennox Elite Series 18 SEER Variable Speed Condenser. Price depends on size needed. $9,600 - $11,500 (EA) Remove/replace existing air conditioning unit with Lennox Merit Series 16 SEER Two-Stage Condenser. Price depends on size needed. $8,700 - $10,100 (EA) Remove/replace existing air conditioning unit with Lennox Merit Series 14 SEER Single-Stage Condenser. Price depends on size needed. $16,300 - $17,900 (EA) Remove/replace existing air conditioning unit with Lennox Signature Series 25 SEER Variable Speed Heat Pump. Price depends on size needed. $12,400 - $14,200 (EA) Remove/replace existing air conditioning unit with Lennox Elite Series 18 SEER Variable Speed Heat Pump. Price depends on size needed. $9,900 - $12,000 (EA) Remove/replace existing air conditioning unit with Lennox Merit Series 16 SEER Two-Stage Heat Pump. Price depends on size needed. $1,800 - $3,500 (EA) Provide/install Indoor Air Quality component to system. Price depends on unit selected. $3,700 (EA) Price and install AprilAire 800 Steam Humidifier on to an existing system $3,000 (EA) Price and install AprilAire 800 Steam Humidifier on to a new system Anything NOT listed above or not quoted by a Comfort Advisors will be considered a time and material job and will be billed at: $150/hr for labor, materials used + 30% markup, and overhead/profit at 15% 302 Service/Diagnostic Pricing: **Note: Service repairs are done as flat rate, the following list is not comprehensive, but covers some common items. Some repairs may cost more than shown below if special order parts are required. Diagnostic and repair rates can be reduced if you have a maintenance contract with us for the building we are working on* Diagnostics are $175 for the first hour and $150/hr after Replace dual run capacitor 20-55 mfd : $214.59 Replace dual run capacitor 55+ mfd: $235.65 Replace 40A 3 pole contactor: $347.32 Replace 40A 2 pole contactor: $290.56 Replace hot surface ignitor: $290.19 Replace spark ignitor: $339.78 Replace spark ignition module: $651.67 Replace fan belt: $191.58 Replace blower pulley: $699.54 Replace universal blower motor up to 1HP: $679.72 Replace universal condenser fan motor: $702.18 Replace R410-A compressor up to 5T: $4102.93 Locate refrigerant leak: $339.25 Repair refrigerant leak with recovery: $1237.39 Replace basic programmable thermostat: $352.45 Replace induced draft motor - 80%eff: $719.94 303 Page 1 of 12 REQUEST FOR QUALIFICATIONS (RFQ) CONTRACTORS – ALL TRADES – FACILITIES PROJECTS CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 January 2023 304 Page 2 of 12 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms interested in providing construction services to the City of Bozeman for various future facilities construction and repair projects. Copies of the Request for Qualifications are available on the City’s website All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by February 10, 2023 at 2:00 PM MDT. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication” and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. 305 Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582- 2439, wziegler@bozeman.net. DATED at Bozeman, Montana, this 8th of January, 2023. Mike Maas City Clerk City of Bozeman For publication on: Sunday, January 8, 2023 Sunday, January 29th, 2023 306 I. INTRODUCTION The City of Bozeman (Owner), is seeking qualifications from firms to provide construction services for various facilities construction and repair projects that may arise in the future, including General Contractors, Electricians, Plumbers, HVAC, Concrete and Asphalt Contractors, Roofers, Painters, Plasterers, and Landscapers. The Owner intends to compile a list of general contractors and specialty trade contractors interesting in working with the City of Bozeman to provide construction services on future projects of various size and scope. This may include repairs, renovations, additions and other construction services. Qualified contractors will be asked to sign a term contract and will be placed on a call list to provide bids or estimates at prenegotiated rates for projects as they arise. This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION Introduction The City of Bozeman’s facilities department is seeking statements of qualifications from general contractors and specialty trade contractors interested in providing construction services for future projects as they arise. Projects may vary in size and scope, from minor repair projects to larger renovations and alterations. Projects may include any construction trades, such as carpentry, plumbing, electrical, concrete, painting, sheetrock, site work and more. Contractors deemed qualified will be asked to sign a term contract to provide services at prenegotiated rates. The contractor may then provide services to any City of Bozeman department’s projects at the contracted rates without submitting individual bids. The purpose of this is to better position the City to quickly respond to projects by increasing our qualified contractor pool and reducing procurement delays. III. SCOPE OF SERVICES The Facilities Department manages a wide variety of municipal buildings, and oversees construction, maintenance and repair projects for those facilities. Projects regularly arise which are outside the 307 staffing capabilities of City facilities workers, and in those cases local contractors are solicited to complete the projects. The Facilities Department wishes to update its list of general contractors and specialty trade contractors interested in taking on City projects, who will be contacted when bids or estimates at prenegotiated rates are requested. Examples of potential projects which may come up include: Emergency repairs to address damage from water leaks, storms, general wear, vandalism, deferred maintenance, pumbing failures, roof damage, etc. Preventative maintenance and emergency repairs to HVAC, plumbing and electrical systems Renovation projects, such as office reconfigurations, window and door replacements, flooring replacement, painting, sheetrock, etc. Improvements to meet ADA accessibility or code requirements Site work, such as repairs to fences, sidewalks, curbs and steps Firms scored as Qualified will be asked to provide a proposal for rates and fees and sign a term contract to provide the City services at those rates. Qualified firms with standing term contracts will be contacted by the Facilities Department as projects arise. Projects covered by these contracts will have a maximum value of $79,999. IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by February 10, 2023 at 2:00 PM MDT. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO: Max Ziegler P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2439 wziegler@bozeman.net 308 Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 12:00 PM MST on February 6, 2023 B. Selection Timeline Advertising dates: January 8 and 29, 2023 Receipt of RFQs: No later than 2:00 p.m. MDT February 10, 2023 RFQ Review Complete by Committee: February 28, 2023 Selection: March 3, 2023 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. V. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS Respondents must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of RFQs. The selection committee shall consist of no less than three persons representing the City. The selection committee will review conforming RFQ responses using the criteria listed above. RFQ responses that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming RFQ responses, the selection committee may decide to schedule interviews with qualified respondents. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 309 5. Selection and Final Recommendation. The selection committee will tally the scores for the RFQ. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RFQ – FORM AND CONTENTS Deliver one (1) original digital copy (via flash drive), prepared as follows: i. General Instructions: a. RFQ responses must be signed by an officer or principal of your firm. b. RFQ responses must be contained in a single searchable PDF document not to exceed 10 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Firm Information: a. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. b. Firm Background. Provide information about the firm, including location. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. c. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. d. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? e. References. Provide detailed contact information for the Owner for at least five (5) project undertaken by your firm within the past five years. 310 C. EVALUATION CRITERIA Qualifications will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below. The scoring criteria and possible point values are: 1. Respondent’s experience with projects of similar size and design: Possible Points: 40 2. Firm’s Qualifications: Possible Points: 20 3. Capabilities to meet time schedule and project budget requirements. Possible Points: 20 4. Present and projected workloads: Possible Points: 10 5. Past projects/experience working with the City of Bozeman: Possible Points: 5 6. Office(s) location: Possible Points: 5 VI. FORM OF AGREEMENT The final form of the contract documents will be disclosed to Respondents during contract negotiations. VII. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ become the property of the City and public records and, as such, may be subject to public review. 311 A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ; to waive any minor irregularities, informalities, or failure to conform to the RFQ; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. E. The successful Respondents will be required to enter into a contract with the City, which will incorporate the Respondents' scope of service and work schedule as part of the agreement. F. This RFQ does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. G. This project is subject to the availability of funds. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender 312 identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. 313 F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ: Appendix A: Non-Discrimination Affirmation END OF RFQ 314 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 315 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Jon Henderson - Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with TD&H Engineering for Structural Special Inspections and Materials Testing for the Bozeman Public Library Renovation MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with TD&H Engineering for structural special inspections and materials testing for the Bozeman Public Library renovation. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Beginning in October 2022 the Bozeman Public Library began its first major renovation since its construction in 2006, which will include reconfiguring internal spaces, replacing worn flooring, expanding services and improving the user experience. On construction projects involving structural work, Special Inspections are required to ensure the adequacy of construction materials, fabrication, and installation techniques. Special Inspections are required for building components identified in the International Building Code (IBC) when the design of these components is required to be performed by a professional engineer or architect. Inspection items include fabricators for pre- engineered structural components, fabrication processes for prefabricated wood products, as well as for materials such as: concrete, masonry, structural steel, high-load wood diaphragms, soils, and others including special cases as determined by the building official. A Request for Qualifications was published seeking qualifications from professional engineering firms to provide special inspection services on the Bozeman Public Library renovation project. Responses were competitively evaluated based upon the submitted statements of qualifications. TD&H Engineering was selected as the most qualified respondent and their cost proposal was accepted by the project team. Special Inspections to be performed by TD&H include Geotechnical, 316 Concrete, and Structural Steel Inspections and Testing as detailed in the Bozeman Public Library Renovation construction documents. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This contract will incur a maximum cost of $8,800.00 for professional services to be paid from the Bozeman Public Library renovation budget. Attachments: PSA - TD&H Engineering - Library Renovation Special Inspections.pdf RFQ - Special Inspections - Library Renovation and Fire Station 2 Construction.pdf Report compiled on: April 5, 2023 317 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, TD&H Engineering, 234 East Babcock Street, Suite 3, 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 30th day of December, 2024, 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 318 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 2 of 11 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. 319 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 320 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 321 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 322 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler – Facilities Project Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 323 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 7 of 11 purpose of this Agreement shall be Scott Mahurin – Structural Engineer or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 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. 324 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 8 of 11 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 325 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 326 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 10 of 11 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 327 Professional Services Agreement for Bozeman Public Library Renovation Special Inspections and Materials Testing Page 11 of 11 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 328 EXHIBIT A 329 MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 April 4, 2023 Attn: Max Ziegler City of Bozeman 121 North Rouse Bozeman, MT 59718 RE: LIBRARY STRUCTURAL SPECIAL INSPECTIONS Dear Mr. Ziegler, Per your request TD&H has prepared a scope and fee proposal to perform Special Inspections for the Bozeman Public Library renovation. The fee for TD&H to perform these services is $8,800 Lump Sum. A proposed scope and a breakdown of our fees can be seen on the attached documents. We appreciate the opportunity to assist on this project and look forward to the opportunity to work with you moving forward. Please don’t hesitate to contact us with any questions you may have. Sincerely, Scott Mahurin PE/SE Structural Engineer TD&H ENGINEERING O:\Proposals \Bozeman, City of\Special Inspections Library \CMT Cost Estimate\CITY OF BOZEMAN - LIBRARY STRUCTURAL INSPECTIONS.DOC 330 EXHIBIT A - SCOPE AND FEE DESCRIPTION Public Library Construction Inspection and Testing 4/04/2023 Page 1 of 2 SCOPE OF SERVICES 1. IBC Required Special Inspections and Testing • Geotechnical Inspections and Testing o Verify over-excavation down to the required bearing stratum within the building footprint o Inspection and density testing of subgrade within the building footprint o Inspection and density testing of imported structural fill • Concrete Inspections and Testing o Provide concrete materials testing including temperature, slump, air, and compressive strength o The specified frequency of testing for all types of building concrete testing is defined in ACI 301 “Obtain at least one composite sample for each 150 cubic yards, or fraction thereof, of each concrete mixture placed in any one day” o 28-day Concrete: cast and cure five 4”x8” compressive strength specimens and break one at 7 days, three at 28 days, and hold one specimen for testing only if specified strength is not met at 28 days o Perform concrete reinforcement inspection o Perform inspection of anchorages into concrete including post-installed anchors • Structural Steel Inspections o Steel inspections per AISC 360 Chapter N including: ▪ Inspection of steel bolting ▪ Visual inspection of field welding ▪ Inspection of steel frame for general conformance with contract documents 2. Optional On-Site Inspections and Testing • Concrete Inspections and Testing o Provide materials testing including temperature, slump, air, and compressive strength for curb and gutter, slabs, and sidewalk. o The specified frequency of testing for all site concrete shall conform to City of Bozeman Design Standards “One set of tests shall be required for every 50 cubic yards of concrete placed with a minimum of one set of tests per project” o Cast and cure five 4”x8” compressive strength specimens and break one at 7 days, three at 28 days, and hold one specimen for testing only if specified A. General Inspection and Testing • Inspectors will keep logs and record inspection and construction activities for each day on site. Copies of the test results and inspection logs will be delivered to the project team throughout the project. Inspectors will take periodic photographs of construction activities. Inspectors will be experienced and qualified to perform the inspection for the type of work being performed. 331 EXHIBIT A - SCOPE AND FEE DESCRIPTION Public Library Construction Inspection and Testing 4/04/2023 Page 2 of 2 • Our materials lab in Great Falls is accredited by AASHTO through their AMRL and CCRL programs for both field and laboratory testing. This includes the requirements of ASTM C1077 and ASTM E329. Our technicians are also certified by various agencies including the American Concrete Institute (ACI). Our Bozeman Lab is not accredited by AASHTO but no other lab in Bozeman is accredited either. If this is an issue, please let us know. All Standard Operating Procedures for the Bozeman Lab are identical to those performed in our accredited Great Falls Lab. SCHEDULE AND FEE The time required for inspection, testing, and surveying is dependent on the schedule, number of trips, proficiency, and means and methods of the installing contractor. We believe the above scope is representative of the necessary inspection and testing; however, they are an estimate and may need adjustment based on actual construction sequencing. We shall use commercially reasonable efforts to complete the services within a reasonable time period. 332 EXHIBIT A - SCOPE AND FEE DESCRIPTION BOZEMAN LIBRARY RENOVATION CONSTRUCTION INSPECTION AND TESTING 4/4/2023 1.0 Building Special Inspections and Testing: Geotechnical and Concrete Testing 3,449.00$ 1.1 1,079.00$ Description Quantity Units Unit Price Extension 9 Hour 101$ 909.00$ Work Activity Detail Qty Units Hrs/Unit Extension Foundation Footing Subgrade and Fill 1 Trips 3.0 3.0 Foundation Interior Backfill 2 Trips 3.0 6.0 0.5 Hour 160$ 80.00$ 1.5 Day 60$ 90.00$ 1.2 2,370.00$ Description Quantity Units Unit Price Extension 15.0 Hour 101$ 1,515.00$ Work Activity Detail Qty Units Hrs/Unit Extension Footings 1 Trips 5.0 5.0 Walls 1 Trips 5.0 5.0 Interior Slab 1 Trips 5.0 5.0 15.0 Each 25$ 375.00$ Work Activity Detail Qty Units Hrs/Unit Extension Footings 1 Set 5.0 5.0 Walls 1 Set 5.0 5.0 Interior Slab 1 Set 5.0 5.0 3 Hour 160$ 480.00$ 2.0 Special Inspections and Testing: Structural Steel and Wood Framing Inspections 3,480.00$ 2.2 3,480.00$ Description Quantity Units Unit Price Extension 15.0 Hour 137$ 2,055.00$ Work Activity Detail Qty Units Hrs/Unit Extension Framing Bolting Connections 1 Trips 5.0 5.0 Concrete Reinforcement 2 Trips 5.0 10.0 5.0 Hour 125$ 625.00$ Work Activity Detail Qty Units Hrs/Unit Extension Welding Inspection 1 Trips 5.0 5.0 5 Hour 160$ 800.00$ 3.0 Optional On Site Inspections and Testing 790.00$ 3.1 790.00$ Description Quantity Units Unit Price Extension 5.0 Hour 101$ 505.00$ Work Activity Detail Qty Units Hrs/Unit Extension On Site Sidewalk 1 Trips 5.0 5.0 5.0 Each 25$ 125.00$ Work Activity Detail Qty Units Hrs/Unit Extension Concrete and Structural Steel Inspections Welding Inspections Structural Steel and Concrete Reinforcement Inspections Project Manager - Engineer 4 Concrete Testing On-Site Concrete Inspections and Testing Concrete Compressive Strength Testing per cylinder Building Geotechnical Inspections and Testing Compaction Testing - Nuclear Project Manager - Engineer 4 Concrete Testing Project Manager - Engineer 4 Building Concrete Inspections and Testing Nuclear Densometer Charge, Per Day Concrete Compressive Strength Testing per cylinder 333 EXHIBIT A - SCOPE AND FEE DESCRIPTION BOZEMAN LIBRARY RENOVATION CONSTRUCTION INSPECTION AND TESTING 4/4/2023 On Site Sidewalk 1 Set 5.0 5.0 1 Hour 160$ 160.00$ Subtotal:3,449.00$ Subtotal:3,480.00$ Subtotal:790.00$ Contingency 1,081.00$ Proposal Total:8,800.00$ Project Manager - Engineer 4 2.0 Special Inspections and Testing: Structural Steel and 1.0 Building Special Inspections and Testing: 3.0 Optional On Site Inspections and Testing 334 Page 1 of 13 REQUEST FOR QUALIFICATIONS (RFQ) SPECIAL INSPECTIONS AND MATERIALS TESTING BOZEMAN PUBLIC LIBRARY RENOVATION AND FIRE STATION 2 CONSTRUCTION CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 FEBRUARY 2023 335 Page 2 of 13 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to perform Special Inspection and Materials Testing Services for both the Bozeman Public Library Renovation and the construction of the new Fire Station 2. Copies of the Request for Qualifications are available on the City’s website All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFQ Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFQ title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFQs via email to the City Clerk by March 9 at 2:00 PM MST It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. 336 Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582- 2439, wziegler@bozeman.net. DATED at Bozeman, Montana, this February 12th 2023. Mike Maas City Clerk City of Bozeman For publication on: Sunday, February 12, 2023 Sunday, February 26, 2023 337 I. INTRODUCTION The City of Bozeman (Owner), is seeking qualifications from firms to undertake Construction Material Testing and Special Inspections. The Owner intends to enter into contracts with the selected firm that will include providing Special Inspection and Materials Testing Services for both the Bozeman Public Library Renovation and the construction of the new Fire Station 2. This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION Introduction The City of Bozeman is currently underway on on a renovation of the Bozeman Public Library, and is preparing to break ground on a replacement for the City’s Fire Station #2 which is to be constructed on the Montanta State University campus off of West Kagy Ave. The internal renovation of the Bozeman Public Library includes the reconfiguration of a number of rooms in the building as well as the replacement of aging finishes and fixtures, including the installation of new entry vestibules. The project team includes the City of Bozeman (Owner), MSR Architects (Architect), and Martel Construction (General Contractor/Construction Manager). Construction of Fire Station #2 is a greenfield new construction project expected to break ground in April 2023. The fire station will be located on the south end of the Montana State University Campus, off of Kagy Ave, and will provide fire and EMS response from that location. The project team includes the City of Bozeman (Owner), ThinkOne Architects (Architect) and Martel Construction (General Contractor/Construction Manager). The Owner is soliciting special inspection and materials testing services from a qualified engineering firm as required by the IBC on both the Library Renovation and the construction of Fire Station #2. The successful firm will work directly for the Owner to ensure these elements and work performed at the site meet the applicable code requirements. 338 III. SCOPE OF SERVICES Release of this RFQ with the preliminary scope of services contained herein does not commit the City to contracting with a selected firm for all scope items identified. For purposes of this RFQ the term ‘selected firm’ can mean a single engineering consulting firm, or a prime engineering consulting firm together with sub-consultant engineering firm(s) forming a respondent team. The preliminary scope of work involved for this project is outlined below. The City desires for the scope of work to be completed in a diligent manner. Additional tasks and work elements may be inserted into the scope of work during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. In its proposal, a firm may recommend addition/deletion of tasks and/or modification of tasks in describing its particular understanding and approach for the project. Proposals must clearly identify any elements of the proposed scope of work that would not be provided by the prime engineering consulting firm. Any sub-consultants which comprise the respondent team must be identified along with a description of past working history between the firms. Bozeman Public Library Renovation SCOPE The Materials Testing Services will generally provide Special Inspections required by the 2018 International Building Code and Materials Testing including, but not limited to: • Testing of soil compaction, structural, below site civil hardscape, utility trenches. • Testing of cast in place concrete strength (shall include, air, slump, unit weight and temp.) for structural concrete and site civil hardscape • Inspection and verification of soils (foundation, foundation backfill, site civil hardscape, and utility trench backfill) • Inspecting structural concrete construction (reinforcing, anchorages, placement, etc.) • Inspection of structural steel construction (bolting, welding, erection, etc.) See sheet S002 of the Construction Documents for additional Special Inspection and Testing requirements (Appendix B). Bozeman Fire Station #2 SCOPE The Materials Testing Services will generally provide Special Inspections required by the 2018 International Building Code and Materials Testing including, but not limited to: 339 • Testing of soil compaction, structural, below site civil hardscape, utility trenches. • Testing of cast in place concrete strength testing (shall include, air, slump, unit weight and temp.) for structural concrete and site civil hardscape • Inspection and verification of soils (foundation, foundation backfill, site civil hardscape, and utility trench backfill) • Inspecting structural concrete construction (reinforcing, anchorages, placement, etc.) • Inspection of structural steel construction (bolting, welding, erection, etc.) • Inspection of steel construction other than structural steel (cold formed metal deck) • Testing of masonry grout (shall include, air, slump, unit weight and temp.) for structural masonry. • Inspecting structural masonry construction (reinforcing, anchorages, placement, etc.) • Inspection of wood construction • Inspection of wood construction for wind resistance • Inspection of wood construction for seismic resistance See sheet S0.2 and S0.3 of the Construction Documents for additional Special Inspection and Testing requirements (Appendix C). IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS Deliver RFQs via email to the City Clerk (agenda@bozeman.net) by March 9th, 2023 at 2PM MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFQ Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFQ title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to an alternate submission method upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO: Max Ziegler – Facilities Project Coordinator P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2439 wziegler@bozeman.net 340 Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 12:00 PM MST on March 6th, 2023. B. Selection Timeline Advertising dates: February 12 and 26, 2023 Receipt of RFQs: No later than 2:00 p.m. MST March 9th , 2023 RFQ Review Complete by Committee: March 22, 2023 Interviews: March 27, 2023 Selection: March 31, 2023 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. V. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS Respondents must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of RFQs. The selection committee shall consist of no less than three persons representing the City. The selection committee will review conforming RFQ responses using the criteria listed above. RFQ responses that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming RFQ responses, the selection committee may decide to schedule interviews with qualified respondents. Interviews will be held on March 27, 2023 at the Professional Building, 20 East Olive Street, Bozeman MT 59715. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of 341 questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 5. Selection and Final Recommendation. The selection committee will tally the scores for the RFQ. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RFQ – FORM AND CONTENTS Deliver one (1) digital copy prepared as follows: i. General Instructions: a. RFQ responses must be signed by an officer or principal of your firm. b. RFQ responses must be contained in a single searchable PDF document not to exceed 20 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Firm Information: a. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. b. Firm Background. Provide information about the firm, including location. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. c. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. d. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? 342 e. References. Provide detailed contact information for the Owner for at least five (5) project undertaken by your firm within the past five years. C. EVALUATION CRITERIA Qualifications will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 1. Respondent’s experience with projects of similar size and design: Possible Points: 40 2. Firm’s Qualifications: Possible Points: 20 3. Capabilities to meet time schedule and project budget requirements. Possible Points: 20 4. Present and projected workloads: Possible Points: 10 5. Past projects/experience working with the City of Bozeman: Possible Points: 5 6. Office(s) location: Possible Points: 5 VI. FORM OF AGREEMENT The final form of the contract documents will be disclosed to Respondents during contract negotiations. VII. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ become the property of the City and public records and, as such, may be subject to public review. 343 A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ; to waive any minor irregularities, informalities, or failure to conform to the RFQ; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. E. The successful Respondents will be required to enter into a contract with the City, which will incorporate the Respondents' scope of service and work schedule as part of the agreement. F. This RFQ does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. G. This project is subject to the availability of funds. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, 344 national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. 