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HomeMy WebLinkAbout03-05-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Formal Cancellation of the March 12, 2024 Regular City Commission Meeting (Maas) F.3 Ratify City Attorney's Retainer of Jordan Crosby to Serve as Legal Counsel for the Board of Ethics Regarding Issues Related to the City Manager's Video(Sullivan) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 5, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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 +1 669 900 9128 Access code: 933 7244 1920 1 F.4 Notice of Intent to Partner with Western Transportation Institute for Application to USDOT 2024 Rural Autonomous Vehicle Program(Ross) F.5 Authorize the City Manager to sign the Notice of Award and contract documents, once received, for the City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project to DN Tanks of Montana, LLC.(Nielsen) F.6 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition for the Purpose of Removing Additional Services From Contract(Jorgenson) F.7 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement for Materials Testing Term Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2024 Construction Season(Gamradt) F.8 Authorize the City Manager to Sign a Task Order Eight with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis of the 8 Aspen Tax Increment Financing (TIF) Assistance Request(DiTommaso) F.9 Authorize the City Manager to Sign a Task Order Nine with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis for a Bozeman Block 104 Tax Increment Financing (TIF) Assistance Request(DiTommaso) F.10 Resolution 5562 Authorizing Change Order 1 with Allied Trenchless for the 2023 CIPP Projects(Gamradt) F.11 Resolution 5569 Modification of Special Improvement Lighting District 748 MSU Innovation Campus(Hodnett) F.12 Resolution 5575 Creation of Special Improvement Lighting District 784 North Park Development(Hodnett) F.13 Resolution 5577 Modification of Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus(Hodnett) F.14 Resolution 5585 Authorizing the City Manager to Sign Change Order 1 for the Municipal Groundwater Test Wells Project with O'Keefe Drilling Company(Heaston) 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 per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 2 H. Action Items H.1 Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich(Saverud) H.2 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7-3-171 through 7-3-193 of the Montana Code Annotated Continued from February 27, 2024(Maas) H.3 Growth Policy Amendment Application, the SRX North GPA, to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 Acres. The Property is Generally Located Between Arnold and Graf Streets and East of South 19th Avenue. This Application 23063 is Associated with a Separate Zone Map Amendment Request, see Application 23059(Rogers) H.4 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the B-2M Portion of the Application(Cramblet) H.5 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39,86 Acres. The Property is Located in the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the REMU Portion of the Application(Cramblet) Consider the Motion: Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich Consider the Motion: Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated. Consider the Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the B-2M element of the South Range Crossing North Zone Map Amendment subject to contingencies required to complete the application processing. 3 I. Pending Business I.1 Tabled Motion Related to Initiation of Outside Investigation into the Conduct of the City Manager(City Commission) J. Appointments J.1 Appointments to the Urban Parks and Forestry Board (Newby) K. FYI / Discussion L. Adjournment Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Consider the Motion: I move to request the City Attorney retain an outside investigator to conduct an investigation into the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024 to determine the basis for the City Manager's comments and determine if other similar behavior and conduct has occurred. This investigation grants the authority to the investigator as provided for in Sec. 2.09 of the City Charter. The results of the investigation must be shared with the entire City Commission, if the City Manager does not resign by close of business on February 14, 2024. Consider the Motion: I move to appoint up to one member to the Urban Parks and Forestry Board to a term ending December 31, 2025 and one member to a term ending December 31, 2024. 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 on our Meeting Videos Page. 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Amanda Genzinger, Accountant I Shana Wold, Accountant II Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:March 5, 2024 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. Please provide approval for checks dated March 6, 2024. 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: February 28, 2024 5 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Formal Cancellation of the March 12, 2024 Regular City Commission Meeting MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Approve cancelling the regular City Commission meeting on March 12, 2024. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Mayor has decided not to meet on March 12, 2024. Per Bozeman Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission may cancel a regular meeting if not business is scheduled for that meeting. This item formalizes this decision to cancel the meeting. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Report compiled on: February 12, 2024 6 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Ratify City Attorney's Retainer of Jordan Crosby to Serve as Legal Counsel for the Board of Ethics Regarding Issues Related to the City Manager's Video MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Having reviewed and considered the retainer of Jordan Crosby to serve as legal counsel for the Board of Ethics regarding issues related to the City Manager's video, I hereby ratify the City Attorney's retainer. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. BACKGROUND:Since the City Attorney is representing the City through it's City Commission on issues related to the statements made by the City Manager from a meeting on January 17, 2024, the City Attorney recommends retaining Jordan Crosby to advise the Board of Ethics in any issue related to the video pursuant to 2.03.600.A.8, BMC. UNRESOLVED ISSUES:None. ALTERNATIVES:N/A FISCAL EFFECTS:Services are billed on an hourly basis, in minimum units of 0.1 hours. Our hourly rates are as follows: Partners $225/hour; Associates $205/hour; Paralegals $120/ hour. Our billing rates are subject to adjustment from time to time, usually in January of each year. Attachments: Retainer Agreement Report compiled on: February 26, 2024 7 8 9 10 11 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT: Notice of Intent to Partner with Western Transportation Institute for Application to USDOT 2024 Rural Autonomous Vehicle Program MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to direct staff to partner with Western Transportation Institute on their impending application to the USDOT 2024 Rural Autonomous Vehicle Program 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 U.S. Department of Transportation (U.S. DOT) seeks competitive cooperative agreement applications for the Rural Autonomous Vehicle (RAV) Program. The RAV program research shall focus on applications of automated vehicles technologies for rural communities that support transportation strategic goals and objectives documented in the U.S. DOT strategic plans and documents listed below. The RAV program research shall address, as applicable, the unique challenges rural and Tribal communities face related to mobility and economic development, including isolation, transportation cost burden, and traffic safety. The RAV program research shall conform with the following priorities of the Administration and Departmental Strategic Plan statements: Safety: U. S. DOT is committed to advancing safe, efficient transportation, including in the RAV Program. The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits the Department to respond to the current crisis in roadway fatalities by ‘taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,’ in pursuit of the goal of achieving zero roadway deaths through a Safe System Approach. The outcomes that are anticipated from the RAV Program should align with the NRSS. 12 Equity: U. S. DOT seeks to award research under the RAV Program that will create proportional impacts to all populations in the program area, including older Americans, low-income households, and people with disabilities, remove transportation related disparities to all populations in the program area, and increase equitable access to program benefits, consistent with Presidential Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). The research should also comply with section 504, 503 and 508 of the Rehabilitation Act. The program's full Notice of Funding Opportunity and additional information can be found here: https://grants.gov/search-results-detail/351434. Western Transportation Institute has approached the City of Bozeman to request joining as a sponsor in this grant opportunity. Due to the growth of the student body and Gallatin Valley, MSU main campus is experiencing challenges in accommodating people mobility, parking, and the movement of people between the main campus and the innovation campus which are about one-mile apart. WTI proposes that leveraging the $15million federal funding potential, MSU is to be a participant in the major autonomous vehicle (AV) initiative with the ultimate goal of providing people mobility by deploying Level 4 transit vehicles on the main campus and the innovation campus, between the two campuses, and linking parking lots by 2030. It is proposed that MSU is to commit a portion of its planned future funding in parking and transit to support the AV initiative. Level 4 AV technology can allow an automobile to drive without the participation of a human driver. Such technologies at Level 4 are already available in pre-defined routes and corridors in the US with some limitations. In 2025, Beep (an AV supplier) has a plan to release its next-gen Level 4 battery-based transit van and its specifications are below with substantially higher speed and automation, and range. It is also proposed that MSU provides $2million match which can come from its planned parking and transit improvement funds to be used through the six-year grant period, with about $1.75million to be spent in years of 3-6 (CY 2028 to 2030). The operation of the AV vans is fully autonomous without drivers resulting in significant labor cost savings over time. 13 The City of Bozeman's proposed grant match may include in-kind contributions from capital projects that will be designed and built with autonomous vehicle technology as a consideration for future resilience. The City's FY25-29 Capital Improvement Plan contains five transportation projects using local funding that will collectively improve connections and expand capacity within the arterial and collector network. The projected total capital cost of these projects $62,723,220. The City's Department of Transportation and Engineering projects that at least 5% of these project costs, representing items such as signage, pavement markings, lighting, and traffic signals, may be justifiable costs for purposes of grant match funding. 5% of these total projected capital costs would therefor represent an in-kind match of $3,136,161. The City of Bozeman may benefit from the development of safe autonomous transit through their potential ability to provide robust and sustainable transit options for the community that may not be feasible under traditional transit service models. Cities of Bozeman's current and projected scale and density have historically been unable to support fast, frequent, reliable transit due to high operating costs relative to the overall tax base. Future development of autonomous transit services may greatly reduce operating costs such that robust transit can be provided to cities of our demographic. Transit expansion is the critical factor in the city's goals to improve year- round, all-ages and abilities transportation options that reduce reliance on automobiles and help meet our climate and multimodal transportation goals. UNRESOLVED ISSUES:None ALTERNATIVES:Decline to join as grant partner. FISCAL EFFECTS:No additional city resources required. Report compiled on: February 28, 2024 14 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to sign the Notice of Award and contract documents, once received, for the City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project to DN Tanks of Montana, LLC. MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract documents, once received, for the City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project to DN Tanks of Montana, LLC. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Gravity Thickener Unit (GTU) at the City Water Reclamation Facility (WRF) has been in service since the 1960’s. The unit is a critical part of the solid’s treatment process and is operated continuously. Though the unit has undergone upgrades over the years, with the most recently completed in 2008, and has been regularly maintained by City staff; due to the unit's age and application the GTU has experienced deterioration of the internal concrete and steel mechanical drive. To prevent future deterioration the City identified a project to rehabilitate the GTU within the Capital Improvement Plan (CIP No. WW83). The City Engineer Staff prepared a bid package comprised of a scope of work to remove of the GTU’s interior concrete and mechanical drive coating, repair and rehabilitate the interior concrete, and recoating of tank interior and mechanical drive. The project was advertised for bid on January 27th, 2024. The bid opening occurred on February 15th, 2024, with one bid received. After review, DN Tanks of Montana, LLC. is recommended for award. This construction contract includes the full scope of work as described above. Attached is the Notice of Award and Contract Documents. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission 15 FISCAL EFFECTS:The contract amount totals $419,000. Funding is provided from the Wastewater Fund with $400,000 allocated for CIP No. WW83 and the additional $19,000 from the WRF’s Small Works Project, CIP. No. WW69, budget, as such adequate funding exists. Attachments: Notice of Award_WRF Gravity Thickener Rehab_DN Tanks.pdf COB WRF 2024 Gravity Thickener Rehabilitation Project_Contract Documents.pdf Report compiled on: February 23, 2024 16 NOTICE OF AWARD Dated: __________________ TO: ___DN Tanks of Montana LLC____ ADDRESS: __11 Teal Road, Wakefield, MA 01880 PROJECT: _ Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project CONTRACT FOR: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project You are notified that your Bid opened on_ February 15th, 2024__, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project. The Contract Price of your Contract is: Four Hundred and Nineteen Thousand and 0/100 Dollars ($419,000.00). Five (5) copies of each of the proposed Contract Documents (except Drawings) 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 Five (5) 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 (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). 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 two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 17 PREPARED B: JANUARY 2024 Prepared By: City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2280 Fax (406) 582-2263 CONSTRUCTION SPECIFICATIONS & CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN WATER RECLAMATION FACILITY 2024 GRAVITY THICKENER REHABILITATION PROJECT 18 Page 1 of 2 TABLE OF CONTENTS CITY OF BOZEMAN, MONTANA WATER RECLAMATION FACILITY 2024 GRAVITY THICKENER REHABILITATION PROJECT January 2024 TABLE OF CONTENTS BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Invitation to Bid SECTION 000200 Instructions to Bidders SECTION 000300 Bid Form Bid Bond Information Required of Bidders Non-Discrimination Affirmation Form SECTION 000500 Agreement Form Payment and Performance Bonds SECTION 000700 Standard General Conditions of the Construction Contact SECTION 000810 Supplementary Conditions Montana Prevailing Wage Rates Standard Forms SECTION 000900 Special Provisions DIVISION 1 – GENERAL REQUIREMENTS SECTION 01010 Summary of Work SECTION 01041 Project Coordination SECTION 01090 References SECTION 01200 Measurement and Payment SECTION 01300 Submittals SECTION 01700 Contract Closeout 19 Page 2 of 2 TABLE OF CONTENTS DIVISION 3 – CONCRETE SECTION 030130 Concrete Rehabilitation and Crack Sealing DIVISION 9 – FINISHES SECTION 099700 Tank Coating System APPENDICES EXHIBIT A CONSTRUCTION ACCESS AND STAGING APPENDIX A GRAVITY THICKENER AS-BUILTS: 2008 IMPROVEMENTS APPENDIX B GRAVITY THICKENER PICTURES AND VIDEOS ** END OF TABLE OF CONTENTS ** 20 INVITATION TO BID Page 1 of 2 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project The City of Bozeman will receive online electronic sealed Bids for Construction of the Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project until 2:00 p.m. (local time) on February 15th, 2024 and then publicly opened and read aloud. Project Description: Rehabilitation of the City of Bozeman Water Reclamation Facility’s Gravity Thickener Tank consists of surface concrete repair and re-coating of the tank's interior with additional evaluation by a Professional Engineer and structural concrete repairs as required and additional work consisting of recoating the tank’s clarifier unit and all related work incidental to construction. The tank is approximately 35 feet in diameter and 12 feet deep. The work will be done under a single contract. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #8942518). Complete digital project bidding documents are available to download at www.questcdn.com, for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $20.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. CONTRACTOR and any of the CONTRACTOR’S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this project on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender 21 INVITATION TO BID Page 2 of 2 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 project 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. Each Bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. To request an invitation to join the bid opening, please email the project manager, Griffin Nielsen at: gnielsen@bozeman.net at least 48 hours prior to the bid opening. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 24th day of January 2024. Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, January 27, 2024 Saturday, February 3, 2024 Saturday, February 10, 2024 22 INSTRUCTION TO BIDDERS Page 1 of 9 SECTION 000200 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #8942518). Complete digital project bidding documents are available to download for a non- refundable charge of ($22). Bidders will be charged an additional fee of ($20) to submit a bid electronically. For electronic bids, scans of required electronic bid documents will be accepted. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. b. A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation to Bid and shall be submitted online through QuestCDN. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c. Contract Documents may be viewed at the following locations: City of Bozeman 20 East Olive Bozeman, MT 59771 Phone: (406) 582-2200 2. BID DOCUMENTS The following documents must be completed and submitted with the Bid. Document forms are attached to the Bid Form: • Information Required of Bidders – The City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project. • Nondiscrimination and Equal Pay Affirmation Form a. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, 23 INSTRUCTION TO BIDDERS Page 2 of 9 bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to un-successful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, they shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 4. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed in writing to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 24 INSTRUCTION TO BIDDERS Page 3 of 9 1. Each Bidder should visit the site of the proposed work and fully acquaint themself with the existing conditions there relating to construction and labor, and should fully inform themself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize themself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner may provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall 25 INSTRUCTION TO BIDDERS Page 4 of 9 fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. To request an invitation to join the bid opening, please email the project manager: Griffin Nielsen at gnielsen@bozeman.net 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD a. Award of the contract shall be to the lowest “responsible” Bidder whose total base bid (schedules 1-2) (if within the funds available) is the lowest “responsible” bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. 26 INSTRUCTION TO BIDDERS Page 5 of 9 c. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. d. The Owner shall award such contract to the lowest “responsible” bidder (18-1-102 MCA). The term “responsible” does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term “responsible” includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; 4. Having the necessary production, construction, technical equipment, and facilities, and; 5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and responsible to carry out the obligations of the Agreement and to complete the Work contemplated therein. 10. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest “responsible” bid may be required to meet with the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b. Contractor's financial status and capability to execute the contract. c. The Contractor's proposed schedule of operations. 27 INSTRUCTION TO BIDDERS Page 6 of 9 d. The interpretation of the Specifications. e. The Contractor's proposed wage rates for use on the project. f. Bidder status concerning “responsibility”. g. Approval of subcontractors. h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized themself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. 28 INSTRUCTION TO BIDDERS Page 7 of 9 b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 13. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. c. Additional copies furnished with a set of bonds may be copies of that original. 14. LABOR AND WAGES a. For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. 29 INSTRUCTION TO BIDDERS Page 8 of 9 e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 15. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. The Owner is an equal opportunity employer. 16. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 17. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. 30 INSTRUCTION TO BIDDERS Page 9 of 9 Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 19. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 20. CONTRACT TIME The Contract Time will be as set forth in the Special Provisions. 21. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 22. MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to execution of the contract. 31 Bid Form: Page 1 of 5 SECTION 000300 This Bid Form is included for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM WATER RECLAMATION FACILITY 2024 GRAVITY THICKENER REHABILITATION CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of WATER RECLAMATION FACILITY 2024 GRAVITY THICKENER REHABILITATION PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 70 calendar days. 32 Bid Form: Page 2 of 5 Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A. That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B. That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C. That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D. That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E. That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Schedule 1: Rehabilitation of the interior of the WRF gravity thickener tank including surface preparation, concrete crack sealing, surface coating, and all related work incidental to construction. Item Description Unit Est. Quantity Unit Price Total Price 101 Taxes, Bonds, Insurance L.S. 1 $ - $ - 33 Bid Form: Page 3 of 5 102 Mobilization L.S. 1 $ - $ - 103 Existing Coating Removal and Interior surface preparation L.S. 1 $ - $ - 104 Concrete Rehabilitation and Crack Repair L.S. 1 $ - $ - 105 Application of the Epoxy Coating to Tank Interior and Launders L.S. 1 $ - $ - 106 Removal and Reinstallation Rubber Squeegee Blades L.S. 1 $ - $ - 107 Miscellaneous Work E.A. 25000 $ 1.00 $ 25,000.00 TOTAL SCHEDULE 1 ESTIMATE $ Schedule 2: Recoating of the exterior of the WRF gravity thickener tank mechanical unit including surface preparation, surface coating, and all related work incidental to construction. Item Description Unit Est. Quantity Unit Price Total Price 201 Existing Coating Removal and Interior surface preparation L.S. 1 $ - $ - 202 Application of the Coating L.S. 1 $ - $ - 203 Miscellaneous Work E.A. 10000 $ 1.00 $ 10,000 TOTAL SCHEDULE 2 BID $ - TOTAL COMBINED SCHEDULE 1 and 2 BID $_____________________ ____________________________________________________________________________________ (TOTAL COMBINED SCHEDULE 1 AND 2 BID - WRITTEN WORDS) BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 and 2 Bid. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in 34 Bid Form: Page 4 of 5 preparation of this Bid: No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated___________________ Submitted this _____ day of _____________________, 2024. SIGNATURE OF BIDDER:__________________________________________ Montana Contractor Registration Number______________________________ [Employer’s Tax ID No. ______________________________.] If an individual:_____________________________________________ doing business as_____________________________________________ If a Partnership:___________________________________________by ________________________________________, partner _____________________________________________ If a Corporation:_____________________________________________ (a) ____________________________________________ by ____________________________________________ (Seal & Title___________________________________________ Attest) Business Address of Bidder: __________________________________ _______________________________________________ If Bidder is a joint venture, other party must sign below: Montana License Number and Class______________________________ 35 Bid Form: Page 5 of 5 If an Individual:_______________________________________ doing business as _________________________________________________. If a Partnership: __________________________________________ by ________________________________Partner __________________________________________ If a Corporation:____________________________________________ (a)______________________________Corporation by _________________________________________ (Seal & Title________________________________________ Attest) 36 37 38 Page 1 of 3 INFORMATION REQUIRED OF BIDDERS – THE CITY OF BOZEMAN WATER RECLAMATION FACILITY 2024 GRAVITY THICKENER REHABILITATION PROJECT (Required to be submitted with bid. See the Instructions to Bidders for details.) The Bidder shall furnish the following information as specified in the Instructions To Bidders. Additional sheets may be attached as required. 1. Contractor name and address: _____________________________________________________________________________________ 2. Contractor’s telephone number: _____________________________________________________________________________________ 3. Names and titles of major officers of Contractor firm: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Name and Date of Contractor’s representative who inspected the site: Name:_______________________________ Date of Inspection: _______________________________ 5. Name, address and telephone number of surety company and agent who will provide required bonds on this contact: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. Attach a list of at least ten (10) construction contracts completed by the Bidder during the last 10 years involving the construction or restoration of concrete tanks, five (5) of which must involve the restoration of tanks with deteriorated concrete/shotcrete walls, floors, and or domes and five (5) of which must involve the installation of high-performance epoxy coating to concrete. The list shall include projects the Bidder is currently working on along with the names, addresses, and telephone numbers of the project owner representative most familiar with the details of the project. State the approximate cost of each project along with the total amount of change orders as a percentage of the original bid price. 39 Page 2 of 3 7. The name and license number professional engineer on staff, registered in the State of Montana, experienced in the rehabilitation of concrete tanks, who will be the specialist tank contractor’s engineer of record for the project: Name:_______________________________ License Number: _______________________________ Attach a resume of the proposed professional engineer on staff including a list and description of all projects on which this individual has acted as project superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent. 8. Name of the proposed resident project superintendent: _____________________________________________________________________________________ _____________________________________________________________________________________ Attach a resume of the proposed resident project superintendent including a list and description of all projects on which this individual has acted as project superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent. 9. Bank reference. List the Bank name, Contact person, and telephone number: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 10. Have you ever failed to complete any work awarded to you? If so, where and why?: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 11. Have you ever defaulted on a contract? If so, where and why? _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 12. Have you ever had any project terminated by the Owner? 40 Page 3 of 3 If so, where and why?: _____________________________________________________________________________________ _____________________________________________________________________________________ 13. Are you involved in any lawsuits or are any lawsuits pending at the present time? If yes, give the details: _____________________________________________________________________________________ _____________________________________________________________________________________ 14. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? _____________________________________________________________________________________ _____________________________________________________________________________________ The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder’s qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner’s requests for information concerning Bidder’s qualifications. Dated this ____________day of ____________, 2024 . Name of Bidder: _______________________ By: __________________________________ Title: ________________________________ END OF INFORMATION REQUIRED OF BIDDERS 41 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION FORM ____________________________________(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 42 SECTION 000500 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2024, by and between CITY OF BOZEMAN, hereinafter called OWNER, and ______________________ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Rehabilitation of the City of Bozeman Water Reclamation Facility’s Gravity Thickener Tank consists of surface concrete repair and re-coating of the tank's interior with additional work consisting of recoating the tank’s mechanical unit and all related work incidental to construction. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed by October 1st , 2024, and within 70 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($ 1,000.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of ___________________________________ ($). 43 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, 44 investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 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. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 45 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and. 7.11 Specifications as listed in the Table of Contents of the Project Manual include Measurement and Payment 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Exhibit A There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 46 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 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. 47 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title _____________________________ (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) c:\wpdocs\forms\agreefrm.mrg 48 49 50 51 52 53 54 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE 55 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. 56 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ...................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor’s Insurance ................................................................................................................ 17 5.05 Owner’s Liability Insurance ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 57 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements .......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 – Engineer’s Status During Construction ......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39 9.10 Compliance with Safety Program ............................................................................................... 40 Article 10 – Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects ......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title .................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 60 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 61 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an 64 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). 65 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 66 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on 67 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 68 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 69 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. 70 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 71 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and 72 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the 73 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. 74 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. 75 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also 76 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: 77 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 78 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 79 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 80 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s 81 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. 82 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 83 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 84 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be 85 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, 86 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 87 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought 88 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and 89 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is 90 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 91 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 92 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . 93 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. 94 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. 95 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 96 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or 97 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 98 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not 99 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 100 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data 101 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 102 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of 103 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not 104 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to 105 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). 106 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or 107 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 108 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 109 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 110 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 111 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an 112 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or 113 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. 114 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before 115 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 116 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying 117 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. 118 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when 119 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days 120 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 121 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 122 Section 000810- 6th Edition Supplementary Conditions to the General Conditions SECTION 000810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. The Notice to Proceed may not issued prior to April 15th, 2024. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph ll.Ol.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. 123 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph ll.Ol.A.S.c. SC - 4.01AVAILABILITY OF LANDS Add to Paragraph 4.0l.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. 124 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 SC- 4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04- UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified 125 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC- 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State b. Applicable Federal (e.g. Longshoremans) c. Employer's Liability Statutory Statutory $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations 126 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 5 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person Each Accident $ 500,000.00 $ 1,000,000.00 Property Damage: Each Accident $2,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence Aggregate $ 1,000,000.00 $ 3,000,000.00 127 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 6 of 13 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. 128 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 7 of 13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00AM. To 5:00P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.l of the General Conditions m its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. 129 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 8 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. 130 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 9 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer’s Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the 131 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 equipment rental rates will be negotiated prior to the work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.l and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.l of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.l.a. through 14.02.D.l.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. 132 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.l of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.l.c to read: .. .entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in 133 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 I Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner 134 Section 00810- 6th Edition Supplementary Conditions to the General Conditions Page 13 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 l.B, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 l.C nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 135 MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2024 Effective: Effective January 13,2024 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59601 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage- rates or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana 136 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication ………………………………………………………………………………………………………………........................................................ 3 B. Definition of Building Construction ………………………………………………………………………………………........................................................ 3 C. Definition of Public Works Contract …………………………………………………………………………………………………………………….……............... 3 D. Prevailing Wage Schedule ……………………………………………………………………………………………………………………………………………........... 3 E. Rates to Use for Projects ……………………………………………………………………………………………………………………………………………….......... 3 F. Wage Rate Adjustments for Multiyear Contracts ………………………………………………………………………………….……………………….......... 3 G. Fringe Benefits ……………………………………………………………………………………………………………………………………………………..………........... 4 H. Prevailing Wage Districts ……………………………………………………………………………………………………………………………………………….......... 4 I. Dispatch City …………………………………………………………………………………………………………………………………………………..…………….......... 5 J. Zone Pay ……………………………………………………………………………………………………………………………………………………….……………............. 5 K. Computing Travel Benefits ……………………………………………………………………………………………………………………………………………........... 5 L. Per Diem …………………………………………………………………………………………………………………………………………………….………………............. 5 M. Apprentices …………………………………………………………………………………………………………………………………………………………………............. 5 N. Posting Notice of Prevailing Wages …………………………………………………………………………………………………………..…………………........... 5 O. Employment Preference …………………………………………………………………………………………………………………………………..……................... 5 P. Projects of a Mixed Nature ......................................................................................................................................................................... 6 Q. Occupations Definitions Website ……………………………………………………………………………....................................................………......... 6 R. Welder Rates ……………………………………………………………………………………………………………………............................................................ 6 S. Foreman Rates …………………………………………………………………………………………………………………........................................................... 6 BOILERMAKERS ………………………………………………………………………………………………………………………............................................................................ 7 BRICK, BLOCK, AND STONE MASONS ………………………………………………………………………………………............................................................................ 7 CARPENTERS …………………………………………………………………………………………………………………………................................................................................ 7 CARPET INTALLERS ………………………………………………………………………………..................................................................................................................... 7 CEMENT MASONS AND CONCRETE FINISHERS ……………………………………………………………………………………………………………….………………................ 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................................................. 8 OPERATORS GROUP 2 ……………………………………………………………………………………………………………............................................................................ 9 OPERATORS GROUP 3 ……………………………………………………………………………………………………………............................................................................ 9 OPERATORS GROUP 4 ……………………………………………………………………………………………………………............................................................................ 10 OPERATORS GROUP 5 ……………………………………………………………………………………………………………............................................................................ 10 OPERATORS GROUP 6 ……………………………………………………………………………………………………………............................................................................ 10 OPERATORS GROUP 7 ……………………………………………………………………………………………………………............................................................................ 11 CONSTRUCTION LABORERS LABORERS GROUP 1 …………………………………………………………………………………………………………….............................................................................. 11 LABORERS GROUP 2 …………………………………………………………………………………………………………….............................................................................. 11 LABORERS GROUP 3 …………………………………………………………………………………………………………….............................................................................. 12 LABORERS GROUP 4 …………………………………………………………………………………………………………….............................................................................. 12 DRYWALL APPLICATORS ……………………………………………………………………………………………………………............................................................................ 12 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL …………………………………………………………….................................................................. 13 ELEVATOR CONSTRUCTORS ………………………………………………………………………………………………………........................................................................... 13 FLOOR LAYERS ……………………………………………………………………………………………………………………….............................................................................. 14 GLAZIERS ……………………………………………………………………………………………………………………………….............................................................................. 14 HEATING AND AIR CONDITIONING …………………………………………………………………………………………………......................................................................... 14 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………..................................................................... 14 IRONWORKERS - REINFORCING IRON AND REBAR WORKERS …………………………………………………………….................................................................... 15 IRONWORKERS - STRUCTURAL IRON AND REBAR WORKERS …………………………………………………………………………………………………………………………. 15 MILLWRIGHTS ………………………………………………………………………………………………………………………….............................................................................. 15 PAINTERS: INCLUDING PAPERHANGERS ………………………...………………………………………………………………....................................................................... 15 PILE BUCKS ……………………………………………………………………………………………………………………………............................................................................... 16 PILOT CAR DRIVERS ……………………………………………………………………………………………………………………………………………………………………………………. PLASTERERS …………………………………………………………………………………………………………………………................................................................................ 16 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ………………………………………………………………………………...................................................................... 17 ROOFERS ………………………………………………………………………………………………………………………………................................................................................ 18 SHEET METAL WORKERS ……………………………………………………………………………………………………………......................................................................... 18 SOLAR PHOTOVOLTAIC INSTALLERS ................................................................................................................................................................................... 19 SPRINKLER FITTERS ………………………………………………………………………………………………................................................................................................. 19 TAPERS …………………………………………………………………………………………………………………………………............................................................................. 20 TELECOMMUNICATIONS EQUIPMENT INSTALLERS ……………………………………………………………………………..................................................................... 20 TERRAZZO WORKERS AND FINISHERS .............................................................................................................................................................................. 20 TILE AND STONE SETTERS …………………………………………………………………………………………………………………………........................................................ 20 TRUCK DRIVERS …………………………………………………………………………………………………………………………......................................................................... 21 137 3 A. Date of Publication Efffective January 13, 2024 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semi- skilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM), 24.17.501(2) – 2(a), states “Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc.” C. Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000…”. D. Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Heavy Construction, Highway Construction, and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor- standards/state-prevailing-wage-rates/ or by contacting the department at (406) 444-6543. E. Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: “(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” 138 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Prevailing Wage Districts Montana counties are aggregated into 4 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: 139 5 I. Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” A dispatch city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 – Kalispell and Missoula: includes Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders; District 2 – Butte and Helena: includes Beaverhead, Broadwater, Deer Lodge, Glacier, Granite, Jefferson, Lewis and Clark, Liberty, Madison, Pondera, Powell, Silver Bow, Teton, and Toole; District 3 – Bozeman and Great Falls: includes Blaine, Cascade, Chouteau, Fergus, Gallatin, Golden Valley, Hill, Judith Basin, Meagher, Park, Petroleum, Phillips, Sweet Grass, and Wheatland; District 4 – Billings, Miles City and Sidney: includes Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Valley, Wibaux, and Yellowstone. J. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section I above for a list of dispatch cities. K. Computing Travel Benefits ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section I above for a list of dispatch cities. L. Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” M. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. N. Posting Notice of Prevailing Wages Section 18-2-406, MCA provides that contractors, subcontractors and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” O. Employment Preference Sections 18-2-403 and 18-2-409, MCA requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. 140 6 P. Projects of a Mixed Nature Section 18-2-408, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” Q. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm R. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. S. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 141 7 WAGE RATES BOILERMAKERS No Rate Established Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, and pressure vessels. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit District 1 $33.11 $17.39 District 2 $33.11 $17.39 District 3 $33.11 $17.39 District 4 $33.11 $17.39 Travel: All Districts 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit District 1 $30.06 $11.48 District 2 $27.50 $14.07 District 3 $30.78 $11.28 District 4 $31.39 $11.74 Duties Include: Install roll and batt insulation, and hardwood floors. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CARPET INSTALLERS No Rate Established Duties Include: Lay and install carpet from rolls or blocks on floors. Install padding and trim flooring materials. ↑ Back to Table of Contents 142 8 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit District 1 $30.55 $6.74 District 2 $29.45 $5.87 District 3 $30.75 $6.51 District 4 $30.00 $7.40 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit District 1 $31.51 $16.68 District 2 $30.61 $16.68 District 3 $30.86 $16.68 District 4 $30.86 $16.68 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay District 2 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Districts 3 and 4 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents 143 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit District 1 $27.85 $ 7.57 District 2 $30.60 $11.06 District 3 $29.60 $10.03 District 4 $31.58 $11.20 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay District 2 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Districts 3 and 4 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit District 1 $30.07 $12.82 District 2 $32.83 $16.68 District 3 $32.31 $10.70 District 4 $29.36 $11.27 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents 144 10 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit District 1 $34.05 $16.68 District 2 $29.05 $12.85 District 3 $30.90 $13.50 District 4 $33.92 $16.68 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit District 1 $35.05 $16.68 District 2 $30.78 $15.32 District 3 $29.05 $15.38 District 4 $35.02 $16.68 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Travel Pay District 1 0-45 mi. free zone >45-85 mi. $60.00/day >85 mi. $90.00/day Zone Pay Districts 2 - 4 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit District 1 $36.11 $16.68 District 2 $36.11 $16.68 District 3 $36.11 $16.68 District 4 $36.11 $16.86 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents 145 11 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit District 1 $37.21 $16.68 District 2 $37.21 $16.68 District 3 $37.21 $16.68 District 4 $37.21 $16.68 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit District 1 $24.55 $12.00 District 2 $24.55 $12.00 District 3 $24.55 $12.00 District 4 $24.55 $12.00 Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit District 1 $26.23 $12.00 District 2 $27.25 $12.00 District 3 $26.29 $ 8.91 District 4 $27.25 $12.00 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents 146 12 CONSTRUCTION LABORERS GROUP 3 Wage Benefit District 1 $25.55 $12.00 District 2 $25.55 $12.00 District 3 $25.55 $12.00 District 4 $25.55 $12.00 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit District 1 $25.60 $12.00 District 2 $26.27 $12.00 District 3 $26.41 $12.00 District 4 $25.60 $12.00 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DRYWALL APPLICATORS Wage Benefit District 1 $31.24 $14.07 District 2 $31.24 $14.07 District 3 $31.24 $14.07 District 4 $31.24 $14.07 Duties Include: Drywall and ceiling tile installation. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents 147 13 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit District 1 $34.15 $15.38 District 2 $33.90 $17.75 District 3 $34.43 $16.40 District 4 $38.86 $16.73 Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. Installation and/or adjusting of building automation controls also during testing and balancing, commissioning and retro-commissioning. Travel: District 1 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-15 mi. free zone >15-45 mi. $0.585/mi. in excess of the free zone. >45 mi. $75.00/day Districts 2 & 3 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-08 mi. free zone >08-50 mi. current federal mileage rate/mi. in excess of the free zone. >50 mi. $71.57/day District 4 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents ELEVATOR CONSTRUCTORS Wage Benefit District 1 $62.25 $45.24 District 2 $62.25 $45.24 District 3 $62.25 $45.24 District 4 $62.25 $45.24 Travel: All Districts 0-15 mi. free zone >15-25 mi. $49.73/day >25-35 mi. $99.45/day >35 mi. $112.90/day Special Provision: .93/mile when added to amounts above if using employee vehicle. ↑ Back to Table of Contents 148 14 FLOOR LAYERS No Rate Established Apply blocks, strips, or sheets of shock-absorbing, sound- deadening, or decorative coverings to floors. ↑ Back to Table of Contents GLAZIERS Wage Benefit District 1 $24.78 $4.33 District 2 $23.28 $5.66 District 3 $23.75 $4.41 District 4 $22.97 $4.37 Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit District 1 $33.00 $20.73 District 2 $33.00 $20.73 District 3 $33.00 $20.73 District 4 $33.30 $20.73 Duties Include: Testing and balancing, commissioning and retro- commissioning of all air-handling equipment and duct work. All Districts 0-45 mi. free zone >45 mi. • $0.25/mi. in employer vehicle. • $0.65/mi. in employee vehicle. Per Diem: All Districts $85/day ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit District 1 $40.56 $21.99 District 2 $40.56 $21.99 District 3 $40.56 $21.99 District 4 $37.34 $21.99 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >50-60 mi. $45.00/day >60 mi. $130.00/day plus • $0.56/mi. if transportation is not provided. ▪ $0.20/mi. if in company vehicle. ↑ Back to Table of Contents 149 15 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit District 1 $33.95 $25.59 District 2 $33.95 $24.50 District 3 $33.95 $24.50 District 4 $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit District 1 $33.95 $24.50 District 2 $33.95 $24.50 District 3 $33.95 $24.50 District 4 $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit District 1 $40.49 $18.84 District 2 $40.49 $18.84 District 3 $40.49 $18.84 District 4 $40.49 $18.84 Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS: INCLUDING PAPERHANGERS Wage Benefit District 1 $30.00 $12.81 District 2 $21.28 $12.81 District 3 $25.55 $12.81 District 4 $30.30 $12.81 Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents 150 16 PILE BUCKS Wage Benefit District 1 $34.50 $14.07 District 2 $34.50 $14.07 District 3 $34.50 $14.07 District 4 $34.50 $14.07 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed and direction of swing. Cut piles to grade. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PILOT CAR DRIVERS No Rate Established ↑ Back to Table of Contents PLASTERERS No Rate Established Duties Include: All materials beyond the substrate, such as a moisture barrier, any type of drainage installation between the moisture barrier and insulation or EPS board, the attachment of the EPS board, installation of fiberglass mesh embedded in the base coat, any water-resistant coat that is applied on top of the insulation to serve as a weather barrier, and the application of the finish coat. ↑ Back to Table of Contents 151 17 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit District 1 $37.63 $16.26 District 2 $37.90 $16.45 District 3 $37.90 $16.45 District 4 $36.71 $20.31 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: Disrict 1 0-30 mi. free zone >30-50 mi. $35.00/day >50-75 mi. $45.00/day >75 mi. $100.00/day Special Provision If transportation is not provided, mileage at $0.35/mi. for one trip out and one trip back is added to the amounts above. However, if the employee is traveling more than 75 miles/day, only subsistence at the rate of $85.00/day is required. Districts 2 & 3 0-45 mi. free zone >45 mi. • $0.00/mi. in employer vehicle. • $0.65/mi. in employee vehicle. Special Provision: At the contractors’ option, mileage for one trip out and one trip back per week may be paid plus subsistence at the rate of $135.00/day. District 4 0-70 free zone >70 mi. • On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. • On jobs when employees work any number of consecutive days: $110.00/day. ↑ Back to Table of Contents 152 18 ROOFERS Wage Benefit District 1 $31.47 $13.26 District 2 $31.47 $13.26 District 3 $29.83 $ 9.20 District 4 $24.42 $ 9.06 Duties Include: Metal roofing, covers roofs, walls and foundations with water proofing, insulation and vapor barriers in addition to metal flashings. Roofing includes shingles, low slope membranes, metal roofs, insulation, spray foam, coatings and vapor barriers. Wall coverings include metal panels, insulated metal panels and other waterproofing or rain screen systems. Foundation systems include waterproofing and insulation. Excludes prefabricated metal buildings. Travel: District 1 0-50 mi. free zone >50 mi. • $0.00/mi. in employer vehicle. • $0.35/mi. in employee vehicle. District 2 and 3 0-35 mi. free zone >35 mi. • $0.00/mi. in employer vehicle. • $0.40/mi. in employee vehicle. District 4 0-50 mi. free zone >50 mi. • $0.00/mi. in employer vehicle. • $0.35/mi. in employee vehicle. Per Diem: District 1 $84.00/day District 2 and 3 Employer pays for room + $30.00/day. District 4 Employer pays for room + $25.00/day. ↑ Back to Table of Contents SHEET METAL WORKERS Wage Benefit District 1 $33.00 $20.73 District 2 $33.00 $20.73 District 3 $33.00 $20.73 District 4 $33.00 $20.73 Duties Include: Testing and balancing, commissioning and retro- commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air conveyer systems, and exhaust systems. All lagging over insulation and all duct lining. All Districts 0-45 mi. free zone >45 mi. • $0.25/mi. in employer vehicle. ▪ $0.65/mi. in employee vehicle. Per Diem: All Districts $85/day ↑ Back to Table of Contents 153 19 SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit District 1 $32.75 $17.75 District 2 $32.75 $17.75 District 3 $33.90 $16.40 District 4 $33.70 $16.40 Travel: Districts 1, 2 and 3 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $60.57/day District 4 No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day ↑ Back to Table of Contents SPRINKLER FITTERS Wage Benefit District 1 $37.66 $23.68 District 2 $39.06 $25.39 District 3 $39.06 $25.39 District 4 $39.06 $25.39 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel All Districts The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $19.00/day >80-100 mi. $29.00/day >100 mi. $105.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip out and one trip back No travel allowance required when in employer’s vehicle except when staying the night. ↑ Back to Table of Contents 154 20 TAPERS No Rate Established Travel and Per Diem: All Districts No travel or per diem established. ↑ Back to Table of Contents TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit District 1 $32.36 $9.73 District 2 $23.33 $7.03 District 3 $24.17 $8.12 District 4 $23.93 $2.32 Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment Travel: All Districts The federal mileage rate/mi. in effect when travel occurs if using own vehicle. Per Diem: All Districts Employer pays for meals and lodging up to $75.00/day. When jobsite is located in Big Sky, West Yellowstone, and Gardiner, lodging and meals will be provided by the employer for all actual and reasonable expenses incurred. ↑ Back to Table of Contents TERRAZZO WORKERS AND FINISHERS No Rate Established Duties Include: Finish work on hard tile, marble, and wood tile to floors, ceilings, and roof decks ↑ Back to Table of Contents TILE AND STONE SETTERS Wage Benefit District 1 $22.94 $3.74 District 2 $22.94 $3.74 District 3 $22.94 $3.74 District 4 $22.94 $3.74 Duties Include: Apply hard tile, stone, and comparable materials to walls, floors, ceilings, countertops, and roof decks. Travel and Per Diem No travel or per diem established. ↑ Back to Table of Contents 155 21 TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit District 1 $23.42 $ 5.30 District 2 $25.00 $ 5.50 District 3 $31.06 $10.16 District 4 $30.60 $ 9.93 Truck drivers include but are not limited to: Combination Truck & Concrete Mixer; Distributor Driver; Dry Batch Trucks; DumpTrucks & Similar Equipment; Flat Trucks; Lowboys, Four-Wheel Trailers, Float Semitrailer; Powder Truck Driver (Bulk Unloader Type); Servicemen; Service Truck Drivers, Fuel Truck Drivers, Tiremen; Trucks with Power Equipment; Truck Mechanic; Water Tank Drivers, Petroleum Product Drivers. Zone Pay: All Districts No zone pay established. ↑ Back to Table of Contents 156 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2024 Effective: January 13, 2024 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at erd.dli.mt.gov/labor-standards or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59620-1503 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana 157 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3 B. Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3 C. Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D. Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3 E. Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3 F. Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3 G. Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H. Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4 I. Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J. Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4 K. Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L. Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4 M. Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N. Employment Preference …………………………………………………………………………………………………………….…………………………....... 5 O. Projects of a Mixed Nature ............................................................................................................................................................ 5 P. Occupations Definitions Website ................................................................................................................................................... 5 Q. Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R. Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5 S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5 BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11 ELECTRICIANS …………………………………………......................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12 LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12 MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….......................................................................................... 13 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14 TRUCK DRIVERS ..................................................................................................................................................................................... 14 158 3 A. Date of January 13, 2024 B. Definition of Heavy Construction The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(a), states “Heavy construction projects include, but are not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway construction.’ Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units – not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells.” C. Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”. D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at (406) 444-6543. E. Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: “(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” 159 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” I. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K. Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 160 5 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-408, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. S. Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed at a location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted flange connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding, welding, or other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification. The proper classification for that work when it is at a location that will always be outside a building is Pipelayer, which is under the Laborer Group 3 classification. 161 6 WAGE RATES BOILERMAKERS Wage Benefit $35.30 $30.94 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $32.32 $16.78 Travel: 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $34.50 $14.07 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS No Rate Established Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. ↑ Back to Table of Contents 162 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $30.76 $14.40 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $31.55 $14.10 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents 163 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $38.00 $15.93 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents 164 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $39.00 $15.93 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $23.08 $11.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $26.57 $11.82 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents 165 10 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $26.07 $11.82 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.76 $11.82 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $48.51 $16.05 Diving $97.52 $16.05 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents 166 11 DIVER TENDERS Wage Benefit $47.55 $16.05 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents ELECTRICIANS Wage Benefit $38.86 $17.75 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit $42.26 $21.99 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >50-60 mi. $45.00/day >60 mi. $130.00/day plus ▪ $0.56/mi. if transportation is not provided. ▪ $0.20/mi. if in company vehicle. ↑ Back to Table of Contents 167 12 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $38.56 $17.93 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $30.11 $17.44 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $50.35 $19.54 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 168 13 MILLWRIGHTS Wage Benefit $40.49 $18.84 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $25.00 $0.00 Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents PILE BUCKS Wage Benefit $34.50 $14.07 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $40.06 $20.71 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: District 4 0-70 free zone >70 mi. ▪ On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. ▪ On jobs when employees work any number of consecutive days: $110.00/day. ↑ Back to Table of Contents 169 14 SPRINKLER FITTERS Wage Benefit $39.06 $25.39 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $23.00/day >80-100 mi. $33.00/day >100 mi. $125.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip out and one trip back No travel allowance required when in employer’s vehicle except when staying the night. >100 mi. $125.00/day ↑ Back to Table of Contents TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit Truck Driver $31.00 $9.37 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents 170 NOTICE OF AWARD Dated: __________________ TO: ____________________________ ADDRESS: ______________________ PROJECT: ______________________ CONTRACT FOR: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project You are notified that your Bid opened on_______________, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project. The Contract Price of your Contract is: ___________________________________________________ Dollars ($____________). Six (6) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One (1) set of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______________. 1. You must deliver to the OWNER Six (6) 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 (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). 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 two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 171 172 MONTHLY PAY ESTIMATE SUMMARY Date Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project City of Bozeman, Montana Estimate No.__ - ____________ to ____________, 2024 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work & Materials Installed:$0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored:$0.00 $0.00 $0.00 Less Materials Used:$0.00 $0.00 $0.00 Subtotal:$0.00 $0.00 $0.00 5% Retainage:$0.00 $0.00 $0.00 Net Earnings:$0.00 $0.00 $0.00 Less 1% Gross Receipts Tax:$0.00 $0.00 $0.00 Gross Payment:$0.00 $0.00 $0.00 Less Previous Payments:$0.00 Net Payment this Estimate:$0.00 $0.00 Percent Time Elapsed:#VALUE! Work Done Based on Installed Cost:#DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy):70 Stop/Resume Work Orders (dy):0 Approved Time Extensions (dy):0 New Contract Completion Time (dy):70 Contract Completion Date:3/10/1900 Contract Cost Data: Amount of Original Contract:$0.00 Approved Changes:$0.00 Revised Amount:$0.00 Approved by ______________ (Contractor): Approved by City of Bozeman (Owner): 173 PAY ESTIMATE City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project CONTRACTOR:ENGINEER:City of Bozeman P.O. Box 1230 Bozeman, MT 59771 PAY ESTIMATE NO. ___ __________ to __________, 2024 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE 101 Taxes, Bonds, Insurance L.S.1 102 Mobilization L.S.1 103 Existing Coating Removal and Interior surface pre L.S. 1 104 Concrete Rehabilitation and Crack Sealing L.S.1 105 Application of the Epoxy Coating to Tank Interior L.S.1 106 Removal and Reinstallation of Weir Plates and R L.S.1 107 Miscellaneous Work E.A. 25000 201 Existing Coating Removal and Interior surface pre L.S. 1 202 Application of the Epoxy Coating L.S.1 203 Miscellaneous Work E.A. 10000 SUBTOTAL BID ITEM WORK INSTALLED #REF!#REF!#REF! Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL #REF!#REF!#REF! Total Amount Due $0.00 $0.00 $0.00 Less Retainage 5%$0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1% Gross Reciepts Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less Previous Payments $0.00 $0.00 Total Due This Payment $0.00 $0.00 174 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________ PO Box 1230 ⋅ Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ ________________ VENDOR # ________________ DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _ DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________ I, the undersigned, do solemnly swear, that I am of . _ _ OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# ____________ Business License # ___ ________ THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. 175 176 177 178 Work Change Directive No. _____ Date of Issuance: _____________________ Effective Date: _____________________ Project: Owner: City of Bozeman Owner’s Contract #: Contract: Date of Contract: Contractor: Engineer’s Project #: You are directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Other: Estimated change in Contract Price and Contract Times: Contract Price $___________________ (increase/decrease) Contract Time ___________(increase/decrease) If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency (if applicable): Date: 179 Page 1 of 2 R:\Dropzones\Griffin\City Projects\WRF\Gravity Thickener Rehab\Bid Package\FINAL PDF\16-COB Change Order Form.doc CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 180 Page 2 of 2 R:\Dropzones\Griffin\City Projects\WRF\Gravity Thickener Rehab\Bid Package\FINAL PDF\16-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 181 Order to Contractor to Suspend Work – Page 1 of 1 R:\Dropzones\Griffin\City Projects\WRF\Gravity Thickener Rehab\Bid Package\FINAL PDF\17-suspend_wrk.doc 1/28/24 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: 182 Order to Contractor to Resume Work – Page 1 of 1 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective . Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: 183 SECTION 000900 Special Provision Page 1 of 7 SECTION 000900 SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the rehabilitation of the City of Bozeman Water Reclamation Facility’s Gravity Thickener Tank as specified herein by these Contract Documents. All correspondence and official authorization concerning the work shall be with the City Engineer or there designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves rehabilitation of the City of Bozeman Water Reclamation Facility’s Gravity Thickener Tank including: removal of the existing coating, surface concrete repair and re- coating of the tank's interior including the launders; concrete polyethylene grout injection; evaluation by a Professional Engineer of the internal concrete of the tank and certified recommendation for repairs; removal of the existing coating, and re-coating of the tank's interior tank’s clarifier unit; and all related work incidental to construction. 3. AWARD OF CONTRACT If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined (Schedule 1 thru 3) Bid. The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who’s Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that their Bid has been accepted and that they has been awarded a contract. 184 SECTION 000900 Special Provision Page 2 of 7 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. A notice to proceed may not be issued prior to April 15th, 2024. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically after the number of calendar days stated as Contract Time or on October 1st, 2024, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of (Amount) per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. 185 SECTION 000900 Special Provision Page 3 of 7 No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. They shall be in a position to direct the work and make decisions either directly or through immediate contact with their superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. 186 SECTION 000900 Special Provision Page 4 of 7 The Contractor shall limit working hours to 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved in writing by the Owner. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City’s Water Reclamation Facility Offices at 2245 Springhill Road, for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The time and date shall be agreed upon in writing by both the Owner and the Contractor. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all construction operations within the owner’s property and designated project location(s) unless written approval is secured from the owner and/or owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 18. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless otherwise directed herein. Where waste materials are disposed on private property not owned by the 187 SECTION 000900 Special Provision Page 5 of 7 Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. This project is less than 1.0 acres in area and therefore a storm water pollution prevention plan (SWPPP) is required to be submitted to the City of Bozeman Stormwater Division. Compiling and submitting the SWPPP is the responsibility of the contractor. This plan must be approved by the city prior to scheduling a preconstruction meeting. No construction activities may take place under this contract until the SWPPP has been approved. The city will review the permit for adequacy. Please allow 1 week for the City to review the SWPPP. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into the city stormwater system or into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Montana DEQ, Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. 19. PROTECTION OF EXISTING SURFACING All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to surfacing including but not limited to asphalt, concrete, or landscaping shall be corrected by the Contractor, at their expense, in a manner as directed by the Engineer. 22. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer. 188 COBMODS 6th Edition Page 6 of 28 SECTION 09810 Any costs for the above referenced work shall be at the contractor’s expense. 23. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 24. INSURANCE Insurance coverage required under this contract shall extend, at a minimum, to thirty (30) days beyond the end of the contract time and shall be extended with the Contractor Time if authorized by Change Order. Acceptance/Correction of Deficient Pavement Improvements Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, placing additional material, or in lieu of corrective action, payment of a penalty to the OWNER in certain instances. 41. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 –year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 54. LIMITS OF CONSTRUCTION The limit of construction are within the exterior walls of the WRF’s Gravity Thickener Unit. 189 COBMODS 6th Edition Page 7 of 28 SECTION 09810 55. SUBSTANTIAL COMPLETION The project shall be considered substantially complete when the following has been completed and accepted by the engineer: 1. The entirety of the interior of the tank, including the launder, has been epoxy coated cured, and tested. 2. The entirety of the mechanical unit, including the launder, has been epoxy coated cured, and tested. All rubber squeegee blades have been reinstalled. 190 DIVISION 1 – GENERAL REQUIREMENTS Section 001010 SUMMARY OF WORK Page 1 of 3 SECTION 001010 SUMMARY OF WORK PART 1 GENERAL 1.01 DESCRIPTION OF WORK COVERED BY THIS CONTRACT A. The work specified herein consists of improvements to be made to the City of Bozeman Water Reclamation Facility Gravity Thickener Unit. The tank is located centrally within the WRF property, at 2245 Springhill Road in the City of Bozeman, as shown in the attached Exhibit A. The unit tank is partially buried and measures approximately 35’ in diameter and 12’ in depth. The tank has a manufactured roof system with removable panel coverings. Shop drawings are available at the Contractor's request. This section specifies the design and construction of rehabilitation a work to be completed on the existing concrete gravity thickener tank, including removal of the existing coating concrete work, and application of new coatings, as well as the removal of the existing coating for the Gravity Thickener’s steal mechanical unit and application of new coatings. Work specified by these Contract Documents shall be substantially complete on or before October 1st, 2024. B. Summary of Work a. Remove existing coating on the interior floor, wall, and launder. b. Remove and reinstall existing rubber squeegee blades. c. Sounds interior tank wall and remove and patch unsound concrete. d. Fill interior cracks and joints. e. Application of new coating on the interior wall and launder. f. Preserve and protect all components of the clarifier drive and rake arm. g. Bid Alternate: Remove existing coating and recoat exterior surfaces of all metal components of the clarifier drive and rake arm. 1.04 DISPOSAL OF COATING WASTE A. The Contractor is responsible for the disposal of the removed coating at an approved disposal site and must follow all applicable rules and regulations regarding the transport and disposal of the waste. 191 DIVISION 1 – GENERAL REQUIREMENTS Section 001010 SUMMARY OF WORK Page 2 of 3 1.05 GUARANTEE A. The Contractor shall guarantee the work against defective materials or workmanship for a period of two (2) years from the date of completion. If any materials or workmanship prove to be defective within two (2) years, they shall be replaced or repaired by the Contractor at the Contractor’s expense. A.06 OSHA REGULATIONS A. The Contractor will be responsible to comply with all applicable Occupational Safety and Health Administration Construction Standards. B. Any conflicting information between OSHA documentation and these Contract Documents shall be revised so the OSHA documents supersede and take precedence over all other conflicting information. The Contractor shall be required to obtain copies of the OSHA document(s) and to complete review of the same to avoid misrepresentation of OSHA regulations. 1.07 OWNER PROVIDED SERVICES A. City of Bozeman personnel will drain, remove solids from the tank and interior sludge cleanout, and power wash the interior of the Gravity Thickener to remove all foreign matter, dust, dirt, laitance or other surface contaminants before the issuance of the Notice to Proceed. B. City of Bozeman personnel will remove the Gravity Thickener roof panels prior to the start of construction and will replace the panels upon completion. C. The Owner will provide to the Contractor, without charge, potable water for construction during the construction period. 1.08 FIELD OFFICE FACILITIES A. The City of Bozeman will allow for field office facilities and material storage to occur on the WRF property at the location(s) shown on Exhibit A. The area must be kept clean and free of garbage and debris at all times. Any areas damaged due to the Contractor’s operations will be repaired and reseeded and thus brought back to the original condition of the land by the Contractor. 1.09 SITE ACCESS A. Access to the site shall be from the WRF southwest gate off Moss Bridge Rd as shown on Exhibit A: Construction Access and Staging. B. The Southwest gate shall remain closed and locked at all times. The constructor shall call the WRF Superintendent or Assistant Superintendent to have the gate unlocked and opened when accessing the property, per Section 01041. 192 DIVISION 1 – GENERAL REQUIREMENTS Section 001010 SUMMARY OF WORK Page 3 of 3 C. The contractor shall follow the access route to and from the project site and their designated stage area. D. The Contractor shall not block or impede any drive aisle or facility accesses or equipment access. E. The OWNER may allow changes to site access at their discretion upon request by the Contractor. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED ** END OF SECTION 01010 ** 193 DIVISION 1 – GENERAL REQUIREMENTS Section 001041 PROJECT COORDINATION Page 1 of 2 SECTION 001041 PROJECT COORDINATION PART 1 GENERAL 1.01 DESCRIPTION A. This section specifies the requirements for coordinating and sequencing the work under the Contract Documents and requirements regarding existing site conditions. 1.02 COORDINATION WITH PUBLIC AND PRIVATE AGENCIES A. The Contractor will coordinate access to the site with the Engineer and Water Reclamation Facility (WRF) Superintendent or Assistant Superintendent. Contact as follows: Tom Radcliffe, Superintendent Ph: 406-582-2928 OR Jon Kercher, Assistant Superintendent Ph: 406-582-2935 B. The WRF Superintendent or Assistant Superintendent may direct the contractor to coordinate access with other WRF staff. WRF Superintendent or Assistant Superintendent shall provide the contractor with the phone number for the WRF staff in writing. C. Contact the Montana one-call system for utility locations prior to starting any excavation if necessary. Ph: 1-800-424-5555. 1.03 PROJECT MEETINGS OR REPORTS A. Progress Meeting: The Owner may schedule regular progress meetings approximately every one to two weeks to review work progress, schedules, and other matters needing discussion and resolution. At a minimum, each meeting must be attended by the Contractor’s project manager or field superintendent. B. A monthly progress report shall be provided with an updated schedule by the Contractor prior to the submission of the application for progress payment. No progress payments shall be made to the Contractor without prior submittal and subsequent review of the associated progress report and updated schedule. If the work falls behind schedule, the Contractor shall submit progress reports at such intervals as the Owner or Engineer may request. Each progress report shall 194 DIVISION 1 – GENERAL REQUIREMENTS Section 001041 PROJECT COORDINATION Page 2 of 2 include sufficient narrative to describe current and anticipated delaying factors, their effect on the construction schedule, and proposed corrective actions to meet the agreed-upon schedule. Any work reported complete, but which is not readily apparent to the Engineer must be substantiated with satisfactory evidence. 1.04 EXISTING SITE CONDITIONS A. Any damage that occurs to landscaping, fencing, asphalt, and damage to all other existing site conditions and structures as a result of the Contractor’s operation will be repaired, replaced and/or rectified at the Contractor’s expense to a condition matching that prior to construction. B. The Contractor will be responsible for all claims relating to property damage resulting from this project, no matter whether the claim is public or private. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED ** END OF SECTION 01041** 195 DIVISION 1 – GENERAL REQUIREMENTS Section 001090 REFERENCES Page 1 of 4 SECTION 001090 REFERENCES PART 1 GENERAL 1.01 COORDINATION OF CONTRACT DOCUMENTS 1.02 DEFINITIONS A. These specifications use “Article 1 – Definitions” of the Standard General Conditions of the Construction Contract, Form No. C-700 prepared and issued by the Engineer’s Joint Contract Documents Committee (EJCDC), for the definition of terms herein. Changes to definitions are to be either substitution for the article or in Supplementary Conditions. 1.03 REFERENCES A. This section lists some of the construction industry organizations, professional and technical associations, societies and institutes, and government agencies issuing, promoting, or enforcing standards in the Contract Documents along with the abbreviations commonly used for those references. Also included are general requirements for using industry standards specified, and for applying quality control standards. 1.04 USE OF REFERENCE STANDARDS A. Work specified by reference to a published standard or specification of a government agency, technical association, trade association, professional society or institute, testing agency, or other organization must meet or exceed the minimum quality standards for the material and workmanship in the designated standard or specification. B. Where specified, assure products or workmanship meet the prescriptive or performance requirements in the Contract Documents when it is a more stringent standard than the referenced standard. Contract should reference only one specification to prevent argument as to which specification is most stringent. C. Where the specific issue date of the standard is not identified in the standard, the edition and all published amendments available on the date of the Invitation to Bid applies. D. If two or more standards are specified, provide the product and workmanship meeting or exceeding the requirements of the most stringent standard. 196 DIVISION 1 – GENERAL REQUIREMENTS Section 001090 REFERENCES Page 2 of 4 E. If a conflict exists between standards, meet the more stringent standard. F. Where both a standard and a brand name are specified, assure the proprietary product names meet or exceed the specified reference standard. The listing of a trade name in a Contract Document does not warrant that the product meets the referenced standard. G. Copies of Standards 1. Copies of applicable referenced standards are not bound in these Contract Documents. 2. Where the contractor needs copies of standards for work superintendence and quality control, obtain a copy or copies directly from the publication sources and maintain copies at the job site, making them available to Contractor personnel, subcontractors, Owner, and Engineer. 1.05 ABBREVIATIONS A. Abbreviations for Trade Organizations and Government Agencies: Following is a list of construction industry organizations and government agencies commonly referenced in Contract Documents, with abbreviations used. AA Aluminum Association AAMA Architectural Aluminum Manufacturers’ Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AFBMA Anti-Friction Bearing Manufacturers’ Association AGA American Gas Association AGMA American Gear Manufacturers’ Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Steel Construction ALS American Lumber Standards AMCA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute AREA American Railway Engineering Association ARI Air Conditioning and Refrigeration Institute ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 197 DIVISION 1 – GENERAL REQUIREMENTS Section 001090 REFERENCES Page 3 of 4 ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers’ Association AWPB American Wood Preservers’ Bureau AWPI American Wood Preservers’ Institute AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturers’ Association CBMA Certified Ballast Manufacturers’ Association CDA Copper Development Association CGA Compressed Gas Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers’ Association of America CRSI Concrete Reinforcing Steel Institute FGMA Flat Glass Marketing Association FM Factory Mutual Fed Spec Federal Specifications FS Federal Specifications GA Gypsum Association HI Hydraulic Institute HMI Hoist Manufactures’ Institute ICBO International Conference of Building Officials ICEA Insulated Cable Engineers’ Association ICRI International Concrete Repair Institute IEEE Institute of Electrical and Electronics Engineers, Inc. IES Illuminating Engineering Society of North America ISA Instrument Society of America JIC Joint Industry Conferences of Hydraulic Manufacturers MIA Marble Institute of America Mil Sp. Military Specification MS Military Specification MMA Monorail Manufacturers’ Association NAAMM National Association of Architectural Metal Manufacturerss NACE National Association of Corrosion Engineers NBHA National Builders’ Hardware Association NEC National Electrical Code NEMA National Electrical Manufacturers’ Association NESC National Electrical Safety Code NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLMA National Lumber Manufacturers’ Association NTMA National Terrazzo and Mosaic Association NWMA National Woodwork Manufacturers’ Association 198 DIVISION 1 – GENERAL REQUIREMENTS Section 001090 REFERENCES Page 4 of 4 OECI Overhead Electrical Crane Institute OSHA Occupational Safety and Health Act (both Federal and State) PEI Porcelain Enamel Institute PS Product Standards Section – U.S. Department of Commerce RLM RLM Standards Institute, Inc. RMA Rubber Manufacturers’ Association SAE Society of Automotive Engineers SDI Steel Deck Institute SDI Steel Door Institute SIGMA Sealed Insulating Glass Manufacturing Association SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council SWI Steel Window Institute TEMA Tubular Exchanger Manufacturers’ Association TCA Tile Council of America UBC Uniform Building Code UFC Uniform Fire Code UL Underwriters’ Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WRF Water Reclamation Facility WWPA Western Wood Products Association PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED ** END OF SECTION 01090** 199 DIVISION 1 – GENERAL REQUIREMENTS Section 001200 MEASUREMENT AND PAYMENT Page 1 of 3 SECTION 001200 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 GENERAL A. The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. B. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. C. The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the Work, including furnishing all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form, but required in the Contract Documents, shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. 1.02 ESTIMATED QUANTITIES A. Either Owner or Contractor may request in writing that a supplemental agreement or change order be prepared to authorize an adjustment in the unit price of any MAJOR CONTRACT item if the quantity of said MAJOR CONTRACT item increases or decreases by more than 25 percent from that shown in the Contract Documents. A major contract item is defined as any bid item for a particular schedule having an original contract value in excess of ten (10) percent of the total original contract price for the entire bid schedule. 1.03 MEASUREMENT AND PAYMENT ITEMS Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent 200 DIVISION 1 – GENERAL REQUIREMENTS Section 001200 MEASUREMENT AND PAYMENT Page 2 of 3 (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. Item 103: (Tank Existing Coating Removal and Interior Surface Preparation) – Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, proper disposal of all waste materials, and testing necessary or incidental for completion of the item. Payment for this item shall be made in full (100%) upon full completion and submission of test results. Item 104: (Concrete Rehabilitation and Crack Sealing) Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, proper disposal of all waste materials, and testing necessary or incidental for completion of the item. Payment for this item shall be made in full (100%) upon full completion and submission of test results. Item 105: (Application of Epoxy Coating to Tank Interior and Launder) – Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, proper disposal of all waste materials, clean up, and testing necessary or incidental for completion of the item. Payment for this item shall be made in full (100%) upon full completion and submission of test results. Item 106: (Removal and Reinstallation of Weir Plates and Rubber Squeegee Blades) – Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, and testing necessary or incidental for completion of the item. Fifty percent (50%) to be paid upon complete removal of all weir plates and rubber squeegee blades, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. Item 107, 203: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. Item 201: (Mechanical Unit Existing Coating Removal and Interior Surface Preparation) – Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, proper disposal of all waste materials, and testing necessary or incidental for completion of the item. Payment for this item shall be made in full (100%) upon full completion and submission of test results. 201 DIVISION 1 – GENERAL REQUIREMENTS Section 001200 MEASUREMENT AND PAYMENT Page 3 of 3 Item 202: (Application of Epoxy Coating to Tank Interior and Launder) – Measurement and payment for the item shall be lump sum, which will include all include all materials, equipment, labor, proper disposal of all waste materials, clean up, and testing necessary or incidental for completion of the item. Payment for this item shall be made in full (100%) upon full completion and submission of test results. ** END OF SECTION 01200** 202 DIVISION 1 – GENERAL REQUIREMENTS Section 001300 SUBMITTALS Page 1 of 2 SECTION 001300 SUBMITTALS PART 1 GENERAL 1.01 CONSTRUCTION SCHEDULES A. Submit to the Engineer a progress schedule under Section 2.05, 2.07, and 6.04 of the General Conditions. B. Submit to the Engineer adjusted progress schedules under Section 6.04 of the General Conditions. C. Submit to the Engineer, value schedules under Sections 2.05, 2.07, and 14.01 of the General Conditions. 1.02 SHOP DRAWINGS, PRODUCT DATE, AND SAMPLES A. Submit shop drawings to the Engineer under Sections 2.05, and 5.17 of the General Conditions. Submit all shop drawings for the Contractor, subcontractor(s) and suppliers(s). B. Review all shop drawings prior to submittal in accordance with Section 6.17 of the General Conditions. C. Submit in writing any substitutions to previously approved items for review by the Engineer. D. Within 15 days after Notice to Proceed, submit a complete list of products proposed for use, providing manufacture’s name, trade name, and model or catalog numbers, and manufacturer data. Submit the number of copies needed by the Contractor, plus three copies for Engineer use. E. Where specified, submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Where specified, submit samples of finishes including colors, textures, and patterns. F. Any review by the Owner and Engineer will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under these Contract Documents. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in these Contract Documents. 203 DIVISION 1 – GENERAL REQUIREMENTS Section 001300 SUBMITTALS Page 2 of 2 PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED ** END OF SECTION 01300** 204 DIVISION 1 – GENERAL REQUIREMENTS Section 01700 CONTRACT CLOSEOUT Page 1 of 3 SECTION 001700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 CLEANUP A. Before final inspection (as outlined in Section 14.06 of the General Conditions) execute the following. 1. Where applicable, clean interior and exterior surfaces. Remove temporary labels. 2. Where applicable, clean equipment and fixtures to a sanitary condition. 3. Remove debris, waste, surplus materials, and rubbish from the tank's inlet outlets, and any other appurtenance affecting operations of the gravity thicker. 4. Remove debris, waste, surplus materials, and rubbish from the site, right-of-way, easements (construction and/or permanent) and private property. 5. Where applicable, remove debris, dirt, and silt from storm drain basins, sanitary sewer and storm drain manholes, and water valve boxes. 6. Rake landscaped surfaces clean of debris. 7. Where applicable, remove temporary coverings from traffic control devices. 8. Clean traffic control devices and signs. 9. Where applicable, remove temporary traffic striping. 10. Sweep dirt and debris from all paved areas affected by the work. 1.02 RECORD DOCUMENTS A. Submit record documents as outlined in the General Conditions. Final payment will not be processed until the documents are submitted to and approved by the Engineer. 205 DIVISION 1 – GENERAL REQUIREMENTS Section 01700 CONTRACT CLOSEOUT Page 2 of 3 1.03 OPERATION AND MAINTENANCE DATA A. Where applicable, submit two sets, before final inspection, bound in three ring binders. Prepare a table of contents for each volume with each product or system identified. B. Where applicable, prepare the following: 1. Directory, listing names, addresses and telephone numbers of Contractor, Subcontractor, and Equipment Supplies. 