345 F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ: Appendix A: Non-Discrimination Affirmation Appendix B: Public Library Renovation - Special Inspection and Testing requirements Appendix C: Fire Station #2 Construction – Special Inspection and Testing requirements. END OF RFQ 346 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 347 APPENDIX B 348 STATEMENT OF SPECIAL INSPECTION AND TESTING NOTES: SPECIAL INSPECTIONS SHALL CONFORM TO CHAPTER 17 OF THE INTERNATIONAL BUILDING CODE (IBC), CONTRACT DOCUMENTS, AND APPROVED SUBMITTALS. THE OWNER SHALL EMPLOY ONE OR MORE APPROVED AGENCIES TO PERFORM INSPECTIONS AND TESTING DESCRIBED HEREIN. SPECIAL INSPECTIONS AND ASSOCIATED TESTING SHALL BE PERFORMED BY AN APPROVED AND ACCREDITED INDEPENDENT AGENCY MEETING THE REQUIREMENTS OF ASTM E329 (GENERAL), ASTM D3740 (SOILS), ASTM C1077 (CONCRETE), ASTM A880 (STEEL), AND ASTM E543 (NON-DESTRUCTIVE). THE INSPECTION AND TESTING AGENCY SHALL FURNISH TO THE ARCHITECT AND ENGINEER A COPY OF THEIR SCOPE OF ACCREDITATION. SPECIAL INSPECTORS SHALL BE APPROVED BY THE BUILDING OFFICIAL. WELDING INSPECTORS SHALL BE QUALIFIED PER AWS D1.1. THE CONSTRUCTION OR WORK FOR WHICH SPECIAL INSPECTION IS REQUIRED SHALL REMAIN ACCESSIBLE AND EXPOSED FOR SPECIAL INSPECTION PURPOSES UNTIL COMPLETION OF THE REQUIRED SPECIAL INSPECTIONS. THE SPECIAL INSPECTOR SHALL OBSERVE THE INDICATED WORK FOR COMPLIANCE WITH THE APPROVED CONTRACT DOCUMENTS. ALL DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR FOR CORRECTION AND NOTED IN THE INSPECTION REPORTS. ISSUES REQUIRING IMMEDIATE CORRECTIVE ACTIONS OR ENGINEERING INPUT ARE TO BE BROUGHT TO THE ENGINEER’S ATTENTION IMMEDIATELY UPON DISCOVERY. THE SPECIAL INSPECTOR SHALL FURNISH INSPECTION REPORTS FOR EACH INSPECTION TO THE BUILDING OFFICIAL, ARCHITECT, ENGINEER, CONTRACTOR, AND OWNER. THE SPECIAL INSPECTION AGENCY SHALL SUBMIT A FINAL REPORT STATING THAT THE WORK REQUIRING SPECIAL INSPECTION WAS INSPECTED, IS IN CONFORMANCE WITH THE APPROVED CONTRACT DOCUMENTS, AND THAT ALL DISCREPANCIES NOTED IN THE REPORTS HAVE BEEN CORRECTED. EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND- OR SEISMIC FORCE-RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM, OR A WIND- OR SEISMIC-RESISTING COMPONENT LISTED SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE BUILDING OFFICIAL AND THE OWNER PRIOR TO COMMENCEMENT OF WORK ON THE SYSTEM OF COMPONENT. THE CONTRACTOR’S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED HEREIN. INSPECTION FREQUENCY: A. CONTINUOUS INSPECTION: THE SPECIAL INSPECTOR SHALL BE PRESENT WHEN AND WHERE THE WORK IS BEING PERFORMED AT ALL TIMES. B. PERIODIC INSPECTION: THE SPECIAL INSPECTOR SHALL BE INTERMITTENTLY PRESENT WHEN AND WHERE THE WORK IS BEING PERFORMED. THE INSPECTOR SHALL OBSERVE THE WORK AT ITS COMMENCEMENT, AT PERIODIC INTERVALS THEREAFTER, AND WHEN THE WORK IS COMPLETED. C. OBSERVE: THE INSPECTOR SHALL OBSERVE THESE FUNCTIONS ON A RANDOM BASIS. OPERATIONS NEED NOT BE DELAYED PENDING OBSERVATIONS (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). D. PERFORM: THESE INSPECTIONS SHALL BE PERFORMED PRIOR TO FINAL ACCEPTANCE OF THE ITEM (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). E. DOCUMENT: THE INSPECTOR SHALL PREPARE REPORTS INDICATING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). SPECIAL INSPECTIONS ARE NOT REQUIRED WHERE THE WORK IS DONE ON THE PREMISES OF A FABRICATOR REGISTERED AND APPROVED TO PERFORM SUCH WORK WITHOUT SPECIAL INSPECTION. APPROVAL SHALL BE BASED UPON REVIEW OF THE FABRICATOR’S WRITTEN PROCEDURAL AND QUALITY CONTROL MANUALS AND PERIODIC AUDITING OF FABRICATION PRACTICES BY AN APPROVED SPECIAL INSPECTION AGENCY. AT COMPLETION OF FABRICATION, THE APPROVED FABRICATOR SHALL SUBMIT A CERTIFICATE OF COMPLIANCE TO THE BUILDING OFFICIAL STATING THAT THE WORK WAS PERFORMED IN ACCORDANCE WITH THE APPROVED CONSTRUCTION DOCUMENTS. A. STEEL FABRICATORS AND INSTALLERS CERTIFIED THROUGH AISC COMPLY WITH THIS PROVISION. THE FABRICATOR AND OR INSTALLER MUST STILL COMPLETE AND DOCUMENT THE QUALITY CONTROL TASKS AND NON-DESTRUCTIVE TESTING OUTLINED IN AISC 360 AND AISC 341, AS APPLICABLE. LICEN S E D AMTNONA DAVID L. FRENCH No.16076PRO FESS IONA L E N GINEERDrawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. ISSUE / REVISION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the Laws of the State of Montana. Architect Seal Signature Print Name Date License No DateMark Description 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 | 612.375.0336 PE No. 16076 1 6/13/2022 11:17:43 AMAutodesk Docs://2021005 Bozeman Public Library/BZN PUBLIC LIBRARY - STRUCTURAL_R22.rvtS002 STATEMENT OF SPECIAL INSPECTIONS CONSTRUCTION DOCUMENTS 2022.06.10 2022.06.10 Construction DocumentsProject No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and Interiors Associate Architect 2880 Technology Blvd W | Bozeman, MT, 59718 | 406.587.0721 428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216 Civil, Structural, Mechanical, Electrical, Plumbing, Fire Protection, IT Audio / Visual 1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600 Lighting Design 1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044 Landscape Architecture 111 N Tracy Ave, Bozeman, MT 59715 | 406.587.4873 David L. French PRIOR TO PLACEMENT OF COMPACTED FILL, OBSERVE SUBGRADE AND VERIFY THAT THE SITE HAS BEEN PREPARED PROPERLY PERIODIC VERIFY USE OF PROPER MATERIALS, DENSITIES, AND LIFT THICKNESSES DURING PLACEMENT AND COMPACTION OF COMPACTED FILL CONTINUOUS VERIFY EXCAVATIONS ARE EXTENDED TO PROPER DEPTH AND HAVE REACHED PROPER MATERIAL PERIODIC VERIFY MATERIALS BELOW SHALLOW FOUNDATION ARE ADEQUATE TO ACHIEVE THE DESIGN BEARING CAPACITY TABLE 1705.6 GEOTECHNICAL REPORT PERIODIC BY THE GEOTECHNICAL ENGINEER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS AND TESTS OF SOILS INSPECT FORMWORK FOR SHAPE, LOCATION AND DIMENSIONS OF THE CONCRETE MEMBER BEING FORMED ACI 318: 26.11.1.2(b)PERIODIC VERIFICATION OF IN-SITU CONCRETE STRENGTH PRIOR TO REMOVAL OF SHORES AND FORMS FROM BEAMS AND STRUCTURAL SLABS PERIODIC VERIFICATION OF IN-SITU CONCRETE STRENGTH PRIOR TO STRESSING TENDONS IN POST-TENSIONED CONCRETE ACI 318: 26.11.2 PERIODIC ERECTION OF PRECAST CONCRETE MEMBERS ACI 318: 26.9 PERIODIC PRESTRESSED CONCRETE: GROUTING OF BONDED PRESTRESSING TENDONS IN THE SEISMIC FORCE RESISTING SYSTEM CONTINUOUS PRESTRESSED CONCRETE: APPLICATION OF PRESTRESSING FORCE ACI 318: 26.10 CONTINUOUS INSPECTION FOR MAINTENANCE OF SPECIFIED CURING TEMPERATURE AND TECHNIQUES ACI 318: 26.5.3-25.5.5 PERIODIC INSPECTION OF SHOTCRETE PLACEMENT FOR PROPER APPLICATION TECHNIQUES CONTINUOUS INSPECTION OF CONCRETE PLACEMENT FOR PROPER APPLICATION TECHNIQUES ACI 318: 26.5, 26.12 CONTINUOUS VERIFY USE OF REQUIRED MIX DESIGN ACI 318: CH. 19, 26.4.3, 26.4.4 PERIODIC INSPECTION OF ANCHORS POST-INSTALLED IN HARDENED CONCRETE: VERIFY ANCHOR PRODUCT NAME, TYPE, AND DIMENSIONS, HOLE DIMENSIONS, COMPLIANCE WITH DRILL BIT REQUIREMENTS, CLEANLINESS OF THE HOLE AND ANCHOR, PRODUCT EXPIRATION DATE (IF APPLICABLE), COMPLIANCE WITH MANUFACTURER'S INSTALLATION INSTRUCTIONS, ANCHOR EMBEDMENT, AND TIGHTENING TORQUE (IF APPLICABLE) FOR: b) MECHANICAL ANCHORS AND ADHESIVE ANCHORS NOT DEFINED IN a) ACI 318: 17.8.2 PRODUCT EVALUATION REPORT PERIODIC INSPECTION OF ANCHORS POST-INSTALLED IN HARDENED CONCRETE: VERIFY ANCHOR PRODUCT NAME, TYPE, AND DIMENSIONS, HOLE DIMENSIONS, COMPLIANCE WITH DRILL BIT REQUIREMENTS, CLEANLINESS OF THE HOLE AND ANCHOR, PRODUCT EXPIRATION DATE (IF APPLICABLE), COMPLIANCE WITH MANUFACTURER'S INSTALLATION INSTRUCTIONS, ANCHOR EMBEDMENT, AND TIGHTENING TORQUE (IF APPLICABLE) FOR: a) ADHESIVE ANCHORS INSTALLED IN HORIZONTALLY OR UPWARDLY INCLINED ORIENTATIONS TO RESIST SUSTAINED TENSION LOADS ACI 318: 17.8.2.4 PRODUCT EVALUATION REPORT CONTINUOUS INSPECTION OF ANCHORS CAST-IN CONCRETE TABLE 1705.3 ACI 318: 17.8.2 PERIODIC WELDING REINFORCING: OTHER STEEL NOT PREVIOUSLY LISTED PERIODIC WELDING REINFORCING: TRANSVERSE REINFORCING IN BEAMS AND COLUMNS CONTINUOUS WELDING REINFORCING: LONGITUDINAL AND TRANSVERSE REINFORCING IN BOUNDARY ELEMENTS OF SPECIAL STRUCTURAL WALLS CONTINUOUS WELDING REINFORCING: LONGITUDINAL REINFORCING IN BEAMS AND COLUMNS OF INTERMEDIATE AND SPECIAL MOMENT FRAMES CONTINUOUS WELDING REINFORCING: VERIFICATION OF WELDABILITY OF REINFORCING STEEL OTHER THAN ASTM A706 TABLE 1705.3 AWS D1.4 ACI 318: 26.6.4 PERIODIC INSPECTION OF PRESTRESSING TENDONS AND PLACEMENT PERIODIC INSPECTION OF REINFORCING STEEL AND PLACEMENT TABLE 1705.3 ACI 318: Ch. 20, 25.2, 25.3, 26.6.1-26.6.3 PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS AND TESTS OF CONCRETE CONSTRUCTION DOCUMENT ACCEPTANCE OR REJECTION OF MECHANICAL FASTENERS PERFORM VERIFY REPAIR ACTIVITIES PERFORM CHECK SPACING, TYPE AND INSTALLATION OF SUPPORT, SIDELAP AND PERIMETER FASTENERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.8 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER MECHANICAL FASTENING FASTENERS ARE INSTALLED IN ACCORDANCE WITH MANUFACTURER’S INSTRUCTIONS OBSERVE FASTENERS ARE POSITIONED AS REQUIRED 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.7 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS DURING MECHANICAL FASTENING PROPER STORAGE FOR MECHANICAL FASTENERS OBSERVE PROPER TOOLS AVAILABLE FOR FASTENER INSTALLATION OBSERVE MANUFACTURER INSTALLATION INSTRUCTIONS AVAILABLE FOR MECHANICAL FASTENERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.6 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO MECHANICAL FASTENING DOCUMENT ACCEPTANCE OR REJECTION OF WELDS PERFORM VERIFY REPAIR ACTIVITIES PERFORM WELDS MEET VISUAL ACCEPTANCE CRITERIA PERFORM VERIFY SIZE AND LOCATION OF WELDS, INCLUDING SUPPORT, SIDELAP, AND PERIMETER WELDS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.5 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER WELDING WPS FOLLOWED OBSERVE ENVIRONMENTAL CONDITIONS (WIND SPEED, MOISURE, TEMPERATURE)OBSERVE CONTROL AND HANDLING OF WELDING CONSUMABLES OBSERVE USE OF QUALIFIED WELDERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.4 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS DURING WELDING CHECK WELDING EQUIPMENT OBSERVE MATERIAL IDENTIFICATIONS (TYPE/GRADE)OBSERVE MANUFACTURER CERTIFICATIONS FOR WELDING CONSUMABLES AVAILABLE OBSERVE WELDING PROCEDURE SPECIFICATIONS (WPS) AVAILABLE 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.3 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO WELDING DOCUMENT ACCEPTANCE OR REJECTION OF INSTALLATION OF DECK AND DECK ACCESORIES PERFORM VERIFY DECK MATERIALS ARE REPRESENTED BY THE MILL CERTIFICATIONS THAT COMPLY WITH THE APPROVED CONSTRUCTION DOCUMENTS PERFORM VERIFY COMPLIANCE OF DECK AND ALL DECK ACCESSORIES INSTALLATION WITH APPROVED CONSTRUCTION DOCUMENTS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.2 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER DECK PLACEMENT DOCUMENT ACCEPTANCE OR REJECTION OF DECK AND DECK ACCESSORIES PERFORM VERIFY COMPLIANCE OF MATERIALS (DECK AND ALL DECK ACCESSORIES) WITH APPROVED CONSTRUCTION DOCUMENTS, INCLUDING PROFILES, MATERIAL PROPERTIES, AND BASE METAL THICKNESS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.1 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO DECK PLACEMENT VERIFY THAT THE TEMPORARY INSTALLATION RESTRAINT/BRACING AND THE PERMANENT INDIVIDUAL TRUSS MEMBER RESTRAINT/BRACING ARE INSTALLED IN ACCORDANCE WITH THE APPROVED TRUSS SUBMITTAL PACKAGE FOR COLD-FORMED STEEL TRUSSES SPANNING 60 FEET OR GREATER 1705.2.4 APPROVED TRUSS SUBMITTAL PERIODIC INSPECTION OF WELDING REINFORCING STEEL 1705.3.1 PER CONCRETE CONSTRUCTION TABLE 1705.3 TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF STEEL CONSTRUCTION OTHER THAN STRUCTURAL STEEL DOCUMENT ACCEPTANCE OR REJECTION OF STEEL ELEMENTS PERFORM PLACEMENT AND INSTALLATION OF STEEL HEADED STUD ANCHORS PERFORM PLACEMENT AND INSTALLATION OF STEEL DECK 1705.2.1 AISC TABLE N6.1 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF STRUCTURAL STEEL ELEMENTS OF COMPOSITE CONSTRUCTION PRIOR TO... DOCUMENT ACCEPTANCE OR REJECTION OF BOLTED CONNECTIONS 1705.2.1 AISC TABLE N5.6-3 PERFORM SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS AFTER BOLTING STRUCTURAL STEEL FASTENERS ARE PRETENSIONED IN ACCORDANCE WITH THE RCSC SPECIFICATION, PROGRESSING SYSTEMATICALLY FROM THE MOST RIGID POINT TOWARD THE FREE EDGES OBSERVE FASTENER COMPONENT NOT TURNED BY THE WRENCH PREVENTED FROM ROTATING OBSERVE JOINT BROUGHT TO SNUG-TIGHT CONDITION PRIOR TO THE PRETENSIONING OPERATION OBSERVE FASTENER ASSEMBLIES, OF SUITABLE CONDITION, PLACED IN ALL HOLES AND WASHERS (IF REQUIRED) ARE POSITIONED AS REQUIRED 1705.2.1 AISC TABLE N5.6-2 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS DURING BOLTING STRUCTURAL STEEL (NOT REQUIRED FOR SNUG-TIGHT JOINTS) PROPER STORAGE PROVIDED FOR BOLTS, NUTS, WASHERS, AND OTHER FASTENER COMPONENTS OBSERVE PRE-INSTALLATION VERIFICATION TESTING BY INSTALLATION PERSONNEL OBSERVED AND DOCUMENTED FOR FASTENER ASSEMBLIES AND METHODS USED OBSERVE CONNECTING ELEMENTS, INCLUDING THE APPROPRIATE FAYING SURFACE CONDITION AND HOLE PREPARATION, IF SPECIFIED, MEET APPLICABLE REQUIREMENTS OBSERVE PROPER BOLTING PROCEDURE SELECTED FOR JOINT DETAIL OBSERVE PROPER FASTENERS SELECTED FOR THE JOINT DETAIL (GRADE, TYPE, BOLT LENGTH IF THREADS ARE TO BE EXCLUDED FROM SHEAR PLANE) OBSERVE FASTENERS MARKED IN ACCORDANCE WITH ASTM REQUIREMENTS 1705.2.1 AISC TABLE N5.6-1 PERFORM SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS PRIOR TO BOLTING STRUCTURAL STEEL NO PROHIBITED WELDS HAVE BEEN ADDED WITHOUT THE APPROVAL OF THE EOR OBSERVE DOCUMENT ACCEPTANCE OR REJECTION OF WELDED JOINT OR MEMBER PERFORM REPAIR ACTIVITIES PERFORM BACKING REMOVED AND WELD TABS REMOVED (IF REQUIRED BY THE CONSTRUCTION DOCUMENTS)PERFORM WELD ACCESS HOLES IN ROLLED HEAVY SHAPES AND BUILT-UP SHAPES: AFTER ROLLED HEAVY SHAPES (SEE SECTION A3.1c) AND BUILT-UP HEAVY SHAPES (SEE SECTION A3.1d) ARE WELDED, VISUALLY INSPECT THE WELD ACCESS HOLE FOR CRACKS PERFORM K-AREA: WHEN WELDING DOUBLER PLATES, CONTINUITY PLATES, OR STIFFENERS HAS BEEN PERFORMED IN THE k-AREA OF ROLLED SHAPES, VISUALLY INSPECT THE WEB FOR k-AREA CRACKS WITHIN 3” OF THE WELD PERFORM ARC STRIKES PERFORM WELDS MEET VISUAL ACCEPTANCE CRITERIA: CRACK PROHIBITION, WELD/BASE-METAL FUSION, CRATER CROSS SECTION, WELD PROFILES, WELD SIZE, UNDERCUT, POROSITY PERFORM SIZE, LENGTH, AND LOCATION OF WELDS PERFORM WELDS CLEANED 1705.2.1 AISC TABLE N5.4-3 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS AFTER WELDING STRUCTURAL STEEL PLACEMENT AND INSTALLATION OF STEEL HEADED STUD ANCHORS PERFORM WELDING TECHNIQUES: INTERPASS AND FINAL CLEANING, EACH PASS WITHIN PROFILE LIMITATIONS, EACH PASS MEETS QUALITY REQUIREMENTS OBSERVE WPS FOLLOWED: SETTINGS ON WELDING EQUIPMENT, TRAVEL SPEED, SELECTED WELDING MATERIALS, SHIELDING GAS TYPE/FLOW RATE, PREHEAT APPLIED, INTERPASS TEMPERATURE MAINTAINED, PROPER WELDING POSITION OBSERVE ENVIRONMENTAL CONDITIONS: WIND SPEED WITHIN LIMITS, PRECIPITATION AND TEMPERATURE OBSERVE NO WELDING OVER CRACKED TACK WELDS OBSERVE CONTROL AND HANDLING OF WELDING CONSUMABLES: PACKAGING, EXPOSURE CONTROL 1705.2.1 AISC TABLE N5.4-2 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS DURING WELDING STRUCTURAL STEEL FIT-UP OF FILLET WELDS: DIMENSIONS (ALIGNMENT, GAPS AT ROOT), CLEANLINESS (CONDITION OF STEEL SURFACE), TACKING (TACK WELD QUALITY AND LOCATION) OBSERVE CONFIGURATION AND FINISH OF ACCESS HOLES OBSERVE FIT-UP OF CJP GROOVE WELDS OF HSS T-, Y- AND K-JOINTS WITHOUT BACKING (INCLUDING JOINT GEOMETRY): JOINT PREPARATIONS, DIMENTIONS (ALIGNMENT, ROOT OPENING, ROOT FACE, BEVEL), CLEANLINESS (CONDITION OF STEEL SURFACES), TACKING (TACK WELD QUALITY AND LOCATION) OBSERVE FIT-UP OF GROOVE WELDS (INCLUDING JOINT GEOMETRY): JOINT PREPARATION, DIMENSIONS (ALIGNMENT, ROOT OPENING, ROOT FACE, BEVEL), CLEANLINESS (CONDITION OF STEEL SURFACES), TACKING (TACK WELD QUALITY AND LOCATION), BACKING TYPE AND FIT (IF APPLICABLE) OBSERVE WELDER IDENTIFICATION SYSTEM OBSERVE MATERIAL IDENTIFICATION (TYPE/GRADE)OBSERVE MANUFACTURER CERTIFICATIONS FOR WELDING CONSUMABLES AVAILABLE PERFORM WELDING PROCEDURE SPECIFICATIONS AVAILABLE PERFORM WELDER QUALIFICATION RECORDS AND CONTINUITY RECORDS 1705.2.1 AISC TABLE N5.4-1 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS PRIOR TO WELDING STRUCTURAL STEEL INSPECT THE FABRICATED STEEL OR ERECTED STEEL FRAME TO VERIFY COMPLIANCE WITH THE DETAILS AS SHOWN ON THE CONSTRUCTIONS DOCUMENTS, SUCH AS BRACES, STIFFENERS, MEMBER LOCATIONS, AND PROPER APPLICATION OF JOINT DETAILS AT EACH CONNECTION PERIODIC PLACEMENT OF ANCHOR RODS AND OTHER EMBEDMENTS SUPPORTING STRUCTURAL STEEL: VERIFY THE DIAMETER, GRADE, TYPE, AND LENGTH OF THE ANCHOR ROD OR EMBEDDED ITEM AND THE EXTENT OR DEPTH OF EMBEDMENT INTO THE CONCRETE PRIOR TO PLACEMENT OF CONCRETE AISC N5.8 PERIODIC REVIEW THE MATERIAL TEST REPORTS AND CERTIFICATIONS FOR STEEL COMPONENTS FOR COMPLIANCE WITH THE CONSTRUCTION DOCUMENTS, INCLUDING PRIMARY STEEL ELEMENTS, STEEL CASTINGS AND FORGINGS, FASTENERS, DECK FASTENERS, ANCHOR RODS AND THREADED RODS, WELDING CONSUMABLES, HEADED STUD ANCHORS, WELDING FILLER METAL AND FLUXES, WELDING PROCEDURE SPECIFICATIONS (WPS), PROCEDURE QUALIFICATION RECORDS FOR WPS THAT ARE NOT PREQUALIFIED, WELDING PERSONNEL QUALIFICATION RECORDS AND CONTINUITY RECORDS, FABRICATOR’S WRITTEN QUALITY CONTROL MANUAL, AND ERECTOR’S QUALITY CONTROL MANUAL 1705.2.1 AISC N5.2 PERIODIC PERFORM A ONE-TIME REVIEW OF EACH APPLICABLE ITEM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS OF STRUCTURAL STEEL CONSTRUCTION PROOF TESTING OF DEEP FOUNDATION ELEMENTS PROJECT GEOTECHNICAL REPORT PERFORM CLASSIFICATION AND TESTING OF COMPACTED FILL MATERIALS TABLE 1705.6 PROJECT GEOTECHNICAL REPORT PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF SOILS AND FOUNDATIONS AT THE TIME FRESH CONCRETE IS SAMPLED TO FABRICATE SPECIMENS FOR STRENGTH TESTS, PERFORM SLUMP AND AIR CONTENT TESTS, AND DETERMINE TEMPERATURE OF CONCRETE ASTM C172 ACI 318-14: 26.4 AND 26.12 FOR EACH SPECIMEN CONCRETE STRENGTH TEST SPECIMENS TABLE 1705.3 ASTM C31 AND C39 FOR EACH CLASS OF CONCRETE (E.G. FOOTINGS, WALLS, OR SLAB ON GRADE), ONE SET OF SPECIMENS EACH DAY OR LESSER OF: ONE SET FOR EACH 150 YDS OF CONCRETE OR ONE SET FOR EACH 5,000 SQUARE FEET OF SLABS OR WALL TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF CONCRETE CONSTRUCTION 349 APPENDIX C 350 STATEMENT OF SPECIAL INSPECTION AND TESTING NOTES: SPECIAL INSPECTIONS SHALL CONFORM TO CHAPTER 17 OF THE INTERNATIONAL BUILDING CODE (IBC), CONTRACT DOCUMENTS, AND APPROVED SUBMITTALS. THE OWNER SHALL EMPLOY ONE OR MORE APPROVED AGENCIES TO PERFORM INSPECTIONS AND TESTING DESCRIBED HEREIN. SPECIAL INSPECTIONS AND ASSOCIATED TESTING SHALL BE PERFORMED BY AN APPROVED AND ACCREDITED INDEPENDENT AGENCY MEETING THE REQUIREMENTS OF ASTM E329 (GENERAL), ASTM D3740 (SOILS), ASTM C1077 (CONCRETE), ASTM A880 (STEEL), AND ASTM E543 (NON-DESTRUCTIVE). THE INSPECTION AND TESTING AGENCY SHALL FURNISH TO THE ARCHITECT AND ENGINEER A COPY OF THEIR SCOPE OF ACCREDITATION. SPECIAL INSPECTORS SHALL BE APPROVED BY THE BUILDING OFFICIAL. WELDING INSPECTORS SHALL BE QUALIFIED PER AWS D1.1. THE CONSTRUCTION OR WORK FOR WHICH SPECIAL INSPECTION IS REQUIRED SHALL REMAIN ACCESSIBLE AND EXPOSED FOR SPECIAL INSPECTION PURPOSES UNTIL COMPLETION OF THE REQUIRED SPECIAL INSPECTIONS. THE SPECIAL INSPECTOR SHALL OBSERVE THE INDICATED WORK FOR COMPLIANCE WITH THE APPROVED CONTRACT DOCUMENTS. ALL DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR FOR CORRECTION AND NOTED IN THE INSPECTION REPORTS. ISSUES REQUIRING IMMEDIATE CORRECTIVE ACTIONS OR ENGINEERING INPUT ARE TO BE BROUGHT TO THE ENGINEER’S ATTENTION IMMEDIATELY UPON DISCOVERY. THE SPECIAL INSPECTOR SHALL FURNISH INSPECTION REPORTS FOR EACH INSPECTION TO THE BUILDING OFFICIAL, ARCHITECT, ENGINEER, CONTRACTOR, AND OWNER. THE SPECIAL INSPECTION AGENCY SHALL SUBMIT A FINAL REPORT STATING THAT THE WORK REQUIRING SPECIAL INSPECTION WAS INSPECTED, IS IN CONFORMANCE WITH THE APPROVED CONTRACT DOCUMENTS, AND THAT ALL DISCREPANCIES NOTED IN THE REPORTS HAVE BEEN CORRECTED. EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND- OR SEISMIC FORCE-RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM, OR A WIND- OR SEISMIC-RESISTING COMPONENT LISTED SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE BUILDING OFFICIAL AND THE OWNER PRIOR TO COMMENCEMENT OF WORK ON THE SYSTEM OF COMPONENT. THE CONTRACTOR’S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED HEREIN. INSPECTION FREQUENCY: A. CONTINUOUS INSPECTION: THE SPECIAL INSPECTOR SHALL BE PRESENT WHEN AND WHERE THE WORK IS BEING PERFORMED AT ALL TIMES. B. PERIODIC INSPECTION: THE SPECIAL INSPECTOR SHALL BE INTERMITTENTLY PRESENT WHEN AND WHERE THE WORK IS BEING PERFORMED. THE INSPECTOR SHALL OBSERVE THE WORK AT ITS COMMENCEMENT, AT PERIODIC INTERVALS THEREAFTER, AND WHEN THE WORK IS COMPLETED. C. OBSERVE: THE INSPECTOR SHALL OBSERVE THESE FUNCTIONS ON A RANDOM BASIS. OPERATIONS NEED NOT BE DELAYED PENDING OBSERVATIONS (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). D. PERFORM: THESE INSPECTIONS SHALL BE PERFORMED PRIOR TO FINAL ACCEPTANCE OF THE ITEM (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). E. DOCUMENT: THE INSPECTOR SHALL PREPARE REPORTS INDICATING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS (REFERENCE AISC 360 AND AISC 341 FOR ADDITIONAL INFORMATION). SPECIAL INSPECTIONS ARE NOT REQUIRED WHERE THE WORK IS DONE ON THE PREMISES OF A FABRICATOR REGISTERED AND APPROVED TO PERFORM SUCH WORK WITHOUT SPECIAL INSPECTION. APPROVAL SHALL BE BASED UPON REVIEW OF THE FABRICATOR’S WRITTEN PROCEDURAL AND QUALITY CONTROL MANUALS AND PERIODIC AUDITING OF FABRICATION PRACTICES BY AN APPROVED SPECIAL INSPECTION AGENCY. AT COMPLETION OF FABRICATION, THE APPROVED FABRICATOR SHALL SUBMIT A CERTIFICATE OF COMPLIANCE TO THE BUILDING OFFICIAL STATING THAT THE WORK WAS PERFORMED IN ACCORDANCE WITH THE APPROVED CONSTRUCTION DOCUMENTS. A. STEEL FABRICATORS AND INSTALLERS CERTIFIED THROUGH AISC COMPLY WITH THIS PROVISION. THE FABRICATOR AND OR INSTALLER MUST STILL COMPLETE AND DOCUMENT THE QUALITY CONTROL TASKS AND NON-DESTRUCTIVE TESTING OUTLINED IN AISC 360 AND AISC 341, AS APPLICABLE. TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENCOPYRIGHT 2022 12/19/2022 10:17:21 AMS0.2 ISSUE FOR PERMIT 19 DEC 22 2105CITY OF BOZEMANFIRE STATION #2575 WEST KAGY BLVD, BOZEMAN, MONTANA 59715STATEMENT OF SPECIALINSPECTIONSPRIOR TO PLACEMENT OF COMPACTED FILL, OBSERVE SUBGRADE AND VERIFY THAT THE SITE HAS BEEN PREPARED PROPERLY PERIODIC VERIFY USE OF PROPER MATERIALS, DENSITIES, AND LIFT THICKNESSES DURING PLACEMENT AND COMPACTION OF COMPACTED FILL CONTINUOUS VERIFY EXCAVATIONS ARE EXTENDED TO PROPER DEPTH AND HAVE REACHED PROPER MATERIAL PERIODIC VERIFY MATERIALS BELOW SHALLOW FOUNDATION ARE ADEQUATE TO ACHIEVE THE DESIGN BEARING CAPACITY TABLE 1705.6 GEOTECHNICAL REPORT PERIODIC BY THE GEOTECHNICAL ENGINEER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS AND TESTS OF SOILS INSPECT FORMWORK FOR SHAPE, LOCATION AND DIMENSIONS OF THE CONCRETE MEMBER BEING FORMED ACI 318: 26.11.1.2(b)PERIODIC VERIFICATION OF IN-SITU CONCRETE STRENGTH PRIOR TO REMOVAL OF SHORES AND FORMS FROM BEAMS AND STRUCTURAL SLABS PERIODIC VERIFICATION OF IN-SITU CONCRETE STRENGTH PRIOR TO STRESSING TENDONS IN POST-TENSIONED CONCRETE ACI 318: 26.11.2 PERIODIC ERECTION OF PRECAST CONCRETE MEMBERS ACI 318: 26.9 PERIODIC PRESTRESSED CONCRETE: GROUTING OF BONDED PRESTRESSING TENDONS IN THE SEISMIC FORCE RESISTING SYSTEM CONTINUOUS PRESTRESSED CONCRETE: APPLICATION OF PRESTRESSING FORCE ACI 318: 26.10 CONTINUOUS INSPECTION FOR MAINTENANCE OF SPECIFIED CURING TEMPERATURE AND TECHNIQUES ACI 318: 26.5.3-25.5.5 PERIODIC INSPECTION OF SHOTCRETE PLACEMENT FOR PROPER APPLICATION TECHNIQUES CONTINUOUS INSPECTION OF CONCRETE PLACEMENT FOR PROPER APPLICATION TECHNIQUES ACI 318: 26.5, 26.12 CONTINUOUS VERIFY USE OF REQUIRED MIX DESIGN ACI 318: CH. 19, 26.4.3, 26.4.4 PERIODIC INSPECTION OF ANCHORS POST-INSTALLED IN HARDENED CONCRETE: VERIFY ANCHOR PRODUCT NAME, TYPE, AND DIMENSIONS, HOLE DIMENSIONS, COMPLIANCE WITH DRILL BIT REQUIREMENTS, CLEANLINESS OF THE HOLE AND ANCHOR, PRODUCT EXPIRATION DATE (IF APPLICABLE), COMPLIANCE WITH MANUFACTURER'S INSTALLATION INSTRUCTIONS, ANCHOR EMBEDMENT, AND TIGHTENING TORQUE (IF APPLICABLE) FOR: b) MECHANICAL ANCHORS AND ADHESIVE ANCHORS NOT DEFINED IN a) ACI 318: 17.8.2 PRODUCT EVALUATION REPORT PERIODIC INSPECTION OF ANCHORS POST-INSTALLED IN HARDENED CONCRETE: VERIFY ANCHOR PRODUCT NAME, TYPE, AND DIMENSIONS, HOLE DIMENSIONS, COMPLIANCE WITH DRILL BIT REQUIREMENTS, CLEANLINESS OF THE HOLE AND ANCHOR, PRODUCT EXPIRATION DATE (IF APPLICABLE), COMPLIANCE WITH MANUFACTURER'S INSTALLATION INSTRUCTIONS, ANCHOR EMBEDMENT, AND TIGHTENING TORQUE (IF APPLICABLE) FOR: a) ADHESIVE ANCHORS INSTALLED IN HORIZONTALLY OR UPWARDLY INCLINED ORIENTATIONS TO RESIST SUSTAINED TENSION LOADS ACI 318: 17.8.2.4 PRODUCT EVALUATION REPORT CONTINUOUS INSPECTION OF ANCHORS CAST-IN CONCRETE TABLE 1705.3 ACI 318: 17.8.2 PERIODIC WELDING REINFORCING: OTHER STEEL NOT PREVIOUSLY LISTED PERIODIC WELDING REINFORCING: TRANSVERSE REINFORCING IN BEAMS AND COLUMNS CONTINUOUS WELDING REINFORCING: LONGITUDINAL AND TRANSVERSE REINFORCING IN BOUNDARY ELEMENTS OF SPECIAL STRUCTURAL WALLS CONTINUOUS WELDING REINFORCING: LONGITUDINAL REINFORCING IN BEAMS AND COLUMNS OF INTERMEDIATE AND SPECIAL MOMENT FRAMES CONTINUOUS WELDING REINFORCING: VERIFICATION OF WELDABILITY OF REINFORCING STEEL OTHER THAN ASTM A706 TABLE 1705.3 AWS D1.4 ACI 318: 26.6.4 PERIODIC INSPECTION OF PRESTRESSING TENDONS AND PLACEMENT PERIODIC INSPECTION OF REINFORCING STEEL AND PLACEMENT TABLE 1705.3 ACI 318: Ch. 20, 25.2, 25.3, 26.6.1-26.6.3 PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS AND TESTS OF CONCRETE CONSTRUCTION INSPECTION OF ANCHORS POST-INSTALLED IN MASONRY CONSTRUCTION. VERIFY ANCHOR PRODUCT NAME, TYPE, AND DIMENSIONS, HOLE DIMENSIONS, COMPLIANCE WITH DRILL BIT REQUIREMENTS, CLEANLINESS OF THE HOLE AND ANCHOR, PRODUCT... PERIODIC INSPECTION DURING CONSTRUCTION, VERIFICATION OF PROPORTIONS OF MATERIALS AS DELIVERED TO THE PROJECT SITE FOR PREMIXED OR PREBLENDED MORTAR, PRESTRESSING GROUT, AND GROUT OTHER THAN SELF-CONSOLIDATING GROUT NR NR R ART. 1.4B DURING CONSTRUCTION, VERIFICATION OF f’m AND f’ACC, FOR EVERY 5,000 SQ. FT. (465 SQ. M) NR NR R ART. 1.4B DURING CONSTRUCTION, VERIFICATION OF SLUMP FLOW AND VISUAL STABILITY INDEX (VSI) WHEN SELF-CONSOLIDATION GROUT IS DELIVERED TO THE PROJECT SITE NR R R ART 1.5, 1.6.3 PRIOR TO CONSTRUCTION, VERIFICATION OF f’m AND f’ACC, EXCEPT WHERE SPECIFICALLY EXEMPTED BY THE CODE NR R R ART 1.4B PRIOR TO CONSTRUCTION, VERIFICATION OF COMPLIANCE OF SUBMITTALS R R R ART. 1.5 LEVEL 1 LEVEL 2 LEVEL 3 TMS 602 MINIMUM VERIFICATION REQUIRED FOR QA REFERENCE FOR CRITERIA REMARKS SPECIAL INSPECTION OF MASONRY CONSTRUCTION MINIMUM VERIFICATION REQUIREMENTS APPENDIX A LEVEL 1 NOT PERMITTED PART 4 LEVEL 2 LEVEL 2 TMS 402-16 PART 3 OR APPENDIX B OR APPENDIX C LEVEL 2 LEVEL 3 THE QUALITY ASSURANCE PROGRAM SHALL COMPLY WITH THE LEVEL DEFINED IN TABLE3.1, DEPENDING ON HOW THE MASONRY WAS DESIGNED AND THE RISK CATEGORY, AS DEFINED IN ASCE 7 OR THE LEGALLY ADOPTED BUILDING CODE DESIGNED IN ACCORDANCE WITH RISK CATEGORY I, II OR III RISK CATEGORY IV REMARKS SPECIAL INSPECTION OF MASONRY CONSTRUCTION MINIMUM QUALITY ASSURANCE LEVEL OBSERVE PREPARATION OF GROUT SPECIMENS, MORTAR SPECIMENS, AND/OR PRISMS NR P C ART. 1.4 B.2.a.3, 1.4 B.2.b.3, 1.4 B.2.c.3, 1.4 B.3, & 1.4 B.4 LEVEL 1 LEVEL 2 LEVEL 3 TMS 402 TMS 602 INSPECTION TASK FREQUENCY REFERENCE FOR CRITERIA REMARKS SPECIAL INSPECTION TASKS DURING MASONRY TESTING PLACEMENT OF AAC MASONRY UNITS AND CONSTRUCTION OF THIN-BED MORTAR JOINTS NR C / P C ART. 3.3 B.9 & 3.3 F.1.B CONTINUOUS REQUIRED FOR THE FIRST 5000 SQ. FT. (465 SQ. METERS) OF AAC MASONRY; PERIODIC REQUIRED AFTER THE FIRST 5000 SQ. FT. (465 SQ. METERS) OF AAC MASONRY PLACEMENT OF GROUT AND PRESTRESSING GROUT FOR BONDED TENDONS IN COMPLIANCE NR C C ART. 3.5 & 3.6C APPLICATION AND MEASUREMENT OF PRESTRESSING FORCE NR C C ART. 3.6B PREPARATION, CONSTRUCTION, AND PROTECTION OF MASONRY DURING COLD WEATHER (TEMPERATURE BELOW 40 DEGREES FAHRENHEIT (4.4 DEGREES CELSIUS)) OR HOT WEATHER (TEMPERATURE ABOVE 90 DEGREES FAHRENHEIT (32.2 DEGREES CELSIUS)) NR P P ART. 1.8C & 1.8D WELDING OF REINFORCEMENT NR C C SEC. 6.1.6.1.2 TYPE, SIZE, AND LOCATION OF ANCHORS, INCLUDING OTHER DETAILS OF ANCHORAGE OF MASONRY TO STRUCTURAL MEMBERS, FRAMES, OR OTHER CONSTRUCTION NR P C SEC. 1.2.1(E), 6.2.1, & 6.3.1 SIZE AND LOCATION OF STRUCTURAL MEMBERS NR P P ART. 3.3F PLACEMENT OF MASONRY UNITS AND MORTAR JOINT CONSTRUCTION NR P P ART. 3.3B MATERIALS AND PROCEDURES WITH THE APPROVED SUBMITTALS NR P P ART. 1.5 LEVEL 1 LEVEL 2 LEVEL 3 TMS 402 TMS 602 INSPECTION TASK FREQUENCY REFERENCE FOR CRITERIA REMARKS SPECIAL INSPECTION TASKS DURING MASONRY CONSTRUCTION PROPORTIONS OF SITE-PREPARED GROUT AND PRESTRESSING GROUT FOR BONDED TENDONS NR P P ART. 2.6 B & 2.4 G.1.b PLACEMENT OF REINFORCEMENT, CONNECTORS, AND ANCHOR BOLTS NR P C SEC. 6.1, 6.3.1, 6.3.6, & 6.3.7 ART. 3.2 E & 3.4 PLACEMENT OF PRESTRESSING TENDONS AND ANCHORAGES NR P P SEC. 10.8 & 10.9 ART. 2.4 & 3.6 GROUT SPACE NR P C ART. 3.2 D & 3.2 F LEVEL 1 LEVEL 2 LEVEL 3 TMS 402 TMS 602 INSPECTION TASK FREQUENCY REFERENCE FOR CRITERIA REMARKS SPECIAL INSPECTION OF MASONRY CONSTRUCTION MINIMUM VERIFICATION REQUIREMENTS SAMPLE PANEL CONSTRUCTION NR P C ART. 1.6 D PROPERTIES OF THIN-BED MORTAR FOR AAC MASONRY NR C / P C ART. 2.1 C.1 CONTINUOUS REQUIRED FOR THE FIRST 5000 SQ. FT. (465 SQ. METERS) OF AAC MASONRY; PERIODIC REQUIRED AFTER THE FIRST 5000 SQ. FT. (465 SQ. METERS) OF AAC MASONRY PRESTRESSING TECHNIQUE NR P P ART. 3.6 B GRADE, TYPE AND SIZE OF REINFORCEMENT, CONNECTORS, ANCHOR BOLTS, AND PRESTRESSING TENDONS AND ANCHORAGES NR P P ART. 3.4 & 3.6 A GRADE AND SIZE OF PRESTRESSING TENDONS AND ANCHORAGES NR P P ART. 2.4 B & 2.4 H PROPORTIONS OF SITE-PREPARED MORTAR NR P P ART. 2.1, 2.6 A, & 2.6C LEVEL 1 LEVEL 2 LEVEL 3 TMS 402 TMS 602 INSPECTION TASK FREQUENCY REFERENCE FOR CRITERIA REMARKS SPECIAL INSPECTION TASKS AS MASONRY CONSTRUCTION BEGINS DOCUMENT ACCEPTANCE OR REJECTION OF MECHANICAL FASTENERS PERFORM VERIFY REPAIR ACTIVITIES PERFORM CHECK SPACING, TYPE AND INSTALLATION OF SUPPORT, SIDELAP AND PERIMETER FASTENERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.8 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER MECHANICAL FASTENING FASTENERS ARE INSTALLED IN ACCORDANCE WITH MANUFACTURER’S INSTRUCTIONS OBSERVE FASTENERS ARE POSITIONED AS REQUIRED 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.7 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS DURING MECHANICAL FASTENING PROPER STORAGE FOR MECHANICAL FASTENERS OBSERVE PROPER TOOLS AVAILABLE FOR FASTENER INSTALLATION OBSERVE MANUFACTURER INSTALLATION INSTRUCTIONS AVAILABLE FOR MECHANICAL FASTENERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.6 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO MECHANICAL FASTENING DOCUMENT ACCEPTANCE OR REJECTION OF WELDS PERFORM VERIFY REPAIR ACTIVITIES PERFORM WELDS MEET VISUAL ACCEPTANCE CRITERIA PERFORM VERIFY SIZE AND LOCATION OF WELDS, INCLUDING SUPPORT, SIDELAP, AND PERIMETER WELDS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.5 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER WELDING WPS FOLLOWED OBSERVE ENVIRONMENTAL CONDITIONS (WIND SPEED, MOISURE, TEMPERATURE)OBSERVE CONTROL AND HANDLING OF WELDING CONSUMABLES OBSERVE USE OF QUALIFIED WELDERS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.4 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS DURING WELDING CHECK WELDING EQUIPMENT OBSERVE MATERIAL IDENTIFICATIONS (TYPE/GRADE)OBSERVE MANUFACTURER CERTIFICATIONS FOR WELDING CONSUMABLES AVAILABLE OBSERVE WELDING PROCEDURE SPECIFICATIONS (WPS) AVAILABLE 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.3 OBSERVE TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO WELDING DOCUMENT ACCEPTANCE OR REJECTION OF INSTALLATION OF DECK AND DECK ACCESORIES PERFORM VERIFY DECK MATERIALS ARE REPRESENTED BY THE MILL CERTIFICATIONS THAT COMPLY WITH THE APPROVED CONSTRUCTION DOCUMENTS PERFORM VERIFY COMPLIANCE OF DECK AND ALL DECK ACCESSORIES INSTALLATION WITH APPROVED CONSTRUCTION DOCUMENTS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.2 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS AFTER DECK PLACEMENT DOCUMENT ACCEPTANCE OR REJECTION OF DECK AND DECK ACCESSORIES PERFORM VERIFY COMPLIANCE OF MATERIALS (DECK AND ALL DECK ACCESSORIES) WITH APPROVED CONSTRUCTION DOCUMENTS, INCLUDING PROFILES, MATERIAL PROPERTIES, AND BASE METAL THICKNESS 1705.2.2 SDI 2011 – STANDARD FOR QA/QC 1.3, APP. 1 TABLE 1.1 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION TASKS PRIOR TO DECK PLACEMENT VERIFY THAT THE TEMPORARY INSTALLATION RESTRAINT/BRACING AND THE PERMANENT INDIVIDUAL TRUSS MEMBER RESTRAINT/BRACING ARE INSTALLED IN ACCORDANCE WITH THE APPROVED TRUSS SUBMITTAL PACKAGE FOR COLD-FORMED STEEL TRUSSES SPANNING 60 FEET OR GREATER 1705.2.4 APPROVED TRUSS SUBMITTAL PERIODIC INSPECTION OF WELDING REINFORCING STEEL 1705.3.1 PER CONCRETE CONSTRUCTION TABLE 1705.3 TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF STEEL CONSTRUCTION OTHER THAN STRUCTURAL STEEL INSPECT THE FABRICATED STEEL OR ERECTED STEEL FRAME TO VERIFY COMPLIANCE WITH THE DETAILS AS SHOWN ON THE CONSTRUCTIONS DOCUMENTS, SUCH AS BRACES, STIFFENERS, MEMBER LOCATIONS, AND PROPER APPLICATION OF JOINT DETAILS AT EACH CONNECTION PERIODIC PLACEMENT OF ANCHOR RODS AND OTHER EMBEDMENTS SUPPORTING STRUCTURAL STEEL: VERIFY THE DIAMETER, GRADE, TYPE, AND LENGTH OF THE ANCHOR ROD OR EMBEDDED ITEM AND THE EXTENT OR DEPTH OF EMBEDMENT INTO THE CONCRETE PRIOR TO PLACEMENT OF CONCRETE AISC N5.8 PERIODIC REVIEW THE MATERIAL TEST REPORTS AND CERTIFICATIONS FOR STEEL COMPONENTS FOR COMPLIANCE WITH THE CONSTRUCTION DOCUMENTS, INCLUDING PRIMARY STEEL ELEMENTS, STEEL CASTINGS AND FORGINGS, FASTENERS, DECK FASTENERS, ANCHOR RODS AND THREADED RODS, WELDING CONSUMABLES, HEADED STUD ANCHORS, WELDING FILLER METAL AND FLUXES, WELDING PROCEDURE SPECIFICATIONS (WPS), PROCEDURE QUALIFICATION RECORDS FOR WPS THAT ARE NOT PREQUALIFIED, WELDING PERSONNEL QUALIFICATION RECORDS AND CONTINUITY RECORDS, FABRICATOR’S WRITTEN QUALITY CONTROL MANUAL, AND ERECTOR’S QUALITY CONTROL MANUAL 1705.2.1 AISC N5.2 PERIODIC PERFORM A ONE-TIME REVIEW OF EACH APPLICABLE ITEM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTIONS OF STRUCTURAL STEEL CONSTRUCTION ISSUE DATE DESCRIP. 351 TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENCOPYRIGHT 2022 12/19/2022 10:17:22 AMS0.3 ISSUE FOR PERMIT 19 DEC 22 2105CITY OF BOZEMANFIRE STATION #2575 WEST KAGY BLVD, BOZEMAN, MONTANA 59715STATEMENT OF SPECIALINSPECTIONSVERIFY THE TEMPORARY INSTALLATION RESTRAINT/BRACING AND THE PERMANENT INDIVIDUAL TRUSS MEMBER RESTRAINT/BRACING ARE INSTALLED IN ACCORDANCE WITH THE APPROVED TRUSS SUBMITTAL PACKAGE FOR METAL- PLATE CONNECTED WOOD TRUSSES SPANNING 60 FEET OR GREATER 1705.5.2 APPROVED TRUSS SUBMITTAL PERIODIC HIGH-LOAD DIAPHRAGMS: INSPECT THE WOOD STRUCTURAL PANEL SHEATHING FOR CONFORMANCE WITH THE APPROVED CONSTRUCTION DOCUMENTS. VERIFY THE NOMINAL SIZE OF FRAMING MEMBERS AT ADJOINING PANEL EDGES, THE NAIL OR STABLE DIAMETER AND LENGTH, THE NUMBER OF FASTENER LINES, AND THAT THE SPACING BETWEEN FASTENERS IN EACH LINE AND AT EDGE MARGINS CONFORMS TO THE APPROVED CONSTRUCTION DOCUMENTS. 1705.5.1 PERIODIC PREFABRICATED WOOD STRUCTURAL ELEMENTS AND ASSEMBLIES: INSPECTION OF FABRICATION AND IMPLEMENTATION PROCEDURES 1705.5 PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF WOOD CONSTRUCTION NAILING, BOLTING, ANCHORING, AND OTHER FASTENING OF COMPONENTS WITHIN THE SEISMIC FORCE-RESISTING SYSTEM, INCLUDING WOOD SHEAR WALLS, WOOD DIAPHRAGMS, DRAG STRUTS, BRACES, SHEAR PANELS, AND HOLD-DOWNS 1705.11.1 PERIODIC NOT REQUIRED FOR SHEARWALL OR DIAPHRAGMS WHERE FASTENER SPACING IS MORE THAN 4” ON CENTER FIELD GLUING OPERATIONS OF ELEMENTS OF THE SEISMIC FORCE-RESISTING SYSTEM 1705.11.1 CONTINUOUS TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF WOOD CONSTRUCTION FOR SEISMIC RESISTANCE ANCHORAGE OF STORAGE RACKS 8 FEET OR GREATER IN HEIGHT IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY D, E, OR F 1705.12.7 PERIODIC ANCHORAGE OF ACCESS FLOORS IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY D, E, OR F 1705.12.5.1 PERIODIC ERECTION AND FASTENING OF EXTERIOR CLADDING, INTERIOR AND EXTERIOR NONBEARING WALLS, AND INTERIOR AND EXTERIOR VENEER IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY D, E, OR F 1705.12.5 PERIODIC NOT REQUIRED FOR: EXTERIOR CLADDING, INTERIOR AND EXTERIOR NONBEARING WALLS, AND INTERIOR AND EXTERIOR VENEER 30 FEET OR LESS IN HEIGHT ABOVE GRADE OR WALKING SURFACE; EXTERIOR CLADDING AND INTERIOR AND EXTERIOR VENEER WEIGHING 5 PSF OR LESS; INTERIOR NONBEARING WALLS WEIGHING 15 PSF OR LESS TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF ARCHITECTURAL COMPONENTS FOR SEISMIC RESISTANCE INSTALLATION OF MECHANICAL AND ELECTRICAL EQUIPMNENT, INCLUDING DUCT WORK, PIPING SYSTEMS AND THEIR STRUCTURAL SUPPORTS, WHERE AUTOMATIC FIRE SPRINKER LYSTEMS ARE INSTALLED IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY C, D, E OR F TO VERIFY ONE OF THE FOLLOWING: MINIMUM CLEARANCES HAVE BEEN PROVIDED AS REQUIRED BY SECTION 13.2.3 ASCE/SEI 7 OR A NOMINAL CLEARANCE OF NOT LESS THAN 3 INCHES (76 MM) HAS BEEN PROVIDED BETWEEN FIRE PROTECTION SPRINKER SYSTEM DROPS AND SPRIGS AND: STRUCTURAL MEMBERS NOT USED COLLECTIVELY OR INDEPENDENTLY TO SUPPORT THE SPRINKLERS; EQUIPMENT ATTACHED TO THE BUILDING STRUCTURE; AND OTHER SYSTEMS’ PIPING 1705.12.6.6 ASCE 7-16 SECTION 13.2.3 PERIODIC WHERE FLEXIBLE SPRINKLER HOSE FITTINGS ARE USED, SPECIAL INSPECTION OF MINIMUM CLEARANCES IS NOT REQUIRED. INSTALLATION AND ANCHORAGE OF VIBRATION ISOLATION SYSTEMS IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY C, D, E OR F WHERE THE CONSTRUCTION DOCUMENTS REQUIRE A NOMINAL CLEARANCE OF 1/4 INCH OR LESS BETWEEN THE EQUIPMENT SUPPORT FRAME AND RESTRAINT 1705.12.6.5 PERIODIC INSTALLATION AND ANCHORAGE OF DUCTWORK DESIGNED TO CARRY HAZARDOUS MATERIALS IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY C, D, E OR F 1705.12.6.4 PERIODIC INSTALLATION AND ANCHORAGE OF PIPING SYSTEMS DESIGNED TO CARRY HAZARDOUS MATERIALS AND THEIR ASSOCIATED MECHANICAL UNITS IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY C, D, E OR F 1705.12.6.3 PERIODIC ANCHORAGE OF OTHER ELECTRICAL EQUIPMENT IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY E OR F 1705.12.6.2 PERIODIC ANCHORAGE OF ELECTRICAL EQUIPMENT FOR EMERGENCY OR STANDBY POWER SYSTEMS IN STRUCTURES ASSIGNED TO SEISMIC DESIGN CATEGORY C, D, E OR F 1705.12.6.1 PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF MECHANICAL AND ELECTRICAL COMPONENTS FOR SEISMIC RESISTANCE PROOF TESTING OF DEEP FOUNDATION ELEMENTS PROJECT GEOTECHNICAL REPORT PERFORM CLASSIFICATION AND TESTING OF COMPACTED FILL MATERIALS TABLE 1705.6 PROJECT GEOTECHNICAL REPORT PERIODIC TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF SOILS AND FOUNDATIONS AT THE TIME FRESH CONCRETE IS SAMPLED TO FABRICATE SPECIMENS FOR STRENGTH TESTS, PERFORM SLUMP AND AIR CONTENT TESTS, AND DETERMINE TEMPERATURE OF CONCRETE ASTM C172 ACI 318-14: 26.4 AND 26.12 FOR EACH SPECIMEN CONCRETE STRENGTH TEST SPECIMENS TABLE 1705.3 ASTM C31 AND C39 FOR EACH CLASS OF CONCRETE (E.G. FOOTINGS, WALLS, OR SLAB ON GRADE), ONE SET OF SPECIMENS EACH DAY OR LESSER OF: ONE SET FOR EACH 150 YDS OF CONCRETE OR ONE SET FOR EACH 5,000 SQUARE FEET OF SLABS OR WALL TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF CONCRETE CONSTRUCTION VERIFICATION OF f’m PRIOR TO CONSTRUCTION (BY THE UNIT STRENGTH METHOD) AND DURING CONSTRUCTION (BY THE PRISM METHOD) PRIOR TO CONSTRUCTION AND FOR EACH 5,000 SQUARE FEET DURING CONSTRUCTION VERIFICATION OF PROPORTIONS OF MATERIALS IN PREMIXED OR PREBLENDED MORTAR, PRESTRESSING GROUT, AND GROUT OTHER THAN SELF-CONSOLIDATING GROUT, AS DELIVERED TO THE PROJECT SITE CONTINUOUS VERIFICATION OF SLUMP FLOW AND VISUAL STABILITY INDEX AS DELIVERED TO THE PROJECT SITE FOR SELF CONSOLIDATING GROUT 1705.4 TMS TABLE 1.19.3 TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF MASONRY CONSTRUCTION LEVEL 3 QUALITY ASSURANCE VERIFICATION OF f’m BY THE PRISM METHOD (3) PRISMS FOR EACH 5,000 SQUARE FEET OF WALL AREA FROM MASONRY THAT IS AT LEAST 28 DAYS OLD. VERIFICATION OF f’m PRIOR TO CONSTRUCTION BY THE UNIT STRENGTH METHOD VERIFICATION OF SLUMP FLOW AND VISUAL STABILITY INDEX AS DELIVERED TO THE PROJECT SITE FOR SELF CONSOLIDATING GROUT 1705.4 TMS TABLE 1.19.2 TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF MASONRY CONSTRUCTION LEVEL 2 QUALITY ASSURANCE DOCUMENT ALL WELD NON-DESTRUCTIVE TESTING PERFORMED. WHEN A WELD IS REJECTED ON THE BASIS OF WELD NON-DESTRUCTIVE TESTING, THE WELD NON-DESTRUCTIVE TESTING RECORD SHALL INDICATE THE LOCATION OF THE DEFECT AND THE BASIS OF REJECTION. AISC N5.5G DOCUMENT THERMALLY CUT SURFACES OF ACCESS HOLES SHALL BE TESTED USING MAGNETIC PARTICLE TESTING OR PENETRANT TESTING, WHEN THE FLANGE THICKNESS EXCEEDS 2 INCHES FOR ROLLED SHAPES, OR WHEN THE WEB THICKNESS EXCEEDS 2 INCHES FOR BUILT-UP SHAPES. AISC M2.2 PERFORM CJP GROOVE WELD NON-DESTRUCTIVE TESTING: ULTRASONIC TESTING SHALL BE PERFORMED ON WELDS SUBJECT TO TRANSVERSELY APPLIED TENSION LOADING IN BUTT, T- AND CORNER JOINTS, IN MATERIALS 5/16 INCHES OR THICKER 1705.2 AISC N5.5.B ALL JOINTS FOR BUILDINGS IN RISK CATEGORY III OR IV BUILDINGS; 10% OF JOINTS IN RISK CATEGORY II (INCREASE OR DECREASE RATE PER AISC N5.5F AND N5.5E, AS REQUIRED) TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY TESTING OF STEEL CONSTRUCTION DOCUMENT ACCEPTANCE OR REJECTION OF STEEL ELEMENTS PERFORM PLACEMENT AND INSTALLATION OF STEEL HEADED STUD ANCHORS PERFORM PLACEMENT AND INSTALLATION OF STEEL DECK 1705.2.1 AISC TABLE N6.1 PERFORM TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS INSPECTION OF STRUCTURAL STEEL ELEMENTS OF COMPOSITE CONSTRUCTION PRIOR TO... DOCUMENT ACCEPTANCE OR REJECTION OF BOLTED CONNECTIONS 1705.2.1 AISC TABLE N5.6-3 PERFORM SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS AFTER BOLTING STRUCTURAL STEEL FASTENERS ARE PRETENSIONED IN ACCORDANCE WITH THE RCSC SPECIFICATION, PROGRESSING SYSTEMATICALLY FROM THE MOST RIGID POINT TOWARD THE FREE EDGES OBSERVE FASTENER COMPONENT NOT TURNED BY THE WRENCH PREVENTED FROM ROTATING OBSERVE JOINT BROUGHT TO SNUG-TIGHT CONDITION PRIOR TO THE PRETENSIONING OPERATION OBSERVE FASTENER ASSEMBLIES, OF SUITABLE CONDITION, PLACED IN ALL HOLES AND WASHERS (IF REQUIRED) ARE POSITIONED AS REQUIRED 1705.2.1 AISC TABLE N5.6-2 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS DURING BOLTING STRUCTURAL STEEL (NOT REQUIRED FOR SNUG-TIGHT JOINTS) PROPER STORAGE PROVIDED FOR BOLTS, NUTS, WASHERS, AND OTHER FASTENER COMPONENTS OBSERVE PRE-INSTALLATION VERIFICATION TESTING BY INSTALLATION PERSONNEL OBSERVED AND DOCUMENTED FOR FASTENER ASSEMBLIES AND METHODS USED OBSERVE CONNECTING ELEMENTS, INCLUDING THE APPROPRIATE FAYING SURFACE CONDITION AND HOLE PREPARATION, IF SPECIFIED, MEET APPLICABLE REQUIREMENTS OBSERVE PROPER BOLTING PROCEDURE SELECTED FOR JOINT DETAIL OBSERVE PROPER FASTENERS SELECTED FOR THE JOINT DETAIL (GRADE, TYPE, BOLT LENGTH IF THREADS ARE TO BE EXCLUDED FROM SHEAR PLANE) OBSERVE FASTENERS MARKED IN ACCORDANCE WITH ASTM REQUIREMENTS 1705.2.1 AISC TABLE N5.6-1 PERFORM SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS PRIOR TO BOLTING STRUCTURAL STEEL NO PROHIBITED WELDS HAVE BEEN ADDED WITHOUT THE APPROVAL OF THE EOR OBSERVE DOCUMENT ACCEPTANCE OR REJECTION OF WELDED JOINT OR MEMBER PERFORM REPAIR ACTIVITIES PERFORM BACKING REMOVED AND WELD TABS REMOVED (IF REQUIRED BY THE CONSTRUCTION DOCUMENTS)PERFORM WELD ACCESS HOLES IN ROLLED HEAVY SHAPES AND BUILT-UP SHAPES: AFTER ROLLED HEAVY SHAPES (SEE SECTION A3.1c) AND BUILT-UP HEAVY SHAPES (SEE SECTION A3.1d) ARE WELDED, VISUALLY INSPECT THE WELD ACCESS HOLE FOR CRACKS PERFORM K-AREA: WHEN WELDING DOUBLER PLATES, CONTINUITY PLATES, OR STIFFENERS HAS BEEN PERFORMED IN THE k-AREA OF ROLLED SHAPES, VISUALLY INSPECT THE WEB FOR k-AREA CRACKS WITHIN 3” OF THE WELD PERFORM ARC STRIKES PERFORM WELDS MEET VISUAL ACCEPTANCE CRITERIA: CRACK PROHIBITION, WELD/BASE-METAL FUSION, CRATER CROSS SECTION, WELD PROFILES, WELD SIZE, UNDERCUT, POROSITY PERFORM SIZE, LENGTH, AND LOCATION OF WELDS PERFORM WELDS CLEANED 1705.2.1 AISC TABLE N5.4-3 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS AFTER WELDING STRUCTURAL STEEL PLACEMENT AND INSTALLATION OF STEEL HEADED STUD ANCHORS PERFORM WELDING TECHNIQUES: INTERPASS AND FINAL CLEANING, EACH PASS WITHIN PROFILE LIMITATIONS, EACH PASS MEETS QUALITY REQUIREMENTS OBSERVE WPS FOLLOWED: SETTINGS ON WELDING EQUIPMENT, TRAVEL SPEED, SELECTED WELDING MATERIALS, SHIELDING GAS TYPE/FLOW RATE, PREHEAT APPLIED, INTERPASS TEMPERATURE MAINTAINED, PROPER WELDING POSITION OBSERVE ENVIRONMENTAL CONDITIONS: WIND SPEED WITHIN LIMITS, PRECIPITATION AND TEMPERATURE OBSERVE NO WELDING OVER CRACKED TACK WELDS OBSERVE CONTROL AND HANDLING OF WELDING CONSUMABLES: PACKAGING, EXPOSURE CONTROL 1705.2.1 AISC TABLE N5.4-2 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS DURING WELDING STRUCTURAL STEEL FIT-UP OF FILLET WELDS: DIMENSIONS (ALIGNMENT, GAPS AT ROOT), CLEANLINESS (CONDITION OF STEEL SURFACE), TACKING (TACK WELD QUALITY AND LOCATION) OBSERVE CONFIGURATION AND FINISH OF ACCESS HOLES OBSERVE FIT-UP OF CJP GROOVE WELDS OF HSS T-, Y- AND K-JOINTS WITHOUT BACKING (INCLUDING JOINT GEOMETRY): JOINT PREPARATIONS, DIMENTIONS (ALIGNMENT, ROOT OPENING, ROOT FACE, BEVEL), CLEANLINESS (CONDITION OF STEEL SURFACES), TACKING (TACK WELD QUALITY AND LOCATION) OBSERVE FIT-UP OF GROOVE WELDS (INCLUDING JOINT GEOMETRY): JOINT PREPARATION, DIMENSIONS (ALIGNMENT, ROOT OPENING, ROOT FACE, BEVEL), CLEANLINESS (CONDITION OF STEEL SURFACES), TACKING (TACK WELD QUALITY AND LOCATION), BACKING TYPE AND FIT (IF APPLICABLE) OBSERVE WELDER IDENTIFICATION SYSTEM OBSERVE MATERIAL IDENTIFICATION (TYPE/GRADE)OBSERVE MANUFACTURER CERTIFICATIONS FOR WELDING CONSUMABLES AVAILABLE PERFORM WELDING PROCEDURE SPECIFICATIONS AVAILABLE PERFORM WELDER QUALIFICATION RECORDS AND CONTINUITY RECORDS 1705.2.1 AISC TABLE N5.4-1 OBSERVE SEE NOTES FOR EXCEPTIONS WHEN WORK IS COMPLETED BY AN APPROVED FABRICATOR/ INSTALLER TASK IBC REFERENCE REFERENCE STANDARD FREQUENCY REMARKS REQUIRED SPECIAL INSPECTION TASKS PRIOR TO WELDING STRUCTURAL STEEL ISSUE DATE DESCRIP. 352 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Project Coordinator Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with TD&H Engineering for Structural Special Inspections for the Bozeman Swim Center Renovation MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with TD&H Engineering for Structural Special Inspections for the Bozeman Swim Center Renovation. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Swim Center Renovation project was approved for funding through a bond measure passed by the voters of the City of Bozeman on November 2, 2021. This work is intended to address a number of long term deficiencies in the facility's systems and extend the useful life of the building by 25 years. Included in this project is the full redesign and replacement of the HVAC system, replacement of the roof and exterior insulation finishing system, refurbishment of the swimming pool shell and finishes, installation of energy efficient lighting, and replacement of aged interior finishes such as the pool deck and natatorium ceiling. This work will replace numerous systems which are reaching the end of their useful lives and will benefit the user experience for swimmers through improved indoor air quality, enhanced user safety, and modern aesthetics. On construction projects involving structural work, Special Inspections are required to ensure the adequacy of construction materials, fabrication, and installation techniques. Special Inspections are required for building components identified in the International Building Code (IBC) when the design of these components is required to be performed by a professional engineer or architect. Inspection items include fabricators for pre- engineered structural components, fabrication processes for prefabricated wood products, as well as for materials such as: concrete, masonry, structural steel, high-load wood diaphragms, soils, and others including special cases as determined by the building official. 353 Special Inspections on this project will be performed on Structural Wood components as required by IBC. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract will incur fiscal effects totaling no more than $3,500 to be paid from the Swim Center Renovation project fund. Attachments: PSA - TD&H Engineering - Swim Center Renovation Special Inspections.pdf Report compiled on: April 6, 2023 354 Professional Services Agreement for Swim Center Renovation Special Inspections Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, TD&H Engineering, 234 E Babcock St, 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 30TH day of December, 2024, 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 355 Professional Services Agreement for Swim Center Renovation Special Inspections Page 2 of 11 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 356 Professional Services Agreement for Swim Center Renovation Special Inspections Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 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 357 Professional Services Agreement for Swim Center Renovation Special Inspections Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 358 Professional Services Agreement for Swim Center Renovation Special Inspections Page 5 of 11 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 359 Professional Services Agreement for Swim Center Renovation Special Inspections Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler – Facilities Project Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 Scott Mahurin – Structural Engineer 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 360 Professional Services Agreement for Swim Center Renovation Special Inspections Page 7 of 11 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). 361 Professional Services Agreement for Swim Center Renovation Special Inspections Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 362 Professional Services Agreement for Swim Center Renovation Special Inspections Page 9 of 11 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. 363 Professional Services Agreement for Swim Center Renovation Special Inspections Page 10 of 11 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than Five Years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: 364 Professional Services Agreement for Swim Center Renovation Special Inspections Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 365 EXHIBIT A 366 MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 April 6, 2023 Attn: Max Ziegler City of Bozeman 121 North Rouse Bozeman, MT 59718 RE: SWIM CENTER STRUCTURAL SPECIAL INSPECTIONS Dear Mr. Ziegler, Per your request TD&H has prepared a scope and fee proposal to perform Special Inspections for the Swim Center Permit 2, Phase 1 project. The fee for TD&H to perform these services is $3,500 Lump Sum. A proposed scope and a breakdown of our fees can be seen on the attached documents. We appreciate the opportunity to assist on this project and look forward to the opportunity to work with you moving forward. Please don’t hesitate to contact us with any questions you may have. Sincerely, Scott Mahurin PE/SE Structural Engineer TD&H ENGINEERING O:\Proposals \Bozeman, City of\Special Inspections Library \CMT Cost Estimate\SWIM CENTER\CITY OF BOZEMAN - SWIM CENTER INSPECTIONS.DOC 367 EXHIBIT A - SCOPE AND FEE DESCRIPTION Public Library Construction Inspection and Testing 4/06/2023 Page 1 of 1 SCOPE OF SERVICES 1. IBC Required Special Inspections and Testing • Structural Wood Inspections o Blocked and unblocked wood diaphragms where fastener spacing is less than or equal to 4” on center. ▪ Blocking and strapping connections ▪ Boundary edge and panel shear nailing size and spacing SCHEDULE AND FEE The time required for inspection, testing, and surveying is dependent on the schedule, number of trips, proficiency, and means and methods of the installing contractor. We believe the above scope is representative of the necessary inspection and testing; however, they are an estimate and may need adjustment based on actual construction sequencing. See the attached appendix for the fee breakdown. 368 EXHIBIT A - SCOPE AND FEE DESCRIPTION BOZEMAN SWIM CENTER REPAIRS 4/5/2023 1.0 Special Inspections and Testing: Structural Steel and Wood Framing Inspections 3,500.00$ 1.1 3,500.00$ Description Quantity Units Unit Price Extension 20.0 Hour 137$ 2,740.00$ Work Activity Detail Qty Units Hrs/Unit Extension Diaphragm Inspections 4 Trips 5.0 20.0 Attachment Inspections 0 Trips 5.0 0.0 4.75 Hour 160$ 760.00$ Subtotal:3,500.00$ Proposal Total:3,500.00$ Wood Diaphragm Inspections Structural Steel and Concrete Reinforcement Inspections 1.0 Special Inspections and Testing: Structural Steel and Project Manager - Engineer 4 369 Memorandum REPORT TO:City Commission FROM: John Van Delinder, Street Superintendent SUBJECT:Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Addendum to Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman entered into a one-year contract with Hydrologistics Irrigation LLC on April 13, 2021 for irrigation services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. This addendum is a request from staff to extend this contract for one-year. This extension provides for continuity of work flow and benefit to the City from experience of irrigation systems obtained by Hydrologistics. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division Budgeted $60,000 in FY23 and $100,000 in FY24 for Combined Median Maintenance and Irrigation Services. This contract is based on Time and Materials as specified in Exhibit A - Scope of Services and Exhibit B - Irrigation System Maintenance Cost. Attachments: 2023 April Second Addendum to Irrigation Maintenance PSA Exhibit A - 2023 Scope of Services Exhibit B - Irrigation System Maintenance Cost Report compiled on: April 5, 2023 370 Second Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC FY 2023 Page 1 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of ____________, 2023, 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 Hydrologistics Irrigation 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 as follows: 1. Extension of Term. Section 31 of the Professional Services Agreement between the City and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on April 13, 2024. 2. Addition still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 371 Second Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC FY 2023 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 CONTRACTOR ) By________________________________ By_____________________________ Jeff Mihelich, City Manager Josh Proff, Owner (Hydrologistics Irrigation LLC) APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 372 SCOPE OF SERVICES The scope of services includes: 1. irrigation system start up, 2. irrigation system winterization, 3. irrigation system maintenance, 4. efficient irrigation system scheduling that meets the needs of plant types in each location throughout the growing season. Seasonal watering schedules shall be approved by COB Water Conservation Division staff. The irrigation systems included in this scope of services are listed below: LOCATION ADDRESS SYSTEM TYPE City Shops Complex 814 N. Bozeman Ave. Overhead spray Water Reclamation Facility 2245 Springhill Rd. Overhead spray Valley Center Road 19th Ave. to 27th Ave. Overhead spray Cottonwood Road Babcock St. to Fallon St. Overhead spray S. 8th Avenue Main St. to College St. Subsurface drip Kagy Boulevard Willson Ave. to 7th Ave. Overhead spray Oak Street Davis Ln. to 27th Ave. Overhead spray N. 27th Avenue Oak St. to Baxter Lane Overhead spray & drip S. 27th Avenue* Blackwood St. to Kurk Dr. Overhead spray College Street 19th Ave. to Main St. Drip N. 7th Avenue Aspen St. to Villard St. Drip *Only the two southern-most medians are included in this contract Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. Irrigation system type may change as the COB installs drought tolerant landscaping in place of turf grass in new and existing medians and city owned properties. 373 Exhibit B 2023 Irrigation System Maintenance Cost Date: 4 .11.2023 City of Bozeman Public Works Contact: Marcy Yeykal Phone/email: 582-2273 /myeykal@bozeman.net Prepared by: Josh Proff TOTAL LUMP SUM BASE PRICE QUOTES for Irrigation Maintenance based on COB request with submittal date 4/11/2023 Spring Start-Up Eight Hundred Seventy-Five Dollars and 00 Cents ($875.00) (Price in Words) Startup systems in the Spring, usually late April to mid May, depending upon the weather. Install backflow protection devices removed during prior year's winterizations. Coordinate with City staff to tum on water to metered systems. Charge/pressure-test systems and run through all zones to inspect for proper operation. Change heads, nozzles, emitters, etc. as needed. Make adjustments to minimize overspray onto walkways and roads. Program controllers for water-efficient/conservation operation; set overhead spray systems to operate between 10pm and 6am; set sub-surface and drip systems to operate between 6am and 12pm. The systems will not be set to the "on" operational position until the plant water requirements need to be supplemented. Miscellaneous Repairs and Maintenance - as needed Sixty Dollars and 00 Cents per hour ($60.00/hour) (Price in Words) Monitor systems for obvious damage and/or leaks. Periodically perform thorough system run-through to check for damage or obstructions. Make adjustments to minimize overspray onto walkways and roads. Reprogram/adjust system controllers for seasonal operation. Fall Winterization One Thousand Two Hundred Dollars and 00 Cents ($1200.00) (Price in Words) Winterize systems in the Fall, usually end of September to beginning of October, depending on the weather. Coordinate with City staff to tum off water to metered systems. Blow all water out of the systems utilizing a large-capacity air-compressor. Remove backflow assemblies, as-needed, and set other backflow prevention devices to their "winterized" positions. Deactivate irrigation controllers and tum power off to well-water control panels. 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 374 Startup/Winterization breakdown: 100/100 200/300 75/100 50/50 100/200 50/50 100/150 50/50 100/150 50/50 City Shops Complex Water Reclamation Facility Valley Center Road - 19th to 27th North Cottonwood Road - Babcock to Fallon S. 8th Avenue - Main Street to Harrison Kagy Boulevard- Willson Street to 7th Oak Street - 27th to Davis South 27th Avenue - Blackwood to Kurk Drive College Street - 19th to Main Street North 7th Avenue 875 / 1200 A bit about us Hydrologistics has had the privilege to become very knowledgable about the intricacies, quirks, and general operation of the City of Bozeman Public Works Streets Department irrigation systems over the last several years. Our goal is to continually improving our service, and have streamlined our operation and maintenance of these irrigation systems. We have learned to take on an "ownership" attitude towards the systems; meaning we do an unpaid drive-by once a week during normal system operation to observe any abnormalities of the systems. We look for obvious leaks, damage, or water on.the roadways. This gives us a faster response time, usually immediate, to address any issues before the general public notices anything out of the ordinary. When made aware of issues, we are usually able to address them the same day. If not, it is our policy to prioritize them and respond within 24 hours. Catastrophic breaks (mainline leaks) are always addressed immediately. We strive to keep the landscape looking as healthy as possible while, at the same time, promoting water- efficient scheduling and best management practices. Each one of the sites listed above has its own micro-climate that must be constantly monitored and adjusted. We take into account the conditions beneath the topsoil, such as clay, cobbles, or even asphalt (Valley Center), to adjust our run-times for plant health and preventing runoff. A general "blanket" schedule for all the sites will simply not work and we pride ourselves on our ability to adapt the controllers' programs to fit its landscape water-requirements. In addition to our installation crew, we have two irrigation techs educated in landscape irrigation auditing and programming, and our owner got his Certified Irrigation Contractor certificate from the Irrigation Association in 2006. 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 375 Memorandum REPORT TO:City Commission FROM:John Van Delinder, Street Superintendent Nick Ross, Transportation & Engineering Director SUBJECT:Authorize the City Manager to Sign an Addendum to Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Addendum to Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman entered into a one-year contract with Sprout, Inc. Land & Hardscaping on April 13, 2021 for median and grounds maintenance services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division budgeted $60,000 in FY23 and $100,000 in FY24 for combined median maintenance and irrigation services. This contract is based on a time and materials maintenance proposal. Attached is the Scope of Work and Costs Associated with each Maintenance Site. Attachments: 2023 Second Addendum to Median & Grounds Maintenance PSA City Maintenance Costs 2023 2023 Attachment A Location Specific Scope of Services Report compiled on: April 5, 2023 376 Second Addendum to Professional Services Agreement for Median and Grounds Maintenance FY 2023 – FY 2024 Page 1 of 2 SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into this ____ day of ________, 2023, 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,” Sprout, Inc. Land & Hardscaping, 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 as follows: 1. Extension of Term. Section 31 of the Professional Services Agreement between the City and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on April 13, 2024. 2. Addition still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 377 Second Addendum to Professional Services Agreement for Median and Grounds Maintenance FY 2023 – FY 2024 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 CONTRACTOR (Sprout, Inc.) By________________________________ By_____________________________ Jeff Mihelich, City Manager Scott Urban, Owner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 378 City of Bozeman Maintenance Proposal: Date: 4/06/2023 Client Name: City of Bozeman, Department of Public Works Bozeman Public Works Contact: Marcy Yeykel Physical Address: 20 E. Olive St. Bozeman, MT 59715 Mailing Address: P.O. Box 1230 Bozeman, MT 59771 Phone: (406) 582-2273 List of Maintenance Sites, Scope of Work and Cost Associated with Each Site: Grounds City Shops Complex, 814 N. Bozeman Ave. Mowing one time per week $84.00 Trimming one time per week $42.00 Weed Spraying one time per year $270.00 Water Reclamation Facility, 2245 Springhill Rd. (7acres): Mowing one time per week $490.00 Trimming one time per week $225.00 Weed Spraying one per year Herbicide only $1632.00 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed as we did last year. Vehicle Maintenance shop, 1812 N. Rouse Ave. Mowing two times per month $63.00 Trimming two times per year $141.75 Weed spraying one time per year $120.00 Lower Yards, (Green Sand Shed) E. Griffin Dr. Mowing two times per Month $141.75 Trimming two times per year $47.25 Weed Spraying one time per year $200.50 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed. 379 Old Landfill, 2125 N. Rouse Ave. Mowing two times per year: $549.00 Trimming two times per year: $90.00 Weed Spraying one time per year $204.00 Medians Valley Center Road Median, between 19th and 27th: Mowing one time per week $135.00 Trimming one time per month $67.50 Weed Spraying one time per year $256.00 South Cottonwood Road Median, Between Babcock St. & Fallon St. Mowing one time per week $94.50 Trimming one time per month $42.00 Weed Spraying one time per year $234.00 South Cottonwood Road Medians, Between Babcock St. & Oak St. Mowing as needed $395.00 Trimming as needed $168.00 Weed Spraying as needed $936.00 Fowler Avenue Median: Weed spraying as needed $112.00 South 8th Avenue Median, between Main and Harrison: Mowing one time per week $160.00 Trimming two time per month $90.00 Weed Spraying one time per year $163.00 Kagy Boulevard Median, between Wilson and 7th: Mowing one time per week $45.00 Trimming one time per month $23.00 Weed Spraying one time per year $236.00 Kagy Boulevard Median, between Highland and Wilson Mowing one time per week $180.00 Trimming one time per month $80.00 Weed Spraying one time per year $730.00 Highland Boulevard Median, between Hillcrest and Holly Dr. Mowing one time per week $47.00 Trimming as needed $22.00 Weed Spraying one time per year $64.00 Davis Lane between Oak and Baxter Trimming as needed $270.00 380 Oak Street Median, between 25th and New Holland Mowing one time per week $118.50 Trimming two times per month $47.20 Oak Street Median, between 25th and Cottonwood St. Weed Spraying one time per year $2383.00 North 27th Avenue between Oak St. & Baxter Ln. Mowing 3 times per year, per mow price $155.00 Trimming 3 times per year $65.00 Trimming as needed, if trimming down whole median $360.00 Weed Spraying on turf one time per year $295.00 Pre-emergent application in beds $325.00 South 27th Avenue, between Kurk Dr. & Blackwood Rd. Mowing one time per week $75.00 Trimming one time per month $30.00 Weed Spraying one time per year $156.00 North 19th Avenue, between Durston Rd. and Beall St. Mowing one time per week $47.25 Trimming as needed $23.00 Weed Spraying as needed $166.00 Graf Street, 19th Ave to Macnab St. and north on S.11th to Student Dr. Spraying of weeds as needed $945.00 N. 7th Avenue Medians, Aspen St. to Villard St. Spring Clean-up $820.31 Cleaning up trash, cigarette butts and debris left behind from winter plowing Sweeping off all concrete and getting the pea gravel back into the beds Checking all irrigation for ant winter damage General bed clean up including weeding and raking of pea gravel Evaluation of all plants in bed Monthly Maintenance, two times per month $180.00 Garbage removal Checking irrigation and pinning down drip lines Weeding Fall Perennial Cut Back $304.00 Cutting back of all perennials and perennial grasses Making sure all beds are secure for the winter season Pre-emergent application, one time per year $426.00 381 College St. Medians, 19th to Main St. Spring Clean-up $1216.00 Cleaning up trash, cigarette butts and debris left behind from winter plowing Sweeping off all concrete and getting the pea gravel back into the beds Checking all irrigation for any winter damage General bed clean up including weeding and raking of pea gravel Evaluation of all plants in bed Monthly Maintenance, two times per month $270.00 Garbage removal Checking irrigation and pinning down drip lines Weeding Fall Perennial Cut Back $228.00 Cutting back of all perennials and perennial grasses Making sure all beds are secure for the winter season Pre-emergent application, one time per year $504.00 Note: I took the liberty of including a spring clean-up price for both the N. 7th and College Medians. Last year both medians were a mess after the snow melted. The plowing, sanding and garbage debris from 5 months of winter leaves those medians in rough shape. Two hours twice a week in April/ May will not get them back into the shape our standard of quality represents, or to the standards I think the City would like to present. Once initial clean-up is complete, regular maintenance will keep them looking good all season. Hourly Rates: Mowing & trimming $55.00 per person Garden Maintenance: Weed pulling, maintenance of native grasses/ drought tolerant plants $60.00 per person Landscaping services $65.00 per person Landscaping consultation is free when discussing current scope of work and looking at new maintenance accounts. Landscape consulting on non-contracted landscaped areas is $65.00 hr. Spraying of weds along the cracks adjacent to medians where the concrete meets the asphalt. $55.00 flat fee for up to 1000 feet, $.09 each additional foot. Please direct any questions or comments to Scott Urban, Owner/ Project Manager Phone: (406) 581- 6597 Email: sproutinclandscaping@gmail.com . 