2. Operations and maintenance instructions, arranged by system. For each category, identify the applicable Contractor(s) or Subcontractor(s) and Suppliers. Identify the following: a. Significant design criteria b. List of equipment c. Parts list for each component d. Operating instructions e. Maintenance instructions. 1.04 WARRANTIES AND BONDS A. Submit with final payment request all warranty certificates, lien releases, and consent of security forms. 1.05 FINAL INSPECTION A. The Contractor shall request a final inspection in writing prior to the anticipated date of completion. B. Work will not be considered ready for final inspection until it has been completed and the Contractor has certified that all items are properly operating and in strict compliance with the Contract Documents. C. The Contractor or his project supervisor shall be at the job-site during the final inspection. D. The Engineer will present to the Contractor, after the final inspection, a list of any items not meeting contract requirements. This list will be confirmed in writing by the Engineer and all items on it must be made acceptable before final payment will be made. 206 DIVISION 1 – GENERAL REQUIREMENTS Section 01700 CONTRACT CLOSEOUT Page 3 of 3 PART 2 PRODUCTS – NOT USED PART 3 EXECUTION – NOT USED ** END OF SECTION 01700** 207 DIVISION 3 – CONCRETE Section 030130 CONCRETE REHABILITATION AND CRACK SEALING Page 1 of 5 SECTION 030130 CONCRETE REHABILITATION AND CRACK SEALING PART 1 GENERAL 1.01 SUMMARY A. Sections Includes: a. Repair of surface and subsurface defects in existing concrete construction. b. Repair of cracks wider than 0.010IN in existing concrete construction. c. Repair of cracks wider than 0.010IN in new concrete construction, where approved or directed by the Engineer or Owner, as remedy for deficient construction. B. Related Specifications Sections include but are not limited to: a. Division 00 – Procurement and Contracting Requirements b. Division 01 – General Requirements c. Division 09 – Finishes 1.02 QUALITY ASSURANCE A. Reference Standards: All Codes shall be considered the most current version of that code unless noted otherwise are made part of this specification to the extent referenced. 1. American Concrete Institute (ACI) i. ACI 301 Specifications for Structural Concrete ii. ACI 305 Hot Weather Concreting iii. ACI 306 Cold Weather Concreting iv. ACI 318 Building Code Requirements for Reinforced Concrete and Commentary v. ACI 350 Code Requirements for Environmental Engineering Concrete Structures and Commentary vi. ACI 506R Guide to Shotcrete 2. American Society for Testing and Materials (ASTM) International i. ASTM D4259-88 – Abrading Concrete. ii. C150, Standard Specification for Portland Cement. iii. C309, Standard Specification for Liquid Membrane-Forming Compounds for CuringConcrete. iv. C881, Standard Specification for Epoxy-Resin-Base Bonding Systems for Concrete. v. C1315, Standard Specification for Liquid Membrane-Forming Compounds Having Special Properties for Curing and Sealing Concrete. vi. D4258, Standard Practice for Surface Cleaning Concrete for Coating. vii. D4259, Standard Practice for Abrading Concrete. 3. International Concrete Repair Institute (ICRI). 208 DIVISION 3 – CONCRETE Section 030130 CONCRETE REHABILITATION AND CRACK SEALING Page 2 of 5 i. 310.1R, Guide for Surface Preparation. ii. 310.1R, Guide for Surface Preparation for the Repair of Deteriorated Concrete Resulting from Steel Corrosion. 4. The Society for Protective Coating (SSPC)/National Association of Corrosion Engineers (NACE) i. SSPC SP-13/NACE No.6 – Surface Preparation for Concrete. B. Qualifications: a. Contractor shall meet one of the following requirements: i. Contractor shall have a minimum of five (5) years current experience in the repair and rehabilitation of concrete structures in facilities of similar size and environmental exposures and have a Professional Engineer licensed in the State of Montana with five (years) of experience in the design and rehabilitation of concrete tanks, conduct inspections, tests and certify that the work complies with the Specifications Section. 1.03 DELIVERY, STORAGE, AND HANDLING A. Comply with manufacturer's recommendations and requirements for materials used. 1.04 PROJECT CONDITIONS A. Environmental limitations: Comply with manufacturer’s written instructions for substrate temperature and moisture content, ambient temperature and humidity, ventilation, and other conditions affecting performance of concrete repair products. PART 2 PRODUCTS 2.01 MATERIAL A. Concrete Repair and Rehabilitation a. Concrete restoration material: Euco Repair V100, Tammspatch II and Tamms Structural Mortar by Euclid Chemical Company or other approved equal. b. Bonding agents shall be used be allows proper placement of new material against existing material as prescribed by manufacturer. a. For repair of existing concrete damage when no reinforcement is exposed use Epoxy Bonding Adhesive. b. For repair of existing concrete damage when reinforcement is exposed use Anti-Corrosion. i. Anti-corrosion Reinforcing Bonding Agent: ECB by Conproco, Dural Prep AC by Tamms, Sika Armatec other approved equa 2.02 CRACK SEALING 209 DIVISION 3 – CONCRETE Section 030130 CONCRETE REHABILITATION AND CRACK SEALING Page 3 of 5 A. Injection Grout shall be SikaFix HH LV by Sika Corporation, Inc., Lyndhurst, NJ, or equivalent. PART 3 EXECUTION 3.01 CONCRETE REPAIR A. Removal of Unsound Concrete 1. Sound the interior of the tank wall to determine the condition of the concrete. 2. Remove loose and unsound concrete with appropriate chipping hammer to sound material with a minimum depth of 3/8 in. over the complete repair area, except do not cut any sound (substantially uncorroded) mesh reinforcing. B. Surface Preparation: Clean the surface by removing any dust, unsound or contaminated material, laitance, and corrosion deposits. Clean loose corrosion deposits from exposed reinforcing. Where chipping is not required to remove unsound material, roughen the surface and remove any laitance by light scrabbling. High-pressure wash with clean water, at a minimum pressure of 3,500 psi, prior to priming exposed reinforcing and substrate. C. Prime exposed existing reinforcing steel by applying one full coat of approved bonding agent material. Allow to dry before applying patching. If any doubt exists about having achieved an unbroken coating, a second application shall be made and, again, allowed to dry before applying patching. D. Prime substrate after it is saturated surface dry (i.e.: thoroughly soaked with clean water and any excess water removed) with a slurry of the repair mortar in accordance with the manufacturer’s directions. Using a stiff mason’s brush, the slurry shall be scrubbed into the substrate where access is not impeded by new wire mesh reinforcing. The repair mortar shall be installed as soon as the slurry becomes tacky and before it dries. E. Mix patching mortar in strict accordance with manufacturer’s directions. Use only material from original bags and containers. F. Application of patching mortar. 1. Exposed steel reinforcing bars and welded wire fabric shall be firmly secured to avoid movement during the application process, as this will affect mortar compaction, build and bond. 2. Apply the patching mortar to the prepared substrate by gloved hand or trowel. First, work a thin layer of the mortar into the slurry and then build the mortar onto this layer. Thoroughly compact the mortar onto the primed substrate and around the exposed reinforcement. 3. Apply the patching mortar in strict accordance with the manufacturer’s directions. 210 DIVISION 3 – CONCRETE Section 030130 CONCRETE REHABILITATION AND CRACK SEALING Page 4 of 5 4. If sagging occurs during applications, the patching mortar shall be completely removed and reapplied at a reduced thickness onto the correctly re-primed substrate. G. Finish the patching mortar by striking off with a straight edge and closing with a steel float. H. Low temperature conditions: In cold weather, normal precautions for winter when working with cementitious materials shall be adopted. The material shall not be applied when the substrate and/or air temperature is 45°F (7°C) and falling. At 45°F (7°C) static temperature or at 45°F (7°C) and rising, the application may proceed. Do not apply if the temperature is expected to fall below 45°F (7°C) within 24 hours of application. Comply with manufacturer’s directions for cold weather applications. I. High temperature conditions at ambient temperatures about 80°F (26°C), the materials shall be stored in the shade. Comply with manufacturer’s directions for hot weather applications. J. Water cure finished surfaces of patches using fine mist spray or wet burlap against surface for a minimum of seven (7) days after initial set of patch material. K. Cure finished surfaces of interior patches by method acceptable to owner. L. Store all materials in cool, dry conditions in the original unopened bags or cans, and in strict accordance with manufacturer’s directions. Do not use materials that have been stored for periods longer than the manufacturer’s recommended shelf life. 3.02 CRACK SEALING A. General 1. All cracks or joints exhibiting any form of leakage (efflorescence, dampness, weeping, or flowing) shall be sealed to eliminate liquid infiltration through the cracks or joints. This includes leaks that develop after completion of a portion or all of the grouting. B. Injection Equipment 1. The pumps used for pressure water and grout injection shall be capable of providing pressures at the injection gun or nozzle of up to 1000 psig, and the gun shall be fitted with a gauge for measuring the injection pressure. Check valves shall be placed in the hoses at the proper locations to prevent backflow (a reversal in the direction of flow) and unintentional formations of foam or gel. Follow manufacturer’s current printed recommendation for equipment utilized for addition of accelerator. C. Surface Preparation 1. Use suitable tools and equipment to remove any and all deleterious materials from within cracks and joints to be treated including, but not limited to, coatings/resurfacers, mold, mildew, dirt, grease and efflorescence in order to expose the full length of the crack or joint. D. Injection Grout Procedures 211 DIVISION 3 – CONCRETE Section 030130 CONCRETE REHABILITATION AND CRACK SEALING Page 5 of 5 1. Drill 5/8-in diameter holes around the leak’s exit path starting at the bottom of the leak, crack or joint and continuing upward. Placement of holes will require the experience and discretion of the grouters and shall be subject to the approval of the Engineer. 2. Holes shall be drilled directly into leak path or at a 45 degree angle to intersect cracks or joints in the concrete by starting drill holes 2 – 6 – in away from leaking cracks or joints and drilling sufficiently deep to intersect the leak path. 3. Set and tighten mechanical packers in the holes. 4. Pump water only through the packers to determine if communication has been achieved between packers and crack or joint. 5. Pump the grout at approximately 50 to 100 psig using a staged or stepped grouting procedure by pumping grout into a packer and closely watching the response signs at the leak area. Higher pressures shall only be used when cracks are very tight or when injecting deep (10-in to 12-in) into the holes in the concrete. Continue to pump from packer to packer allowing approximately 2 to 5 minutes for gel time for the grout until gas bubbles are pushed out the leak’s exit path followed by the flow of liquid grout and then foam. When foaming occurs, pump more grout through each packer around the leak and wait until the leak is fully sealed (5 to 30 minutes depending on temperature). If liquid grout flow continues out a leak’s exit for more than approximately 30 seconds, oakum shall be chinked or compressed into the leak to aid the grout’s gel time as a dam. 6. If grout does not exude from the full length of the crack or joint, drill additional 5/8-in diameter holes, install packers and inject water and grout until complete sealing of the crack or joint has been achieved. 7. Once water cut-off has been achieved, the packers shall be completely removed. Holes shall be cleaned of residual polyurethane grout to a minimum depth of ¾”, as measured from the face of the concrete surface, and filled with concrete repair material per Section 2.01. ** END OF SECTION 030130** 212 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 1 of 9 SECTION 099700 TANK COATING SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Sections Includes: a. Application coating to tank concrete interior including removal of existing coating, surface preparation, and coating. b. Application coating to tank steal mechanical unit including removal of existing coating, surface preparation, priming and coating. B. Related Specifications Sections include but are not limited to: a. Division 00 – Procurement and Contracting Requirements b. Division 01 – General Requirements c. Division 03 - Concrete 1.02 QUALITY ASSURANCE A. Reference Standards: All Codes shall be considered the most current version of that code unless noted otherwise are made part of this specification to the extent referenced. 1. American Concrete Institute (ACI) i. ACI 305 Hot Weather Concreting ii. ACI 306 Cold Weather Concreting iii. ACI 350 Code Requirements for Environmental Engineering Concrete Structures and Commentary iv. ACI 506R Guide to Shotcrete 2. American Society for Testing and Materials (ASTM) International i. ASTM D4258 – Standard Practice for Surface Cleaning Concrete for Coating. ii. ASTM D4259 - Standard Practice for Abrading Concrete. iii. D4262, Standard Test Method for pH of Chemically Cleaned or Etched Concrete Surfaces. iv. D4263, Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method. v. D4414, Standard Practice for Measurement of Wet Film Thickness by Notch Gages. vi. D4541, Standard Test Method for Pull-Off Strength of Coatings Using Portable Adhesion Testers. vii. D6677, Standard Test Method for Evaluating Adhesion by Knife. viii. D7091, Standard Practice for Nondestructive Measurement of Dry Film Thickness of Nonmagnetic Coatings Applied to Ferrous Metals and 213 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 2 of 9 Nonmagnetic, Nonconductive Coatings Applied to Non-Ferrous Metals. 3. International Concrete Repair Institute (ICRI). i. 310.1R, Guide for Surface Preparation. ii. 310.1R, Guide for Surface Preparation for the Repair of Deteriorated Concrete Resulting from Steel Corrosion iii. 310.2 R, Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymers Overlays. 4. The Society for Protective Coating (SSPC)/National Association of Corrosion Engineers (NACE) i. PA 2, Measurement of Dry Coating Thickness with Magnetic Gages. ii. SSPC SP-13/NACE No.6 – Surface Preparation for Concrete B. Qualifications: a. Coating manufacturer's authorized representative shall provide written statement attesting that contractor’s applicator has been instructed on proper preparation, mixing and application procedures for the coatings specified. b. Applicators shall have a minimum of 3 years experience in application of similar products on similar projects. i. The applicators are maintain throughout the duration of the application portion of the project c. Provide references for a minimum of three (3) different projects completed in the last three (3) years with similar scope of work. i. Include the name and address of project, size of project in value (painting) and contact person. d. The contractor shall have a NACE inspector shall be NACE Certified Coatings Inspector Level III minimum and shall have minimum of five (5) years of experience conducting inspections and tests. OR a Professional Engineer licensed in the State of Montana with five (5) years of experience in concrete and steel coating application, who will conduct inspections, tests and certify that the work complies with the Specifications Section. i. Provide references for minimum of three (3) different projects completed in last three (3) years with similar scope of work. ii. Include name and address of project, size of project in value (painting) and contact person. C. Miscellaneous a. Furnish coating through one (1) manufacturer unless noted otherwise. b. Deviation from specified mil thickness or product type is not allowed without written authorization of Engineer. c. Material shall not be thinned unless approved, in writing, by coating manufacturer's authorized representative d. Provide certification for all secondary materials which are produced or are specifically recommended by coating system manufacturer to ensure compatibility of the system. 1.03 DEFINITIONS 214 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 3 of 9 A. Installer or Applicator: Installer or applicator is the person actually installing or applying the product in the field at the Project site. B. Holiday: a. A void, crack, thin spot, foreign inclusion, or contamination in the coating film that significantly lowers the dielectric strength of the coating. b. May also be identified as a discontinuity or pinhole. 1.04 SUBMITTALS A. Submit product data under provisions of Section 01300 – Submittals. B. Removal of the existing coatings may not begin until all product submittals have been approved. C. The following product information shall be submitted for approval prior to use: a. Name of the manufacturer b. Type of coating, include product name and product line number c. Number of coats to be applied d. Dry film thickness to be achieved e. Manufacturer’s certification that products to be used comply with specified requirements and are suitable for the intended application f. Technical data sheets for coating, including but not limited to giving descriptive data, curing times, mixing, thinning, and application requirements g. Manufacturer’s installation instructions and specifications including application, surface preparations, finishing, and curing. h. Manufacturer’s storage and handling instructions. i. Manufacturer’s product warranty if provided. D. Information Submittals: a. NACE inspector certification or Professional Engineer’s license. b. Surface preparations approval by NACE inspector or Professional Engineer. c. Coating application certification and final inspection report by NACE inspector or Professional Engineer. d. Manufacture’s approval of application equipment. 1.05 DELIVERY AND STORAGE A. Packing and Shipping: 1. Deliver products in manufacturer’s original unopened containers. Each container shall have manufacturer’s label, intact and legible. 2. Include on label for each container: a. Manufacturer’s name b. Type of Coating c. Manufacturer’s stock or patch number d. Warning labels 215 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 4 of 9 B. Storage and Protection: Store materials in a designated protected area per the manufacturer’s printed data sheet instructions. 1.06 PROJECT CONDITIONS A. Environmental Requirements: apply coating materials per manufacturer’s printed data sheet instructions. B. Do not apply coatings in snow, rain, fog, or mist. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURES A. Subject to the Contract Documents, the following manufacturers are acceptable.: a. Euclid b. Tnemec c. Sherwin Williams B. Submit requests for substitution in accordance with Specifications Sections. . 2.01.1 MATERIAL A. Concrete Coating a. The epoxy lining system shall be a 100% solids epoxy specifically manufactured and used as a protective system for submerged concrete in the wastewater industry. b. A minimum dry coating thickness of 40 mils. c. Where manufacturer’s product data sheet indicates a minimum mil thickness per coat that is greater than specified herein, mil thickness for entire coating system shall be increased proportionately. B. Mechanical Unit Coating a. High Build Coating: Flexible two component polyurethane coating suitable for application to metals submerged in wastewater in the wastewater industry. b. Minimum dry thickness shall be 30 mils. c. Where manufacturer’s product data sheet indicates a minimum mil thickness per coat that is greater than specified herein, mil thickness for entire coating system shall be increased proportionately. PART 3 EXECUTION 3.01 IEMS TO BE COATED A. Concrete a. Tank Interior b. Launder channel 216 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 5 of 9 B. Mechanical Unit a. All of the unit at and below the waterline set by the top of the weirs. 3.02 IEMS NOT BE COATED A. General: Do not coat items unless otherwise specified or as directed by the Engineer or Owner. B. Moving parts of mechanical unit and electrical units where coating would interfere with the operations of the unit. C. Roof system, including supports, catwalk. D. Mechanical unit support system E. Electrical Equipment F. Weirs G. Piping. 3.03 SAFETY A. The Contractor shall carry out all work in strict accordance with all OHA and manufacturer’s safety requirements. B. Appropriate action shall be taken by the Contractor to comply with local, state, and federal regulations with regard to environment, health, and safety during work. 3.04 EXAMINATION A. Site Verification of Conditions a. Examine areas and conditions under which application of coating systems shall be performed for conditions that will adversely affect execution, permanence, or quality of coating system application per the manufactures specifications including but not limited to: i. Test pH of surface to be painted in accordance. ii. Test surface to be coated in accordance to determine the presence of moisture. b. Correct conditions detrimental to timely and proper execution of Work. c. Do not proceed until unsatisfactory conditions have been corrected. d. Commencement of installation constitutes acceptance of conditions and responsibility for satisfactory performance. 3.05 PREPARATION A. Protection a. Protect surrounding surfaces not to be coated. b. Take precautionary measures to prevent fire hazards and spontaneous combustion. Remove empty containers from site at completion of each days work. c. Provide drop cloths, shields, and other protective equipment. 217 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 6 of 9 d. Protect elements surrounding work from damage or disfiguration. e. As work proceeds, promptly remove spilled, splashed, or splattered materials from surfaces. Leave storage and staging areas neat and cleaned at all times. 3.06 PREPARATION OF SURFACES A. Concrete Surface Preparation a. Blast the interior surfaces of the concrete to remove unsound material and existing epoxy coating. All material shall meet the minimum roughness coefficient per manufacturer's recommendation. Surface blasting shall be completed with equipment, pressure, and abrasive blast media of the type and size to obtain the specified surface profile and degree of cleanliness as recommended by coating product manufacturer for each type of coating. Select type and size of abrasive to produce a surface profile that meets coating manufacturer’s recommendations for particular primer to be used. b. Examine the existing concrete conditions, make repairs and restore surfaces and cracks per section 030130, following manufacturer installation recommendations. c. Prepare all surfaces where epoxy coating system is be applied by high pressure blasting or abrasive blasting as recommended by manufacturer to obtain the surface profile required by the manufacturer. d. Have the NACE inspector or Professional Engineer inspect the surface preparation. Surface preparation shall be approved in writing by NACE inspector or Professional Engineer. e. Meet applicable federal, state, and local air pollution and environmental control regulations for blast cleaning and disposition of spent media and debris and worker exposure. B. Mechanical Surface Preparation a. Blast the interior surfaces of the mechanical unit to remove unsound material and existing epoxy coating. All material shall meet the minimum roughness coefficient per manufacturer's recommendation. Surface blasting shall be completed with equipment, pressure, and abrasive blast media of the type and size to obtain the specified surface profile and degree of cleanliness as recommended by coating product manufacturer for each type of coating. Select type and size of abrasive to produce a surface profile that meets coating manufacturer’s recommendations for particular primer to be used. b. Prepare all surfaces where coating system is be applied by high pressure blasting or abrasive blasting as recommended by the manufacturer to obtain the surface profile required by the manufacturer. c. Have the NACE inspector or Professional Engineer inspect the surface preparation. All blasted ferrous metal surfaces shall be inspected immediately prior to the application of coating. Surface preparation shall be approved in writing by NACE inspector or Professional Engineer. C. Post-Blast Cleaning and Other Cleaning Requirements a. Properly dispose of removed coating, concrete debris, rust chips 218 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 7 of 9 b. Properly dispose of blasting material contaminated with debris from blasting operation. 3.07 COATING MIXING A. Mix the coating in strict accordance with the manufacturer’s instructions. 3.08.1 COATING APPLICATION A. General Requirements a. Apply coating systems, including primer, intermediate and finish coats, in compliance with manufacturer’s instructions and using application method best suited for obtaining full, uniform coverage and hide of surfaces to be coated. b. Allow preceding coats to cure completely per manufactures specifications before application of each succeeding coat. c. NACE inspector or Professional Engineer shall inspect and approve the surface of each proceeding coat prior to application of each succeeding coat. d. Allow coating surfaces to cure prior to allowing traffic or other work to proceed. e. Provide complete coverage of mil thickness specified. f. The coating shall be approved in writing by NACE inspector or Professional Engineer. 3.09 REPAIR AND RESTORATION A. Repairs shall be made in accordance with manufacturer recommendations. 3.10 FIELD QUALITY CONTROL A. Contractor is solely responsible for ensuring compliance with surface preparation standards and paint application standards of these Contract Documents and manufacturer’s recommendations. B. The owner may choose to assign a city inspector or employ a 3rd party inspector to supervise and approve the various steps of the project. a. Provide staging, ventilation, safety, confined space, and lighting equipment and any assistance as necessary to the Engineer for inspection. b. Leave staging area and lighting up until Engineer has inspected surface preparation or coating. C. Inspection Details: Field Coating Inspection i. Verify cleaning operations to surfaces are to condition specified. ii. Verify conformance of coating to specification. iii. Verify environmental conditions are satisfactory for application of specified paint in accordance with manufacturer’s recommendations. iv. Check for thickness of each coating, final thickness and holidays. v. Check touch-up for final finish. 219 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 8 of 9 vi. The coating on all interior surfaces subject to immersion service shall be tested for holidays or pinholes using a low voltage holiday detector, such as a Tinker Rasor M-1. Care shall be taken to ensure that the proper voltage is used for the applied thickness of the coating. The voltage used shall be as recommended by the coatings manufacturer. All holidays or pinholes identified shall be repaired by the Contractor. The contractor shall furnish the testing equipment in good working condition. D. Field Testing and Inspection Equipment Product Manufacturer or Contractor shall provide the following equipment as required depending on the coating type, the product manufacturer’s recommended quality control procedures, and/or specific requirements of these specifications. The equipment must remain onsite for the duration of the project a. Provide a minimum of two surface thermometers, magnet mounted dial thermometer to measure surface temperature. PTC Instruments Surface Thermometer Model 315 F, or approved equal. b. Provide ambient max/min thermometer. c. Provide one set of Visual Standards for Abrasive Blast Cleaned Steel, SSPC- VIS 1, Standard Reference Photographs. d. Provide a wet film thickness gauge (1 to 80 mils) e. Provide a magnetic type dry film thickness gauge (0 to 50 mil). f. Provide NIST (National Bureau of Standards) Certified Coating Thickness Calibration Standards, Model PF (0 to 38 mils). g. Low voltage holiday detector, such as a Tinker Rasor M-1. h. Coating and environmental test equipment shall be stored and maintained at the project site in calibrated, working condition. All equipment shall have appropriate manufacturers’ data sheets. Test equipment shall be available to Engineer and Owner for testing purposes. E. Condition and Test Inspection Logs a. The Contractor shall keep and maintain a daily condition log recording the environmental conditions present during each day of coating system application. b. Contractor shall apply coatings only when environmental conditions satisfy manufacturer’s recommendations. c. Contractor shall measure dry film thicknesses and provide results to Engineer for concurrence and approval prior to application of subsequent coating layers. d. Contractor shall provide all condition and test inspection records to Owner and Engineer at project completion. 3.11 PRESERVATION, RESTORATION AND CLEANUP A. Confine operations to construction easements, work areas described, or as approved by the Engineer. Protect existing structures, equipment, vehicles and 220 DIVISION 9 – FINISHES Section 099700 TANK COATING SYSTEMS Page 9 of 9 utilities and keep work area neat and orderly at all times. Keep the work site free from accumulation of waste materials and rubbish. B. Prevent contamination of the project area. Do not dump coating materials, spent abrasive, paint debris, waste oil, rubbish or other similar materials on the ground or sanitary sewer or in any waterway. Use caution to prevent soil, stream or groundwater contamination. Contractor shall be liable for containment and cleanup or any contamination of aquifer, stream, and/or soil at his sole expense. C. Cleanup work site of all excess equipment, materials, and debris and place in designated areas at the end of each day. D. Upon completion of the work, remove all materials, scraps, and debris from the project area and from the interior of all devices and equipment. Remove staging, scaffolding and containers from the site or dispose in a legal manner. Leave worksite free of rubbish or excess materials of any kind. E. Completely remove paint spots, oil, or stains upon adjacent surfaces and floors and leave the entire job clean. Touch up coating scratches, scrapes, or chips in interior and exterior surfaces. F. Any damage to structures, equipment, utilities, nearby facilities, or to the project site resulting from Contractor related work activities shall be promptly corrected in an Engineer-approved method by the Contractor. The Contractor, at his sole expense, shall complete repair in a timely manner to restore item to preconstruction condition to the Engineer’s satisfaction. 3.12 WARRANTY A. The Contractor shall provide a 2-year labor and material warranty to protect Owner against defects in workmanship and product performance including, but not limited to, peeling, blistering and cracking. B. Owner shall set a date for a 1-year inspection. Inspection will be attended by Owner’s representative, Engineer, and Contractor. C. Any deficiencies in the coating system noted during or prior to the 1-year inspection and/or 2-year warranty term will be repaired at the Contractor’s expense. ** END OF SECTION 099700** 221 PROJECT SITESOUTHWESTACCESS GATEPOTABLE WATER HYDRANTSTAGING AREA A222 APPENDIX A GRAVITY THICKENER AS-BUILTS - 2008 IMPROVEMENTS 223 224 225 226 227 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 1 of 10 APPENDIX B GRAVITY THICKENER PICTURES AND VIDEOS 228 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 2 of 10 Gravity Thickener Exterior: Looking East 229 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 3 of 10 Gravity Thickener Exterior: Roof System Truss 230 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 4 of 10 Gravity Thickener Exterior: Looking West 231 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 5 of 10 Gravity Thickener Interior 232 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 6 of 10 Gravity Thickener Interior: Launder Channel 233 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 7 of 10 234 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 8 of 10 Gravity Thickener Interior: Mechanical Unit Gravity Thickener Interior: Mechanical Unit 235 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 9 of 10 Gravity Thickener Interior: Mechanical Unit 236 City of Bozeman WRF 2024 Gravity Thickener Rehabilita�on Project APPENDIX B Page 10 of 10 Gravity Thickener Interior COB WRF Gravity Thickener Interior - Video 1.MP4 COB WRF Gravity Thickener Interior - Video 2.MP4 237 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition for the Purpose of Removing Additional Services From Contract MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition for the Purpose of Removing Additional Services From Contract STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman regularly uses aerial photography and planimetric information to support regulatory, land management, planning, and engineering projects. This project will update all aerial imagery and LiDAR information for the entire 78.7 square mile planning boundary. The desired flight dates are between April 1st and April 30th, 2024. The desired project completion date is 90 days from data acquisition. Ayres Associates, Inc. was selected through a competitive RFP process for professional services. This Amendment removes optional services listed in the original proposal that will not be pursued under the approved scope of work. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total project cost to the City will be $130,000. Adequate funding exists for this project with $130,000 currently allocated within the FY24 Strategic Services CIP budget (CIP Items GIS04 and GIS09). Attachments: Digital Orthoimagery and Lidar Acquistion_First PSA Amendment.docx Ayres_Bozeman Ortho and Lidar 2024_updated_021924.pdf 238 Report compiled on: February 22, 2024 239 First Amendment to Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition FY 2024 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR _DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION_ dated _January 23, 2024_ (the “Agreement”) is made and entered into this _____ day of ____________, 202__, 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 _AYRES ASSOCIATES INC_, 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.Remove additional services that could be provided by Ayres Associates Inc but the City of Bozeman declined, update the company name by removing all punctuation and add Exhibit A to the Digital Orthoimagery and Lidar Acquisition proposal submitted by Ayres Associates Inc. 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 240 First Amendment to Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition 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 AYRES ASSOCIATES INC By________________________________By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 241 www.AyresAssociates.com Ingenuity, Integrity, and Intelligence. City of Bozeman, MT November 30, 2023 Digital Orthoimagery and Lidar Acquisition Exhibit A 242 608.443.1200 | 5201 E. Terrace Drive, Suite 200 | Madison, WI 53718 www.AyresAssociates.com November 30, 2023 Mike Maas, City Clerk Gail Jorgenson, GIS Progam Manager City of Bozeman 121 N. Rouse Ave., Suite 202 Bozeman, MT 59715 Re: Digital Orthoimagery and Lidar Acquisition Dear Mr. Maas, Ms. Jorgenson, and Selection Committee members: Ayres is pleased to provide this proposal for aerial digital orthoimagery and lidar services. Ayres has a long history of services to counties and municipalities throughout the country and looks forward to bringing our expertise and experience to the City of Bozeman on this project. Ayres has a proven track record of providing high-quality aerial imagery and mapping in the Western U.S., and we hope this proposal exemplifies our unrivaled approach to your important project. We bring an experienced team of professional land surveyors, geographers, remote sensing experts, project managers, and engineers who are accustomed to completing complex, large-scale aerial mapping projects around the country. Our proven track record of successful aerial mapping projects, completed on time and on budget, has been a platform for our success in this industry over the past 45 years. Our approach to developing high-accuracy lidar, imagery, and mapping products is cost-effective and supports expedited production schedules. Ayres is very familiar with the area; we have offices in Wyoming and Colorado and recently completed a similar project for the City of Loveland, Colorado, and are currently performing land use and land cover mapping for the City of Bozeman. For your project we plan to have 95West as our flight partner and KLJ Engineering and Planning as our survey partner. We understand that the City of Bozeman is interested in acquiring updated aerial imagery and lidar, along with enhanced lidar derivatives for the 78.7 square mile City planning boundary, and sidewalk centerlines within the City limits of 21 square miles. We understand the importance of meeting the needs of multiple departments when designing cost-effective solutions, and we’ll certainly do the same for the City. It’s important to note that all the work we do for this project will occur within the United States. Our team of talented survey staff, orthoimagery and lidar technicians, remote sensing specialists, mapping and GIS specialists have completed thousands of square miles of orthoimagery and lidar processing and planimetric mapping in the past couple of years. We believe our dynamic, client-focused approach will result in a successful orthoimagery and lidar project for the City of Bozeman. 243 www.AyresAssociates.com 608.443.1200 | 5201 E. Terrace Drive, Suite 200 | Madison, WI 53718 City of Bozeman November 30, 2023 Page 2 of 2 We are dedicated to providing the City of Bozeman with high-quality service and custom solutions in imagery, classification and mapping. Our team can provide the full complement of expertise needed for your project and will take the time to consult with you to ensure the best approach is taken, not only for this project but with your overall goals in mind. When we are done, we will meet with your staff to walk through the data to answer your questions and ensure you hit the ground running. Completing projects means more than just delivering final products. We are committed to understanding your spatial data needs and hope to further discuss how we can meet your goals. In the meantime, please contact me if you have questions or would like additional information. Sincerely, Ayres Associates Inc Tyler Kaebisch Project Manager – Geospatial Services 414.467.8891 I KaebischT@AyresAssociates.com “Services from Ayres have been excellent. Every time I’ve had a problem, they’ve offered solutions for us to look at. A lot of the issues have been more with our own software, but they’ve given us ideas to look at and avenues to go down.” Scott Hand Supervisor of GIS Services, Wisconsin Public Service 244 4AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Since beginning to provide aerial imagery services in 1978, Ayres’ Geospatial Division has completed thousands of projects, from film-based imagery to rectification of historical imagery to today’s digital imagery (including data outside the visible spectrum) with advanced sensors and processing techniques. Lidar has also long been an area of Ayres’ expertise – in 2024, Ayres will have been offering airborne lidar services for 20 years. Regardless of the medium or content, Ayres’ project planning and performance are built on two elements: selecting the best approach for the client’s needs and problems, and expert understanding and application of the principles of orthophotography and photogrammetry. Ayres’ proposed approach relies on both. For example, meeting your needs includes working within the City’s budget and schedule requirements; Ayres is comfortable that we will be able to perform the necessary work for the budgeted amount and within the City’s time frame. Furthermore, Ayres will provide effective communication throughout the life- cycle of the project and will be available to answer any questions or concerns along the way. Project Team and Key Personnel The Ayres team is led by Ayres Associates Inc, a national engineering and geospatial firm with a large presence in the Rocky Mountain region. Ayres will serve as the prime consultant, responsible for project management; direct communication with City personnel; quality process definition, tracking, and enforcement; project planning and scheduling; all imagery, lidar, planimetric and hydrographic processing; and delivery of all products. Ayres’ project manager will be Tyler Kaebisch, a geospatial data expert with deep experience in the western U.S. in both private and public sector work and a reputation for innovative approaches to aerial mapping projects. Tyler also has extensive previous experience as a remote sensing specialist for the USDA Forest Service, the US Bureau of Reclamation, and Minnesota DNR. Ayres has over 60 people in its Geospatial Division. Approximately half of these are in the Aerial Mapping group, and include GISPs, certified photogrammetrists, and certified mapping scientists. Many of them have worked on the Bozeman Land Use/Land Cover project. This means Ayres has the knowledge, capacity and broad expertise to complete the project on-time and with excellent quality. Most of the remaining personnel within Ayres’ Geospatial Division are land surveyors. Ayres holds Montana land survey licensure at the individual and firm levels. This means that we are qualified to provide expert project management for the survey portion of this project. KLJ, a national engineering firm with four locations in Montana, including Bozeman, will serve as our subconsultant responsible for survey control and aerial control targeting. They have provided similar services on other Ayres projects in the past, including the City of Bozeman’s Land Use/Land Cover project and the Montana DOT’s Bridge Scour Study. Justin Stefanik, the survey lead for KLJ, has spent his entire career in Montana and has worked in Bozeman. 95West of Grand Forks, North Dakota, will perform aerial lidar and imagery data acquisition. Through its predecessor firm, KBM Geospatial, 95West has been offering aerial data acquisition for nearly 60 years. They specialize in simultaneous acquisition of lidar and imagery and performed precisely that service as a subconsultant to Ayres for the Rapid City (South Dakota) MPO project performed in 2023. Their experience and familiarity with working in the western U.S. makes them an ideal partner for the Bozeman project. Miles Strain, the project lead for 95West, is well known in the aerial mapping industry and has led projects for municipalities throughout the Upper Midwest and West Project Understanding and Overview The City requires updated aerial imagery and lidar along with planimetric and hydrographic data to support the operation of various City departments as well as making available a common, accurate set of geospatial data to businesses and members of the public. As a fast-growing community in the Rocky Mountain region, Bozeman is subject to continuous change created by human and natural forces. For example, in the past 12 months, Ayres has identified 14 new subdivision plats recorded with Gallatin County. Developed areas, drainage, the street network, and land cover are all changing, and the City government and the community require current, accurate data to inform plans and budgeting, to assess and manage growth, and to best display the attractions of Bozeman to businesses, travelers, and prospective residents. A) EXECUTIVE SUMMARY 245 5AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. In the Request for Proposal, the City has listed several government functions that the data created under this contract will support. Ayres understands the benefits that will be gained by these groups, including: • Regulatory: confirm and quantify compliance or non-compliance with regulations and permits such as building height, vegetation or other encroachments, impervious surfaces, setbacks from water or roadways, and zoning.• Land Management: identify conflicting uses; use landform and hydrography data to predict fire and flood risk and behavior; assess appropriateness of land for use restrictions, reservation, or withdrawal; and support acquisition and sale of properties.• Planning: assess transportation system and service changes needed due to planned development, imagery and data for grant application support, multimodal transportation planning, parking analysis, update land use plan, route and time analyses, determine viewsheds and the impact of new construction.• Engineering: high-level design, maintenance planning and estimating, supporting data for proposers and bidders, drainage around and within projects. Ayres proposes to provide 3-inch pixel resolution, 4-band digital orthoimagery collected simultaneously with QL1 lidar for the 78.7 square mile project area defined by the City. 3D building footprints, 2D sidewalk centerlines, 1-foot contours and hydrographic data will be produced from the newly acquired lidar and imagery. The lidar-derived DEM, Hydro-enforced DEM, DTM, and Hillshade layers will be produced at a 1-foot pixel resolution. Double lined hydro-breaklines will be created for streams greater than 2 meters wide and ponded water greater than ¼ acre in size. A culvert and bridge breakline dataset will be created as part of the hydro-breaklines process, which will allow for a streamlined Elevation Derived Hydrography (EDH) stream centerline network to be created for the project area. The imagery and lidar will be collected under leaf-off, snow- free conditions when the sun angle is at least 45 degrees above the horizon. Using a minimum sun angle of 45 degrees rather than the RFP’s requirement of 40 degrees will both improve image quality by reducing shadows and will save time and money by eliminating the need to organize flights to have a larger minimum sun angle in those areas of the city where tall trees, buildings, or steeper terrain occur. The imagery will meet National Map Accuracy standards for 1” = 50’ mapping throughout the project. The QL1 lidar will meet a vertical accuracy of 10cm RMSEz on hard surfaces. To meet these accuracy standards, all survey control will be established by KLJ, using existing control locations to the maximum extent possible. KLJ will confirm that all existing control is still acceptable for use, and will create new control points if it is not. KLJ will also establish additional control points as directed by Ayres to meet the promised accuracy across the entire project area. In addition, KLJ will establish quality check points to be used to verify the accuracy of the imagery and lidar. To comply with the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners vertical accuracy assessment procedures, KLJ will collect 30 NVA/VVA check shots to assess the lidar vertical accuracy across terrain types. These check points will be independent and will not be used to perform aerotriangulation (AT) or calibration computations. The raw lidar data with be calibrated to the control points, and the imagery will be orthorectified based on the control points and a lidar derived DEM surface. Lidar will be classified to the standard USGS base specification. After the compliance of the AT solution has been verified, Ayres’ imagery analysts will review, and correct as needed, each image for tone balance between adjacent images and across the project. They will also perform manual correction of radial displacement of bridges and overpasses. Data will be tiled using the City’s tiling scheme and will be created from the completed images and fully classified lidar point cloud. As extra enhancement, Ayres will prepare three orthomosaic files for the City: the original source 3-inch pixel resolution for maximum quality and accuracy, and both 6-inch and 12-inch resolutions for ease of use for City staff and community members. Providing mosaics at the various resolutions will maximize the accessibility of the mosaic to the City’s user base, allowing selection of the most appropriate resolution based on user requirements and their available processing and rendering capabilities. The full list of proposed deliverables is shown in section D of this proposal, “Scope of Project.” 246 6AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Ayres is a nationwide professional consulting firm providing services in photogrammetry, orthoimagery, lidar, and digital mapping; GIS; survey; civil, structural, transportation, river, levee, and water resources engineering; environmental science; planning; mechanical/electrical/plumbing engineering; and architecture. Incorporated in Eau Claire, Wisconsin, Ayres now employs over 375 people who provide services from a network of offices around the country. Geospatial Services Ayres’ geospatial services division is based in Madison, Wisconsin. The geospatial division originated as Alster & Associates Photogrammetric Engineering (founded in 1951) and merged with Ayres in 1978. The geospatial division consists of certified photogrammetrists, highly trained technicians, and project managers, all of whom have formal education in the discipline of geography. Nationally recognized for our skill and experience in aerial mapping, land surveying, and GIS, we deliver efficient and intelligent solutions. Our geospatial division provides a diverse range of mapping services to clients around the country: Aerial lidar (fixed wing, UAS, and helicopter) Ground-based lidar (Mobile and HD Scanning) Aerial imagery acquisition Digital orthoimagery Planimetric and topographic mapping GIS consulting, training, and development GPS and conventional survey Remote sensing Oblique aerial imagery Digital terrain modeling (DTM) Vendor Contact Information Company’s Full Legal Name Ayres Associates Inc Location of Principal Office Responsible for Contract Implementation 5201 E. Terrace Drive, Suite 200 Madison, WI 53718 Website AyresAssociates.com Contact Person’s Information Tyler Kaebisch, GISP T: 414.467.8891 KaebischT@AyresAssociates.com Year Established 1959 Type of Ownership Employee-owned corporation B) FIRM PROFILE AYRES OFFICE LOCATIONS 247 7AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. “All staff that GMRC had contact with were most accommodating. Anything we needed or asked for were supplied without question.” Faith Jones Director of Information Services, Georgia Mountains Regional Commission Production Based in the United States All of your work will be performed in the United States. Ayres possesses more than enough resources to accomplish this project with skilled professionals based in the United States. For reasons of efficient production, quality control, and security of data about critical infrastructure, it is important that the production is directly under the control of Ayres personnel at all times. There remain only a few geospatial firms that have their entire production staff within the country; Ayres is proud to be among them. Each member of our team is dedicated to quality products and services and has a personal stake in the satisfaction of our clients. Experienced Staff Ayres’ geospatial division includes certified photogrammetrists (CP) and certified mapping specialists (CMS). In addition, all of our mapping technicians have bachelor’s degrees in the discipline of geography and also have training in the latest photogrammetric equipment and software. Qualifications like these result in accurate, quality mapping products that follow project specifications closely. Commitment to Quality We respect our clients and understand that success is earned through cooperation and understanding the needs of our valued clients. Our technical and management staff make every effort to listen to clients and prepare mapping that meets client expectations. These efforts start at the receipt of the RFP and continue on to final delivery – and beyond. Project Manager Our approach to managing your project begins with a dedication to understanding your needs and designing solutions that address them. Too often firms propose technical approaches that fit the contractor better than they fit the client. We will commit ample management resources to the project, led by Project Manager Tyler Kaebisch. Tyler is experienced in project management and has a strong history of involvement in the West with over 14 years of experience in GIS, remote sensing, and other geospatial disciplines. As project manager, Tyler will update City of Bozeman personnel during the course of the project to discuss pertinent project issues as needed. Additionally, he will participate in weekly internal meetings with supervisors to assess the status of the project and address key technical issues, thereby maintaining high standards for product specifications and keeping the project on track to meet the timeframe agreed upon. 248 8AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. The City of Bozeman, Montana, requires the development of new lidar, orthoimagery, planimetric, and hydrographic mapping. These critical datasets will be used for land management, planning, zoning, and engineering. The aerial imagery will meet 3-inch resolution, and will support the development of updated planimetric mapping of sidewalk centerlines. The lidar data will be collected to USGS QL1 specifications, collected at a minimum of 8 pulses per square meter (ppsm). Lidar data will be processed to derive 1-foot contours, building footprints, hydro and culvert breaklines, DEM, hydro-enforced DEM, DTM and hillshade models. Along with lidar and orthimagery products, updated ground control survey, reports and metadata will also be provided. Our unique approach uses simultaneous lidar and imagery data acquisition, which will allow for consistency throughout all deliverables produced for this project. Our approach will also focus the collection efforts when the sun angle is not less than 45 degrees, throughout the project area, which will ensure minimal shadows in areas with tall trees or buildings greater than three stories tall. We are confident we have a dynamic, well-planned approach to work with the City to complete your project successfully. We have carefully estimated the capacity and resources needed – with a focus on maintaining the necessary resources to complete the project on schedule. Please note that all work for the City will be performed within the United States by the Ayres Associates team. Project Management Our approach to managing the project begins with a dedication to understanding your needs and designing solutions that address them. Too often, firms propose technical approaches that fit the contractor better than they fit the client. We will commit ample management resources to the project, led by our project manager, Tyler Kaebisch, who brings proven experience in managing projects involving aerial mapping, GIS, survey, and other geospatial disciplines. Tyler will update the City’s personnel during the project to discuss pertinent project issues as needed. Additionally, he will participate in weekly internal meetings with team supervisors to assess the status of the project and address key technical issues, thereby maintaining high standards for product specifications and keeping the project on track to meet the timeframe agreed upon. Initial Coordination Meeting. Before project initiation, we propose that Tyler and key staff from the City participate in a coordination meeting. During this meeting, we will review and refine the project schedule and scope, discuss the acquisition conditions and schedule, and establish a pilot project area. Quality Assurance and Quality Control Procedures. Ayres’ quality program defines quality as meeting client expectations. Therefore, quality performance requires consensus between the City and project team members regarding the requirements of the project and design of project strategies based on those requirements. Ayres’ quality program is dynamic and promotes continual improvement based on feedback from our clients, from our own project operations, and from opportunities created by changing technologies. Ayres and Tyler Kaebisch are ultimately responsible for the successful completion of quality products and services for each project. Tyler establishes the philosophy, organization, and policy that set Ayres’ quality assurance/quality control (QA/QC) program in place. Project managers or their designated project QA officers implement the QA/QC program on individual projects. We understand that only through consistent implementation of quality procedures can we complete projects to our clients’ satisfaction. Ayres and our partner 95West have formal, co-developed QA/QC checks in place and standard operating procedures designed so that all required information is collected accurately and that products meet or exceed project standards and specifications. Task-Specific QA/QC Procedures. QA/QC procedures and the supervisors responsible for their implementation C) PROPOSED SOLUTION 249 9AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. are included in the production phases outlined in this technical approach. Ayres will work with the City to develop additional QA/QC procedures tailored to the participants’ needs during this phase. Quality Monitoring. A QA/QC team will be assigned for each aspect of the project and will consist of photogrammetric, mapping, survey, and GIS specialists. The QA/QC reviews will include reviews of results and weekly progress meetings with each project group. Issues brought to the attention of the project manager will be addressed immediately. The project manager will coordinate the subcontractor’s efforts to ensure consistent results and ensure that all procedures implemented will be incorporated into QA/QC documentation. Ground Control Survey ABGPS. Our primary method of control for the project will be by Airborne GPS (ABGPS). All airborne cameras and sensors used for this project will use highly accurate geodetic-grade ABGPS systems. Location accuracy of the ABGPS capture points will range between .02 and .05 meter. To reduce control costs for the project, Ayres will use a combination of ground control points and ABGPS control. Ayres understands that we’ll be responsible for establishing ground control points for this project. Our survey partner, KLJ, is well known in the Montana survey community and has extensive experience with control networks and specifically around Bozeman. With its professional land surveyor crew based in Bozeman, the firm has local knowledge to give the ground survey the attention it deserves. Upon receiving the previously established control, KLJ will locate and determine if they are acceptable for use in the aerial flights. If KLJ determines any of the previously established points are compromised it will be reset or moved to a more ideal location. New control points will be monumented in locations determined by Ayres as optimal for the flight. The material used by the newly established control will be a 2-inch aluminum cap on a 5/8”x24” rebar, stamped with corresponding point naming convention. Sketches, ties, and photos of the new points will be documented for use in future flights. Each of the previously and newly established control points will be observed using static baselines from high accuracy reference networks (HARN). Each mark will be observed a minimum of two times, adjusting the height of the instrument to eliminate errors in measurements to the GPS unit. The static baselines will be imported in Trimble Business Center for a least square adjustment constrained to the HARN point coordinates. The coordinate values of the control will be in UTM Zone 12 and Montana State Plane Coordinates, both in meters. The resultant vectors establish the final coordinates of the ground control points. Targets will be placed at the center of the control point for identification during the flight. Photo-identifiable Targets. In addition to any established control points, Ayres will use photo- identifiable ground control targets; this does not require establishing and removing panels. Photo-identifiable targets will consist of easily distinguished ground features such as ends of paint lines, sidewalk corners, and corners where driveways meet road edge. Independent Vertical Accuracy Check Shots. KLJ will also establish additional control points as directed by Ayres to meet the promised accuracy across the entire project area. In addition, KLJ will establish quality check points to be used to verify the accuracy of the imagery and lidar. In order to comply with the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners vertical accuracy assessment procedures, KLJ will collect 30 NVA/VVA check shots to assess the lidar vertical accuracy across terrain types. These check points will be independent and will not be used to perform aerotriangulation (AT) or calibration computations. 250 10AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Aerial Imagery and Lidar Acquisition Ayres and our flight partner in this project, 95West, propose a simultaneous collection of lidar and imagery using the 1560ii-s lidar sensor and the UltraCam Eagle digital mapping camera. This system is versatile in its design, allowing for maximum efficiency for medium- and small- scale mapping projects. We have worked extensively with the staff at 95West over the years on projects both large and small, which will provide a seamless workflow for the City of Bozeman’s project. Details concerning the imagery and lidar acquisition technology are provided below. Digital Aerial Imagery. The UltraCam sensor supports aerial photogrammetric missions for the broadest range of GIS and remote sensing applications. The complete data acquisition system delivers small scale or large- scale images with high-quality resolution at engineering- scale accuracy, capable of supplying images with ground resolutions of less than 2.5cm. Designed with break- through technologies, the modular system consists of state-of-the-art components, centered on frame sensor technology, to advance all aspects of the digital workflow. The following are features and benefits associated with 95West’s UltraCam Eagle and peripheral equipment:• Simultaneous collection of panchromatic, true color (RGB), and near infrared bands (RGBIR).• Ground resolution of 13,080 pixels along track and 20,010 pixels across track• 12-bit radiometric resolution• FMC forward motion compensation • Gyro-stabilized mount• Applanix 510 POS/AV system with Litton 200 Inertial Measurement Unit (IMU)• Computer controlled navigation system Lidar Specifications We understand that the City’s current objective is to acquire updated lidar data for this project. Ayres has worked with tribes, municipalities, counties, utilities, and state and federal agencies on their lidar and topographic needs for years. Ayres’ work with the USGS 3-DEP program includes grant writing, federal data acceptance, and production of additional derivative products, such as culverts and feature extraction. Aerial lidar will be acquired simultaneously with the orthoimagery in the Spring of 2024. Aggregate nominal pulse density (ANPD) for the QL1 lidar acquisition will be ≥ 8 pulses per square meter (ppsm). Lidar acquisition will be conducted by 95West when the ground is free of snow and ice, and when the atmospheric conditions between the aircraft and the ground are free of clouds and fog. The calibrated lidar point cloud will support the development of a bare earth surface model (DEM) to meet the following vertical accuracy requirements: • RMSEz (non-vegetated) ≤ 10 cm (point cloud and DEM). • NVA ≤ 19.6 cm at 95% confidence level (point cloud and DEM). • VVA ≤ 30 cm at 95th percentile level (DEM only). Lidar Sensors. Not all lidar sensors are the same. Even when using current technology, different sensors may provide different results. Some sensors can be flown higher and faster, some can provide a higher pulse rate, some can provide more returns, and some can provide less noise. Ayres has been producing lidar data since the early 2000s, and we dedicate significant time to understand the benefits of each new generation of sensor on the market and modify our project planning and production workflow to adopt the benefits of new technologies to the appropriate projects. Given the large size and high-density requirement for the City of Bozeman’s project, Ayres recommends using Riegl’s 1560II. Among other benefits this system offers: • High laser pulse repetition rate up to 800 kHz. • Unrivaled scan pattern for best point spacing on the ground. • Innovative forward/backward looking capability for collecting data of vertical structures. 