382 ATTACHMENT A: LOCATION SPECIFIC SCOPE OF SERVICES LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: GROUNDS City Shops Complex 814 N. Bozeman Ave. 1x/week 1x/week 1x/year Water Reclamation Facility 2245 Springhill Rd. 1x/week 1x/week 1x/year Vehicle Maintenance Shop 1812 N. Rouse Ave. 2x/month 2x/year 1x/year Green Sand Shed E. Griffin Dr. 2x/month 2x/year 1x/year Mowing to occur until the vegetation dies (approx. end of July) Old Landfill 2125 N. Rouse Ave. 2x/year 2x/year 1x/year The area to be mowed may be reduced in the future. MEDIANS North 7th Avenue Aspen St. to Villard St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding South 8th Avenue Main St. to College St. 1x/week 2x/month 1x/year North 19th Avenue Durston Rd. to Beall St. 1x/week As needed 1x/year North 27th Avenue Oak St. to Baxter Ln. As needed to maintain tall grass. Ideally no more than 3x per season. 1x/year pruning in the fall (cut back perennials). As needed in grass areas. 1x/year pre- emergent herbicide spraying (early spring) for perennials. Medians were landscaped in 2021. As this is the first year of maintenance, actual needs may vary but are anticipated to include work listed here. Other work for perennial beds includes (2x/month): 383 • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding South 27th Avenue Kurk Dr. to Blackwood Rd. 1x/week 1x/month 1x/year The southernmost median just north of Blackwood Rd. is not currently landscaped. Weed removal will be necessary until landscaping occurs. College Street 19th Ave. to Main St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding Cottonwood Road Between Fallon St. and Oak St. As needed As needed Multiple times to keep weeds under control Medians are not landscaped. Weed removal will be necessary until landscaping occurs. Davis Lane Oak St. to Baxter Ln. n/a As needed n/a Fowler Avenue Huffine Rd. to Garfield St. As needed Other: • Median currently contains artificial turf but turf will be removed and median will be landscaped in the near future. Maintenance needs to be determined. 384 Graf Street 19th Ave. to Macnab St. Multiple times to keep weeds under control Weed removal will be necessary on a regular basis within the medians, boulevards, and the roundabouts. Highland Boulevard Hillcrest to Holly Dr. 1x/week As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Kagy Boulevard Willson Ave. to 7th Ave. 1x/week 1x/month 1x/year Kagy Boulevard Highland Blvd. to Willson Ave. 1x/week 1x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Oak Street Cottonwood Rd. to 27th Ave. 1x/week 2x/month 1x/year Medians between New Holland Dr. and Cottonwood Rd. are not currently landscaped. Weed removal will be necessary on a regular basis until landscaping occurs. Once landscaping is installed, maintenance needs will be determined. Valley Center Road 19th Ave. to 27th Ave. 1x/week 1x/month 1x/year ADDITIONAL MAINTENCE AND SERVICES: • Spraying of weeds along cracks adjacent to medians where the concrete meets the asphalt. • Additional medians or boulevards may be added as needed. 385 Memorandum REPORT TO:City Commission FROM:Renee Boundy, Court Clerk J. Colleen Herrington, Municipal Court Judge SUBJECT:Authorize Judge J. Colleen Herrington to Sign an Amendment to the Hosted Software Service Agreement Between the City of Bozeman and Public Mental Health Corporation (PHMC) MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize Judge J. Colleen Herrington to sign the amendment to the Hosted Software Service Agreement between the City of Bozeman and Public Mental Health Corporation (PHMC). 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:The city was unable to gain access to the software for one month after the beginning of the contract period. This amendment extends the contract period for 30 days. This results in the city having access to the software for the full twelve months of the original contract. UNRESOLVED ISSUES:none ALTERNATIVES:n/a FISCAL EFFECTS:There are no fiscal effects. Attachments: PHMC Amendment.pdf Report compiled on: April 5, 2023 386 March 30, 2023 Bozeman Municipal Court 901 N. Rouse, Suite 235 Bozeman, MT 59715 RE: Amendment to Contractual Engagement for Services Rendered by Public Health Management Corporation for Bozeman Municipal Court. THIS Agreement Amendment (“AMENDMENT”), is to confirm our understanding between Public Health Management Corporation (hereafter referred to as "PHMC") and the Bozeman Municipal Court, (hereafter referred as “Bozeman MC”), to modify certain services for and on behalf of PHMC under the terms and conditions set forth in this AMENDMENT. PHMC and the Bozeman MC entered into an Agreement as of 1/20/2023 which includes the Agreement and any and all exhibits and attachments thereto (collectively, the “Agreement”); and PHMC and the Bozeman MC have agreed to amend certain terms and conditions of the Agreement, as amended, and set forth herein; THEREFORE, PHMC shall amend the Agreement as follows: To that end, for the Bozeman Municipal Court agrees to update Section 8.a License Term to read as follows: The initial Term of this Agreement shall be for a period of one (1) year commencing on 2/01/2023 and continue until 1/31/2024, at which point the Agreement will automatically renew for subsequent terms of one (1) year (each such extension or renewal, a “Renewal Term”). The parties may extend this Agreement for three (3) additional one (1) year terms. All other terms of the Agreement shall remain in full effect. Indicate your acceptance of the terms of this AMENDMENT by signing in the space provided below. Please return a signed copy of this AMENDMENT within 7 days of receipt. This AMENDMENT shall not become binding until PHMC receives a copy duly executed by you. Sincerely, BOZEMAN MUNICIPAL COURT PUBLIC HEALTH MANAGEMENT CORPORATION By: By: Name Name Title Title Date Date 387 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign and Amendment 1 to the PSA with MSI, LLC for Document Scanning and Destruction Services MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign and Amendment 1 to the PSA with MSI, LLC for Document Scanning and Destruction Services 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:On April 5, 2022, the City entered into an agreement with MSI, LLC for records scanning and destruction services. This amendment extends the term through FY24 with an updated pricing per record type. All costs incurred will be based on actual services performed. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:This agreement make no fiscal changes, in and of itself. The terms of the scope of work will include charges for services as provided based on the materials processed into digital format. The expenses are within the City Clerks' Office appropriations. Attachments: PSA Amendment 1 with MSI, LLC.docx City of Bozeman - Scope of Services FY 2023-FY2024.pdf Report compiled on: April 6, 2023 388 XXX Amendment to Professional Services Agreement for [insert from original PSA] FY 202x – FY 202x Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DOCUMENT SCANNING & DESTRUCTION SERVICES dated April 5, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, 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 MSI, 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 2 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on June 30, 2024. 2.Updated Scope of Services:The attached scope of services will provide the price for services breakdown to govern the extended term. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 389 XXX Amendment to Professional Services Agreement for [insert from original PSA] FY 202x – FY 202x 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 [INSERT CONTRACTOR NAME] By________________________________By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 390 Conversion Proposal Page 1 of 7 MSI |Business Confidential 1 Scope of Services MSI will implement a 6‐phase process to convert the City of Bozeman’s documents. Each phase will be assigned to highly trained professionals who perform these tasks daily. Phase 1: Secure Pickup + Transportation MSI will provide secure, approved transportation of all documents between the City of Bozeman offices and our facilities and will likewise return the documents (where required) to the same using secure, approved transportation. Secure transportation will include necessary and prudent measures as identified by MSI to protect the documents from unauthorized disclosure. 391 Conversion Proposal Page 2 of 7 MSI |Business Confidential 2 Phase 2: Inventory and Tracking Upon arrival of all records, MSI will log each box into a custom‐developed tracking system utilized throughout the course of the conversion project. Each box will receive a unique identification number, corresponding to all the files included within. At any moment, MSI can quickly identify where each box is located with the facility, in case of the need for a rush pull, or to track the conversion progress. Phase 3: Scan + Conversion MSI currently houses one of the largest, and most efficient scanning divisions in the United States. With state‐of‐ the‐art technology, As with every process throughout the conversion, MSI will design and document the entire scanning process and procedure. Once the custom procedure is created, the document scanning technicians will be trained on the process and protocols to be followed specifically for the City. The scanning process will be completed using only Kodak scanners to ensure there is no damage to the documents. MSI will utilize multiple Kodak scanners dedicated to this project plus a custom capture and processing network and software solution. MSI will create a custom procedure and a custom configuration to ensure that the highest degree of quality and document integrity will be maintained. Each scanner is configured per the specifications to control image reduction, size, aspect ratio, batching options, auto exposure, thresholding, and file naming conventions, just to name a few. All documents will be scanned at 300 DPI All Document will be audited and enhanced, using technology such as de‐skew, de‐speckle, image brightness change, etc. If necessary, MSI will utilize Mylar protection sleeves to scan the large format documents. Bound records will be scanned using overhead camera systems unless bindings can be disassembled, at which point the documents will be machine scanned. Document Condition – 1. The general condition of your documents to be imaged is defined as follows: 2. Combination of level 1‐2 as defined below 3. Documents will be within files or file folders, some loose papers 4. Any spiral or fixed binding will be removed during prep 5. Bands, staples, paper clips and binder clips may be present 6. All folders/documents will be in standard 1.2cf 15” document storage boxes Level 1 Document Condition ‐‐ Documents in groups of at least 30 consecutive pages or the same size paper and can be automatically fed. Each group may be separated by a single band, staple, clip, index tab, post‐it, and slip sheet or placed in a file folder or red well. 392 Conversion Proposal Page 3 of 7 MSI |Business Confidential 3 Level 2 Document Condition ‐‐ Documents in groups of 1‐30 consecutive pages, which can be automatically fed. Each group may be separated by a single band, staple, clip, index tab, post‐it, and slip sheet or placed in a file folder or red well. Computer forms in good condition. Removal from ACCO fasteners needed, minimal taping, different sized documents. Level 3 Document Condition – Though unlikely, some documents may require additional attention due to damage, ultra‐light/dark information, or odd sizes. These documents will be treated with extra care at an hourly rate. All level 3 document work will require pre‐approval from City of Bozeman prior to start of imaging. Phase 4: Document Breaking & Indexing MSI employs a multitude of document indexing personnel, very skilled at data entry. These personnel will be assigned to performing the data entry on each project. It is understood that each department may require a different set of indexing fields. MSI acknowledges that it is estimated that each set will have roughly 3 index fields per document. Here are our assumptions: Indices will be easily found on the front page of each document, no reading or searching for data within the document will be required Phase 5: Final Export + QC MSI has the capability to export scanned images to virtually any format, most commonly, Tiff or PDF. Additionally, MSI has worked with thousands of custom exports to ensure proper integration into any imaging system, such as OpenText, PaperVision®, and ImageSilo®, to name a few. The export process also includes the final step of Optical Character Recognition (OCR), which can also be ran on documents to create text‐searchable PDF/A documents. Per the request, MSI will produce: Accuracy MSI will perform a consistency check on 20% of the images, including clarity, orientation, and Output into LaserFiche format with supporting XML load file Optical Character Recognition (OCR) 300 dpi PDF Format Images Documents consist of ~20 pages per document on average Each index field is 10 or less characters 3 Index Fields Per Document rotation has a 95% accuracy (or better). Documents will be auto rotated to provide maximum readability (legible orientation). Automatic 393 Conversion Proposal Page 4 of 7 MSI |Business Confidential 4 The second half of Phase 5 is Quality Control. MSI believes heavily in complying with International Organization for Standardization ("ISO") standards for image scanning, storage and retrieval as specified in ISO 32000‐1:2008 and ISO 9660:1999. In addition, MSI follows all generally accepted standards for quality control in this industry and will adhere to the specifications set forth in City of Bozeman’s RFPAny images that do not meet our strict quality standards will be rescanned or reprocessed. MSI will make a good faith effort to obtain the best quality image. If MSI discovers poor digital images or inadequate indexing, MSI will take steps to correct the quality of the images or indexing prior to contacting City of Bozeman’s project manager. If, after such efforts, the scanned image or indexing remains below MSI's stringent standards, MSI will report the problem to City of Bozeman’s project manager following agreed upon reporting procedures and intervals. Any scanning that does not meet the quality requirements of this Proposal will be rescanned or reconverted at no cost to City of Bozeman. MSI is only responsible for rescanning defective images and any rescanned files will be provided to City of Bozeman by FTP, OneDrive, or other method as determined acceptable by City of Bozeman’s project manager. Phase 6: Delivery MSI will deliver the digital media via Secure FTP, Encrypted HDD, or any method preferred by the Project Manager at the City of Bozeman. MSI will produce a LaserFiche load file as an XML along with the images for import into LaserFiche. If desired, MSI will maintain the records at MSI’s ultra‐secure, Centennial, CO facility for a period of up to 90‐days, complimentary, during which time the City of Bozeman may perform further Quality Control prior to returning and/or destroying the documents. It is the responsibility of the City to notify MSI which documents are to be returned at the City’s cost and which documents are to be destroyed prior to pick up. 394 Conversion Proposal Page 5 of 7 MSI |Business Confidential 5 Summary Outline 1. MSI (MSI) will securely transport City of Bozeman’s records from their headquarters located in Bozeman, MT to MSI’s ultra‐secure, state‐of‐the‐art conversion facility located at 7050 S Yosemite St, Centennial, CO 80112 2. MSI will log and track all materials while in custody of them utilizing MSI’s self‐developed tracking system. 3. MSI will prepare (if necessary) any documents to ensure safety to the original record during the conversion process. This includes removal of staples, clips, and bindings, sticky notes, unrolling and unfolding of plan sets, taping tears, etc. As part of this preparation, MSI will also identify documents that are unable to be scanned. 4. MSI will convert (scan) all images using 300 DPI, Black and White. 5. MSI will work with the City to determine indexing for each specific record type and schedule. 6. MSI will export images into PDF format, drawings will be exported as both PDF and TIF. 7. MSI will include Optical Character Recognition (OCR) on the PDF 8. SI will perform a quality check of all images as they are captured digitally, including manipulations of density, brightness, skewing, and other forms of imaging enhancements. 9. MSI will work with the City of Bozeman to create a schedule and timeline of completion, including an ongoing digital delivery schedule using Secure FTP. 10. Digital deliveries will include XML files to be used to load files into LaserFiche. 11. MSI will not outsource ANY of this conversion or steps of the workflow. All work will remain in the sole custody of MSI. 12. MSI will adhere to the American National Standards Institute (ANSI) and American Society of Quality Control (ASQC) standards for quality control of all images scanned. 13. MSI will backup, maintain, and retain all converted images until the project is complete or, if applicable, notified for destruction by the City of Bozeman. 14. MSI will supply all hardware and software used in the conversion process. 15. MSI will provide monthly invoicing. 16. MSI will provide a Project Manager who will work closely with City of Bozeman’s Records Administrator to ensure all Project deliverables and objectives are met. 17. MSI will, with the authorization of City of Bozeman, destroy originals after the conversion has been completed using NAID‐Certified destruction & sanitation methods. 395 Conversion Proposal Page 6 of 7 MSI |Business Confidential 6 Estimated Volume: Field Books (Scan and Return) Planning Division (Scan and Return) Engineering (Scan and Shred) 5 Boxes 40 Boxes 150 Boxes 100 Images Per book 15 Inches 15 Inches 36 Books Per Box 1 Per Inch Large Format 25 Per Inch Large Format 175 Per Inch Regular Format 200 Per Inch Regular Format 600 Total Inches 2,250 Total Inches 600 Total Large Format 56,250 Total Large Format 105,000 Total Regular Format 450,000 Total Regular Format 18,000 Book Images $579.66 Large Format $54,343.13 Large Format $11,319 Regular Format $48,510.00 Regular Format $16,245.00 Estimated Total $11,898.66 Estimated Total $102,853.13 Estimated Total 195 Estimated Boxes *$130,996.79 Estimated Total 396 Conversion Proposal Page 7 of 7 MSI |Business Confidential 7 Price Proposal for Services All levels of document conversion pricing will include capture of documents, image enhancement, de‐skew, de‐speckle, border removal, image quality control, any necessary re‐scans, as well as formatting for City of Bozeman’s internal required format. All pricing is effective for 30 days. The quoted total image count reflects an estimation of the total project size. City of Bozeman will only be billed on actual image count statistics post‐imaging. Pricing is based on certain assumptions derived from information and volume estimates received from client. If MSI was unable to perform a sample test, prices are subject to change prior to start of job and after customer consent. Required Pricing Unit Unit Price Project Management Per Project Included Document Preparation Per Hour Included Document Scanning (Up to 8.5” x 14”) Per Image $0.1078 Large Format Scanning (Over 11” x 17”) Per Image $0.9661 Bound Book Scanning (Overhead Camera) * Per Image/Side $0.9025 OCR (Optical Character Recognition) for Full‐Text Searchable PDF’s Per Image Included Document Indexing / Data Entry* Per Hour Included Quality Control – MSI Enhanced Standards Per Hour Included Secure NAID‐Certified Document Destruction (Shred) Per lb. Included Secure Transportation of Records by MSI Personnel Per Trip 3,925.00 Secure FTP (File Transfer Protocol) or FilesAnywhere.com Delivery Per Account Included Optional Services Unit Unit Price Image by Image QC (Single Image Contrast, Brightness, Rotation, Density, etc.) Per Hour $65.00 Administrative Services (Such as technical analysis, research, additional rush pulls, etc.) Per Hour $55.00 Level 1 Re‐Assembly – Mild Re‐Prep, back on fasteners Per Image +$0.03 Level 2 Re‐Assembly – Full Re‐Prep including staples Per Image +$0.06 Boxing Service by MSI Personnel (Includes Box, Packing, & Brief Inventory) Per Box $8.00 Extended Document Storage (After 90 Days Free File Storage) Per Month Per C.F. $1.24 *Indexing Includes Up to 3 Fields (10 Characters Each) for documents having 20 pages per document or more. Data entry services that fall outside of these assumptions will be charges $9/1,000 Keystrokes. *Overhead camera scans 2 images per spread. If a book is oversized and requires a full scan for one image, that will count as 2 images, or $1.80. *Trips will incur a fee as outlined in secure transportation row. *Estimated Total Cost does not factor in transportation and will be based on the number of trips. *Estimated Total Cost does not factor Re‐Assembly and will be based on level chosen. MSI will only bill for the actual number of images that run through our process, so if some of those boxes end up being half‐full, your total would adjust accordingly. City of Bozeman acknowledges that the pricing contained in this Scope of Services is specific to those services and estimates identified herein. City of Bozeman further acknowledges that prices and the description of services may change in subsequent engagements as described in future Scope of Services. 397 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Engineer III Shawn Kohtz, City Engineer Nick Ross, Transportation & Engineering Director SUBJECT:Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Phase II Model Update. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Canyon Gate Development has submitted a preliminary plat application for review (City of Bozeman Planning Application 22264). The development is located on the northeast corner of the intersection of Bridger Canyon Drive and Story Mill Road. As part of the City’s comprehensive preliminary plat review, two elements of the City’s wastewater system were identified that required further analysis as outlined in the attached scope of services. The Canyon Gate Developer has agreed to pay for the attached scope of services and has provided payment for those services that will define any necessary improvements to the sanitary sewer system to accommodate the proposed project (Refer to Attachment A). Those services will be an extension of the City’s existing contract with Advanced Engineering and Environmental Services, Inc. to provide master planning for the City’s sanitary sewer collection system. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The negotiated scope and fee for Amendment No. 3 totals $15,580. The project will be privately funded by the HomeBase Partners development group, which is the developer for the Canyon Gate Subdivision. The developer has provided the City with payment, and sufficient funding is 398 available for the analysis. Attachments: Amendment No. 3 to Professional Services Agreement Canyon Gate Amendment No.3 - ATTACHMENT A Facility Plan Scope of Services Report compiled on: April 5, 2023 399 Page 1 of 2 Amendment No. 3 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase 2 THIS AGREEMENT is made as of this day of , 20 , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated February 24, 2020, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 3”. Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 3” and totals $15,580.00. The Consultant’s billing rates in $190/hr for its employees are included with this Attachment A. 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. CITY OF BOZEMAN Jeff Mihelich City Manager ATTEST: Mike Maas City Clerk 400 Page 2 of 2 APPROVED AS TO FORM Greg Sullivan City Attorney CONSULTANT ATTEST: By: By: Its: Operations Manager 401 ATTACHMENT A – Wastewater Collection System Phase 2 – Facility Plan SCOPE OF SERVICES – Amendment No. 3 Proposed Tasks: Modeling Condition 1: Canyon Gate Downstream Modeling Tasks: Modeling tasks under Condition 1 will assess the collection system with the Development connecting to the 10-inch gravity sewer on Story Mill Rd and downstream sewers to the North Frontage Road interceptor. These modeling tasks are intended to satisfy the third party analysis as referenced in the Recommended Condition of Approval to Application #22264, Paragraph 1 as outlined in the memorandum Canyon Gates Subdivision Preliminary Plat Application No. 22264 – Recommended Conditions of Final Plat Approval dated February 1, 2023, authored by Lance Lehigh, Interim City Engineer. Task 1.00: Review Documentation • AE2S will review the development engineer’s sewer report to ascertain planning numbers for sizing sewer infrastructure. • Estimated time: 2 hours total. Task 2.00: Review Basin Boundaries • AE2S will review the existing basin boundaries and provide updates to the City boundary files. • Estimated time: 2 hours total. Task 3.00: Model Analysis & Design Review • AE2S will run the hydraulic model with the proposed development added. o Scenario 1: AE2S will assess the existing system with the Development connecting to the 10-inch on Story Mill Rd and downstream sewers to the North Frontage Road interceptor. o Scenario 2: AE2S will assess the Development under ultimate buildout conditions. • The following parameters established in the Draft WWFPU will be used: o Domestic flow on a per-capita basis with diurnal peaking. o Base ground water inflow for Dry Weather and Wet Weather. o Design storm for assessing peak flow during wet weather. • The Design Average flow from Dry Weather and Peak flows from wet weather scenarios will be analyzed and presented. Model results will be compared to sewer capacity which is defined as the 75-percent depth to diameter ratio (0.75 d/D). If capacity is exceeded, sewer up-sizing will be determined for system buildout. • Estimated time: 8 hours total. Task 4.00: Canyon Gate Downstream Analysis Documentation • AE2S will write and deliver a technical memorandum (delivered as a pdf document). • Documentation will include: o Summarizing Development and model input parameters. o Summarize improvements required for each scenario. o Consideration for flow monitoring location during we weather periods. o Approximate available capacity in sewers analyzed for development tracking. o Estimated time: 22 hours total. Task 5.00: Facility Plan Updates • AE2S will update the facility plan model with the Canyon Gate sewer analysis. 402 • AE2S will update the facility plan documentation. • Estimated time: 12 hours total. Task 6.00: Meetings. • Four meetings are anticipated: kickoff discussions (completed), initial findings discussion, and documentation review meeting. • Estimated time: 4 hours total. Modeling Condition 2 Canyon Gate Upstream Diversion Modeling Tasks: (To be completed only if the developer proceeds with proposal to divert upstream sewage.) Modeling tasks under Condition 2 will assess the existing system with the Development connecting to the 10-inch on Story Mill Rd with upstream diversion of flow. Sewered areas south of Bridger Canyon Dr will be diverted west to Rouse Ave as proposed by the Canyon Gate development design report. These modeling tasks are intended to satisfy the third party analysis as referenced in the Recommended Condition of Approval to Application #22264, Paragraph 3 as noted in the memorandum Canyon Gates Subdivision Preliminary Plat Application No. 22264 – Recommended Conditions of Final Plat Approval dated February 1, 2023, authored by Lance Lehigh, Interim City Engineer. Task 7.00: Model Analysis & Design Review • AE2S will run the hydraulic model with the proposed development added. o Scenario 3: AE2S will assess the existing system with the Development connecting to the 10-inch on Story Mill Rd with upstream diversion of flow. Sewered areas south of Bridger Canyon Dr will be diverted west to Rouse Ave as proposed by the Canyon Gate development design report. o Scenario 4: AE2S will assess the Development under ultimate buildout conditions. • The following parameters established in the Draft WWFPU will be used: o Domestic flow on a per-capita basis with diurnal peaking. o Base ground water inflow for Dry Weather and Wet Weather. o Design storm for assessing peak flow during wet weather. • The Design Average flow from Dry Weather and Peak flows from wet weather scenarios will be analyzed and presented. Model results will be compared to sewer capacity which is defined as the 75-percent depth to diameter ratio (0.75 d/D). If capacity is exceeded, sewer up-sizing will be determined for system buildout. • Estimated time: 8 hours total. Task 8.00: Canyon Gate Upstream Diversion Analysis Documentation • AE2S will write and deliver a technical memorandum (delivered as a pdf document). • Documentation will include: o Summarizing Development and model input parameters. o Summarize improvements required for each scenario. o Consideration of flow direction for the Big Gulch drainage basin and the East Gallatin drainage basin (southeast of Bridger Dr). o Consideration for flow monitoring location during we weather periods. o Approximate available capacity in sewers analyzed for development tracking. o Estimated time: 10 hours total. Task 9.00: Facility Plan Updates • AE2S will update the facility plan model with the Canyon Gate sewer analysis. • AE2S will update the facility plan documentation. • Estimated time: 12 hours total. 403 Task 10.00: Meetings. • Four meetings are anticipated: kickoff discussions (completed), initial findings discussion, and documentation review meeting. • Estimated time: 2 hours total. Proposed Fee: The total fee for this study is not to exceed $15,580. (Based on 82 hours at Donovan’s rate of $190 per hour at Engineer III.) • Modeling Condition 1: Downstream Modeling Total Fee: $9,500 (50 hours). • Modeling Condition 2: Upstream Diversion Modeling Total Fee:: $6,080 (32 hours). Proposed Schedule: • Modeling Condition 1: Downstream Modeling Schedule: o Draft Memorandum: 30 calendar days after authorization. o Final Memorandum: returned to City within one week (after City review and comment period). • Modeling Condition 2: Upstream Diversion Modeling Schedule: o Draft Memorandum: 60 calendar days after authorization. o Final Memorandum: returned to City within one week (after City review and comment period). 