251 11AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. • Offers highly efficient data acquisition at a wide range of point densities. • Digitization electronics for full waveform data. • Enables Multiple-Time-Around (MTA) processing for resolving range ambiguities automatically. • Excellent suppression of atmospheric clutter. • Integrated inertial measurement unit and GNSS receiver. Additionally, this sensor is capable of collecting seven or more returns from each lidar pulse, allowing for better penetration of vegetation, less data voids, and better data for feature extraction. It is known to produce very little noise in the data. Flight Planning Quality Assurance. Ayres will take special care in designing an optimal flight plan that will achieve maximum coverage and efficiency for the QL1 lidar and the 3-inch orthoimagery. Upon notice to proceed, Ayres will present the flight plan to the City of Bozeman prior to any flights. For the imagery acquisition, there will be a total of 648 images over the 18 flight lines. For reference, the proposed simultaneous QL1 lidar and the 3-inch imagery flight plan is shown below. Data for the geographic extents of the project will be acquired using the correct mission profiles for the desired final products. Proper planning of flight lines promotes the success of this project (with minimal rework) – and proper planning optimizes lidar performance versus cost. Mission planning consists of several steps for proper flight preparation. First and foremost, the project boundaries are imported into the flight planning software. Following this, we review available information, such as elevation data, vegetation coverage data, and cultural feature extents of the area. General assessments are made by certified photogrammetrists to determine the proper lidar system settings, such as FOV (field of view) and GSD (ground sample distance). All lidar flight lines will be flown to ensure no data void exists between lines. Conditions During Acquisition. Imagery and lidar will be collected in stable weather conditions, e.i., cloud-free, low- moisture, leaf-off, snow-and-ice-free. Photography and lidar will not be captured when the ground is obscured by snow, haze, fog, dust, or cloud shadows in any one photo. Data will not be collected until all bodies of water in the project area are free of ice. Flight Management System. The aircraft is guided by a GPS-controlled flight management system. During the mission, the crew will monitor all functions involving the operations and guidance systems, allowing for continuous onboard QA. Freshwater Surface Hydrography Conditions. The lidar collection will target low-flow discharge conditions throughout the project area. No unusual flooding or water inundation will be present during the acquisition. Ayres will work closely with the City and local experts to determine the most suitable ground conditions for the flight mission. FAA Certification. All aircraft used in the performance of this contract will be maintained and operated in accordance with all regulations required by the U.S. Department of Transportation, Federal Aviation Administration (FAA). Positive Control Airspace. It will be Ayres’ responsibility to obtain all approvals necessary to ensure that required clearances are achieved for the flight missions. When the flight plan and location of any project area coverage fall within positive-control airspace, the aircraft must BOZEMAN FLIGHT PLAN 252 12AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. contain the appropriate equipment to operate in such positive-control areas within the purview of the federal aviation regulations. In addition to all FAA requirements, all flights requesting clearance in the vicinity of “VIP” type airspace with temporary flight restrictions (TFR) will notify the contracting officer before receiving FAA clearance for instructions. Acquisition Date. Imagery will be flown when deciduous foliage is under leaf-off conditions. The target flight window will be between April 1 and April 30, 2024, or as weather permits. Sun Angle. The sun angle for all flights will be at least 45 degrees above horizon. Stereoscopic Coverage. The entire area of the project will be stereoscopically covered by successive and adjacent overlaps of photographs within the usable portion of the field of the lens. Four Band Imagery. The UltraCam Eagle collects imagery in the standard three RGB color bands, as well as a fourth band for near infrared. Ayres will provide the City with all four-color bands at no additional cost to the City. Crab. Average crab for any flight line will not exceed 3 degrees. Crab will not exceed 3 degrees between any two consecutive flights. Tilt. Imagery collected with the optical axis of the aerial sensor in a vertical position is desired. Tilt is angular departure of the aerial sensor axis from a vertical line at the instant of exposure. Tilt will not average more than 1 degree for the entire project. End Lap/Side Lap. The end lap will average not less than 55% or more than 65%. End lap of less than 55% or more than 65% in one or more images will be cause for rejection. The side lap will average 30%. Any image having side lap less than 25% or more than 35% will be rejected. Reflights. Lack of acceptable imagery or gaps in swaths will be corrected by reflights, with no additional cost to the City. All reflights will be centered on the plotted flight lines and will be taken with the same camera system. Image Review. Immediately upon completion of the acquisition, the imagery will be forwarded for inspection to our digital orthoimagery supervisor, Aaron Sale. Once we confirm successful acquisition and image quality, the City will be notified. If any imagery does not meet the acceptance criteria, a reflight will be scheduled and the City notified. Digital Orthophotography Production As aerial data collection missions are completed, orthoimagery production will begin. Ayres has significant digital orthoimagery production capability and capacity. We invest heavily in our staff and hardware. Our production methodology is specifically designed to consistently produce high-quality products. Specialists at Ayres will be responsible for all orthoimagery production components of the project. Advancements in production software and our investments in infrastructure favor an increasingly aggressive schedule for the upcoming project; we are committed to meeting the City’s schedule expectations for this project. Ayres has trained and experienced staff running fully equipped Z/I Imaging digital workstations, NT orthoimagery workstations, and dedicated image editing stations. We’ve designed our complementary production methodologies to facilitate a completely digital workflow using all Z/I hardware and software environments, resulting in a consistent approach to orthoimagery production and a high-quality product. 253 13AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Analytical Aerotriangulation (AT). To maintain an aggressive schedule, it will be critical to prepare for AT immediately upon the successful completion of each imagery mission. This is the first step in the orthoimagery production process and must be completed in efficiently for the rest of the ortho process to proceed on schedule. Planning for sufficient capacity in this area is critical to the project. Several important factors will contribute to the efficient AT processing under our approach. The first is the use of ABGPS and IMU data, which provide image orientation information to streamline AT production. The orientation data significantly reduces processing time and allows us to process large blocks of image data at a rapid rate. AT Solution. Although orientation data will be supplied from the IMU, we will still complete an AT solution to verify the ABGPS and IMU data. We will prepare the AT solution on a Z/I Imaging digital photogrammetric workstation using Z/I Imaging ISAT software. ISAT offers a complete softcopy aerotriangulation software suite that includes interior orientation, point mensuration, relative orientation, and a fully analytical simultaneous least squares adjustment with robust error detection. ISAT incorporates the capability to weigh control points on an individual basis and to correct for image deformation, atmospheric refraction, earth curvature, and lens distortion. Aerotriangulation QA/QC. When a block of aerotriangulation has been completed, all reports and supporting documentation will be examined for compliance with project specifications. This testing will include, at a minimum, the following: ‹Inspect ABGPS positions against AT-derived exposure coordinates ‹Compare AT-derived coordinates of independent QA points against ground survey ‹Inspect measurements, residuals, weights, RMSE in AT listings ‹Verify all AT support and measurement files are in archive ‹Verify metadata is complete and in proper format Rectification Type. We will use a cubic convolution resampling method for all orthoimagery rectification. This method preserves fine detail better than the common bilinear algorithm. Our imagery specialist will take extra caution around overpasses and bridges to ensure the correct horizontal location of these features holds true. Tone Balancing. Digital orthoimagery is subject to tonal imbalances due to several factors, including source photography (sun angle, illumination, atmospheric conditions, and date and time of exposure), image characteristics, and image processing. Our ortho specialists will not only tonal balance the individual images, but also will use tonal balancing techniques to the project. This process will eliminate the flight line effect and individual photo effect. Digital Terrain Model (DTM) A newly acquired lidar digital terrain model (DTM) will be employed to orthorectify the imagery. The data will be thoroughly reviewed by Aaron Sale, our orthoimagery supervisor, and he will report any inconsistencies to the lead lidar specialist, Adam Campbell. Radial Displacement. Our ortho production staff will also manually correct radial displacement and distortion of bridges and overpasses through a series of pre-rectification measures and post-processing edits. A thorough examination of these features will be conducted during the interim and final QA/QC checks. Mosaicking. To achieve consistent tone across the project area and to address the overlap between tiles, we will seamlessly mosaic the images. We will select imagery 254 14AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. in a way to use the most advantageous area of each photo to maximize color, tone, and contrast, and at the same time reduce building lean and “ghosting,” as well as glare in water bodies. Image mosaicking will be accomplished by a combination of automated tools and manual methods. All seam lines will be placed manually to eliminate the issues of noticeable seam lines through buildings, bridges, and other features. Following the completion of imagery production, a shapefile of seam line locations will be provided to the City. We will use manual editing procedures to provide QA/QC for every tile for visible seam lines in water bodies, warped bridges, and any anomalies that may affect the accuracy or aesthetics of the imagery. We will use photogrammetric software products such as Z/I Imaging’s Digital Ortho- Production Suite: ImageStation OrthoPro, PixelQue, IRAS/c, and Digital Image Analyst. Orthomosaics. Ayres will prepare the project wide mosaic imagery at the original 3-inch pixel resolution for maximum quality and accuracy. In addition to the 3-inch mosaic, both 6-inch and 12-inch resolution orthomosaics will be provided for ease of use for City staff and community members. Providing mosaics at the various resolutions will maximize the accessibility of the mosaic to the City’s user base, allowing selection of the most appropriate resolution based on user requirements and their available processing and rendering capabilities. The 3-inch and 6-inch resolution mosaics will be provided as additional deliverables at no added cost to the City. Accuracy. Resultant orthoimagery will be 3-inch orthos that will conform to National Map Accuracy Standards (NMAS) for 1”=50’ scale mapping; this translates to a horizontal accuracy of +/- 1.7 feet. Orthoimagery Tiling Scheme. Ayres will use the City- provided tiling scheme to deliver edge-matched, non- overlapping tiles. The same tile scheme will be used for the orthoimagery and the lidar. Should the City want to use a different scheme for their 2023 project, Ayres will work with the City to accommodate that request. Digital Orthoimagery Pilot Projects. Early in the imagery production phase, a pilot area consisting of geo-referenced TIF images can be provided to the City for review and feedback. We propose further discussion concerning the best area for review during the project kick-off meeting. Coordinate System/Datum. All mapping products associated with this project will be prepared and delivered in both Montana State Plane NAD83 (2011) meters, NAVD88 meters and UTM Zone 12 NAD83 (2011) meters, or another agreed upon coordinate system. Orthophotography Quality Control Project manager Tyler Kaebisch will be responsible for coordinating the final QA/QC of the orthoimagery. Our highly trained technicians will visually scour the imagery looking for anomalies or potential errors. If further editing is needed, a detailed edit call report will be returned to Ayres to perform corrections as needed. If the data meets specifications, the orthoimagery will be prepared for the final battery of checks. While overseeing the QA/QC, Tyler will work with the City to develop a check-in process for the imagery and a method by which edit calls can be recorded. If the City determines that the data needs further editing, Tyler will determine what action needs to be taken in the orthoimagery process. The Ayres team will conduct the following QC procedures: 1. Create an overview of each deliverable and combine the overviews to inspect overall radiometry, geographic accuracy, and complete coverage. 2. Orthoimagery QA technicians will perform QC on each image. QC forms will be submitted with the Project Planning Manual. 255 15AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. A thorough inspection of every ortho image tile will be conducted with an evaluation criteria based on: ‹Seamless geometry ‹Seamless radiometry ‹Appropriate dynamic range ‹Appropriate mean intensity ‹Appropriate contrast ‹Detection of data dropouts ‹Complete coverage ‹Appropriate resolution ‹Shadows, clouds, low sun angle ‹Bridge, overpass distortion Lidar Data Processing Ayres has extensive experience processing lidar data to meet strict specifications over large areas. Our technicians will use several software packages specifically designed for lidar processing. These software packages include GeoCue and the TerraSolid suite of processing components. The GeoCue software is a database management system for housing the lidar dataset (usually multiple gigabytes to terabytes in size). Additionally, the GeoCue program incorporates a thorough checklist of processing steps and QA/QC procedures that assist the technicians in the lidar workflow. Hydro-flattening Breaklines. We will collect new breaklines in a 3-D environment to support appropriate modeling and hydro-flattening of contours along water bodies. Whereas some geospatial firms take the approach of using existing hydro vectors or heads-up digitized “breaklines” as a means of cutting processing cost, our team collects new breaklines in a 3-D environment. Our approach will ultimately result in a much truer horizontal and vertical position of hydrographic features and will more accurately reflect conditions at the time of lidar acquisition. The result will be a more accurate surface model and cleaner contour generation across the entire project. Hydro breaklines are collected using lidargrammetry. This process involves manipulating the lidar data’s intensity information to create a metrically sound stereo environment. From this generated “imagery,” dependable breaklines can be photogrammetrically compiled. This capability allows us to offer high-accuracy terrain data from lidar without supplemental aerial imagery. Breakline polygons are formed to represent open water bodies, including lakes, and streams. While the current USGS 3-DEP base project standards call for hydro breaklines to be created for streams wider than 100 feet and ponded water of two (2) acres or greater, it is important to note that for the City of Bozeman project, we will be collecting hydro breaklines according to the following specifications:• Double-lined breaklines for streams and ditches greater than 2 meters wide• Water bodies (ponds, lakes, reservoirs) greater than ¼ acre in size Additional breaklines will be collected for bridges, culverts, and streams and ditches less than 2 meters wide for production of a hydro-enforced DEM and Elevation Derived Hydrography (EDH). Additional details for the below in the Hydrographic Mapping Services sections. Point Cloud Automated Classification. The TerraSolid suite of software is used to automate the initial classification of the lidar point cloud based on a set of predetermined parameters. It is at this point that we will refer to the ground cover research (natural and cultural features) within the project area. This will be very useful in determining the algorithms most appropriate for the initial automated lidar classification. (Some algorithms/filters recognize the ground in forests well, while others have greater capability in urban areas.) During this process each point is given an initial classification based on the point’s coordinates and its relation to its neighbors. The initial values offer a coarse and inexact dataset but are a good starting point. It is during this step that “overlap” points are automatically classified (those originating from neighboring flight lines). 256 16AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. This classification is based on information gathered from the AGPS and IMU data. Point Cloud Manual Classification. TerraSolid is also used for the subsequent manual classification of the lidar points. This software permits technicians to view the point cloud in a number of ways and within a number of contexts provided by other available datasets such as orthos or road centerline files. This combination of automated and manual processes provides a cost-effective approach to the tedious practice of point classification, while still allowing our talented technicians to review and confirm the results of automation. Current USGS base specifications require delivered point cloud in LAS v1.4 format. Classification includes: • Class 1: Processed, but unclassified • Class 2: Bare-earth ground • Class 6: Buildings (automated & manual, if necessary) • Class 7: Low noise • Class 9: Water • Class 17: Bridge decks • Class 18: High noise • Class 20: Ignored ground (breakline proximity) Surface Models. Once the hydro-breakines and point cloud classification are complete, Ayres will derive the following surface models:• 1-foot pixel resolution Digital Terrain Model (DTM): Elevation data points will be delivered as either a regular or irregular DTM in esri geodatabase compatible format• 1-foot pixel resolution Digital Elevation Model (DEM): Gridded raster representation in esri geodatabase compatible format • 1-foot pixel resolution Hillshade: Grayscale 3D representation of the bare-earth surface in esri geodatabase compatible format Contours. Ayres can deliver 1-foot contours processed from the lidar surface. After the DTM processing is complete, our GIS technicians will generate the final contours using Boeing-Autometric KDMS software, a TIN-based system. The index contours, intermediate contours, index depressions, and intermediate depressions will be clipped to the tile boundaries. Each contour line will be attributed with the elevation value. The contours will then be topologically cleaned to ensure a seamless dataset across the project area and translated to an .esri geodatabase. Lidar-Specific QC Quality control of lidar is a system of routine technical activities to measure and control the quality of the mapping deliverables and services as they are being performed. The QC system is designed to: • Provide routine and consistent checks to ensure data integrity, correctness, and completeness • Identify and address errors and omissions • Document and archive inventory material and record all QC activities Ayres’ lidar QA/QC specialist, Adam Campbell, CMS-Lidar, GISP; will lead the lidar QA/QC process. In that capacity, he will work with project manager Tyler Kaebisch, to fulfill our team’s commitment to providing quality products and services. In his supervisory role, Adam has a number of specific technical workflows at his disposal. The following highlights the primary steps in a lidar QC plan: 257 17AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. a. Review mission logs and examine mission parameters b. Vertical accuracy validation c. Automated edit of the raw data d. Visual inspection of data e. QC of lidar classification f. Systematic review of point clouds g. Surface model verification (a) Review Mission Logs and Parameters. The first step in the QC process is to review the mission parameters against the statement of work and the overall project objectives. Once the flight specifications are confirmed, the base station data sheets and AGPS data will be reviewed to determine that they meet required tolerance and minimum requirement for operation. Additionally, the raw data will be reviewed to verify project area coverage, individual swath overlap parameters, and appropriate point density. (b) Vertical Accuracy Validation. Using a “Z-probe” methodology, the lidar supervisor will compare surveyed ground control, independent check points, and published monuments against the lidar bare-earth surface. This statistical test will verify that the lidar acquisition and calibration has been completed to meet the accuracy objective of the project. (c) Automated Edits. This process will ensure the removal of extraneous points and artifacts. Additionally, it will determine that all desired features have been retained within the dataset. Filtered and edited data are subjected to semi-automated algorithms defined within our internal production manuals. (d) Visual Inspection. A series of quantitative and visual procedures is employed to validate the accuracy and consistency of the filtered and edited data. Importantly, human eyes will review every square mile of the project. A rigorous peer-to-peer system, in addition to the overall QA/QC process, results in a substantial focus on quality and precision. (e) QC of Lidar Classification. After querying specific tiles into their workspace, our technicians will begin scanning through the tile, searching for areas where the automated classification routine erred. They will view the datasets from numerous angles, generate triangulated irregular networks (TINs) or contours, and consult shaded relief models to fully understand the data model at each point of their analysis. Using this information and technical experience, our technicians will detect, investigate, and correct any areas that display anomalies – i.e., areas where the automated classifications show weakness. (f) Systematic Review of Point Clouds. The technicians will systematically work their way through anomalous areas – taking narrow swaths of data, viewing the swath from isometric and profile viewpoints, and reclassifying each point in accordance with their expertise. Technicians focus on eligible classifications, which include “unclassified” (buildings, vegetation, and other non-terrain/non-noise features), “ground,” and “noise.” Points falling under the “water” and “overlap” categories are weeded out effectively during automated procedures. (g) Surface Model Verification. After this process is complete for the area, the technician will generate new TINs and contours to determine that the anomaly has been fully addressed. If it has, the technician will continue scanning the tile for other anomalies. This procedure will continue until the tile has been determined to meet or exceed project specifications. At this point, the technician will query the adjacent tile and continue working. Planimetric Mapping Services We understand there is a need for new planimetric mapping features for the project area. New planimetric mapping of Sidewalk Centerlines will be collected for the 21 square mile City Limits project area, while Building Footprints with heights will be collected for the entire 78.7 square miles project area. Our process ensures feature alignment is congruent with coinciding features for provision of a seamless dataset. The final product for all planimetric features will be consistent with National Map Accuracy Standards for 1” = 50’ horizontal map scale. 258 18AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Building Footprints. Ayres will collect 2D building footprints for the entire project area derived from the Lidar buildings classification collected for this project. Building footprints will be digitized at the building roof edge (drip line) for structures with a minimum size of 100’ x 100’. Buildings will be topologically structured and delivered as 2D flattened polygons in ESRI geodatabase format. In areas where buildings meet either pavement edge or impervious surface features, a topology will be run to ensure seamless line work between different feature types. Buildings will have a maximum height above ground as at attribute within the attribute table. Sidewalk Centerlines. Ayres will stereo-graphically compile all sidewalk centerlines within the City limits. All public sidewalk centerlines will be captured. Ayres will review any existing City polygon sidewalk inventories to aid in identifying potential areas of change. Sidewalk centerlines will be captured and prepared as polylines. The mapping will be delivered in ESRI geodatabase format. Hydrographic Mapping Services We understand there is a need for new hydrographic mapping features for the project area. Updating watercourse hydrography for the 78.7 square mile project area will greatly benefit any potential drainage and storm water studies the City intends to perform in the future. In order to correctly capture all drainage and depressions along the landscape, Ayres recommends collecting a culvert inventory dataset from the lidar and imagery to ensure water modeling will replicate the true flow of water within the project area. If the City already possesses a recent culvert inventory database, Ayres will use it to ensure proper representation of water flow. By using the lidar DEM surface and the culvert inventory, a hydro-enforced DEM will be created allowing all water conveyance features across the landscape to be captured. 3D Hydrographic Mapping from lidar. Ayres uses the ArcHydro toolset to derive intermediate lidar raster products and ultimately polylines representative of accumulated flow across the landscape. Using the hydro- modified DEM, an interative process of creating flow directions, contributing areas, and stream raster grids will be generated as part of hydrography processing. Elevation Derived Hydrography will replicate the flow of water at a 1 : 2,400 scale. Ayres will work with the City to determine the level of detail needed to capture the river, streams, drainages, and ditches within the project area. The following hyrdographic features will be captured: Culverts and Bridges• Breaklines will cut through culverts and bridges and will allow water to flow from the tops of hills all the way down through the stream network. A hydro- enforced DEM will be produced with the lidar DEM and culvert and bridge breakline datasets. Ponds and Lakes• Ponded water of 1/4 acre and larger will be captured as part of the hydrobreakline process within the standard lidar processing deliverables. Rivers, Streams, and Ditches• Rivers, streams, and ditches 2 meters and wider will be captured as part of the hydrobreakline process within the standard lidar processing deliverables.• Rivers, streams, and ditches less than 2 meters in width will be captured as polylines with the ArcHydro 3D Hydro mapping tools. 259 19AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Deliverables D) SCOPE OF PROJECT • Project plan• Sample imagery for pilot area review• 4-band orthoimages by tile, GeoTIFF format• 4-band Orthomosaic for entire City provided at 3-inch, 6-inch and 12-inch resolution, MrSID format• Bridge and Overpass Breaklines, esri shapefile format• Raw and Classified Lidar Point Coulds, LAS version 1.4 format• Hydro-Breaklines, esri shapefile format• Culvert and Bridge Breaklines, esri shapefile format• Elevation Derived Hydrography Breaklines, esri shapefile format• Lidar DEM, DTM, Hillshade, Hydro-enforced DEM, 1-foot pixel, geotif or esri geodatabase compatible format • 1-foot Contours, esri shapefile format• Planimetric Mapping Features ‹Sidewalk Centerlines, within City Limits, esri shapefile format ‹ 2D Building footprints with height attributes, esri shapefile format• Reports ‹Flight plan and logs ‹Calibration report ‹Survey control report, with quality check shots ‹Aerial triangulation report ‹FGDC metadata, .xml format ‹Progress reports ‹Final project report Data Delivery An external hard drive will be delivered to the City with all of the deliverables available to upload into the City GIS. Ownership Ayres has always assigned ownership and copyright to our clients at the completion of a project and will do the same with this project. Schedule Ayres proposes the following schedule to complete the City’s project successfully. We are open to adjustments to this schedule based on input from the City of Bozeman, including expedited delivery of pilot areas and final deliverables. MILESTONE DATE Ground control survey April 1 to 30, 2024 Aerial imagery acquisition April 1 to 30, 2024 (as conditions permit) Lidar acquisition April 1 to 30, 2024 (as conditions permit) Delivery of pilot area June 1, 2024 Initial delivery of orthoimagery and lidar July 15, 2024 City review period of lidar and imagery July 15 to July 30, 2024 Final delivery of lidar and imagery products Approximately July 31, 2024 Initial delivery of building footprints, sidewalk centerlines, and hydrography products August 15, 2024 City review period of building footprints, sidewalk centerlines, and hydrography products August 15 to August 30, 2024 Final delivery of all product Approximately August 30, 2024 260 20AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. E) RELATED EXPERIENCE Wisconsin Regional Orthoimagery Consortium – Imagery and Lidar The WROC is a multi-entity group whose goal is to build and sustain a multiparticipant program to acquire elevation data and digital orthoimagery throughout Wisconsin for use in tasks ranging from tax assessment to emergency management. WROC 2020 marked the sixth time since 1995 that a regional consortium in Wisconsin has worked together with this goal. Ayres was selected to manage and facilitate again for the 2025 edition. During the 2020 cycle, 11,000 square miles of aerial lidar and 56,000 square miles of aerial imagery was acquired, with the Ayres team delivering customized datasets to more than 100 separate entities. In 2014 and 2015, this program resulted high-accuracy lidar for topographic mapping in 17 counties. The public has gained access to statewide aerial imagery coverage through this program. Over the years public and private partners have contributed significant funds toward imagery and lidar projects in exchange for access to these high-quality spatial datasets. Partners include utilities, electric cooperatives, tribes, municipalities, private industry, and state and federal agencies. Examples of diverse products within the WROC program include: • Lidar with 1-foot and 2-foot contours for floodplain studies • Detailed planimetric mapping for GIS • Multispectral imagery for environmental analysis and forestry• 6-inch or 12-inch resolution orthoimagery for countywide projects • 3-inch resolution for municipalities • 18-inch resolution derivative regional datasets To facilitate a cooperative approach for orthoimagery data acquisition, WROC and Ayres worked with the Wisconsin land information community to strengthen relationships among local, regional, state, and federal entities, as well as tribes and utilities. The program is designed to allow all participants to receive products and services tailored to their individual geospatial needs. Participants were given a range of orthoimagery options from 3-inch up to 12-inch resolution in addition to specialized formatting and coordinate system outputs. Customized photogrammetric and lidar services also make up a significant part of the WROC program. We collected countywide lidar in conjunction with new aerial imagery. Ayres was able to use the surveyed lidar data to process the orthoimagery to meet and exceed ASPRS Class 2 horizontal accuracy specifications. Lidar data was also collected in conjunction with an NSSDA survey to check its accuracy. Client Information North Central Wisconsin Regional Planning Commission 210 McClellan Street, Suite 210 Wausau, WI 54403 261 21AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Bismark-Mandan MPO Orthoimagery and Lidar, 2020 The Bismarck-Mandan Metropolitan Planning Organization (MPO) kicked off its partnership with Ayres in 2009 to collect aerial imagery and lidar to modernize its base mapping data. The MPO has since acquired 6-inch imagery and 1-foot contours derived from lidar in 2013 and 2016. In 2020, Ayres provided the MPO with higher resolution data products, including 3-inch pixel orthos and lidar to support 1-foot contours and high accuracy surface modeling and change detection. At Ayres we’re big supporters of both formal and informal regional organizations banding together for aerial mapping services. Through programs such as this one, we’re able to facilitate collaboration among organizations in need of similar services, which becomes a mutually beneficial relationship. This approach is not only extremely cost effective but also allows for the growth of standardized, high-quality geospatial datasets across regional borders. Project Details (March to November 2020):• 395 square miles of high-resolution 3” orthoimagery• 395 square miles of lidar to support 1-foot contours Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019 Ayres acquired 20 ppsm aerial lidar and 3-inch imagery and provided a digital elevation model (DEM), InRoads digital terrain model (DTM), and orthoimagery for approximately 1 square mile surrounding the Highway 21 Bridge over the Payette River in Lowman, Idaho. Client Information Bismark-Mandan Metropolitan Planning Organization 221 N. 5th Street Bismark, ND 58506 Client Information Idaho Transportation Department 3311 W. State Street Boise, ID 83707 262 22AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021 Ayres was retained by Schweitzer Mountain Properties and construction management agent OAC services of Seattle to acquire aerial imagery and high density lidar and to provide survey and mapping of the Schweitzer Mountain Resort near Sandpoint, Idaho. The 7,000-acre resort in the rugged Selkirk Mountains of the northern Idaho panhandle is considered to be one of the best family-friendly ski resorts in the Pacific Northwest. This mapping will support the initial planning and design stages of a 10-year expansion effort for the resort. Ayres performed the ground control targeting survey and acquired 3-inch color aerial imagery and high-density 20 ppsm lidar with a simultaneous collection aerial mission and provided our client with digital orthoimagery including large scale laminated color wall maps, colorized lidar point clouds, digital elevation model, contour mapping, and 50 scale planimetric mapping of roads, buildings and other pertinent infrastructure. City of Laramie, Wyoming, Aerial Imagery and Lidar 2017 The City of Laramie selected Ayres to provide aerial imagery, lidar, and planimetric mapping services through a quality-based selection process during spring 2017. The City wanted to collect a total of 97 square miles of data that not only covered the City but also some surrounding rural areas and a ranch property owned by the City. The City planned to update imagery and topographic data collected in 2009, which is widely used by City Engineering, Planning, Streets, Utilities, Parks, and GIS Departments. Included in the 2017 project was a combination of 3-inch and 6-inch imagery for urban and rural areas respectively, as well as the provision of lidar for the generation of 1-foot contours and a new surface model. The City also requested planimetric mapping for all hydrographic features and pavement striping throughout the project area. Client Information OAC 2200 1st Avenue South, Suite 200 Seattle, WA 98134 Client Information City of Laramie 406 Ivinson Street Laramie, WY 82070 263 23AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. City of Loveland Lidar and Orthoimagery In the spring of 2021, Ayres was selected to provide lidar and orthoimagery mapping services for the City of Loveland located in southeastern Larimer County, Colorado. For this project, Ayres used a calibrated lidar sensor and digital photogrammetric camera for a simultaneous collection of high-density aerial lidar and 3-inch photography to derive orthoimagery, 1-foot contours, and a detailed surface model. Lidar and aerial imagery were collected and processed for 70 square miles, which included the City of Loveland Growth Management Area and the Loveland Water Storage Area. Quality Level 1 lidar was collected at 8 pulses per square meter, and the calibrated lidar point cloud supports a bare earth surface model meeting a vertical accuracy of RMSEz of <= 10 cm, and NVA of <= 19.6 cm at the 95% confidence interval for the point cloud and digital elevation model (DEM). The 3-inch digital orthoimagery meets ASPRS Level 2 horizontal accuracy standards of 0.7 feet RMSE, which equates to 1.2 feet at the 95% confidence interval according to NSSDA standards. The calibrated lidar point cloud was classified to the USGS standardized base classification scheme. A DEM consisting of bare-earth ground points was also derived to support the interpolation of 1-foot interval contours to National Map Accuracy Standards. Additionally, Ayres complied hydro-flattened breaklines for ponded water that is two acres or greater and double line streams that are 20-feet in width or greater, which were used in the creation of the bare earth DEM and contours. Ayres collected all ground control survey points required to complete this project. Final deliverables to the City of Loveland included: ‹Raw and classified lidar point clouds in .Las format ‹A DEM surface in GeoTIFF format ‹1-foot contours in Esri file Geodatabase ‹3-inch color orthoimagery tiles in GeoTIFF and MrSID format ‹City-wide orthomosaics in GeoTIFF and MrSID format ‹FGDC-compliant metadata ‹Survey, control, and vertical accuracy reports The City again selected Ayres for work in the fall of 2022 using the stereo pairs from the digital aerial imagery to derive detailed planimetric mapping of the edge of asphalt for all streets within City of Loveland’s growth management area, approximately 66 square miles. The planimetric mapping features identified from the imagery are being mapped to 1” = 50’ scale mapping (1.0 feet RMSE using the National Standard for Spatial Data Accuracy [NSSDA] testing procedures). Client Information City of Loveland 500 E. 3rd Street Loveland, CO 80537 264 24AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Illinois GIS Consortium: Lidar, Aerial Imagery, and Planimetric Mapping The Illinois-based GIS Consortium (GISC) represents one of Ayres’ most complex geospatial programs and exemplifies our background in performing large-scale mapping in urban environments. The GISC is a group of more than 30 communities in the Chicago region that work together to develop GIS solutions to support a wide range of applications, including municipal engineering, planning, forestry, and public safety. Ayres has been providing high-accuracy mapping and surveying services to member communities since the 1990s. The GISC continues to work with Ayres year after year; we are completing the 2023 mapping projects and are currently planning for the 2024 data collections and mapping initiatives.   The mapping performed for the GISC is designed primarily for daily use in municipal engineering. Annual aerial missions maintain up-to-date base mapping data, consisting of 3-inch resolution orthoimagery, 1” = 50’ scale planimetrics, and 1-foot interval contours derived from high-resolution lidar. Ancillary products have included leaf-on aerial imagery for urban forestry applications, 3-D modeling of structures, and tall building-lean mitigation in business districts. Most of the GISC falls within a 10-nautical-mile radius of Chicago’s O’Hare International Airport. This is one of the most difficult airspace environments in the United States and presents unique challenges during each flying season. Ayres has built strong relationships with the Federal Aviation Administration, Terminal Radar Approach Control Facilities, and the O’Hare Air Traffic Control Tower. Recurring temporary flight restrictions add another dimension to security restrictions in the area. Client Information GIS Consortium 188 A Skokie Valley Road Highland Park, IL 60035 265 25AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. MDT Bridge Scour Study, Multiple Locations in Montana This Montana Department of Transportation (MDT) project was a bridge scour study of 13 different bridge sites located throughout the state. KLJ worked with Ayres as a subconsultant providing surveying and hydrologic analysis support. A hydrological study of each site included surveying the bridge structure and river channel both directions for two-thirds of a mile. Two of the sites along the Yellowstone River required aerial lidar surveys for the upland areas. The first site was located in Livingston and the second near Custer. These locations did not have publicly available lidar to analyze the upland areas. KLJ laid ground control points and ground proofing points for each of these locations. For every site KLJ established MDT approved control points using static bases lines and network adjustments. Perma Curves (MT-200) STTP-F 6-1(36)83, Paradise, MT This MDT project is the design of a five-mile stretch of Highway 200 along the Flathead River east of Paradise. The highway traverses a dangerous corridor between rock cliff faces and the Flathead River. A portion of the project lies on the Flathead Indian Reservation and includes culturally sensitive areas to CSKT. The project corridor was flown with a helicopter enabled with a lidar sensor. Ground control panels were placed along the corridor. The crews coordinated access to private land to place that targets and operated GPS base stations during the flight. Cross-sections of the corridor were used to ground truthing the flights. Aeronautical Survey and Airport Airspace Analysis, Laurel, MT This Aeronautical Survey with Vertical Guidance for an Airport Layout Plan developed Instrument Procedure Development for the airport serving Laurel, Montana. Ground survey included establishing control points using GPS baselines, tie in photogrammetry control features, identify/measure vertical obstructions, and topographical survey of the runway and air traffic control apparatus. Using NGS established GPS control points and KLJ established aerial targets, photogrammetry and lidar was used to yield two-foot contour intervals. All the survey data was then transferred to AGIS as part of the final project report. Client Information Montana Department of Transportation 2701 Prospect Avenue Helena, MT 59620 KLJ PROJECT EXPERIENCE 266 26AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. City of Bozeman Experience (KLJ) NEURD Roadway Design and Construction Projects, Bozeman, MT – KLJ provided design and construction of more than 5,000 linear feet of street and utility reconstruction projects through the City of Bozeman’s Northeast Urban Renewal District (NEURD). The projects consist of complete removal and replacement of all public sanitary sewer and storm drain systems within the project corridor, removal and replacement of public water systems, and full-depth reconstruction of new urban street sections. Street reconstruction consisted of dedicated vehicular travel lanes with on-street parking, as well as shared-use travel lanes and dedicated bike lanes, traffic calming elements consisting of intersection bulb-outs, traffic circle, and a section of center-raised median. Construction also consisted of numerous drive approaches and pedestrian and Americans with Disabilities Act (ADA) facility improvements. KLJ led multiple neighborhood meetings to communicate construction requirements and schedules and coordinate resident concerns and business requirements. Permitting acquisition for these projects was required to secure six separate permits from four separate regulatory agencies. We also provided construction administration services and assisted with RPR services. North Wallace Avenue – The North Wallace Avenue project required a significant amount of coordination to minimize impacts to mature street trees and existing utilities. Design included 5,000 linear feet of new roadway pavement; new curbs and gutters; ADA facilities; an upsized 18-, 24-, and 30-inch storm drain trunk main and curb inlets; a storm retention pond; new stormwater pre-treatment structure; replacement of existing water and sanitary sewer systems, including upsizing Front Street interceptor sewer to a 24-inch main with 36-inch jack and bored cased crossing of Bozeman Creek; and a new concrete wingwall for the East Tamarack Street Bridge over Bozeman Creek. Extensive utility relocations were required with many undocumented and abandoned utilities dating back to the turn of the century. East Tamarack Street Reconstruction – KLJ provided roadway and sanitary sewer main improvements for a 0.20- mile urban roadway reconstruction project. KLJ was hired to design the reconstruction of one of the oldest streets in Bozeman. Included in the design are 0.20 miles of roadway reconstruction, upsizing the existing sanitary sewer main to a new 24-inch diameter sanitary sewer, storm drain improvements, new five-foot sidewalk on both sides of the street, numerous ADA facilities, a new dedicated bicycle lane, new roadway signage, new pavement markings, and utility coordination. East Peach Street Reconstruction – The project was a 0.25- mile urban roadway reconstruction project. KLJ designed reconstruction of one of the oldest streets in Bozeman. Included in the design were 0.25 miles of roadway reconstruction, new eight-inch water main, new eight-inch sanitary sewer main, storm drain improvements, new sidewalk, numerous ADA facilities, new roadway signage, new pavement markings, and utility coordination. 267 27AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Ayres is a nationwide professional consulting firm providing services in photogrammetry, lidar, and digital mapping; GIS; survey; civil, structural, transportation, river, and water resources engineering; environmental science; planning; architecture; landscape architecture; and mechanical, electrical, and plumbing engineering. Our employee-owned firm was founded in 1959 by Owen Ayres, an engineer who instituted many of the practices we follow: working with clients as a partner; offering smart, creative solutions; conducting business with the utmost integrity; and providing employees challenges and the opportunity to advance and invest in their company. Incorporated in Eau Claire, Wisconsin, Ayres now employs over 350 people. Ayres has 11 offices in Wisconsin, Colorado, Wyoming, Florida, Minnesota, and California. Ayres’ geospatial division is based in Madison, Wisconsin. The geospatial division originated as Alster & Associates Photogrammetric Engineering (founded in 1951), who merged with Ayres in 1978. The geospatial division has over 60 people. Credentials held by these employees include multiple Certified Photogrammetrists, GISPs, Certified Mapping Scientists in several specialties, and Professional Land Surveyors. There are also many highly trained technicians and project managers, all of whom have formal education in the discipline of geography. As shown in the Related Experience section, Ayres’ staff has brought unparalleled experience providing geospatial and survey to municipalities throughout the nation. This breadth of expertise and deep capacity means that Ayres can simultaneously perform and complete a variety of projects on schedule and meeting or exceeding client needs and expectations. Ayres’ geospatial division provides a diverse range of mapping services to clients in the West and nationally, including: • Digital orthoimagery • Planimetric and topographic mapping • Digital terrain modeling (DTM) • Remote sensing • GIS consulting, training, and development • GPS and conventional survey • Aerial lidar (fixed wing and helicopter) • Oblique aerial imagery • Ground-based lidar (mobile and HD scanning) Ayres has been providing aerial imagery to local governments for over 25 years. Ayres helped launch and develop what is now known as the Wisconsin Regional Orthoimagery Consortium (WROC). Beginning in 1995 with one regional planning organization covering a handful of counties, Ayres helped recruit members and partners, manage funding participation and contracts, and grow the available products and services until WROC is now a statewide program that includes state agencies, county and municipal governments, utilities, and more. Ayres is the only firm that has ever held the contract throughout WROC’s history, delivering imagery, lidar, and related mapping products. In the past five years Ayres has completed nearly 700 aerial mapping projects. These projects took place in 24 states, including Montana and all its surrounding states. Ayres’ approach to managing the City of Bozeman’s project will begin with a dedication to understanding your needs and designing solutions that address them. For example, Bozeman is a very attractive area for relocation, ranking first in the Policom Economic Strength Rankings for Micropolitan Areas in 2023 for the fifth consecutive year. Due to the rapid rate of growth, there will be substantial updates to the building footprints and changes to the imagery. Ayres has designated a project manager who is experienced with municipalities experiencing rapid growth. Ayres’ proposed project manager, Tyler Kaebisch, will coordinate the data collection and processing efforts for the City of Bozeman project. Tyler has experience managing geospatial projects throughout the country, with a focus on the western United States. Tyler is experienced in project management and has a strong history of involvement in geospatial projects, with over 14 years of experience in GIS, remote sensing and project F) STATEMENT OF QUALIFICATIONS 268 28AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. management. Prior to joining Ayres, Tyler servced as a remote sensing specialist and an inventory and monitoring GIS specialist for the U.S. Bureau of Reclamation and the U.S. Forest Service in the Rocky Mountain region. He has also been involved in numerous projects using aerial mapping to support mitigation and recovery after natural disasters. As project manager, Tyler will update City of Bozeman personnel during the project to discuss pertinent project issues as needed. Additionally, he will participate in weekly internal meetings with Ayres supervisors to assess the status of the project and address key technical issues, thereby maintaining high standards for product specifications and keeping the project on track to meet the timeframe agreed upon. One important difference about Ayres compared to some geospatial firms is that all work is performed in the United States. Ayres possesses more than enough resources and uses efficient processes to allow us to accomplish this project with skilled professionals based in the United States. There remain only a few geospatial firms that have their entire production staff within the country; Ayres is proud to be among them. Ayres’ subconsultants are KLJ for control survey and 95West for aerial imagery acquisition. Ayres has a successful history with both firms. KLJ has four offices in Montana, including one in Bozeman, and has five surveyors who hold Professional Land Surveyor licensure with the State of Montana. KLJ’s survey lead, Justin Stefanik, began his surveying career in Bozeman and is familiar with the City’s requirements. KLJ has performed a number of projects for the City and served as a sub to Ayres on a contract with the Montana Department of Transportation to perform scour studies on 13 bridges. Under this project, KLJ provided survey control for aerial lidar data. 95West is a wholly owned subsidiary of Widseth Smith Nolting and Associates, Inc., which is incorporated under the State of Minnesota. For nearly 60 years 95West (formally KBM Geospatial) has been providing professional consulting services in aerial photography, geospatial mapping, civil and electrical engineering, orthophotography, GIS, lidar, and photogrammetric mapping services. 95West’s equipment positions them to provide the best leading-edge technology available in the geospatial industry. With a recent purchase of a Cessna Grand Caravan aircraft equipped with a Vexcel UltraCam Eagle Mark 3 imaging sensor and a Riegl VQ-1560 II-S Lidar scanning system, this allows 95West to offer high- resolution imagery and the highest density lidar data capture on the Riegl fixed-wing market. The UltraCam Eagle is a large format, frame-based imaging sensor capable of collecting four-band imagery. What sets 95West apart from other fixed-wing providers is they are the first company in the United States to offer large-format imagery and high-density lidar solutions to be acquired simultaneously. The plane and equipment are based in a hangar located at the Grand Forks International Airport in Grand Forks, ND. All services performed and products produced for the proposed contract will be performed under the direct supervision of an active ASPRS Certified Photogrammetrist or Certified Mapping Scientist. In addition, 95West acknowledges that all mapping will meet or exceed ASPRS Positional Accuracy Standards for Digital Geospatial Data. 95West provides aerial acquisition and geospatial services throughout North America. They are committed to offering unique solutions using cutting-edge equipment to deliver services that are tailored to the client’s needs. Detailed information on the key members of the Ayres team – and their availability during relevant time periods to the City of Bozeman’s project – can be found in the Key Personnel section of this submittal. 269 29AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Our experience has shown us that close and open communication with our clients is the foundation for a successful working relationship. We place a high priority on understanding our clients’ needs, openly addressing issues, involving clients in decision-making, and resolving project concerns. In every project we undertake, our goal is always client satisfaction. We invite you to contact the references listed below – for whom our firm has provided similar services – for a firsthand account of our work. City of Loveland – Lidar, Aerial Imagery, and Planimetric Mapping Client: City of Loveland Address: 500 E. Third St., Loveland, CO 80537 Contact: Chris Carlson Phone: 970.962.2774 Email: Chris.Carlson@CityofLoveland.org Bismarck-Mandan Metropolitan Planning Organization Client: Bismarck-Mandan Metropolitan Planning Organization Address: 221 N. 5th Street, Bismarck, ND 58501 Contact: Rachel Lukaszewski Phone: 701.355.1852 Email: rlukaszewski@bismarcknd.gov Illinois GIS Consortium – Lidar, Aerial Imagery, and Planimetric Mapping Client: Municipal GIS Partners (MGP) Address: 701 Lee Street #1020, Des Plaines, IL 60016 Contact: Andrew Shuman Phone: 224.369.0635 Email: ashuman@mgpinc.com G) REFERENCES “I had really high expectations from the start because I knew we had an incredible team of professionals working on this project, and yet (Ayres) still exceeded my expectations.” Mark Sears Natural Areas Program Manager City of Fort Collins, CO 270 30AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. H) PRESENT & PROJECTED WORKLOADS The following table and chart represent our current capacity and workload projections to assist the City of Bozeman on its digital orthoimagery and lidar acquisition project. NAME % EST. CAPACITY % TIME TO PROJECT Tyler Kaebisch 80%15% Aaron Sale 40%25% Adam Campbell 40%30% Burt Lindquist 45%30% Amber Tomaras 60%30% Imagery Technicians 70%20% KLJ Survey Staff 40%25% 95West Flight Staff 30%15% “Ayres has consistently produced quality work in a timely manner, and with the highest degree of professionalism. They work closely with me ... to resolve issues and discuss ideas, and are always available when needed.” Jennifer Spinelli Assistant Planner City of Montrose, CO AYRES WORKLOAD PROJECTIONS 2024 March April May June July August September October CDOT Lidar Processing GISC: IL Lidar, Orthoimagery, & Plannimetric Mapping WROC: Wisconsin Lidar and Orthoimagery 271 31AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. “Ayres is a trusted commodity in our community. They’ve been very good to work with; they’ve provided everything they said they would and usually a little bit more.” Steve Tilton Former Assistant Village Manager, Village of Tinley Park, IL We know that every project we complete is really about people. That’s why we have assigned our best people to work with the City of Bozeman staff and project stakeholders to make sure your project meets your needs. Our team will be led by Tyler Kaebisch, a geospatial project manager with extensive experience in digital mapping. Tyler is proactive in identifying and addressing challenges to keep the project on schedule and is committed to keeping major stakeholders informed throughout the course of the project. Ayres’ staff members approach each project knowing the services we provide bring noticeable improvements for the communities for which we work and improve lives in the process. Through years of successful projects, we know that assigning qualified staff to your project and providing good communication are vital for maintaining trust and confidence. Resumes for key members of our team are included on the following pages. I) KEY PERSONNEL 272 32AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Tyler Kaebisch Geospatial Project Manager Tyler joined Ayres in 2019 as a project manager in the aerial mapping group. He has used his communication and organizational skills to manage large-scale statewide projects that apply remote sensing techniques to analyze features across the landscape. Tyler has worked in the federal and state agency sectors, where he has more than 14 years of experience with resource inventory and monitoring programs, working side by side with federal, state, county, and private sector partners. Tyler’s focus as a remote sensing specialist has included object-based image analysis, wetland flora and fauna, hydrography, aerial photography, and lidar (light detection and ranging). Tyler will seek opportunities to solve mapping problems for clients in sectors including local government, utilities, and telecom in the Midwest and West. Select Experience • Land Cover Dataset and Turf Layer, Bozeman, MT• Water Supply and Storage Company Ditch Mapping 2020, CO• Larimer County Fairgrounds Orthoimagery and Topographic/Planimetric Mapping 2020, Larimer County, CO• Greeley-Loveland Irrigation Canal Lake Drive Stabilization/UAS Aerial Orthophotography and Lidar, Loveland, CO• Larimer County Landfill Aerial Mapping 2020, Larimer County, CO• Estes Park Building Mapping 2021, Town of Estes Park, CO • City of Loveland Lidar and Orthoimagery 2021, Loveland, CO• Bismarck-Mandan Metropolitan Planning Organization 2020 Orthoimagery & Topographic Mapping, ND• Goodhue County Orthoimagery 2022, MN• 3-DEP QL0 Lidar 2020, Goodhue County, MN• Grand Forks - East Grand Forks MPO Ortho and Lidar 2021, MN• Grand Forks, ND Building Footprints• Lidar and Orthoimagery 2021, Loveland, CO• Georgia Site Lidar and Orthos 2021, Warrenton, GA• GISC Topo Lidar Mapping 2022, Northfield, IL• LA County UAS Lidar 2021, Los Angeles, CA• Lidar Processing 2021, Madison, WI• Mobile Lidar 2022, Davenport, IA• Washington State King County Lidar Processing, Sheboygan Falls, WI• GISC Lidar 2019, Wilmette, IL• WROC 2020 Waupaca County Lidar, WI• GISC Lidar 2020, Des Plaines, IL Total Experience 14 Years Education MS, Geospatial Information Science, University of Minnesota BS, Fisheries and Water Resources Management, University of Wisconsin - Stevens Point 273 33AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Adam Campbell, CMS-Lidar, GISP Lidar Lead Adam joined the Aerial Mapping Group in 2023, bringing 15 years of professional experience in the private sector geospatial industry. His ease in working with people has tuned him in to the needs of local and state government, utilities, and state departments of transportation. Adam has devoted his career to lidar projects, and he provides leadership in Ayres’ efforts to grow its lidar service offerings nationally. Adam has extensive knowledge of national lidar standards and specifications, along with developing industry trends. His lidar experience includes flight planning and execution, ground control layout, calibration, processing workflows, and quality assurance/ quality control oversight. Adam has experience in large national and statewide lidar programs, multi-county projects, and corridor mapping projects. Adam’s specializations include volumetric mapping, change detection, building footprint generation, utility vectorization and encroachment, hydrographic mapping, and forestry and biomass analysis. Select Experience• Montana State Library Lidar Classification 2023, Helena, MT• Rapid City, SD MPO Lidar & Ortho 2023, Rapid City, SD• GISC Lidar 2023, Oak Brook, IL• MNDOT Waseca Co 2023, Austin, MN Total Experience 15 Years Registrations Certified Mapping Scientist, Lidar, ASPRS, US Certified GIS Professional, US Education BA, Environmental Geography, University of Northern Iowa Aaron Sale Imagery Supervisor Aaron joined Ayres in 1996 as a digital orthophotography technician. His experience with Ayres is in the use and production of digital orthophotography and flight planning for geospatial projects. Aaron has led imagery development for major orthoimagery projects around the nation. His experience includes the award-winning Wisconsin Regional Orthoimagery Consortium project, which was the first statewide, leaf-off orthoimagery project in the state and included the development of 12-inch resolution imagery of the entire state as well as higher resolution imagery for a range of public and private entities. Select Experience • Land Cover Dataset and Turf Layer, Bozeman, MT• Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Northern Colorado Geospatial Consortium Lidar and Orthoimagery, Various Locations, CO• Colorado Department of Transportation US 34 Canyon Mapping Revision Lidar, Larimer County, CO• Bismarck-Mandan MPO Orthos and Topographic Mapping, Bismarck, ND Years of Experience 28 Years Education BS, Geography/Earth Sciences, University of Wisconsin- La Crosse 274 34AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Burton Lindquist Analytical Aerotriangulation Specialist Burton joined Ayres in 1989, bringing three years of experience in stereo plotter operation and analytical aerotriangulation, as well as additional skills in orthophoto production and digital file editing. Since 1998, Burton has been in charge of overseeing all phases of analytical aerotriangulation. He has an extensive background in conventional analytical aerotriangulation (AT) and is trained and experienced in the use of Z/I ISAT softcopy AT software. Select Experience • Land Cover Dataset and Turf Layer, Bozeman, MT• Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021, Sandpoint, ID• Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019, Boise, ID• Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Lidar and Orthoimagery 2021, Loveland, CO • Colorado Department of Transportation US 34 Canyon Mapping Revision Lidar• MnDOT Spring 2019 Imagery, St. Paul, MN• CDOT US 85 & WCR44 Roadway Drainage Lidar & Imagery 2018, Various Locations, CO• Landfill Aerial Mapping 2020, Larimer County, CO• Larimer County Fairgrounds 2020, CO Amber Tomaras Planimetric Mapping Specialist Amber joined Ayres in 2001 as a stereo compilation technician. Her responsibilities include stereo compilation of planimetric and topographic map features on first order analytical and digital photogrammetric stereo compilation systems. Select Experience • Wisconsin Regional Orthoimagery Consortium (WROC), Statewide, WI• Bismarck-Mandan MPO 2020 Orthos and Topo Mapping, Bismarck, ND• GIS Consortium Mapping, Illinois• Texas Lidar Editing QSI 2015, Various Locations, Texas• Schweitzer Mountain Resort Lidar, Orthoimagery, and Planimetric Mapping 2021• Idaho Transportation Department Payette River Highway 21 Bridge Mapping 2019• Landfill Aerial Mapping 2020, Larimer County, CO• Larimer County Fairgrounds 2020, CO• Loveland Plan Mapping 2021, Loveland, CO• Planimetric Mapping 2020, Brookfield, WI• Lidar Enhancements 2020, Goodhue County, MN Total Experience 36 Years Education BS, Cartography/Geography, University of Wisconsin-Eau Claire Total Experience 22 Years Education BS, Geography, University of Wisconsin-Oshkosh 275 35AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Justin Stefanik Professional Land Surveyor, Certified Federal Surveyor, Engineering Intern – Helena, MT Justin is a Professional Land Surveyor (PLS) in Montana, a Certified Federal Surveyor (CFedS), and an Engineering Intern (EI). He has extensive experience providing cadastral, private land retracement, corridor, utility, and control surveys to public and private clients. Justin completes General Land Office (GLO) retracement surveys, section breakdowns, Certificate of Survey, topographical surveys, bathymetric surveys, construction stakeout, drafting, writing legal descriptions, courthouse research, data downloads and manipulations. His supervision of field surveys crews for more than 14 years brings an understanding of the correct procedures to provide an accurate survey and has completed surveys meeting the City of Bozeman protocols. Justin’s role for this project will be the planning and execution ground control and ground truthing surveys. Justin started his career in Bozeman, after finishing his Construction Engineering Technology from Montana State University he worked at a local engineering and surveying crew for two years before moving back to Helena. Justin has completed multiple ground control surveys on manned aerial flights throughout Montana. Chantry Myers Crew Chief, Drone Pilot – Helena, MT Chantry is a crew chief with experience involving GLO retracement surveys, section breakdowns, COS drafting, topographical surveys, construction stakeout, writing legal descriptions, and courthouse research. He has gained experience working on these types of projects for the last 3 years with KLJ and is knowledgeable in both survey field work and AutoCAD Civil 3D. Chanty is also a licensed drone pilot, passing his part 107 certification a year ago. He has operated drones on four different sites in Bozeman in the last 6 months. He planned, laid out the ground control, flew and processed the aerial flights for these four sites and multiple others around Montana. Chantry is Construction Engineering Technology graduate from Montana State University that started his survey career in Bozeman working for a contractor staking grades on heavy civil projects. Robert Hofer Crew Chief, Drone Pilot – Billings, MT Robert is a crew chief with experience involving General Land Office (GLO) retracement surveys, hydrologic surveys, section breakdowns, Certificate of Survey (COS) drafting, topographical surveys, construction stakeout, writing legal descriptions, and courthouse research, Stormwater Pollution Prevention Plans (SWPPP). He has gained experience working on these types of projects for the last four years. Robert is knowledgeable in both survey field work and AutoCAD Civil 3D. Robert is a licensed drone pilot that passed his part 107 certificate 18 months ago. Robert is a Civil Engineering graduate from Montana Tech and has performed ground control surveys on four different projects. He is currently laying ground control for a large power line project from Colstrip to the Montana/North Dakota state line. 276 36AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Miles Strain, CP, RPP, VP Aerial Services Manager / Vice President Miles brings decades of experience in the geospatial industry, working the past 35 years in supervisory and various management levels. Miles has extensive experience working on projects throughout the United States, ranging in size from 10 acres up to statewide programs. Miles’s project experience covers hundreds of corridor projects for transportation departments, various projects for natural resources departments, many large and small scale mining operations, and a wide range of state and local governments such as the cities of Duluth and Fargo, Grand Forks/East Grand Forks MPO, and rural and urban counties. His duties have included project management, account management, production management, estimating, planning, scheduling, QA/QC, personnel supervision, and reporting. Miles has managed numerous projects utilizing various imagery and lidar sensors from platforms such as fixed-wing aircraft, helicopter, mobile mapping units, and UAS. Select Experience • Managed multiple corridors totaling over 70 linear miles in 2020 for MnDOT requiring both Imagery and Lidar fixed-wing acquisition and complete downstream processing. Tasks included project management, estimating, flight planning, coordination, target layout, planimetric compilation, lidar breakline collection and draping, hydro flattening, digital orthos, terrain assembly and finalization, Final Graphics and Standards Review for compliance.