404 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Park Improvement Grant Agreement with Mountain Time Arts for Public Art at City Hall MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Park Improvement Grant Agreement with Mountain Time Arts for Public Art at City Hall STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:Mountain Time Arts (MTA) is a local 501(c)(3) nonprofit, charitable organization with a mission to drive change through the cultivation of bold and engaging public art projects and programs that explore the history, culture and environment of the Rocky Mountain West and its Sovereign Nations. MTA is continuing work that began in 2020 to identify opportunities to raise awareness of and enhance Bozeman Creek as it flows through downtown Bozeman as called for in the Downtown Bozeman Improvement Plan, the Bozeman Creek Enhancement Plan, and other planning documents. After conducting public outreach, MTA has initiated a plan to reveal, interpret, and activate Bozeman Creek downtown through a series of public art projects, both temporal and permanent. The first of these projects to be realized is title Revitalize Relatives, and is planned to be installed at City Hall on Earth Day 2023. On October 17, 2005 the Bozeman City Commission appropriated $150,000 for Park Improvement Grants with the passing of the fiscal year 2023 budget. Funding of $15,000 toward the Revitalize Relatives project is recommended by the Parks and Recreation Department. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:$15,000 from Park Improvement Grant funds will be used for the project. 405 Attachments: MTA_2023GrantAgreement.docx ExhibitA_ProjectDescription.pdf ExhibitB_MTATitleTransfer.docx Report compiled on: April 6, 2023 406 FY 2023 Grant Agreement – Mountain Time Arts Page 1 CITY OF BOZEMAN GRANT AGREEMENT Park Improvement Grant for Mountain Time Arts THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman, MT 59771 (“City”) as Grantor, and Mountain Time Arts, a 501(c)(3) nonprofit, charitable organization located at 544 E. Main St, Unit B, Bozeman, MT 59715 as Grantee. The City and the Grantee may be collectively referred to as the “Parties” in this Agreement. 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, Grantee submitted a proposal to the City Commission for a grant of $15,000 for the Revitalize Relatives public art installation at City Hall (“Project”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community with an opportunity to reflect on the Indigenous history of land and water in the Gallatin Valley and the attributes of a healthy riparian corridor; and WHEREAS, the Parties understand that the public art installation has a multifunction purpose: it is art for the public to enjoy and it serves as a safety barrier for the public; therefore it is integral to the structural integrity of the bridge at City Hall; and WHEREAS, on June 28, 2022, the Commission appropriated $150,000 for Park Improvement Grants with the passing of the fiscal year 2023 budget. THE PARTIES AGREE: 1.The Grant. The City will grant and release to Grantee a sum of up to fifteen thousand dollars ($15,000) from its Park Improvements Grant Fund (the “Grant”) pursuant to the payment terms in paragraph 3. 2.Use of Grant Funds. Grant funds in the amount of up to fifteen thousand dollars ($15,000) will be used by Grantee for the sole purpose of installing artwork and materials costs as described in the proposal submitted by Grantee to the City Commission, for the Project attached hereto as Exhibit A and by this reference incorporated herein. 407 FY 2023 Grant Agreement – Mountain Time Arts Page 2 a. The “Project” is defined as an original piece of public art conceived and designed by the Grantee, as set forth in Exhibit A. b. The Project will be installed on City property (“Bridge”) which is located at City Hall, 121 N. Rouse Ave., Bozeman, MT 59771. 3.Payment of Grant Funds a. Grantee may request the Grant funds during the fiscal year ending June 30, 2023 as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Unless otherwise approved by the Director of Finance, any funds from the Grant not awarded during the fiscal year ending June 30, 2023 will remain in the City’s Park Improvements Grant Fund and will be available for other appropriation. c. The City is not obligated to pay any Grant funds unless at the time of the request for payment (i) all of Grantee’s representations as set forth in Section 4 are true and correct, and (ii) Grantee is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4.Grantee Representations a. Grantee represents and warrants that: i. The Project is an original Project by the Grantee; ii. The Grantee is the legal owner of the Project; iii. The Project does not infringe on any existing copyright; iv. The Grantee has not entered into any other assignments, transfers, licenses, contracts, or mutual understandings that conflict with the terms and obligations of this Agreement; and v. There are no copyright infringement claims currently pending or threatened, nor does the Grantee have any reason to believe that any copyright claims will be brought or threatened in the future. b. 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, and regulations that in any manner may affect Grantee’s performance under this Agreement. c. 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 408 FY 2023 Grant Agreement – Mountain Time Arts Page 3 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; and d. Grantee represents and warrants to the City that the Grant funds are necessary to accomplish the financial requirements of the Revitalize Relatives public art installation. 5.Reports/Accountability/Public Information. If Grant funds are paid to Grantee, Grantee will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. 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.Permits and Compliance with Laws.Grantee 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 the Project. 7.Title of Ownership. The City shall be the legal owner of the Project. Grantee agrees to transfer title of ownership of the Project to the City upon the completion of its installation. Grantee warrants that it has the legal right to transfer the legal title of ownership to the City. This Agreement incorporates the Transfer of Title for Work of Art, attached as Exhibit B. 8.Ownership of Copyright. The City and the Grantee acknowledge and agree that Ben Pease (“Artist”), with a mailing address of 2610 Montana Ave., Billings, MT 59101, will remain the owner of all copyright rights to the Project. 9.License Agreement.Grantee grants to The City the irrevocable right to use images of the Project in materials about or relating to the Project, and to allow other third-parties 409 FY 2023 Grant Agreement – Mountain Time Arts Page 4 associated with The City, to do so. This right applies to all media now known or later developed, including, but not limited to print, digital, television, radio, video, and internet format. This license includes the right for The City to reproduce, distribute, and publicly display the project in all forms and for any purpose. The City’s license does not invalidate or nullify the rights the Artist retains under U.S. Copyright law. Grantee agrees to indemnify, defend, and hold harmless the City against any and all claims, liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of litigation, incurred by the City for its use of this license. All reproductions by the City shall contain a credit to the Artist and the Grantee, and a copyright notice substantially in the following form: “Ben Pease and Mountain Time Arts, 2023.” The Artist and the Grantee shall give a credit reading substantially, “An Original Work Owned by the City of Bozeman.” 10.Installation of the Project. Grantee, at its expense and in consultation with The City, will arrange for the preparation and installation of the Project at City Hall on or before April 22, 2023. As further delineated in paragraph 11, The City retains the right to repair, remove, or un-install the Project at any time. 11.Maintenance, Repairs, and Alterations. The City recognizes that because the Project is attached to the City’s Bridge, maintenance of the Project is essential to ensure public safety and the structural safety of the Bridge. Upon transfer of the title, as set forth in paragraph 7, Grantor retains full discretion and responsibility to maintain and protect the Project in order to ensure public safety and the structural safety of the Bridge. The City retains the sole right to determine whether, when, and to what extent any repairs to the Project will occur. The City is not obligated to provide the Grantee notice before undertaking any repairs or modifications to the Project. However, the City shall endeavor to notify the Grantee of any proposed alteration of the Project. Grantee’s is responsible for maintaining a current contact person and contact information to receive such notice. The City is under no obligation to provide notice to the Grantee if the Grantee fails to maintain such contact information with the City. Because the Project is attached to The City’s property and has a multifunction purpose that implicates public safety and the structural safety of the Bridge, Grantee agrees to indemnify, defend, and hold harmless the City against any and all liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of litigation, incurred by the City for any and all claims raised under the Visual Artists Rights Act. Should the City determine that the removal or extraction of the Project is necessary, Grantee retains first priority to reclaim physical possession of the Project. In such an instance, Grantee is responsible for all associated costs of such removal. 410 FY 2023 Grant Agreement – Mountain Time Arts Page 5 12.Publicity. The Grantee will coordinate with the City on publicity of the Project. Publicity includes, but is not limited to, any interviews, flyers, brochures, mailings, advertisement, emails social media posts, blog posts, or verbal communications of any type, either live or pre-recorded. 13.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. 14.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. 15.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. 16.Representatives a.City’s Representative. The City’s Representatives for the purpose of this Agreement shall be Addi Jadin, Park Planning and Development Manager, and Takami Clark, Communications & Engagement Manager, or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such 411 FY 2023 Grant Agreement – Mountain Time Arts Page 6 communication or submission must be directed to the City’s Representatives and approvals or authorizations will be issued only by such Representatives; provided, however, that in exigent circumstances when City’s Representatives are 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 Jim Madden or such other individual as Grantee designates in writing. Whenever direction to or communication with Grantee is required by this Agreement, such direction or communication must be directed to Grantee’s Representative; provided, however, that in exigent circumstances when Grantee’s Representative is not available, City may direct its direction or communication to other designated Grantee personnel or agents. 17.Indemnity/Waiver of Claims/Insurance.The Grantee will bear all risk of loss and damage to the Project until title transfers to the City, as set forth in paragraph 6. 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 or any claims arising under U.S. Copyright law and the Visual Artists Rights Act . 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. 412 FY 2023 Grant Agreement – Mountain Time Arts Page 7 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. 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 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. This section shall be read in conjunction with the indemnification provisions detailed in sections 9 and 11 of this Agreement. 18.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 413 FY 2023 Grant Agreement – Mountain Time Arts Page 8 entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 19.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. 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. 21.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. 22.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. 23.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. 24.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. 25.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 26.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 414 FY 2023 Grant Agreement – Mountain Time Arts Page 9 27.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. 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: _____________ Francesca Pine-Rodriguez, Executive Director Mountain Time Arts Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman 415 FY 2023 Grant Agreement – Mountain Time Arts Exhibit A Grant Proposal 416 417 418 419 420 FY 2023 Grant Agreement – Mountain Time Arts Exhibit B: Transfer of Title for Work of Art Exhibit B: Transfer of Title - Page 1 of 2 - TRANSFER OF TITLE FOR WORK OF ART 1. Parties. This Transfer of Title (“Transfer”) for this Work of Art (“Work”) is made on this ______ day of __________________, 2023 (“Effective Date”) by and between: Transferor. Mountain Time Arts, with a mailing address of 544 E. Main Street, Unit B, Bozeman, MT 59715 (“Transferor”), and Transferee. City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Transferee”). 2. Description of the Work. The Transferor transfers title to the Transferee for the following described Work: a.Artist’s Name:Ben Pease b. Artist’s Nationality: USA c. Artist’s Birth Date:October 18, 1989 d. Title of Work: e. Date of Work:2023 f. Dimensions:Two (2) Panels: 5 ft. h x 7 ft. w each g. Value of Work:$60,000. h. Additional Information: 3. Transfer of Title. Transfer of the title for the Work and risk of loss shall pass from Transferor to Transferee upon final installation of the Work. Until title transfers, Transferor, or its agent or assignees, must maintain insurance coverage on the Work. 4. Fees; Expenses. The Transferee agrees to award Transferor $15,000.00 (fifteen thousand dollars) for the Work. Payment will occur as set forth in the City of Bozeman Grant Agreement, Park Improvement Grant for Mountain Time Arts (“Grant Agreement”), Section 3. Transferor agrees to incur all expenses including but not limited to packing, moving, and installing the Work to the City of Bozeman up until the transfer of title as set forth in Section 3 of this document. 5. Warranty. Transferor warrants and represents that: a. the Work is an original Work of authorship as described in Section 2 of this Transfer; b. the Transferor is the legal owner of the Work; 421 FY 2023 Grant Agreement – Mountain Time Arts Exhibit B: Transfer of Title for Work of Art Exhibit B: Transfer of Title - Page 2 of 2 - c. Transferor has not entered into any other assignments, transfers, licenses, contracts, or mutual understandings in conflict with the terms and obligations of the Grant Agreement; and d. There are no claims currently pending or threatened, nor does Transferor have any reason to believe that any claims will be brought or threatened in the future against Transferee’s legal right, ownership, or interest in the Work. IN WITNESS THEREOF the Transferor and Transferee have caused this Agreement to be duly executed on their behalf by a duly authorized representative as of the Effective Date set forth above. Transferor: Mountain Time Arts 544 E. Main Street, Unit B Bozeman, MT 59715 Transferor’s Signature: __________________________ Francesca Pine-Rodriguez Executive Director Transferee: City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 Transferee’s Signature: __________________________ 422 Memorandum REPORT TO:City Commission FROM:Dani Hess, Community Engagement Coordinator Takami Clark, Communication & Engagement Manager Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Extreme History Project for Equity & Inclusion Plan Development MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Extreme History Project for Equity & Inclusion Plan Development STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:The City of Bozeman seeks professional services to facilitate the development of a historical narrative as a component of the city’s Equity & Inclusion Plan. The historical narrative will focus on the history of the Gallatin Valley as told by communities of color, indigenous knowledge holders, women, LGBTQ+ individuals, people with disabilities and other marginalized groups whose stories are often left out of the dominant narrative of Bozeman’s past. The process to develop the narrative will include focus groups and conversations with historians and members of descendant communities whose expertise is in the contributions and roles of these marginalized groups in the Gallatin Valley. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the City Commission FISCAL EFFECTS:The total contract amount is not to exceed $11,040. Attachments: PSA for the Development of a Historical Overview.pdf Report compiled on: April 6, 2023 423 Professional Services Agreement for the Development of a Historical Overveiw Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS 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, The Extreme History Project, 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 one year thereafter, 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, 424 Professional Services Agreement for the Development of a Historical Overveiw Page 2 of 12 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 425 Professional Services Agreement for the Development of a Historical Overveiw Page 3 of 12 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 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 426 Professional Services Agreement for the Development of a Historical Overveiw Page 4 of 12 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 427 Professional Services Agreement for the Development of a Historical Overveiw Page 5 of 12 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 428 Professional Services Agreement for the Development of a Historical Overveiw Page 6 of 12 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 __Dani Hess__ 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 __Crystal Alegria__ 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 429 Professional Services Agreement for the Development of a Historical Overveiw Page 7 of 12 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). 430 Professional Services Agreement for the Development of a Historical Overveiw Page 8 of 12 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 431 Professional Services Agreement for the Development of a Historical Overveiw Page 9 of 12 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. 432 Professional Services Agreement for the Development of a Historical Overveiw Page 10 of 12 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 433 Professional Services Agreement for the Development of a Historical Overveiw Page 11 of 12 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 _The Extreme History Project ____ CONTRACTOR (Type Name Above) By________________________________ By______________________ ____ Jeff Mihelich, City Manager Print Name: _ Crystal Alegria____________ Print Title: __Director__________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 434 Professional Services Agreement for the Development of a Historical Overveiw Page 12 of 12 Scope of Services for the Extreme History Project Historical Overview Development 3/20/23 Project purpose: The City of Bozeman seeks professional services to facilitate the development of a historical narrative as a component of the city’s Equity & Inclusion Plan. The historical narrative will focus on the history of the Gallatin Valley as told by communities of color, indigenous knowledge holders, women, LGBTQ+ individuals, and other marginalized groups whose stories are often left out of the dominant narrative of Bozeman’s past. The process to develop the narrative will include conversations with historians and members of descendant communities whose expertise is in the contributions and roles of these marginalized groups in the Gallatin Valley. Goals and Deliverables: - Prepare for facilitated meetings with participants and knowledge holders from underrepresented communities to share and record histories. o Develop participant list o Conduct outreach to participants about the effort o Develop facilitation guide(s) - Facilitate meetings o Up to (2) meetings lasting (4) hours each - Validate and follow up with participants on what was recorded during the facilitated meetings. o Follow up correspondence with participants to ensure accurate representation of histories - Develop the historical narrative itself o Write the historical narrative to be included as a 3 page section in the Equity & Inclusion Plan - highlighting important events, themes, and turning points shared by participants in facilitated meetings Budget & Timeline: March 2023: Project Meetings with City of Bozeman staff and/or Morton Group, LLC - 5 hours x $120/hour = $600 March-April 2023: Complete Facilitation Guide which will guide interviews with stakeholders - 8 hours x $120/hour = $960 April 2023: Prepare for Stakeholder Meetings - 4 hours x $120/hour = $480 April-May 2023: Co- Facilitate Stakeholder Meetings with City of Bozeman staff, administer honorariums, order catering - 2 meetings x 4 hours each = 8 hours x $120/hour = $960 - Travel stipends and honorariums = 16 participants x $350 = $5,600 - Catering = 1 dinner workshop, 1 lunch workshop = $1000 May-June 30th 2023: Writing historical overview 3 pages (prep, content, rewrites, etc.) - 12 hours x $120/hour = $1440 Total = $11,040 Payment: The Extreme History project will submit (2) invoices via email to the City of Bozeman (c/o Dani Hess dhess@bozeman.net) to be paid by check within 30 days of receipt. Total amount to be paid is not to exceed $11,040. 435 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5490, Authorizing Prime Change Order 20 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5490, Authorizing Prime Change Order 20 with Langlas and Associates for Construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) to include additional work and credits resulting in a reduction to the GMP of $157,882.84. The change order includes additional work to complete construction at the project and the return of unused contingency. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 20 is within the approved contingency amounts and authorized project budget. Attachments: Resolution_5490 CO20.docx Prime Change Order 20_LL Signed.pdf 436 Report compiled on: April 7, 2023 437 Version April 2020 RESOLUTION 5490 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #20, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of April, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 438 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 439 440 Change Estimate Report Project:Bozeman Public Safety Center CE No:143 Project #19426 Revision # Change Source: RFI 278 Date:9/1/2022 Description:Changing Facilities Office Receptacles to Emergency Power Facilities Office Receptacles are not currently on emergency power. The operator workstation for Access Control and HVAC Controls will likely be located in this office. Should/Can these receptacles be moved from normal power to emergency power? It is my understanding that the emergency power panel is in close proximity to the panel currently feeding these receptacles, and there is capacity in this panel. Category Description Quantity Unit Unit Cost Total ADD $- 26A.2600 Changing Facilities Office Receptacles to Emergency Power 1 sum $1,137.48 $1,137.48 09B.0990 Painting of Exposed Conduit & Boxes 1 sum $300.00 $300.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $1,437.48 GC/CM Business Insurance 0.625%$8.99 CM Fee 3.2%$46.29 Bond 1.0%$14.93 TOTAL $1,507.69 441 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #MIKE OUTLETS Date:8/25/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for MIKE OUTLETS which involves material and labor to provide receptacles in Mikes office to be backed up by the generator. Note: Excludes any painting of conduit or boxes required. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 30 97.50 C 29.25 4.00C 1.20 3/4" CONN SS STL - EMT 3 106.19 C 3.19 12.50C 0.38 3/4" COUPLING SS STL - EMT 3 108.61 C 3.26 5.00C 0.15 #12 THHN SOLID BLACK 130 737.77 M 95.91 6.75M 0.88 4x 2 1/8" SQ BOX COMB KO 1 290.23 C 2.90 28.75C 0.29 4" SQ BLANK COVER 1 58.84 C 0.59 3.13C 0.03 3/4" SNAP-IN KO FILLER 2 183.58 C 3.67 2.50C 0.05 RELABELING 1 0.00E 0.00 2.00E 2.00 DEMO/REINSTALL ON NEW PANEL 1 0.00E 0.00 4.00E 4.00 FINISHED SPACE WORK 1 0.00E 0.00 2.00E 2.00 Totals 173 138.77 10.97 Summary General Materials 138.77 Material Total 138.77 JOURNEYMAN (10.97 Hrs @ $61.00) 669.17 FOREMAN @ 25%(2.74 Hrs @ $61.00) 167.14 ORIGINAL 442 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #MIKE OUTLETS Date:8/25/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Subtotal 975.08 Overhead (@ 10.000 %) 97.51 Markup (@ 5.000 %) 53.63 Subtotal 1,126.22 1% GRT (@ 1.000 %) 11.26 Final Amount $1,137.48 ORIGINAL 443 Change Estimate Report Project:Bozeman Public Safety Center CE No:147 Project #19426 Revision # Change Source: RFI 179 Date:9/23/2022 Description:Additional Unit Heater Wiring Required for Temp Control Solenoid Providing added wiring, conduit, and relay devices to close valves on 10 CUH units and 5 UH units when not calling for heat. TC provided these valves, but they are 120V and not shown to be connected. Intent is to configure each heater so valve will close. This also includes extra wires from T-Stat to each CUH-1 as the submitted equipment requires additional wiring and hook ups. Category Description Quantity Unit Unit Cost Total ADD $- 26A.2600 Unit Heater Wiring Material and Labor 1 sum $10,151.05 $10,151.05 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $10,151.05 GC/CM Business Insurance 0.625%$63.45 CM Fee 3.2%$326.87 Bond 1.0%$105.42 TOTAL $10,646.79 444 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI279.2 Date:9/2/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI279.2 which involves providing added wiring, conduit, and relay devices to close valves on 10 CUH units and 5 UH units when not calling for heat. TC provided these valves, but they are 120V and not shown to be connected. Intent is to configure each heater so valve will close. This also includes extra wires from T-Stat to each CUH-1 as the submitted equipment requires additional wiring and hook ups. Note: Valves are not very accessible, so this will take extra time. Note: Excludes any patching and any painting of conduit or flex that is exposed. Itemized Breakdown System Material($)Labor Hrs || CUH-1 3,226.13 46.41 || UH-1 329.71 21.11 Total 3,555.84 67.52 CUH-1 Description Qty Net Price U Total Mat.LaborU Total Hrs. 1/2x 6" NIPPLE - RMC - GALV 10 563.08 C 56.31 20.50C 2.05 1/2" LOCKNUT - STEEL 40 19.92 C 7.97 2.25C 0.90 #12 THHN SOLID BLACK 3,250 737.77 M 2,397.75 6.75M 21.94 #12/2C SOLID CABLE MC - ALUM ARMOR 80 437.74 M 35.02 19.00M 1.52 3/8" CONN SADDLEGRIP DC FOR FLEX / AC-90 / MC 20 103.43 C 20.69 7.50C 1.50 ORIGINAL 445 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI279.2 Date:9/2/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 1-H STRAP #14/2 & #12/2 20 19.99 C 4.00 5.75C 1.15 WIRE CONN RED 80 21.83 C 17.46 5.50C 4.40 4x 2 1/8" SQ BOX COMB KO 10 290.23 C 29.02 28.75C 2.88 4" SQ BLANK COVER 10 58.84 C 5.88 3.13C 0.31 2 1/8" DEEP HANDY BOX 1/2" KO 10 934.55 C 93.45 27.50C 2.75 HANDY BOX BLANK COVER 10 107.30 C 10.73 3.13C 0.31 ICE CUBE RELAY 10 29.78 E 297.80 0.50E 5.00 ICE CUBE RELAY BASE 10 25.00 E 250.00 0.17E 1.70 Totals 3,560 3,226.09 46.41 UH-1 Description Qty Net Price U Total Mat.LaborU Total Hrs. 1/2x 6" NIPPLE - RMC - GALV 5 563.08 C 28.15 20.50C 1.02 1/2" LOCKNUT - STEEL 20 19.92 C 3.98 2.25C 0.45 #12/2C SOLID CABLE MC - ALUM ARMOR 125 437.74 M 54.72 19.00M 2.38 3/8" CONN SADDLEGRIP DC FOR FLEX / AC-90 / MC 10 103.43 C 10.34 7.50C 0.75 1-H STRAP #14/2 & #12/2 31 19.99 C 6.20 5.75C 1.78 WIRE CONN RED 40 21.83 C 8.73 5.50C 2.20 4x 2 1/8" SQ BOX COMB KO 5 290.23 C 14.51 28.75C 1.44 4" SQ BLANK COVER 5 58.84 C 2.94 3.13C 0.16 2 1/8" DEEP HANDY BOX 1/2" KO 5 934.55 C 46.73 27.50C 1.38 HANDY BOX BLANK COVER 5 107.30 C 5.37 3.13C 0.16 11.10" Lx 0.140" W - 3.000" BUNDLE NYLON CABLE TIE 50 46.08 C 23.04 6.25C 3.13 RIB2401B RELAY 5 25.00 E 125.00 1.25E 6.25 Totals 306 329.71 21.08 Summary General Materials 3,555.80 Material Total 3,555.80 JOURNEYMAN (67.49 Hrs @ $61.00) 4,116.89 FOREMAN @ 25%(16.87 Hrs @ $61.00) 1,029.07 Subtotal 8,701.76 Overhead (@ 10.000 %) 870.18 Markup (@ 5.000 %) 478.60 Subtotal 10,050.54 1% GRT (@ 1.000 %) 100.51 Final Amount $10,151.05 ORIGINAL 446 447 Change Estimate Report Project:Bozeman Public Safety Center CE No:149 Project #19426 Revision # Change Source: Owner's Request Date:9/23/2022 Description:Computer Outlet in Evidence Processing EV COMP OUTLET which involves cutting in an outlet for evidence processing computer under coiling door not shown on plans in room 142. Category Description Quantity Unit Unit Cost Total ADD $- Labor and Materials to Add Computer Outlet 1 sum $755.14 $755.14 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $755.14 GC/CM Business Insurance 0.625%$4.72 CM Fee 3.2%$24.32 Bond 1.0%$7.85 TOTAL $792.03 448 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #EV COMP OUTLET Date:9/21/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for EV COMP OUTLET which involves cutting in an outlet for evidence processing computer under coiling door not shown on plans in room 142. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 10 97.50 C 9.75 4.00C 0.40 3/4" CONN SS STL - EMT 2 106.19 C 2.12 12.50C 0.25 3/4" COUPLING SS STL - EMT 1 108.61 C 1.09 5.00C 0.05 3/4" 1-H STRAP - RMC - STEEL 2 27.94 C 0.56 6.75C 0.14 #12 THHN SOLID BLACK 80 737.77 M 59.02 6.75M 0.54 #12/2C SOLID CABLE MC - ALUM ARMOR 15 437.74 M 6.57 19.00M 0.28 3/8" CONN SADDLEGRIP DC FOR FLEX / AC-90 / MC 2 103.43 C 2.07 7.50C 0.15 1-H STRAP #14/2 & #12/2 4 19.99 C 0.80 5.75C 0.23 4x 2 1/8" SQ BOX COMB KO 1 290.23 C 2.90 28.75C 0.29 4" SQ BLANK COVER 1 58.84 C 0.59 3.13C 0.03 2 1/8" DEEP HANDY BOX 3/4" KO 1 1,415.67 C 14.16 27.50C 0.28 BOX SUPPORT HOLD-ITS 2 876.08 C 17.52 10.00C 0.20 GROUND SCREW W/ INSUL #12 LEAD 2 8.71E 17.42 3.75C 0.07 P&S 1G DPLX REC PLATE - NYLON IVY 1 22.69 C 0.23 3.38C 0.03 P&S 20A 125V DUP REC- IVY (SG)1 2.58E 2.58 25.00C 0.25 MOBILIZATION/DEMOBILIZATION 1 0.00E 0.00 2.00E 2.00 WORK IN FINISHED SPACE 1 0.00E 0.00 1.50E 1.50 Totals 127 137.37 6.69 ORIGINAL 449 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #EV COMP OUTLET Date:9/21/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary General Materials 137.37 Material Total 137.37 JOURNEYMAN (6.69 Hrs @ $61.00) 408.09 FOREMAN @ 25%(1.67 Hrs @ $61.00) 101.87 Subtotal 647.33 Overhead (@ 10.000 %) 64.73 Markup (@ 5.000 %) 35.60 Subtotal 747.66 1% GRT (@ 1.000 %) 7.48 Final Amount $755.14 ORIGINAL 450 Change Estimate Report Project:Bozeman Public Safety Center CE No:151 Project #19426 Revision # Change Source: RFI 280 Date:9/15/2022 Description:Condensate Drain Pans for IT Rooms Install field fabricated overflow drain pans on fancoils on all IT room fancoils (FC-1, 2,3,4, and 6) The pans shall be similar to those field fabricated on FC-5 and 7. See attached. Install a 3/4" drain line from the overflow to the adjacent wall, route down wall and discharge +/-12" off floor. The pumps currently have a high water level alarm that is currently wired to shut the unit off if the pump fails or plugs. The is also a separate water detector provided with the unit. Install the detector in the overflow pan to shut the unit off should the high water level alarm fail. Category Description Quantity Unit Unit Cost Total ADD $- Install Pan below factory Condensate Pump, pipe to wall, discharge above floor 1 sum $2,846.75 $2,846.75 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $2,846.75 GC/CM Business Insurance 0.625%$17.80 CM Fee 3.2%$91.67 Bond 1.0%$29.57 TOTAL $2,985.79 451 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost Install drain, piping to above floor - FC-1,2,3,4,5,6,7 7 $55 $385.00 3 $85.00 $1,785.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $19.25 Install Drain Pans 5 $0.00 0 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials $0.00 Fabricate Drain Pans 1 $90 $90.00 2 $95.00 $190.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $4.50 $498.75 $1,975.00 3 $90.00 $270.00 $90.00 $0.00 $90.00 $0.00 $270.00 SUMMARY Materials (detail above)$498.75 Equipment Rent Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal $498.75 $74.81 Labor (detail above)$2,245.00 Subcontractors/Vendors: - - - $0.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$28.19 y TOTAL AMOUNT DUE $2,846.75 Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: Install Pan below factory Condensate Pump, pipe to wall, discharge above floor (OPTION #1) Date: 8/31/2022 Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 452 Date Issued: To:Submitted by: Attn: Email:Reference: Tel:Fax Subject: Information Requested: Potential Cost Impact Potential Sched. Impact Response Requested By: Response: Signed By:Date Answered: RFI Direction Notice: Proceed with work as noted above. Do not proceed with work. Please provide pricing for work as described above. Distribution RFI #Request For Information 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Bozeman Public Safety Center 280 ThinkOne Architects Jon Wirth jwirth@think1.com (406) 586-7020 08/23/2022 Sam Holt Langlas & Associates, Inc. CPH RFI 37 Condensate Drain Pans in IT Rooms See below from Central Plumbing and Heating. 4 4 8/24/22 Langlas & Associates- File Konnor Backer - LL Mark Dehn - LL Jon Wirth - Think1 Option #1: Install field fabricated overflow drain pans on fancoils on all IT room fancoils (FC-1, 2,3,4, and 6) The pans shall be similar to those field fabricated on FC-5 and 7. See attached. Install a 3/4" drain line from the overflow to the adjacent wall, route down wall and discharge +/-12" off floor. The pumps currently have a high water level alarm that is currently wired to shut the unit off if the pump fails or plugs. The is also a separate water detector provided with the unit. Install the detector in the overflow pan to shut the unit off should the high water level alarm fail. Option #2: Relocate the condensate pump assemblies on all unit to an adjacent wall so that assembly is not over top of data equipment. Maintain operation of high water level alarm. Please provide pricing for both options for owner review. ACE - KAW 8/29/22 453 We are requesting a drawing showing intent. Once we have a drawing we will be able to provide a cost estimate to perform this additional work. 454 FIELD INSPECTION REPORT Associated Construction Engineering Inc. will rely on these notes as the approved record of matters discussed and conclusions reached unless written notice is received by A.C.E. within ten calendar days of the issue date of these notes. x12 N. Broadway, 2nd Fl., Belgrade, Montana 59714 406-388-3320 (phone), 406-388-3389 (fax) PROJECT NAME: Bozeman Public Safety Center PROJECT NUMBER: 19BZ4921 DATE OF INSPECTION: 08/10/2022 FIELD INSPECTOR: Kip Weeda, Darin van Oosterhout Construction Inspection x Substantial Completion ☐ Final Inspection ☐ Warranty Inspection FIELD NOTES: Provide final test and balance reports Provide O&M manuals Provide as-built documents CLEAN ALL EQUIPMENT, PANELS, ETC BOTH INSIDE AND OUT, REMOVE ANY NON-ESSENTIAL PAPERWORK, PARTS, GARBAGE FROM EQUIPMENT, UTILIZE CANNED AIR TO CLEAN CONTROL BOARDS, DRIVES, ELECTRONIC DEVICES Seal all exposed ends of pipe insulation, insulate all chilled water components, Provide new filters for all air handlers Relocate condensate pumps and provide additional drain pans for all IT unit condensate removal See attached for specific items in addition to the general items listed above END 455 456 Change Estimate Report Project:Bozeman Public Safety Center CE No:152 Project #19426 Revision # Change Source: PR 37 Date:9/26/2022 Description:Stair 3 Security Sheet T005: Updated the access control door schedule to include door S-226.3 Sheet T-101b: Deleted the camera in Water M-124 and added an exterior camera outside of door S-126.1. (Relocate camera) Sheet T-102b: Added two card readers and a door monitor to door S-226.3, and added work note T76 describing the sequencing of this door. Category Description Quantity Unit Unit Cost Total ADD $- Camera Room M-124 1 sum $675.00 $675.00 Camera Vestibule S126.1 1 sum $845.00 $845.00 Card Readers, Door Position Switch, & Panel Hardware 1 sum $2,290.00 $2,290.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $3,810.00 GC/CM Business Insurance 0.625%$23.82 CM Fee 3.2%$122.69 Bond 1.0%$39.57 TOTAL $3,996.08 457 Page 1 of 3 September 21, 2022 To: Langlas & Associates – Mark Dehn From: Daren Nelson Regarding: PR37 – Bozeman Public Safety Center LONG is pleased to provide the attached change request, subject existing to project terms and conditions. Security – Bid Package 28A – Access Control and Video Surveillance 1.) Sheet T-101b: Delete the camera in water M-124 and add exterior camera outside of door S- 126.1. The existing camera in M-124 is not exterior rated and will need to be replaced with exterior rated camera. The existing camera will be relocated to Secure 260C as discussed; an additional camera will be added to RR Secure RR-260. Breakdown as follows: Room M-124 – $675.00 To be relocated: 1 - AXIS M3065 – Mini Dome to Secure 260C Data Cable is already in place. To be added: 1 – AXIS M3065 – Mini Dome to RR-260 Data Cable is already in place. Vestibule S126.1 - $845.00 To be added: 1 - AXIS M3206-LVE 4MP – Exterior Dome Cable and raceway installation. 458 Page 2 of 3 2.) Sheet T-102b: Add two card readers and a door monitor to door S-226.3 and add sequencing of this door. Breakdown as follows: Door S-226.3 - $2,290.00 Add (2) Card Readers, Door Position Switch and Panel Hardware Cable and Raceway – Due to grouted frames in CMU, it is most likely not feasible to route wire inside door frame. LONG will investigate and hide cable in frames if possible but may resort to surface mount raceways to accommodate. If surface raceway is the only option, we will install raceway in the stairwell side as to not disturb finished surfaces on the public side. Total Net Price of all Changes $3,810.00 Current Subcontract Total $297,818.00 Revised Subcontract Total $301,628.00 This proposal valid for 90 days from date of issuance Customer Acceptance: The party by signing below hereby agrees to the above scope of work proposal and attached terms and conditions and intends to be legally bound thereby, subject to credit approval by LONG. Notwithstanding any statue, regulation, or other rule of law, a signature provided by facsimile or other electronic copy will be deemed to be an original signature. By: ____________________________________ Purchase Order #: __________________________ (Company) Name: __________________________________Title: _____________________________________ Signature: _______________________________Date: _____________________________________ Thank you, Daren Nelson 459 Page 3 of 3 460 Change Estimate Report Project:Bozeman Public Safety Center CE No:153 Project #19426 Revision # Change Source: Owner's Request Date:11/7/2022 Description:Install Sound Absorbing Panels in Secure Holding Areas Category Description Quantity Unit Unit Cost Total ADD $- 06A.0610 Sound Absobing Panel Material Provided 06A.0610 Carpenter Labor 8 mh $67.00 $536.00 06A.0610 Misc. Materials 1 sum $100.00 $100.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $636.00 GC/CM Business Insurance 0.625%$3.98 CM Fee 3.2%$20.48 Bond 1.0%$6.61 TOTAL $667.07 461 Change Estimate Report Project:Bozeman Public Safety Center CE No:154 Project #19426 Revision # Change Source: Owner's Request Date: Description:Additional Wall Protection at PD Card Readers and Boot Cleaning Category Description Quantity Unit Unit Cost Total ADD $- 10A.1010 Inpro Wall Protection Materials 1 sum $1,006.61 $1,006.61 06A.0610 Carpenter Labor 8 mh $67.00 $536.00 06A.0610 Misc. Materials 1 sum $30.00 $30.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $1,572.61 GC/CM Business Insurance 0.625%$9.83 CM Fee 3.2%$50.64 Bond 1.0%$16.34 TOTAL $1,649.42 462 Inpro Corporation S80 W18766 Apollo DriveMuskego WI 53150United States Page: Invoice No. Invoice Date: Customer No. F.O.B. Credit: Fax: 1 of 1 2149444 11/02/2022 359427 FACTORY 262-682-5167 262-679-5534 Bill To Ship To Langlas & Associates1019 E Main StSte 101Bozeman MT 59715United States LANGLAS & ASSOCIATES1019 E MAIN STSTE 101 - Attn: Sam HoltBOZEMAN MT 59715United States Federal ID No: 39-1455053 Ship Date PO #Ship Via Order Date Order No.Terms 11/02/2022 19426 UPS Ground 10/31/2022 1694798 2% 10 Net 30 Days Special Instructions:QP-513922 IPC - Bozeman Public Safety Center - Rub Subtotal $716.40 Shipping Cost $290.21 Tax Total (%)$0.00 Total $1,006.61 Quantity Item Ordered Shipped Back Ordered 2 2 0 600 Adhesive 1 Gallon Freeze-Thaw StableAdhesive 1 Gallon Yields appx (4) 4' x 8' shts 2 2 0 585 Fast Fill Caulk 10.3oz Tube (Pick Resistant)Fast Fill Caulk 10.3oz Tube (Pick Resistant) Castle 8 8 0 407 8' Top Cap407 8' Top Cap Castle 3 3 0 406 .060, 4' x 8' SheetStandard .060 4' x 8' Sheet Castle 2 2 0 408 8' Vertical Divider Bar 408 8' Vertical Divider Bar Castle 1 1 0 409 8' Inside Corner 409 8' Inside Corner Castle . Notes 463 Change Estimate Report Project:Bozeman Public Safety Center CE No:155 Project #19426 Revision # Change Source: PR 40 Date:11/28/2022 Description:Additional Corner Protection in FD area Not charging for SS corner guards in corridor as they were indicated a SS in contact documents. Category Description Quantity Unit Unit Cost Total ADD $- 10A.1010 3.5"x3.5" Stainless Steel Corner Guards 5 ea $177.43 $887.15 06A.0610 Carpenter Labor 2 mh $67.00 $134.00 06A.0610 Misc. Materials 1 sum $50.00 $50.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $1,071.15 GC/CM Business Insurance 0.625%$6.70 CM Fee 3.2%$34.50 Bond 1.0%$11.13 TOTAL $1,123.48 464 November 28, 2022 TO: MARK DEHN LANGLAS & ASSOCIATES 1019 East Main Street Bozeman, MT 59715 RE: Bozeman Public Safety Building Bozeman, MT PR #40 Mark, Thank you for the opportunity to quote the following: ESCALATION CLAUSE: This bid is based on current material prices. Due to unstable pricing any purchase order or contract for this work must allow for early shipment (storage by others) or include a price escalation clause that provides equitable price adjustment based on the date the product is released for fabrication. We will provide a letter from the factory to substantiate any price increase. SECTION 10 26 00 – WALL and DOOR PROTECTION as manufactured by JSM: 7 – Stainless steel corner guards, 3.50” x 3.50” x 86” $ 1,242.00 Terms: All items are quoted F.O.B. factory, full freight allowed to jobsite. Installation, blocking, or field verification are not included unless specifically noted. Please consider the above prices valid for thirty (30) days only Where credit has been established, net 30 days, 1-½% interest will be charged per month on any balance after 30 days. Interest, re-billing fees, attorney fees, and any other costs associated to the collection of past due accounts will be added. Prices do not include state, federal taxes or TERO taxes unless noted. Sincerely, DuPREE BUILDING SPECIALTIES of MT Carl W. Rose carl@dupreebldgspec.com ACCEPTED BY: _________________________________________ DATE: ________________ 465 Change Estimate Report Project:Bozeman Public Safety Center CE No:156 Project #19426 Revision # Change Source: Owner's Request Date:11/7/2022 Description:Install Urinal Screen in RR-165 Category Description Quantity Unit Unit Cost Total ADD $- 10A.1010 42" Urinal Screen 1 ea $458.00 $458.00 06A.0610 Carpenter Labor 3 mh $67.00 $201.00 06A.0610 Misc. Materials 1 sum $30.00 $30.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $689.00 GC/CM Business Insurance 0.625%$4.31 CM Fee 3.2%$22.19 Bond 1.0%$7.16 TOTAL $722.66 466 Invoice Date 11/8/2022 Invoice # 23212 LC Bill To LANGLAS & ASSOCIATES 1019 EAST MAIN STREET, SUITE 101 BOZEMAN, MT 59715 Ship To Montana Doorways Plus Inc. 330 Skyway Blvd. Belgrade, MT 59714 P.O. Number Terms Net 30 Due Date 12/8/2022 Account # LA100 Phone #(406) 388-7995 Fax #(877) 732-5053 Total Balance Due Payments/Credits Item Code DescriptionQuantity Price Each Amount Bozeman Public Safety Center Toilet Compart... 42" urinal screen1 458.00 458.00 Thank you for your business! A finance charge of 1.5% will be charged on all overdue accounts past 30 days. $458.00 $458.00 $0.00 467 Change Estimate Report Project:Bozeman Public Safety Center CE No:157 Project #19426 Revision # Change Source: Allowance Log Date:11/16/2022 Description:Temporary Construction Fence Allowance Reconciliation Category Description Quantity Unit Unit Cost Total ADD $- 01F.0156 Final Temporary Fence Expenditure 1 sum $30,822.00 $30,822.00 $- $- $- $- $- $- $- $- DEDUCT $- 01F.0156 Original Temporary Fence Allowance (1)sum $30,822.00 $(30,822.00) $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $- GC/CM Business Insurance 0.625%$- CM Fee 3.2%$- Bond 1.0%$- TOTAL $- 468 Allowance Spending Report Project:Bozeman Public Safety Center Allowance No:3 Project #19426 Date Updated:11/28/2022 Description:Temporary Construction Fence Starting Allowance Amount: $30,822.00 Category Description Quantity Unit Unit Cost Total ADD $- 01F.0156 Big Sky Fence Inv. 1106 1 sum $9,962.00 $9,962.00 01F.0156 Big Sky Fence Inv. 1129 1 sum $500.00 $500.00 01F.0156 Big Sky Fence Inv. 1131 1 sum $1,000.00 $1,000.00 01F.0156 Big Sky Fence Inv. 1140 1 sum $860.00 $860.00 01F.0156 Big Sky Fence Inv. 1153 1 sum $2,120.00 $2,120.00 01F.0156 Big Sky Fence Inv. 1155 1 sum $3,260.00 $3,260.00 01F.0157 Big Sky Fence Inv. 1168 1 sum $750.00 $750.00 01F.0156 Big Sky Fence Inv. 1174 1 sum $2,655.00 $2,655.00 01F.0156 Big Sky Fence Inv. 1215 1 sum $480.00 $480.00 01F.0156 Big Sky Fence Inv. 1294 1 sum $900.00 $900.00 01F.0156 Big Sky Staffing Inv 2360 1 sum $416.32 $416.32 01F.0156 Big Sky Staffing Inv 2453 1 sum $208.16 $208.16 01F.0156 Big Sky Fence Inv. 1324 1 sum $1,250.00 $1,250.00 01F.0156 Big Sky Fence Inv. 1345 1 sum $6,460.52 $6,460.52 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- TOTAL $30,822.00 469 Change Estimate Report Project:Bozeman Public Safety Center CE No:158 Project #19426 Revision # Change Source: Allowance Log Date: Description:Bid Package 1B - Final Clean Allowance Reconciliation Category Description Quantity Unit Unit Cost Total ADD $- 01E.0175 Final Bid Package 1B - Final Clean Expenditure 1 sum $107,278.95 $107,278.95 $- $- $- $- $- $- $- $- DEDUCT $- 01E.0175 Original Bid Package 1B - Final Clean Allowance (1)sum $138,205.00 $(138,205.00) $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $(30,926.05) GC/CM Business Insurance 0.625%$(193.29) CM Fee 3.2%$(995.82) Bond 1.0%$(321.16) TOTAL $(32,436.32) 470 Allowance Spending Report Project:Bozeman Public Safety Center Allowance No:1 Project #19426 Date Updated:11/28/2022 Description:Bid Package 1B - Final Clean Starting Allowance Amount: $138,205 Category Description Quantity Unit Unit Cost Total ADD $- 01E.0175 Redwood Cleaning 1 sum $65,050.00 $65,050.00 7/26/22 Logan Middleton 40 mh $46.00 $1,840.00 7/26/22 Logan Middleton 11 OT mh $64.50 $709.50 QFP-West, LLC 1 sum $7,105.90 $7,105.90 Amber Coleman 1 sum $7,522.10 $7,522.10 Red Wood Cleaning - Add'l Cleaning of Area A 1 sum $7,665.70 $7,665.70 8/10/22 Brandon Moes 41 mh $46.00 $1,886.00 8/10/22 Brandon Moes 12 OT mh $64.50 $774.00 Redwood Cleaning - Add'l Cleaning of Area D 1 sum $2,835.00 $2,835.00 8/24/22 Brandon Moes 62 mh $46.00 $2,852.00 8/24/22 Brandon Moes 9.5 OT mh $64.50 $612.75 Redwood Cleaning - Add'l Cleaning of Area D 1 sum $210.00 $210.00 9/7/2022 Brandon Moes 38.5 mh $46.00 $1,771.00 9/7/2022 Brandon Moes 6 OT mh $64.50 $387.00 8/12/2022 Snow Shovel LLC (Parking Lot Sweeping)1 sum $1,200.00 $1,200.00 9/21/2022 Brandon Moes 60 mh $46.00 $2,760.00 9/21/2022 Brandon Moes 4 OT mh $64.50 $258.00 9/30/2022 Brandon Moes 40 mh $46.00 $1,840.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- TOTAL $107,278.95 471 Change Estimate Report Project:Bozeman Public Safety Center CE No:159 Project #19426 Revision # Change Source: 0 Date:11/28/2022 Description:Return of Unused Construction Contingency Category Description Quantity Unit Unit Cost Total DEDUCT FROM CONTINGENCY $- 27B.2740 Return of Unused Construction Contingency 1 sum $163,424.43 $163,424.43 $- $- DEDUCT FROM PRIME CONTRACT $- Return of Unused Construction Contingency (1)sum $163,424.43 $(163,424.43) $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $- GC/CM Business Insurance $- CM Fee $- Bond $- TOTAL $- 472 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Consideration of Approval of the Canyon Gate Major Subdivision Preliminary Plat, Project 22264 (Quasi-Judicial) MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, the Planning Board's recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary Plat with conditions and all applicable code provisions. 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 Department of Community Development received a Preliminary Plat Application for the Canyon Gate project on August 24, 2022 requesting to subdivide a 24.14 acre Tract into 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B-2M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot zoned REMU; along with dedicated street rights-of-way. This Tract of land was annexed into the City and was granted the four zoning designations, B-2M, R-3, R-5, and REMU [shown in Figure 2], in April 2022 (Project No. 21337). On February 13, 2023, the Development Review Committee (DRC) found the subdivision preliminary plat application sufficient for continued review and approval with the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The final decision for this major subdivision preliminary plat must be made 473 within 60 working days of its being deemed adequate for further review, or by May 1, 2023. On April 3, 2023, the Planning Board recommended approval of the preliminary plat with conditions and code provisions. In that motion, passed unanimously, the Board urged the Applicant to meet with neighbors prior to the April 18th Commission public hearing on the subdivision. The Applicant will describe his efforts in this regard at the April 18th hearing. UNRESOLVED ISSUES:One as noted in the staff report regarding a road connection from the Canyon Gate Blvd. internal street to Northview Street in the Legends II Subdivision to the east. ALTERNATIVES:As presented in the staff report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to provide municipal services to the property. Attachments: 22264 Canyon Gate PP CC staff rpt 04 11 23.pdf 005 C0.2 PLAT SUMMARY SHEET.pdf Report compiled on: April 12, 2023 474 Page 1 of 37 22264; City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat. Public Meeting/Hearing Dates: Planning Board public meeting - Monday, April 3, 2023, at 6:00 pm. City Commission public hearing - Tuesday, April 18, 2023, at 6:00 pm Project Description: A major subdivision preliminary plat of a 24.14-acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 private open space lot; along with dedicated street rights-of-way. Property Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No. 2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624. Project Location: The property is addressed as 980 Story Mill Road, located within portions of the SW 1/4 of S32, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT Development Review Committee Finding: The application conforms to standards and is sufficient for approval with conditions and applicable code provisions. Planning Board Review: On April 3, 2023, the Planning Board reviewed this application for conformance with the City’s Growth Policy. Their comments are noted in Attachment A to this report. They passed a Motion to approve, with a recommendation that the Applicant meets with the neighbors before the April 18, 2023, City Commission meeting, by unanimous 7 to 0 vote. City Commission Motion: “Having reviewed and considered the application materials, public comment, the Planning Board’s recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” Report Date: April 11, 2023 Staff Contact: Susana Montana, Senior Planner; Ross Knapper, Development Review Coordinator Mikaela Schultz, Project Engineer Agenda Item Type: Action (Quasi-judicial) 475 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 2 of 37 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comments received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Developer Viewer at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157 A compilation of public comments received to date is attached to the agenda item. Should additional written public comments be received they will be included in the City’s Laserfiche file and available to the public at: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN Unresolved Issues. There is one unresolved issue related to this preliminary plat application: Internal connection to Northview Street to the east. The Planning Board unanimously passed a Motion urging the Applicant to meet with neighbors, including neighbors of the abutting Legends at Bridger Creek Subdivision Phase II subdivision, to seek an easement over Legends HOA open space lands to connect Canyon Gate Boulevard within the subject subdivision to Northview Street lying within the Legends II Subdivision (see Figures 6 and 7). This Northview Street connection from the eastern terminus of Canyon Gate Blvd. would provide more direct/efficient access to Bridger Drive, a principal arterial roadway. It would also facilitate travel between the two adjacent subdivision neighborhoods. The City understands that a connection from the Canyon Gate subdivision to Northview Street would optimize connectivity and would, overall, reduce travel time, reduce potential traffic conflicts on other neighborhood streets with pedestrians of all ages and abilities, and would reduce traffic congestion on those other streets. The City cannot require the Legends II HOA to grant the necessary easement to the Applicant. However, if the easement is granted, the Applicant would be obligated to extend Canyon Gate Blvd. to Northview Street to City standards. The Applicant has stated that he is willing to pay for the easement and for the road extension. The only unresolved issue is whether the HOA will grant the easement. Project Summary The Department of Community Development received a Subdivision Preliminary Plat application for the Canyon Gate project on August 24, 2022, requesting to subdivide a 24.14- acre Tract into 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned 476 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 3 of 37 R-5; and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 open space lot zoned REMU; along with dedicated street rights-of-way. A concept development plan for this subdivision could produce up to 470 dwelling units and up to 40,000 square feet of commercial space. This Tract of land was annexed into the City and was granted the four zoning designations, B2-M, R-3, R-5 and REMU, in April 2022 (Project No. 21337). On February 13, 2023, the Development Review Committee (DRC) found the Preliminary Plat application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The final decision for this first major subdivision preliminary plat must be made within 60 working days of its being deemed adequate for further review, or by May 1, 2023. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific directions to staff or the subdivider to supply additional information or to address specific items. 477 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 4 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 2 Unresolved Issues. ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Alternatives ........................................................................................................................ 3 SECTION 1 – MAP SERIES ............................................................................................................. 5 SECTION 2 – REQUESTED VARIANCES ..................................................................................... 12 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................................. 12 SECTION 4 – CODE PROVISION REQUIREMENTS .................................................................... 14 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .................................................... 16 SECTION 6 – STAFF ANALYSIS AND FINDINGS ........................................................................ 16 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. ........................ 16 38.220.060 Documentation of compliance with adopted standards .......................... 20 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................................. 28 APPENDIX B – DETAILED PROJECT DESCRIPTION ................................................................. 32 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 33 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 33 FISCAL EFFECTS .......................................................................................................................... 33 ATTACHMENT LINKS .................................................................................................................. 33 478 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 5 of 37 SECTION 1 – MAP SERIES Figure 1: Vicinity Map Figure 2 – Zoning Map 479 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 6 of 37 Figure 3: Existing Site Conditions Map [historical flood path shown in blue] Figure 4: Open Space (yellow) and Parks (green) in vicinity; Site in red 480 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 7 of 37 Figure 5: Community Plan 2020 Future Land Use Designations 481 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 8 of 37 Figure 6: Preliminary Plat Summary Figure 7: Potential Canyon Gate Blvd. connection to Northview Street 482 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 9 of 37 Figure 8: Preliminary Plat 483 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 10 of 37 Figure 9: Concept Development Plan 484 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 11 of 37 Figure 10: Concept Green Plan 485 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 12 of 37 Figure 11: Parks Plan SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. 1. BMC 38.600.170. Flood Risks. The following recommended conditions of approval address flood hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project. A. Prior to issuance of public infrastructure plan approval by the City, the following must occur: i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional engineer. The certification shall include a statement that the proposed 100-yr flood hazard mitigation plan is adequate to keep the 486 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 13 of 37 proposed development reasonably safe from flooding and does not increase the identified existing risk of 100-yr flooding to other properties. ii. The design engineer shall certify that all proposed flood hazard mitigation improvements contained in the stormwater design report and stormwater infrastructure plans and specs are adequately sized to convey the relevant 100-year flood flows identified in the certified flood hazard evaluation report. iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood conveyance path identified in the certified FHE report between the offsite point of discharge of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a legal analysis, acceptable to the City Attorney, verifying that those drainage easements are not required under applicable state law and local ordinance. B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions of Approval’ sheet notifying future property owners, in language approved by the City Attorney, that the subdivision is subject to 100-year flood hazards identified in the FHE that are not reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) effective April 21, 2021. The notification provision shall also state that the future revision of the official FEMA FIS and FIRMs may place/map portions of the development into the regulatory floodplain, potentially subjecting property owners of those areas to local floodplain regulations and federal flood insurance mandates. C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder, acknowledging the risk of proceeding with development review applications prior to updated FEMA maps and agreeing to forever hold the City harmless and defend it against claims. 2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk width on the west side of Story Mill Road will be made by the City prior to Infrastructure Plan approval and in cooperation with the Transportation Master Plan relevant to the Canyon Gate area. 3. 38.410.070. Sanitary Sewer Systems. a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The 487 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 14 of 37 analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 3.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City in accordance with BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified in 3.a above into the City's facility plan. SECTION 4 – CODE PROVISION REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. BMC 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide documentation of responses from private utility companies that they reviewed the subdivision plat and that the plat can be provided with service, and the locations of private utilities have been coordinated with the locations of the proposed public utilities. 3. 38.240.150.C. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of Approval section: a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles; 488 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 15 of 37 b. All downstream water user facilities will not be impacted by this subdivision; c. All lot frontages are subject to a 10-foot wide front setback utility easement; d. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman Municipal Code (B.M.C.) said easement shall apply; e. The property owners association bears all responsibility of maintenance for the storm water facilities, storm water open space lots, pedestrian open space lots, and street frontage landscaping for the perimeter streets. Maintenance responsibility must include, all vegetative ground cover, boulevard trees, and irrigation systems in the public-right-of-way boulevard strips along all external perimeter development streets. The property owners association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping, storm water facilities, and all open space landscaping; and f. Lot access must be constructed to the standards set forth by the City of Bozeman Design Standards and Specifications, and per the City of Bozeman Modifications to the State Public Works Standard Specifications per BMC requirements. 4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure approval, the Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger Canyon Blvd. to reduce the impact of street trees on vehicular sight visibility triangle distances. The Applicant must provide an updated landscaping plan to the City’s Transportation Division for review and approval prior to final plat submittal. 5. 38.420. Parks Resources. a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified Development Code, fences located along or in the rear or side setback of properties adjoining any City linear park must have a maximum height of four feet.” b. The developer must install signage at the perimeter of any private parking lot that is adjacent to a City park stating that snow storage is not allowed within the public park. The Applicant must add a note to the final plat indicating that snow removal from park sidewalks that serve as primary egress from private lots is the responsibility of the Property Owners Association. The Applicant must provide an exhibit of snow removal responsibility within the Park Master Plan. c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide the most recent park plans and request a meeting at least 30 days prior to the commencement of parkland construction. 489 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 16 of 37 d. Prior to the City’s final acceptance of public park improvements or public street improvements, the Applicant shall ensure that the City obtains ownership, free from any defects in title as determined by the City, of any irrigation water rights appurtenant to those City parks or City streets. e. If an exempt well is proposed to provide irrigation water supply for the development, a written determination from DNRC shall be provided prior to final site plan approval indicating that the proposed exempt water use is allowable under applicable State law governing the use of exempt wells. f. An irrigation system that is privately owned and maintained shall be entirely separate and discrete from an irrigation system that is City owned and maintained. g. The Applicant must include this note on the final plat: “Private utilities are not allowed within parkland unless otherwise approved by the Director of Parks and Recreation.” SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on February 13, 2023. The Planning Board met on April 3, 2023 to review and make a recommendation to the City Commission on the preliminary plat application. Their comments are noted in Attachment A and their approval Motion is noted above on page 1. The City Commission public hearing on the Preliminary Plat will be held Tuesday, April 18, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, staff presentations, Applicant presentations, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 490 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 17 of 37 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. Floodplain Impacts. Condition Number 1 addresses potential adverse floodplain impacts associated with the proposed subdivision. The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade changes, FEMA’s currently effective FIRMs [flood insurance rate maps] still reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. Canyon Gate Subdivision flood hazard evaluation. The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR [light detection and ranging remote sensing mapping] data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the 491 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 18 of 37 development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. Upcoming FEMA restudies & remapping of Bridger Creek special flood hazard area. In personal communications held December 1, 2022, with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, and mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on the risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development to purchase flood insurance. Private Utility Services. Code Provision No. 2 addresses the need to demonstrate that essential private utility services can be provided to the subdivision. Code Provision No. 3 requires standard conditions to be written on the Sheet 3 “Conditions of Approval” Sheet of the Final Plat. Condition of Approval No. 2 addresses the City’s Transportation Plan which seeks a proper width sidewalk along the west side of Story Mill Road. Code Provision No. 4 ensures that sight visibility triangles along Story Mill Road and Bridger Canyon Blvd. are not reduced due to street tree plantings therein. Condition No. 3 addresses sanitary sewer service to the subdivision. An independent third- party analysis of the downstream sewer system serving the development is required. If this analysis determines that sufficient sanitary sewer service is not available, in accordance with BMC 38.410.070.A, the Applicant must install identified downstream sewer improvements and these improvements which must be accepted by the City in accordance with BMC 38.270.030. Code Provision No. 5 addresses standard City Parks and Recreation policies related to parks dedicated to the City and lying within this subdivision. 492 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 19 of 37 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on August 24, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on December 21, 2022, and again on January 31, 2023. The DRC determined the revised application was adequate for continued review on February 13, 2023, and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for posting on the property and mailing to adjacent property owners on February 28, 2023, and again on March 17, 2023. Public comment is provided in a separate Laserfiche folder: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN On April 11, 2023, this staff report was completed and forwarded to the City Commission with a recommendation of conditional approval. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 493 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 20 of 37 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within the dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on July 7, 2022 and no variances were requested. The Applicant requested concurrent construction of public infrastructure for the subdivision. The staff offers the following summary comments on the documents required by Article 38.220.060, BMC. 38.220.060.A.1 – Surface water There are no streams, irrigation ditches, or wetlands on the property. There are no alterations to water bodies proposed or required for the project. Due to concerns about the accuracy and age of the existing floodplain mapping of nearby Bridger Creek, the City of Bozeman Floodplain Administrator recommended that a Flood Hazard Evaluation be conducted as noted above and in Condition of Approval No. 1. The evaluation found that a 100-year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and of the proposed Canyon Gate Subdivision, even though it is not identified by existing FEMA floodplain mapping. The historical flood path is shown on plan sheet C0.3 and Figure 3 above. 38.220.060.A.2 - Floodplain The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade 494 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 21 of 37 changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. Canyon Gate Flood Hazard Evaluation The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. Upcoming FEMA Restudy and Remapping of Bridger Creek Special Flood Hazard Area In personal communications held December 1, 2022 with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development to purchase flood insurance. See Condition of Approval No. 1. 38.220.060.A.3 – Groundwater. Groundwater monitoring was conducted as part of the geotechnical investigation. The results of the groundwater monitoring are provided in the Geotechnical Report. Groundwater monitoring was conducted at 8 monitoring wells from March 2022 to May 2022. The seasonal high groundwater was found to range in depth from 6.44’ to greater than 13 feet. Groundwater is flowing to the west and is assumed to discharge 495 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 22 of 37 to the East Gallatin River about ½ mile to the west. The range of groundwater depth encountered was largely due to the rolling topography of the site with some wells located at lower or higher relative locations. After site grading, high groundwater will more consistently be about 10’ below the surface. The significant depth of groundwater will protect it from degradation. Additionally, stormwater will be treated and infiltrated back into the ground to maintain the existing groundwater hydrology. Lastly, City sewers will collect wastewater from the property. Code Provision No. 3.a. prohibits crawl spaces or basements within any buildings within this subdivision without the review and approval of a professional engineer licensed to practice in Montana and requires such notice to be placed in the Conditions of Approval Sheet of the final plat. 38.220.060.A.4 - Geology, Soils, and Slopes. A geotechnical investigation was conducted on the property. The Geotechnical Report did not find any geologic hazards on the property. The report found that “site conditions pose little risk to construction associated with the planned development.” Soils are suitable for conventional foundation and site development construction. Soil properties, borehole logs, and groundwater monitoring results are provided in the report. Site grading is expected to be typical of urban development and large cuts and fills are not proposed. In general, the rolling topography will be smoothed out to better accommodate roadway and building site grades, and the site will be slightly elevated to mitigate concerns from flooding in the adjacent Legends subdivision. 38.220.060.A.5 – Vegetation. The site is currently occupied by pasture grass and some groves of mature native trees. The existing tree locations are shown on plan sheet C0.3 and Figure 3 above. The property has been historically farmed, but is presently fallow and is surrounded by developed property. No critical plant communities requiring protective measures exist on the property. A Weed Management Plan has been submitted to the Gallatin County Weed Board and a copy of the plan has been submitted with this application. 38.220.060.A.6 – Wildlife. The Canyon Gate Site is surrounded by urban development. There is a wetlands wildlife corridor north of the Site at Bridger Creek. Chapter 5 of the 2020 Community Plan states that “lands within the designated urban area are typically utilized for development purposes and will have a minor impact on wildlife habitat. […] The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or similar species will not be met within urban density development and will likely conflict with people. Therefore, these types of animals are found to be undesirable within the City boundaries.” The parkland and open space in the proposed Canyon Gate development may inevitably be used by wildlife of all types. The east-west “green corridor” within the Site will likely connect the community to the surrounding parks and may continue to serve as a path for animal migration. No endangered species or species of concern use the area affected by 496 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 23 of 37 the proposed subdivision, and there are no significant wildlife areas on the site to identify. The Site is not adjacent to public lands or known hunting or fishing areas; however, the subdivision will improve public access by connecting truncated streets, trails, and sidewalks to nearby public parks and recreational areas (see Figure 4). The proposed 3.06-acre public parks (2.33-acres) and open space (0.73-acre) areas within the development are designed with an extensive trail system to safely connect to public lands throughout the surrounding Story Mill District. 38.220.060.A.7 – Agriculture. The property has been historically farmed, but is presently fallow and is surrounded by developed property. The site is currently occupied by pasture grass and mature trees and is not actively used for agriculture. 38.220.060.A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on the property. 38.220.060.A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided in the Documents application. Sanitary Sewer Systems may need upgrading to service the subdivision as is noted in Condition of Approval 3 a, b, and c: a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 6.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City in accordance with BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified above into the City's facility plan. New water and sewer mains will be extended in the proposed streets to serve the lots within the Canyon Gate subdivision. The proposed parks and open space will be irrigated with 497 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 24 of 37 exempt well(s) and irrigation requirements are within the regulatory limits of an exempt water right. A confirmation letter from the DNRC is included in the Documents. Water rights for the subdivision lots will be provided by cash-in-lieu of water rights (CILWR) payments. Due to the large lots proposed, all future lot development will undergo a Site Plan review. The CILWR will be determined and paid upon the plan review and development of each lot. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed, inspected and accepted by the City. 38.220.060.A.10 - Stormwater Management. Stormwater runoff will be mitigated for subdivision streets, parks, and open spaces. On-site stormwater mitigation will be provided for the development of each lot at the time of lot development. Flood conveyance piping is also described in the Storm Drainage Engineer’s Report. 38.220.060.A.11 - Streets, Roads, and Alleys. Canyon Gate is accessed by Bridger Drive (Highway 86), Story Mill Road, and extensions of Spirit Crossing Lane and Maiden Spirit Street from the Legends Subdivision. A new north-south Lucy Lane will be provided on the east side of the subdivision. The City is currently improving the intersection of Bridger Drive and Story Mill Road and is installing a traffic signal there. The Canyon Gate subdivision improvements consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a City Collector standard from Bridger Road to Boylan Road. Interior streets will be constructed to a 35-foot-wide local street standard within a 60-foot-wide ROW. Proposed street sections are provided on plan sheet C4.1. Bicycle lanes are provided on Story Mill Road. Ten-foot-wide shared-use pathways will be provided on the east side of Story Mill Road north of Bridger Road. Per Condition No. 2, the Applicant will provide an adequate shared use path on the west side of Story Mill Road north of Bridger Road in accordance with the City’s Transportation Plan, to the extent of the Site’s frontage, provided landowners and the County grant permissions. These pathways in conjunction with the internal park pathways will provide enhanced multi-modal connectivity between existing and proposed community parks and neighborhoods. All local streets proposed in the Canyon Gate subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at the intersection of Story Mill Road and Bridger Road, is proposed to be directly accessed from both Bridger Road and Story Mill Road if permission is granted for a driveway access point from Bridger Road. This lot is proposed as a large, mixed-use lot. Additionally, shared access for Lots 1 and 2 of Block 1 is proposed from Story Mill Road. The suitability of these accesses is addressed in the Traffic Impact Study. Only minor modifications to existing streets are required. As mentioned previously, Story Mill Road will be improved to City Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan 498 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 25 of 37 Road will be removed since this street is not required to be extended. If granted permission by MDOT and the City, an existing approach on Bridger Road will be relocated to the west to serve Lot 1 of Block 5. Occasional street closures will be required during utility and street construction. All streets will be paved and gravel alleys are not proposed. Proposed streets will be City owned and maintained. Stormwater collection and mitigation will be provided for new subdivision streets and Story Mill Road. Stormwater will be treated and infiltrated in a sub-surface system located on the common open space Lot A in Block 1. The property owner's association will maintain the stormwater mitigation system serving the City streets located on the common open space Lot A in Block 1. The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of service, and any traffic calming required as mitigation for potential adverse traffic impacts to neighborhoods. The TIS shows that all intersections and approaches will operate at a level of service “C” or better. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially-zoned lots to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed. The Concurrent Construction Plan must address compliance with BMC Section 38.270. 38.220.060.A.12 – Non-Municipal Utilities. The subdivision plat has been provided to NorthWestern Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date, no response has been provided. Code Provision No. 2 requires proof from the private utilities that they can and will serve the subdivision. Canyon Gate is surrounded by existing development with multiple points of service from existing utilities. Non-municipal utilities will be located in 10’ wide utility easements running along all subdivision streets and lot frontages. To accommodate the widening of Story Mill Road, the existing overhead power line running along this street is proposed to be relocated underground in the new utility easement provided on the preliminary plat. The proposed utility easements outside of the City rights-of-way will reduce conflicts between municipal and non-municipal utilities. 38.220.060.A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be subdivided into 11 buildable lots, 3 parks, an open space lot, and street rights-of-way. The property has been annexed into the City of Bozeman and has four zoning designations: B- 2M, REMU, R-5, and R-3. Three lots are proposed within the western B-2M zoning for mixed- use (residential above commercial space). Six lots adjacent to existing residential development are proposed within the R-3 zoning for medium-density residential. Two lots 499 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 26 of 37 in the center of the property within the R-5 zoning are proposed for higher-density residential development. Two lots of REMU, designated as parkland, are situated between the B-2M zoned mixed-use and neighboring residential areas. Parkland and open space will provide the subdivision and community with valuable trail connections and recreational spaces. The annexation agreement between the Applicant and the City further delineates land uses within the subdivision and development therein by establishing height and bulk limitations and the provision of income-restricted housing as follows: [Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document No. 2774188 by the Gallatin County Clerk and Recorder on April 28, 2022.] These provisions will be reflected in any development within this subdivision. 38.220.060.A.14 - Parks and Recreation Facilities. According to the Applicant: “The Canyon Gate Park Master Plan was developed to create a pedestrian circulation pattern that invites residents and neighbors to move into and throughout the development. This is 500 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 27 of 37 accomplished through a linear park system that runs east-west through the center of the site to connect parkland in adjacent neighborhoods to the M Trail, Story Mill Spur Trail, and Story Mill Community Park. The street layout was designed to minimize street crossings along the linear park and most of the neighborhood will have one or fewer crossings required to reach the major park amenities. The park system will have a playground, picnic shelter, seating, art, and a 10’ concrete path. The linear park system is supplemented by a planned north- south pedestrian corridor through the B2-M zoned parcels that connect the linear park trail to an open space parcel with a dog park and community garden that will have a public access easement. The project proposes 15.68 acres of residential area with 3.08 acres of public parks and open space. The project will provide a minimum of $256,367 in Improvement-In- Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling units/acre for all lots.” Code Provision No 5 identifies requirements for the development and maintenance of park assets and facilities within this subdivision. 38.220.060.A.15 - Neighborhood Center Plan. The focal point of the subdivision is the linear park running east-west and south through the center of the development (see Figures 9 through 11). This park is adjacent to neighborhood commercial development and contains several park amenities. The park amenities include an extensive network of trails, a playground, and a picnic pavilion. This “green corridor” connects the residences in the Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide connectivity lends itself to forming a neighborhood center. It is likely that neighborhood- serving commercial establishments within the B2-M zoned properties, such as a coffee shop or convenience store, will also serve as a neighborhood gathering space. 38.220.060.A.16 - Lighting Plan. All subdivision street lighting is proposed within the street right-of-way in accordance with the City’s lighting design standards. Street lighting will be provided for Story Mill Road and internal streets. Lighting is also proposed where pedestrian pathways cross streets in accordance with City standards. No lighting is proposed within subdivision parks and open spaces. Any lighting associated with future lot development will be reviewed for conformance with City standards at the time of lot development. 38.220.060.A.17 – Miscellaneous a. Public Lands. The site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision will increase public access to the site and the surrounding public lands by connecting truncated streets, trails, and sidewalks. The project will also include 3.06-acres of public parks and open space. 501 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 28 of 37 b. Hazards. Future development would mitigate potential hazards associated with stormwater flows as described in Condition of Approval No. 1. The Traffic Impact Study identifies potential hazards associated with delays in emergency service providers reaching the Site when there is a train on the train tracks at the Rouse, Griffin or L Street crossings. If and when this conflict exists, the Bozeman Fire Department Dispatch software will automatically route the service call to the Central Valley Fire Station at Spring Hill Road to respond to the call. c. Wildlands-Urban Interface. The site is within the Wildlands-Urban Interface (WUI) and lists the site and nearby areas as having low-priority hazards. 38.220.060.A.19 - Affordable Housing. The Applicant states: “The owner recognizes the housing crisis in our valley and the lack of obtainable, workforce housing. In response, the owner has voluntarily offered to provide a minimum of 60 housing units within the R-5 zoning that are priced no greater than 120% of Area Median Income (AMI) at an interest rate of 3.5%. The management of the income-restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Construction of the income- restricted housing will begin before the vertical construction within the B-2M zoning district and will complete all 60 units within 24 months after commencing construction. In addition to the effort above, the owner is proposing to develop a range of housing types that will provide variety in housing prices within the Bozeman housing market to better serve the needs of residents.” APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property was given three zoning designations: B2-M, Community Business District—Mixed; R-3, Residential Medium Density District; and R-5, Residential Mixed Use High-Density District. The intent of the B2-M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. The intent of the R-3 district is to provide for the development of one- to five-household residential structures near service facilities within the City. The intent of the R-5 district is to provide for high-density residential development through a variety of housing types within the City with associated service functions. 502 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 29 of 37 The 24.14-acre Site, having the three zoning designations, combined, would meet the intent of each of the three zoning districts by providing neighborhood-serving commercial activities, a variety of housing types with a variety of densities within the 11 buildable lots. Furthermore, the annexation agreement (Project No. 21337) stipulates where the various types and densities of housing are to be situated within the subdivision (see Attachment B). Adopted Growth Policy Designation: The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost B2-M zoned lands lie within a Community Commercial Mixed Use designation and the remaining lands lie within a Residential Mixed Use designation. Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Site’s future land use map designations and implementing zoning districts. The Site’s zoning designations are implementing zones for the two respective FLUM designations. This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will support a variety of housing types including duplex, fourplex, housing over commercial space, and apartment multi-household units in an existing developed residential area that is predominantly detached single-household units. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in scale and form with detached individual homes. Example housing types include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The growth policy encourages development to be walkable, which is defined in the Plan as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. 503 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 30 of 37 • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The New Canyon Gate Blvd, the extension of Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor” through the Site provide the “Center” of the subdivision. There is not enough population density to support Streamline transit to the neighborhood. The closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets. There are trails and sidewalks situated throughout the Site to make for safe and effective pedestrian and bike travel within the Site. The Site is walkable but travel outside the Site will require vehicular or bicycle travel. The site has a Walk Score of 30 (car dependent) , a Transit score of 0 (no transit services), and a Bike Score of 43 (somewhat bikeable). Average walk score for the city as a whole is 48 out of 100. 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 504 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 31 of 37 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. This site is an undeveloped former farmland, surrounded by existing residential uses. Complimentary uses such as schools, parks, grocery stores, and employment opportunities are distant and require vehicle travel. There are no adopted development standards relating to the Walk Score. The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park, which provide a variety of recreational opportunities. The closest grocery store is the Town and Country at Highland and Main streets which is approximately 2.3 miles from the Site. The two closest schools are the Hawthorne Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles from the Site. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi- household). In addition to those Community Plan policies that apply to this subdivision, the Applicant offers the following evaluation of the 2020 Bozeman Community Plan goals and policies, including: Goal N-1: Support well-planned, walkable neighborhoods. The development will connect streets and sidewalks that were truncated in anticipation of development. “The subdivision and parkland are designed to connect the Canyon Gate development to neighborhoods, schools, services, jobs, parks, and trails that will promote a walkable and bikeable community.” Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. “This residential development will have commercial nodes along the prominent intersection of Story Mill Road and Bridger Drive. In conjunction with the array of residential housing options, the commercial will create a focal point in the Story Mill District and serve the neighboring communities.” Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a minimum of 60 workforce/”Missing Middle” housing in addition to a variety of housing types including, duplexes, fourplexes, and apartment buildings. The assortment creates a smooth 505 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 32 of 37 transition between low and high-density mixed-use and is designed to improve the current housing crisis by providing variety and density in appropriate locations.” Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a commercial node within the Story Mill District to serve the surrounding community. The development will complement the nearby historic structures and contribute to the identity of the district by encouraging a commercial core along Story Mill Road leading to the historic mill.” Goal DCD-1: Support urban development within the City. “The site is surrounded by development and is located on a prominent corner within the Story Mill District. The property is currently underutilized and undeveloped. The proposed residential and mixed- use development is near a large network of trails and parks to support this infill project.” 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. “This infill project encourages a commercial hub, a variety of housing types, and a range of densities. This will form a center of employment and activity while encouraging continuity in adjacent areas of the district.” Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” Since this Site is a recently annexed and zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill” site and, therefore, this staff analysis does not describe it as such. Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in this area is currently spurring the expansion of public transportation services. The development will extend truncated streets and sidewalks to create a continuous network of biking and walking trails and form a community that fosters walkability. This multimodal community will be strengthened by the proposed commercial node and increased residential density.” APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application was submitted by the Applicant, Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 for a major subdivision of a 24.14-acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot; along with dedicated streets rights-of-way. 506 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 33 of 37 APPENDIX C – NOTICING AND PUBLIC COMMENT Public notice began 2/28/23 and again on 3/17/23. Notice was provided twice as the first notice had an error in the Site map. A second, corrected notice was conducted, beginning March 17, 2023, to April 18, 2023. This is at least 15 and not more than 45 days prior to the close of the public comment period/April 18 City Commission public hearing per BMC 38.220.420. The City scheduled the corrected public notice for this application on March 17, 2023, with the Applicant posting a public notice on the subject property on that same date as well as mailing public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to provide municipal services to the property. ATTACHMENT LINKS The full application and file of record can be viewed digitally at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157&cr=1 Public Comment as of April 7, 2023: Public notice began 2/28/23 and again on 3/17/23 and can be viewed on the City’s Public Comment Laserfiche link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN Attachment A: Planning Board Comments from the April 3, 2023, public meeting. The City’s Community Development Board (CDB), acting as the Planning Board, met April 3, 2023 in a public meeting to discuss the merits of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman Municipal Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications is to determine 507 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 34 of 37 compliance of the application with the City’s Comprehensive Plan Growth Policies. To that end, the Board voted unanimously, 7 to 0, in favor of the following Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with the neighbors prior to presenting the subdivision to the City Commission for action.” Overall, the Board Members stated that they felt the subdivision would facilitate the concept development plan and that the concept plan was a good plan and addressed important Growth Policies. Below are specific comments on the plat and plan from Board Members. Comments from the public are not presented here as there are written comments found in the following link and the video of the Board meeting can be found in the following link. Public Comments: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMA N April 3, 2023 CDB Meeting: https://bozeman.granicus.com/player/clip/1994?view_id=1&redirect=true&h=e5920216 2589515e887e39f549222294 CDB Members present: Hap Happel, Jennifer Madgic, Allison Bryan, Brady Ernst, Chris Egnatz, Jason Delmue, and Ben Lloyd. Post-Public Comment and Post-Motion Comments: Members defer to the staff-recommended conditions of approval and code provisions. It is a good plan; like the commercial node in this neighborhood; like the linear park. Concern with the loss of 100 trees; prefer to keep as many of the mature, native species trees as possible; the trees are located in a low-lying area which is a natural drainage area that waters the trees and provides safe, on-site stormwater drainage. It was suggested that the linear park be moved northward to include the existing tree groves to protect them. Concern with the transportation issues, particularly the need to have a connection to Northview Street to provide a connection to Bridger Drive, an arterial roadway; Many Board Members insisted that this connection is critical to the project and should be a condition of approval of the subdivision. However, the Board did not include this condition in the Motion for approval. Rather, in the Motion for approval, they urged 508 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 35 of 37 the Applicant to meet with neighbors from the Legend subdivision along with HOA Board Members to negotiate an easement for this connection. They stated that the subdivision application should not be moved forward to the Commission for action until and unless the Applicant meets with Legend subdivision HOA representatives to negotiate an easement to Northview Street from the project. There was disappointment expressed by Board Members that the Applicant did not meet with neighbors early on to discuss the design of the plat and their flood and traffic concerns. They urged the Applicant to meet with the neighbors, to be sensitive to their concerns, and be willing to amend some aspects of the plat, if necessary, to address their concerns. This should have been done early-on in the plat design stage. There was agreement that the Applicant should work with the City Engineer and Legend neighbors to identify traffic-calming mitigation measures for the connection to the Legend Maiden Spirit Street. Although the workforce housing is priced above median area income, we need this type of housing. The 60 “affordable” units are deemed “below market” priced units. They should be price-restricted in perpetuity. Board Members stated that City residents need affordable housing that can be provided by this subdivision. They want the units to be occupied by local residents and not be sold to non-residents as second homes or made available to transients as short-term rentals. Some Members want approval of this subdivision to have a condition prohibiting short-term rentals therein, or at least prohibiting Type 3 (no owner occupant) short-term rentals within the subdivision. There was concern about the floodplain and flooding issues associated with this subdivision. o The Director of Transportation and Engineering explain the approach the City is taking regarding the flood hazard evaluation of the proposed subdivision and the conditions of approval for this preliminary plat would assure public safety from flood hazards. The Condition No. 1.B advises lot owners that the results of the revised FEMA map may affect the development potential of their lot. o Staff assured Board Members that the final plat would meet code standards and staff would not bring a final plat to the Commission for approval until it does meet code. o Board Members stated that they defer to the engineering professionals to ensure that the development is safe from flooding internally and externally. There was agreement that the subdivision should provide trail connections to area public trails. There was discussion about the delay of emergency services response due to trains traveling or stopped on nearby tracks. Is it possible to get a Fire Department station north of the train tracks? Should the subdivision approval include a “waiver of protest” to rail crossing delays at Rouse, Griffin and L streets? 509 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 36 of 37 Pre-Motion and Pre-Public Comment Board Discussions: Concern with the location of Park C. It lies next to the Legends subdivision’s private open space but there is no connection to it. Will there be a fence separating Park C and the north-south trail from the Legends private open space area? Canyon Gate residents and the general public should be encouraged to use that north-south trail that lies within the Canyon Gate land. There was also concern with the potential for Canyon Gate residents and the public “trespassing” onto the Legend’s private open space which is maintained by the HOA. Pedestrian access to Park A; will there be safe passage for pedestrians to connect to all the internal parks and the open space lot? o Applicant stated that there will be 3 mid-block crossings to facilitate pedestrian connection to Parks A and B and from Park B to C, and crossing Canyon Gate Blvd. between the commercial B-2M “mall-like” areas. These crossings will be striped and well-lit. What effort has gone into preserving the mature trees on the property? Why cannot they be preserved? There was considerable discussion about preserving mature trees. o Applicant stated that the trees lie in a low spot on the property and is subject to flooding. If the low area is retained, the homes built therein would flood. There were numerous written comments from the public stating that the Applicant refused to meet with them to discuss the plat design and concerns about connections, traffic, and flooding. There was one 24-page comment letter that identified concerns and suggested conditions of approval to be placed on the plat. What efforts have been made by the Applicant to meet with these neighbors? They are a new official Neighborhood Association. Would the Applicant be amenable to incorporating those suggested conditions into the project? o The Applicant said that during the annexation public hearings, they heard a lot of comments from neighbors and they met with neighbors, not necessarily the same neighbors as commented on this subdivision application. His experience from those earlier annexation meetings discouraged him from new meetings with neighbors. He stated that he would meet with neighbors and HOA representatives to discuss their concerns. He is willing to pay for the road improvements to connect Canyon Gate Blvd. to Northview Street if he can get an easement across the HOA lands to Northview Street. o In response to the inquiry as to whether or not he would accept the conditions recommended in that comment letter, he said he is willing to research those suggested conditions to see if they are viable for the project. There was concern that the Parks Master Plan for the subdivision allowed cash-in- lieu instead of providing all the required parkland on the property. How is the policy of providing cash-in-lieu instead of parkland established? Is it on a case-by-case basis and how is the fee established? It seems that the fee is way below market value for the parkland not provided on this property. o Staff responded that the Parks and Recreation Department reviews all Parks Master Plans and, based on project populations and nearby park facilities, 510 City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 37 of 37 establishes how much parkland should be provided on a Site, how much Improvements-in-Lieu of land should be provided on- or off-site, and how much cash-in-lieu (CIL) should be provided. The dollar amount of the CIL is established at the beginning of each year and that dollar amount per increment of land is used for all projects during that year. The PARKS Department reviewed the Parks Plan for this subdivision and recommends approval with the conditions of approval noted in the staff report. There was a discussion about the affordable dwelling units proposed for the R-5 zoned lands. How can those units be affordable in perpetuity? There was a discussion about the traffic impact study methodology in which the traffic counts in the area were taken when schools were not in session. Did this skew the analysis and mitigation measures? There was discussion about whether the subdivision would be built in a single phase or if the individual lots would be developed. Would there be a requirement for a Master Site Plan or could individual lots be built with individual site plans? o Staff stated that the Applicant has asked for concurrent construction of the public infrastructure, such as water, sewer, stormwater facilities, streets, and the like, with the development of the lots. He has stated that he would build the subdivision in one phase. o The Annexation Agreement has provisions as to when the affordable housing must be built in relation to when the commercial space is built in the B-2M zone. o If the subdivision is approved and the final plat is recorded, the owner of lots can come in with a single site plan for all the lots or individual lot owners could submit a site plan for each lot. 511 LEGENDS AT BRIDGER CREEK SUBDIVISIONLEGENDS ATBRIDGER CREEK IIPHASE 1LEGENDS PARKLEGENDS ATBRIDGER CREEK IIPHASE 1LEGENDS AT BRIDGERCREEK SUBDIVISIONMOUNT BALDY SUBDIVIS ION MOUNT BALDY SUBDIVIS ION TRACT ACOS No. 1518 LOT 44 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 LOT 29 LOT 26 LOT 25 LOT 53 LOT 54 LOT 19 LOT 20OPEN SPACE 15LOT 6 LOT 7 LOT 2 LOT 3 OPEN SPACE 14BLOCK 7BLOCK 6LOT 1 LOT 2 LOT 3 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7O.S. 4TRACT ATRACT BTRACT CTRACT DOSBORNESUBDIVISIONTRACT 1COS No. 1895 TRACT 1 COS No. 2760 BK 149,PG 459 FM 9,PG 666 HEADLANDSSUBDIV ISIONLOT 1LOT 2PARK 4TRACT 26COS No. 2547FILM 73, PG 1652AM. PLAT OFLOTS 41 & 42OF BRIDGERCREEK SUBOPEN SPACE 16 Weeping Rock Ln Boylan RoadStory Mill Road Northview Street Maiden Star Ln Spirit Crossing Ln Maiden Spirit St.MDT R/W PER DOC. NO'S 2532621, 2532622, 2532623 & 2532624Valhalla Court 60' R/W4050Boylan Road606060606060Boylan RoadPutter CourtPar CourtNEW LOTLINE (TYP)NEW LOTLINE (TYP)40707410' UTILITYEASEMENT(TYP)30' Water MainEasement10' UTILITYEASEMENT(TYP)10' UTILITYEASEMENT(TYP)B-2M ZONINGB-2M ZONINGB-2M ZONINGR-3 ZONINGR-3 ZONINGR-3 ZONINGR-3 ZONINGR-3 ZONINGR-3 ZONINGR-5 ZONINGR-5 ZONINGMAIDEN SPIRIT ST.CANYON GATE BLVD.LUCY LANE OPEN SPACE #2 Existing 25 ' WidePublic Trail Easement.Existing 30' Wide Water andSewer Line Easement.10' Wide Private Power Line Esmt (Doc#2073252)601449025306060606030202060454510' UTILITYEASEMENT(TYP)10' UTILITYEASEMENT(TYP)10' UTILITYEASEMENT(TYP)10' UTILITYEASEMENT(TYP)10' UTILITYEASEMENT(TYP)BLOCK 1 LOT 354,787 SF1.26 ACBLOCK 2 LOT 182,331 SF1.89 ACBLOCK 3 LOT 143,125 SF0.99 ACPUBLIC PARK C5,831 SF0.13 ACBLOCK 3 LOT 221,953 SF0.50 ACBLOCK 4 LOT 339,306 SF0.90 ACBLOCK 4 LOT 438,383 SF0.88 ACBLOCK 5 LOT 1139,020 SF3.19 ACPUBLIC PARK B62,482 SF1.43 ACBLOCK 4 LOT 173,487 SF1.69 ACBLOCK 4 LOT 274,569 SF1.71 ACPUBLIC PARK A33,599 SF0.77 ACOPEN SPACE A31,918 SF0.73 AC(PUBLIC ACCESS EASEMENT)BLOCK 1 LOT 158,526 SF1.34 ACBLOCK 1 LOT 257,949 SF1.33 ACROW234,346 SF5.38 AC10' UTILITYEASEMENT(TYP)CANYON GATE BLVD.Bridger Canyon Road (AKAHWY 86 - 144' ROW)10' PUBLIC ACCESSEASEMENT (TYP)13' PUBLIC ACCESSEASEMENT (TYP)PUBLIC ACCESSEASEMENT (TYP)20' DRAINAGEEASEMENT (TYP)20' DRAINAGEEASEMENT (TYP)10' PUBLIC ACCESSEASEMENT (TYP)10' PUBLIC ACCESSEASEMENT (TYP)10' PUBLIC ACCESSEASEMENT (TYP)TRACT 7BC.O.S.No. 2408 & W. 33.43' Lot 45, Lot46 and Lot 47 MT. Baldy SD1,051,628 SQ FT24.14 ACRESPROPERTY LINE MOVED TO CREATE10' PUBLIC ACCESS EASEMENT.10' PUBLIC ACCESSEASEMENT CREATED.ROW EXTENDED TOEAST BOUNDARY.10' PUBLIC ACCESSEASEMENT ADDED.Site StatisticsA.Total Site AreaB.Area in LotsC.Area in Right of Way & Street EasementsD.Area in Park and Open Space24.14 ac15.69 ac5.38 ac3.07 acPark RequirementsC0.2PLATSUMMARYSHEET1 8/9/2022 PRELIMINARY PLAT CDP ZWL 2 8/20/2022 PRELIMINARY PRICING CDP ZWL 3 12/20/2022 PRELIMINARY PLAT RC1 CDP ZWL PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESCANYON GATE CANYON GATE INVESTORS, LLC BOZEMAN, MONTANA 512 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT: Ordinance 2134 Provisional Adoption, Amending Chapter 18, Article 5 (Fireworks) of the Bozeman Municipal Code, Prohibiting the Sale and Discharge of Fireworks within the City Limits of Bozeman without a Permit and Prohibiting the Discharge of Fireworks in County Enclaves Wholly Surrounded by the City Limits of Bozeman without a Permit MEETING DATE:April 18, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: I move to provisionally adopt Ordinance 2134 prohibiting the sale and discharge of fireworks within the City Limits of Bozeman without a permit and prohibiting the discharge of fireworks in county enclaves wholly surrounded by the City Limits of Bozeman without a permit. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Prior to May 3, 2004, it was illegal to sell, possess or discharge fireworks inside the City of Bozeman. On May 3, 2004, Ordinance 1612 passed amending the restrictions on fireworks to the current rules that are found in Chapter 18, Article 5 of the Bozeman Municipal Code. The current language found in the Municipal Code is both confusing to residents and difficult for city staff to enforce. Today the Bozeman Municipal Code allows for the discharge of certain types of fireworks during the following times, Between 12:00 p.m. July 3 and 12:00 a.m. July 4; Between 12:00 p.m. July 4 and 1:00 a.m. July 5; Between 12:00 p.m. July 5 and 12:00 a.m. July 6; Between 11:00 p.m. on December 31st and 1:00 a.m. on January 1st 513 Permitted fireworks are the following type of Class C "common fireworks" among those listed in federal law: 1. A cardboard or heavy paper cylindrical tube or cone that: a. Produces a shower of color and sparks that reach a maximum of 15 feet; b. May whistle or pop; and c. Is not designed to explode or leave the ground; 2. A pyrotechnic wheel device: a. May be attached to a post or tree; and b. Contains up to six "driver" units or tubes; 3. Any device that: a. Spins, jumps, or emits popping sounds when placed on the ground; b. Does not exceed a height of 15 feet when discharged; and c. Does not travel laterally more than ten feet on a smooth surface when discharged; 4. Sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers; and 5. Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the fire chief. Understanding what fireworks are permissible by the Municipal Code is difficult and annually results in numerous fireworks that do not meet the criteria above being discharged in the city. Further, much about the city and climate have changed since Ordinance 1612 was adopted in 2004. Density: As the City continues to encourage increased density in our developments to help with our affordable housing and limit sprawl, separation between properties, structures, and public areas lessens. It is a regular occurrence at this point for city staff to field phone calls during and after the July 4th holiday related to fireworks debris on people’s roofs, yards, and in the public streets. Additionally, with people living closer together, there is an increase in noise complaints each year. Drought / Fire Danger: As the City is adapting to our changing climate, the frequency for drought conditions in the summer months increases. With the number of agriculture areas, parks, and open spaces located within the city, the fire risk for these areas is high already during the July 4th holiday and a 514 drought situation only raises this risk. Adjusting to drought conditions is often a rapid process and creates challenges when we attempt to communicate and enforce changes to the current fireworks rules in the city. Noise: Many of the calls that are fielded by city staff leading up to, during, and after the July 4th holiday are related to the noise and the issues it creates for members of our community who are suffering from PTSD, families with small children, and pets. These issues of fire danger, drought and noise do not recognize city limit boundaries. Montana law provides authority for the city to regulate acts or conduct calculated to disturb the public peace within the city and within 3 miles of the city limits. We are recommending this ordinance extend to the county enclaves within the city. A map showing current enclaves is attached. These areas are subject to change as the city annexes property. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Attachments: Fireworks Ordinance 2134 Final (002).pdf City Limits with enclaves.pdf Report compiled on: April 6, 2023 515 ORDINANCE NO. 2134 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 18, ARTICLE 5 (FIREWORKS) OF THE BOZEMAN MUNICIPAL CODE, PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY LIMITS OF BOZEMAN WITHOUT A PERMIT AND PROHIBITING THE DISCHARGE OF FIREWORKS IN COUNTY ENCLAVES WHOLLY SURROUNDED BY THE CITY LIMITS OF BOZEMAN WITHOUT A PERMIT. WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-33-4206, MCA the City Commission has the power to regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks, firecrackers, torpedoes, other pyrotechnics, or toy pistols or guns within the city; and WHEREAS, pursuant in part to §7-32-4302, MCA, the City Commission has power to prevent and punish loud noises and acts or conduct calculated to disturb the public peace within the city and within 3 miles of the limits thereof; and WHEREAS, pursuant to §50-37-102, §50-37-107, and §50-37-108, MCA, supervised and permitted firework displays are authorized with proper insurance; and WHEREAS, the City Commission finds the discharge of fireworks has negative health and environmental consequences, endangers property, increases the risk of fire, disturbs the peace, 516 and further recognizes the loud noise of fireworks have a significant impact on the elderly, active and former service members, and pets and wildlife. As such, the City Commission determines, to protect the general health, safety and welfare of the citizens of Bozeman, a legitimate governmental interest exists in prohibiting the sale and discharge of fireworks within the city limits and prohibiting the discharge of fireworks within county enclaves wholly surrounded by property within the city limits of Bozeman. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 18 Fire Prevention and Protection, Article 5 Fireworks be amended as follows: Sec. 18.05.010. - Definitions. A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.“Fireworks” means and includes any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes, but is not limited to, sky rockets, roman candles, dago bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel then them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing any explosive substance. This definition includes items which contain even small amounts of silver fulminate, potassium nitrate, ammonium perchlorate, or other chemical or pyrotechnical composition intended to produce a pyrotechnic event or effect, even if not classified as a "hazardous material" under federal regulation. 2. “County Enclave” means unincorporated property or properties wholly surrounded by property within the city limits of Bozeman. Sec. 18.05.020. - When this article does not apply. A. This article shall not apply to: 1. Fireworks held or sold to a person possessing a valid permit under MCA 50-37-107, and a valid permit issued by the fire chief for the purpose of conducting a supervised public display of such fireworks. 517 2. Fireworks used by railroads or other transportation agencies for signal purposes or illumination. 3. The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, for use by peace officers, or for use by official military organizations or organizations composed of veterans of the United States armed forces. 4. Novelties as described in American Pyrotechnics Association Standard 87-1 including sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers, and T toy paper caps containing not more than one-forth (1/4) of a grain of explosive composition per cap. Sec. 18.05.030. Sale and discharge of fireworks Prohibited. A. No individual, firm, partnership, corporation or association shall possess for sale, sell, or offer for sale any fireworks as defined herein within the city limits. B. No fireworks may be discharged within the city limits without a permit as provided for in Sec. 18.05.040. C. No fireworks may be discharged within the county enclaves wholly surrounded by the city without a permit as provided for in Sec. 18.05.040. Sec. 18.05.0340. Public display permitted when. A. The fire chief and/or chief of police shall review and inspect all supervised public displays of fireworks, including "display fireworks," by the municipality, fair associations, amusement parks, or other organizations or groups of individuals upon completion of the necessary application and submission of appropriate fees as may be established by resolution of the city commission. A visual site inspection shall occur before any permit is issued. Submission of the application does not guarantee issuance of a permit. All applications under this section shall be made to the fire chief. B. Each display shall must: 1. Be handled by a licensed, bonded pyrotechnic operator to be approved by the fire chief; 2. Be located, discharged, or fired such that the display, in the opinion of the fire chief, shall not be hazardous to persons or property; 3. Clearly post a "NO SMOKING" warning within 50 feet of the staging and discharge area established for the display, and no one may smoke within the defined area. C. The application for a permit shall must be made in writing at least 15 days prior to the date of the display, and shall must contain, at a minimum: 1. A map of the proposed display venue, including the temporary storage site, the parking and spectator viewing areas, the fireworks discharge point, location of structures and roads, streets, and alleys within a 1,000-yard radius, overhead obstructions or other hazards; 2. The name of the licensed and bonded pyrotechnic operator along with the operator's qualifications, training and experience, and the names of any assistants for the event; 518 3. The location of all fire hydrants, water spigots or other access points for water, and all other fire retardants or extinguishers available at or near the venue; 4. Proof of general liability insurance specifically including coverage for firework displays in an amount acceptable to the city, and which includes the city as an additional insured; 5. The name of the association, entity, organization or group and its organizing or supervising board or responsible parties for the event; 6. A complete list of the fireworks intended for use in the display together with their projectile range, if any; 7. The location, date and time of the display and written consent from the landowner; and 8. A detailed safety plan for the event. D. Only upon inspection and issuance of the permit, and only then, sales, possession and shall use of fireworks for such display as detailed in the permit shall be lawful. for that purpose only. E. Following the public display, the organizers and the pyrotechnic operator shall be are responsible for clean-up of the display site, including disposal of all discharged fireworks and all non-discharged or "dud" fireworks in a safe manner. F. No permit issued under this article may be transferred. shall be subject to transfer. G. This A permit issued under this article may be revoked by the fire chief at any time when any of the conditions under which the permit was granted change, when a hazardous condition is determined to exist, or when, in the best judgment of the fire chief, such permit must be withdrawn in the interests of public safety. The fire chief, and may revoke a permit issued under this article for a include violation of any rule, regulation or requirement of this article. Sec. 18.05.040. Sale and discharge of fireworks. A. No individual, firm, partnership, corporation or association shall possess for sale, sell, or offer for sale, at retail, or discharge within the city limits, any fireworks, as defined herein, except as specifically provided in this article. B. No parent, guardian or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision. Possession or discharge by any child under the age of majority within the city limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian or custodian. C. No fireworks may be discharged within the boundaries of or within 300 feet of any public park owned or maintained by the city without a public display permit except as otherwise provided in this article. No fireworks may be discharged upon any public street, alley, road or right-of-way, except as otherwise provided in this article. No fireworks may be discharged within 1,000 feet of any hospital, nursing or assisted living facility. No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 300 feet of any gas station, gas, oil or propane storage facility or other area which is highly flammable by nature. 519 D. Subject to the limitations contained in this article, fireworks, as listed in subsection E of this section, may be discharged within the city limits only on private property of the owner, or with the owner's permission, or on paved city streets which are not arterial streets or collectors when such discharge is in a safe and sane manner, and limited to the July 4 holiday only: 1. Between 12:00 p.m. July 3 and 12:00 a.m. July 4; 2. Between 12:00 p.m. July 4 and 1:00 a.m. July 5; 3. Between 12:00 p.m. July 5 and 12:00 a.m. July 6; and for the New Year's Day holiday only from 11:00 p.m. December 31 until 1:00 a.m. January 1. As used in this subsection, the phrase "safe and sane manner" refers to actions which do not endanger life, limb or property of those in the area of the discharge. Nothing in allowing the discharge of fireworks within the city limits relieves the individual, firm, partnership, corporation or association of its responsibility for any injury or damage caused to individuals or property by the discharge of the fireworks. Any discharge, with or without a permit, is at the individual, firm, partnership, corporation or association's own risk, and is not sanctioned by this article. E. Permitted fireworks are the following type of Class C "common fireworks" among those listed in federal law: 1. A cardboard or heavy paper cylindrical tube or cone that: a. Produces a shower of color and sparks that reach a maximum of 15 feet; b. May whistle or pop; and c. Is not designed to explode or leave the ground; 2. A pyrotechnic wheel device: a. May be attached to a post or tree; and b. Contains up to six "driver" units or tubes; 3. Any device that: a. Spins, jumps, or emits popping sounds when placed on the ground; b. Does not exceed a height of 15 feet when discharged; and c. Does not travel laterally more than ten feet on a smooth surface when discharged; 4. Sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers; and 5. Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the fire chief. F. When, in the opinion of the fire chief, drought or other conditions exist which, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the fire chief shall issue a ban on the discharge of all fireworks until such time as the condition causing the ban ceases to exist. G. Any individual, firm, partnership, corporation or association discharging fireworks under this article shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or "dud" fireworks, and the associated debris from the discharged fireworks in a safe manner. 520 H. The safe and sane discharge of fireworks in accordance with the provisions of this article shall not be deemed a violation of chapter 16, article 6. Sec. 18.05.050. General liability insurance required. A. An individual, firm, partnership, corporation or association planning a public display of fireworks shall, in addition to the permit required in 18.05.040, provide proof of general liability insurance specifically including coverage for firework displays in an amount acceptable to the city attorney; and which includes the city as an additional insured. B. Notice to the fire chief must be given ten days prior to any public display if any insurance policy required under this article is cancelled or subject to non-renewal. Notice must be provided by the permittee, the insurance carrier. C. A copy of the insurance policy and applicable fireworks endorsements for any public display must be filed with the city clerk and must indemnify the city against any damages to private or public property, as well as any injuries to persons, which may be caused by or incident to the public display. D. Any individual, firm, partnership, corporation or association discharging fireworks without a public display permit shall be deemed to be the responsible party and shall be liable for any damages incurred as the result of such discharge. The individual, firm, partnership, corporation or association insurance policy or policies maintained by the individual or entity discharging the fireworks shall be subject to any claim as a result of such discharge resulting in damage or injury. Sec. 18.05.060. Enforcement and Confiscation. A. Any police officer or firefighter may, in the enforcement of this article, seize, impound, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold, or in the possession of any individual, firm, partnership, corporation or association in violation of this article. Notice of the seizure and the reasons for the seizure shall be reported to the chief of police within 48 hours of the seizure. B. Fireworks seized under this section may be disposed of in a safe and proper manner by the police or fire department ten days after seizure. C. Appeal of any seizure shall be filed with the chief of police in writing within five working days of the seizure. The decision of the chief of police on the appeal shall be final. Sec. 18.05.070. Violation; penalty. A. Sales and Public Display: Any individual, firm, partnership, corporation or association violating the provisions of this article regarding the sale of fireworks or the requirements for a public display of fireworks shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00 or more than $500.00 for a first offense; a fine of not less than $200.00 or more than $500.00 for a second offense; and a fine of not less than $300.00 or more than $500.00 for a third or subsequent offense. Each day sale within the city limits of a violation constitutes a separate offense. In the case of a violation by a firm, partnership, corporation or association, the manager or members of the partnership or 521 responsible officers or agents shall be deemed to be prima facie responsible, individually, and subject to the penalty as provided. B. Individual or private discharge of fireworks: Any individual violating the provisions of this article regarding the discharge of fireworks shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of $500.00. Each discharge shall constitute a separate offense. Unless the identity of the person discharging fireworks is otherwise distinguishable, the owner(s) or tenant(s) of the real property from where the firework(s) were discharged shall be deemed to be prima facie responsible for the discharge and subject to the penalty as provided. Any damages caused or injuries sustained as a result of any violation of this article shall be ordered paid as restitution as a part of any conviction for any violation. C. Any damages caused or injuries sustained as a result of any violation of this article shall be ordered paid as restitution as a part of any conviction for any violation. CD. The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction. Section 4 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 5 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 6 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. 522 Section 7 Codification Instruction. The provisions of Section 1 shall be codified as appropriate in Chapter 18, Article 5 of the Bozeman Municipal Code. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 523 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ___________, 2023. ____________________________________ 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 therefor held on the ___ day of ______2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 524 525 526