• Managed over 30,000 square miles on a single task order for MNGEO requiring 50cm and 30cm imagery acquisition and digital ortho processing. Tasks included overall project management including sub-consultant acquisition management with strategic partners. Independent contracts were also initiated and managed for stakeholders requiring buy-ups to 15cm.• Oversight and management of numerous county-wide digital orthophotography projects throughout the Upper Midwest over the past 20 plus years. Tasks included account and project management, estimating, planning and preparation of work plans, flight layout, scheduling, staff supervision, ortho processing and final QC, and meta data preparation Andrew Werle Chief Pilot / Certified UAS Operator Andrew is a Commercial Pilot and Unmanned Aircraft Systems operator who has worked for 95West since graduating from the University of North Dakota in 2017. He is responsible for planning and executing manned and unmanned flight missions. Andrew manages the aircraft and equipment operated by 95West and assists with stereo compilation of planimetric features. He also specializes in Bentley MicroStation and AutoCAD (Civil 3D) platforms. Select Experience Certifications Certified Photogrammetrist American Society of Photogrammetry and Remote Sensing (ASPRS) Registered Professional Photogrammetrist Education Coursework, Augustana College, Sioux Falls, SD BS, Geography, UW-River Falls Certifications Remote Pilot Certification Commercial Pilot Certification Flight Instructor Certification Education BS, Aeronautics, University of North Dakota • Aerial and Visualization Survey (PCN 21841/21843) — Grand Forks, ND• Ground Survey-Intersections Curb Ramp (PCN 21842) — Grand Forks, ND • Aerial Survey — Mahnomen, MN• Aerial Survey — Providence, RI• Falkirk Mining Company Aerotriangulation — Underwood, ND • 2020 Aerial – lidar NDDOT New England N to 9th St — Dickinson, ND• City Aerial Photography and Lidar Survey — Grand Forks, ND • University of North Dakota Aerial Photography — Grand Forks, ND• City Aerial Photography and Lidar Survey — Fosston, MN Andrew piloted the fixed wing aircraft and also assisted with producing the planimetric features for the projects listed below. Aerial photography and lidar data were acquired simultaneously to later produce planimetric features from the aerial photography along with a lidar-derived surface from the 20 points per square meter lidar data. 277 37AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Casey Olstad Lidar Technician / Sensor Operator As a Lidar Technician/Sensor Operator, Casey’s responsibilities include working on specialized lidar surveys, digital orthophotography, and photogrammetry projects. Other tasks include assisting with data processing such as calibration, cleaning and classification, and producing highly accurate mapping for engineering and transportation design applications. Select Experience • City Aerial Photography and Lidar Survey — Brookings, SD• University of North Dakota Aerial Photography — Grand Forks, ND• Aerial Photography and Lidar Survey — NDDOT ND 14• City Aerial Photography and Lidar Survey — International Falls, MN• Aerial Photography and Lidar Survey, Fargo Landfill — Fargo, ND• Aerial Photography and Lidar Survey — MNDOT TH 38• Aerial Photography and Lidar Survey — NDDOT US 52• City Aerial Photography — Fosston, MN• Coteau Properties — Beulah, ND• Falkirk, Annual Orthophotography — Underwood, ND• Tabor Substation — East Grand Forks, ND• Fargo Landfill — Fargo, ND• Hudson Lidar Site — Hudson, WI Education Associate in Applied Science, Geospatial Intelligence Analysis, Northland Community and Technical College – Thief River Falls, “Ayres exhibits exceptional customer service and responsiveness. During the City’s hour of need, Ayres staff worked nights and weekends to assist in condition assessments, field solutions, and coordination of resources.” Chris Matkins Water Utilities Manager City of Loveland, CO 278 38AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. Ayres Advantages to the City of Bozeman Ayres’ is able to offer the City a unique combination of applicable experience and innovative approaches: 9 Project approach and understanding: Ayres has been providing lidar and imagery together to local governments for nearly 20 years. We have proven ourselves in hundreds of projects, and have brought new approaches and products such as Elevation Derived Hydrography (EDH). EDH makes use of lidar data and asset information, such as culverts and roads, to provide more accurate understanding of the expected behavior of water across the landscape 9 Personnel qualifications: Ayres’ key personnel have been with Ayres for many years – some for decades – and have personal knowledge of how the process of the creation of data products has evolved. They understand the reasons for the data specifications and how the data will be used. Ayres lead project personnel and the subconsultants all have significant Western experience, and the subconsultants have worked with Ayres in the past. 9 Ability to meet timeline and budget: The City’s budget aligns with recent Ayres projects that are comparable in size and complexity, so we are comfortable that we can perform the work within budget. In addition, the majority of aerial mapping is done in the spring every year, so Ayres has over 45 years of experience performing and delivering during periods of high demand. We make use of cross- trained personnel who can work on lidar or imagery as the workflow requires. 9 Location relative to project: Although headquartered in Wisconsin, Ayres is a national company, with approximately 60 employees in the Rocky Mountain region. Ayres is listed as a GIS contractor on the Montana Association of Geographic Information Professionals (MAGIP), and Ayres personnel holds membership in the organization. Ayres has performed aerial mapping work in Montana as well as Idaho, Wyoming, Colorado, North Dakota, and South Dakota. Additionally, KLJ, who is performing the control survey work, has an office in Bozeman, and 95 West, who is performing the aerial data acquisition, will be mobilizing from Grand Forks, ND, and has experience in the Western United States. Ayres is currently providing aerial mapping and processing services for both the City of Bozeman and the Montana State Library, and has completed work for the Montana DOT, so we are able to successfully perform work for Montana clients. 9 Related experience on similar projects: In the past five years, Ayres has performed 39 aerial mapping projects that used both lidar and imagery. During that same period, we have completed 81 aerial mapping projects for municipal governments, or approximately one project for a municipality every three weeks, year-round. We have the capacity and experience to successfully complete the City’s orthoimagery and lidar projects. 9 Recent and current work for the City: Ayres is nearing completion of the City’s Land Use/Land Cover mapping project, which was contracted in July, 2023. Ayres also worked with the City in 2018 to support an EPA brownfield grant application. J)ADDITIONAL INFORMATION 279 39AYRES | DIGITAL ORTHOIMAGERY AND LIDAR ACQUISITION | CITY OF BOZEMAN, MT Ingenuity, Integrity, and Intelligence. K)NONDISCRIMINATION & EQUAL PAY Attachment 1 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Ayres Associates Inc (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, Ayres Associates Inc (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. HR Director Name and title of person authorized to sign on behalf of submitter 280 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement for Materials Testing Term Contract with Morrison- Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2024 Construction Season MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and authorize the City Manager to sign amendment No. 2 to the professional services agreement for the Materials Testing Term Contract with Morrison-Maierle, Inc. for the purpose of obtaining materials testing on various City projects for the 2024 construction season STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: In 2014 the City began retaining a consultant to provide construction materials testing on all our construction projects. We are currently in our 3rd year of a 3-year term Contract with Morrison-Maierle, Inc. to provide materials testing services. The proposed amendment updates Morrison- Maierle’s billing rates for the 2024 calendar year. This amendment will add work to our existing contract. Engineering staff have reviewed the amendment and found it to be commensurate with the work involved. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the commission FISCAL EFFECTS:As described in Attachment 2 to the amendment, materials testing services will be billed by a combination of unit costs and hourly rates depending on the test being performed. The testing will be paid for with approved funding from each associated project which receives materials testing during the 2024 construction season. Attachments: PSA Amendment No 2.pdf 22- Professional Services Agreement - Morrison Maierle - 281 Materials Testing.pdf Report compiled on: February 12, 2024 282 Second Amendment to Professional Services Agreement for 2024 CIPP Projects Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Materials Testing Term Contract dated June 28, 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 Morrison- Maierle, Inc. 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. Addition to Payment. Unit Rate Schedule (Attachment 1-A) has been added to the payment provisions. 2. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 283 Second Amendment to Professional Services Agreement for 2024 CIPP Projects 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 MORRISON-MAIERLE, INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Travis Eickman Title: Bozeman Office Operations Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 284 Standard Billling Rate Schedule Effective Thru June 30, 2024 Standard Rate Overtime Rate Engineer Supervising Engineer V $287.00 $287.00Supervising Engineer IV $280.00 $280.00Supervising Engineer III $257.00 $257.00Supervising Engineer II $246.00 $246.00Supervising Engineer I $233.00 $233.00Senior Engineer II $216.00 $216.00Senior Engineer I $197.00 $197.00Design Engineer II $186.00 $186.00Design Engineer I $172.00 $172.00Engineer Intern II $142.00 $142.00Engineer Intern I $125.00 $125.00 Planner Supervising Senior Planner $225.00 $225.00Senior Planner $195.00 $195.00Planner III $151.00 $151.00Planner II $138.00 $138.00Planner I $121.00 $121.00 Scientist Supervising Environmental Scientist $234.00 $234.00Environmental Scientist III $186.00 $186.00Environmental Scientist II $142.00 $142.00Environmental Scientist I $121.00 $121.00Environmental Technician $106.00 $106.00Supervising Geologist $265.00 $265.00Senior Geologist $222.00 $222.00Geologist III $202.00 $202.00Geologist II $164.00 $164.00Geologist I $140.00 $140.00 Designer and Technician Senior Communications Designer $239.00 $239.00Communications Designer $125.00 $125.00CAD Designer III $164.00 $164.00CAD Designer II $143.00 $143.00CAD Designer I $133.00 $199.50CAD Tech III $130.00 $195.00CAD Tech II $111.00 $166.50CAD Tech I $98.00 $147.00Senior Engineering Designer $183.00 $183.00Engineering Designer $125.00 $125.00 Resident Project Representative Senior Resident Project Representative $185.00 $185.00Resident Project Representative IV $175.00 $175.00Resident Project Representative III $166.00 $166.00Resident Project Representative II $140.00 $210.00Resident Project Representative I $126.00 $189.00 Administrative Administrative Manager $126.00 $126.00Administrative Coordinator III $116.00 $116.00Administrative Coordinator II $110.00 $165.00Administrative Coordinator I $90.00 $135.00Project Coordinator III $113.00 $113.00Project Coordinator II $102.00 $153.00Project Coordinator I $92.00 $138.00Technical Intern $85.00 $127.50Senior Communication Specialist $134.00 $134.00Graphic Designer $106.00 $106.00Health & Safety Administrator $140.00 $140.00 Survey Senior Survey Manager $226.00 $226.00Survey Manager $176.00 $176.00Land Surveyor IV $170.00 $170.00Land Surveyor III $164.00 $164.00Land Surveyor II $148.00 $148.00Land Surveyor I $134.00 $134.00Remote Sensing Specialist II $149.00 $149.00Remote Sensing Specialist I $139.00 $139.00Survey Technician IV $129.00 $129.00Survey Technician III $114.00 $171.00Survey Technician II $98.00 $147.00Survey Technician I $84.00 $126.00 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 12/14/2023 285 Professional Services Agreement for [Material Testing Term Contract] 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, __Morrison-Maierle, Inc., hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _30_ day of ___June___, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 June 228 286 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 287 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 288 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 289 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 290 Professional Services Agreement for [Material Testing Term Contract] 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 __Kellen Gamradt____ 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 291 Professional Services Agreement for [Material Testing Term Contract] Page 7 of 11 purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 292 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 293 Professional Services Agreement for [Material Testing Term Contract] 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. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 294 Professional Services Agreement for [Material Testing Term Contract] 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. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of two years by written agreement of the Parties. In no case, however, may this Agreement run longer than ___June 30, 2027____________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 295 Professional Services Agreement for [Material Testing Term Contract] 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 DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 Morrison-Maierle, Inc. Travis Eickman Bozeman Operations Manager 296 Scope of Services and Fee – 2022 Material Testing Page 1 of 2 EXHIBIT A Material testing is to be performed in compliance with the City of Bozeman’s Design Standards and Specification Policy for soils, aggregates, concrete, and asphalt. Material testing is to be provided based on an on-call basis for the projects listed below and other projects that may be identified over the course of the construction season. Anticipated 2022 Projects  Story Mill and Bridger Drive Intersection  South 6th Ave Street Reconstruction (Babcock to Cleveland)  North 7th Ave Water Main Improvement (Oak to Juniper)  Annual Street Improvements  Annual Curb Improvements  Griffin Drive Street Reconstruction (Maus to Bridger Drive)  Cottonwood (Oak to Baxter)  Downtown Sewer Renovations The City or City’s consultant will be providing a Resident Project Representative (RPR) that will be responsible for contacting Morrison Maierle to schedule testing for the various projects and to outline testing locations and frequencies. Morrison Maierle will provide a contact person and backup contact person for the RPRs to contact. Results of failed tests will be provided to the RPR upon the conclusion of the test. All testing results will be summarized in a weekly report specific to each project and will be provided to the RPR and the City. Testing is to be provided at the rates listed on the Laboratory Rate Schedule, Labor Rate Schedule and Expense Rate Schedule provided below. These schedules are subject to annual adjustments. Laboratory Rate Schedule Test Rate per Test Proctor – AASHTO T180 – Material less than 3” $420 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials less than 3” (less than #4 washed) $185 Sieve Analysis – AASHTO T27 (ASTM C136) – Materials 3” to 4” (less than #4 washed) $450 Atterberg Limits - AASHTO T89, T90 (ASTM D4318) $180 Concrete Cylinders – Strength Test – 4” Cylinders $160 per set of 4 Asphalt Core - Thickness and Density $90 per set of 3 Laboratory rate includes labor and expenses for testing and reporting once the sample is delivered and cataloged into the lab for processing. DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 297 Scope of Services and Fee – 2022 Material Testing Page 2 of 2 Labor Rate Schedule Classification Rate per Hour Technical Intern ** $77 Administrative Coordinator I ** $81 Project Coordinator II ** $102 Engineer Intern I $112 Resident Project Representative I ** $113 Engineer Intern II $128 Resident Project Representative II $132 Senior Engineer I $169 Senior Engineer II $185 Supervising Engineer III $220 ** Rate subject to time and one half for overtime. Expense Rate Schedule Expense Rate Nuclear Density Meter $10/hour or $35/day Vehicle $0.773/mile Asphalt Coring and Generator Equipment $160/day Asphalt Coring (if outside service used) Cost plus 5% Asphalt Lab Testing (outside service) Cost plus 5% Miscellaneous Expenses Cost plus 5% Budget The total budget for testing is $220,000 for the 2022 season. Actual effort will be billed per the rate schedules and will be dependent on the amount of testing requested. END DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02 298 City of Bozeman Material Testing 2021 SeasonProjectEstimated EffortS 6th Avenue Street reconstruction from Babcock to Cleveland (including new water, sewer, and storm) 40,000.00$                                N 7th Avenue Water Main improvements from Oak to Juniper Street15,000.00$                                Street Improvements25,000.00$                                Story/Bridger Intersection30,000.00$                                Griffin Drive20,000.00$                                Curb Improvements5,000.00$                                   Cottonwood (Oak to Baxter)50,000.00$                                Downtown Sewer Renovations20,000.00$                                Unlisted Project15,000.00$                           Total220,000.00$                             DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02299 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Renata Munfrada, Community Housing Program Coordinator David Fine, Community Housing and Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order Eight with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis of the 8 Aspen Tax Increment Financing (TIF) Assistance Request MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the city manager to sign a task order eight with Baker Tilly Municipal Advisors for a financial feasibility and needs analysis of the 8 Aspen tax increment financing assistance request. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:As the City's involvement in community housing development and tax increment financing (TIF) projects grows more financially complex, the City has retained Baker Tilly Municipal Advisors for specialized financial advice. Baker Tilly has deep experience in recommending and right-sizing public development incentives for affordable housing and TIF projects. Baker Tilly was competitively selected for a term contract to provide these services on an ongoing and project by project basis for five years. This agenda item includes approval of a task order eight for the financial feasibility and needs analysis on the 8 Aspen TIF assistance request. The City of Bozeman received a request for TIF assistance from Midwest 8th LLC & Starman Development, LLC for the proposed development of 8 Aspen as a mixed-use project site located west of the North 7th Avenue U-Haul and southwest of Gallatin Valley Furniture that would include one building totaling 232,167 sf and off-street parking. The building is proposed to be located on the north end of the site with 5 floors of residential for-rent units, a second-floor parking garage, and a first floor of commercial, lobby, and parking. The Developer is proposing that 40 percent of the total residential units will be affordable and offered for rent at 60% AMI. The project will also provide open space, tenant amenities and commercial space that will front onto Aspen Street. 300 The Developer has indicated there is a financial gap based on the current project scope including public infrastructure, impact fees, cash-in-lieu of water rights and cash-in lieu of parkland costs associated with the development. The Developer has stated in the application that elements of the workforce housing construction (vertical development) are not requested at this time, but may be incorporated into further discussions. Baker Tilly’s proposed scope of work for the analysis is attached. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The work as described will be completed with an estimated fee in the range of $7,800-$9,620 which is available in the Midtown Urban Renewal District Budget. Attachments: 24- Task Order 8- Baker Tilly - 8 Aspen.pdf Report compiled on: February 22, 2024 301 City of Bozeman Term Contract Housing and Economic Development Project Financial Analysis and Related Services Task Order 8 PROJECT: Housing and Economic Development Project Financial Analysis and Related Services – Financial Feasibility and Needs Analysis for 8 Aspen Project Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Baker Tilly Municipal Advisors, LLC for Housing and Economic Development Project Financial Analysis and Related Services. This Task Order is dated March 5, 2024 between the City of Bozeman and Baker Tilly Municipal Advisors (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC SCOPE OF WORK: The scope for this task order is for work on housing and economic development financial analysis and related services as request by the City as described in the attached scope of work requested. COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on the attached scope of work and rate sheet previously provided. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Baker Tilly Municipal Advisors, LLC Jeff Mihelich, City Manager Mikaela Huot, Director 302 1 Task Order: Scope of Work 8 Aspen TIF Assistance Request City of Bozeman, Montana Financial Feasibility and Needs Analysis February 2024 The City of Bozeman (the “City”) received a request for TIF assistance from Midwest 8th LLC & Starman Development LLC (the “Developer”) for the proposed development of 8 Aspen as a mixed-use project site located west of the North 7th Avenue U-Haul and southwest of Gallatin Valley Furniture (the “Project”) that would include one building totaling 232,167 sf and off-street parking. The building is proposed to be located on the north end of the site with 5 floors of residential for-rent units, a second-floor parking garage, and a first floor of commercial, lobby, and parking. The Developer is proposing that 40 percent of the total residential units will be affordable and offered for rent at 60% AMI. The project will also provide open space and tenant amenities on site, both on ground level, in the building, and on the rooftop. The commercial space will front onto Aspen Street, providing an active and engaging streetscape. The Developer has indicated there is a financial gap based on the current project scope including public infrastructure, impact fees, cash-in-lieu of water rights and cash-in lieu of parkland costs associated with the development. The Developer has stated in the application that elements of the workforce housing construction (vertical development) are not requested at this time, but may be incorporated into further discussions. The purpose of this document is to outline scope of work, estimated fee and time frame for completion. Baker Tilly’s proposed scope of work includes the following activities: Phase 1: Preliminary Revenue Projections and Financial Feasibility Objectives  To prepare preliminary tax increment revenue projections based on developer provided information  To provide initial project financial feasibility Analysis 1) Preparation of tax increment revenues a. Review developer-supplied information for reasonableness b. Forecast the projected tax increment revenues to be generated over the life of the district based on those assumptions i. Developer provided total development costs and project assumptions ii. Tested against available comparable-type developments iii. Estimated range of available revenues based on valuations c. Financial Feasibility Review i. Assess the sufficiency of tax increment revenues to support costs Deliverable  Summary of preliminary revenue projections and initial feasibility  Preliminary financial feasibility analysis 303 2 Phase 2: Financial Review and Needs Analysis and Development Agreement Objectives  To review and analyze the request for assistance as related to the proposed development project to determine necessity and appropriateness  To assist in negotiations of the financing structure and development agreement, as applicable  To provide draft term sheet Analysis 1) Financial Feasibility Review a. Assess the sufficiency of the tax increment revenues to support request for public assistance with considerations for timing of potential bond issuance, as applicable b. Assess total funding sources as available to support workforce and market rate housing units c. Prepare cash flow analysis with projected new and existing tax increment revenues d. Prepare sensitivity analysis assuming range of expected new values to support both public and private project costs 2) Financial Needs (But For) Analysis a. Review developer information and comment on the reasonableness of assumptions including i. market rate/workforce unit rents ii. Operating expenses iii. Private financing terms (construction and permanent financing) 1. interest rates 2. amortization b. Suggest alternative assumptions and provide sensitivity analysis as necessary (timing for development and sales proceeds) i. Estimate of public assistance request as compared to total development costs and identified funding sources c. Complete rate of return calculation (market rate component) i. Cash-on-Cash Return ii. Internal Rate of Return iii. Identify alternative assumptions if appropriate iv. Recalculate the return with alternative assumptions, as necessary v. Define appropriate level of assistance based on developer’s rate of return d. Compare developer rate of return to the “market” return for similar projects, comment on reasonableness of return considering type of project, current market and developer at risk equity e. Complete sensitivity analysis with respect to developer return and need for assistance (as appropriate) and assessment of availability of revenues 3) Review Financing Options for Public Assistance a. Assist City staff with review of developer proposal and request as it relates to feasibility and maintaining City security – including: i. Reasonableness of request and financing of eligible costs 1. Review trigger points for potential City participation 2. Perform sensitivity analysis on potential financial considerations ii. Consider options for mitigating City risk of financing 1. Availability of revenues from Project and District 2. Debt coverage ratios 3. Timing – takeout versus upfront versus paygo 4. Assessment agreement 304 3 5. Availability of revenues iii. Assist with structuring terms of Agreement between Developer and City 4) Debt Capacity Analysis a. The findings of projected financial feasibility will be used to consider: i. Potential debt issuance alternatives ii. Security profile and marketability of alternatives iii. Taxability of bonds b. Provide estimates of potential debt structures and related financial impacts i. Comparison of taxable and tax exempt, as applicable ii. Effect on debt service coverage of any revenue supported debt 1. anticipated new from project and existing revenues c. Consideration of expected trends in net assessed value, if applicable i. Impact on ability to support debt service Deliverable  Financial analysis with determination of need for public assistance  Summary memo of financial analysis  Preliminary terms with recommended public assistance amounts Compensation The work as described will be completed with an estimated fee in the range of $7,800 - $9,620. Excluded from the fee indicated above are any out-of-pocket expenses such as travel, copies, faxes, conference calls, or other expenses necessary to complete the project. Additional work requested and authorized by the City outside the scope of services described in this proposal will be invoiced at our standard hourly rates. Completion Date Upon full receipt of the requested information, Baker Tilly will complete Phase 1 of the above work processes and outcomes within 1-2 weeks, subject to receipt of all information. The remaining phases and steps of analysis will be subject to outcomes of Phase 1 and timing needs of both the City and developer. We will be successful in meeting the requested time frames for completion recognizing it is highly dependent on the timing and completeness of the information received. A delay in receipt of critical material may result in an extension of the completion date. Sincerely, Mikaela Huot Signature Section: The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by: City of Bozeman Name: _____________________________ Title: ______________________________ Date: ______________________________ 305 4 Financial Feasibility Review: Additional Details for Financial Analysis Project Details • To include # of housing units, commercial square footage, etc. • To include cost of construction for each development type • To include information for any commercial, civic, or other uses • To include site improvement and public infrastructure costs • To include detailed breakdown of all costs Project Phasing • To include commencement and completion for each building construction, or each site improvement, or public infrastructure • To include date for sale of unit or lease of unit, occupancy start and full occupancy, etc. Project Financing • To include development of complete sources and uses of funds • To include detail on bank financing, i.e., principal, term, rate • To include equity amount and timing of equity in project • To include take-out source of bank financing for construction period, if applicable • To include letters of commitment or interest from financial institutions • To include amount of public financing request, and form of request, i.e., bonds, pay-go-note, etc. • To include gap amount to match public financing request (all equity and private sources are insufficient to pay all costs) • To include description of and rationale behind proposed governmental financial assistance Public Financing Revenue Assumptions • To include estimated assessed value per type of construction • To include sales per s.f. estimates (if applicable) • To include any growth assumptions Project Operation • To include operating assumptions, etc. • To include revenue and expense assumptions and increases • To include reserve assumptions (capital, operating, etc.) • To include rent and/or sale assumptions • To include lease commission, sales commission assumptions • To include complete operating pro-forma calculating internal rate of return with and without requested financial assistance • To include sale assumptions in appropriate future year (10 or 15), including capitalization rate • To include proposed tenants, job, and wage information General Information/Assumptions • Provide sources of data used in any of the above 306 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Renata Munfrada, Community Housing Program Coordinator David Fine, Community Housing and Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order Nine with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis for a Bozeman Block 104 Tax Increment Financing (TIF) Assistance Request MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order nine with Baker Tilly Municipal Advisors for a financial feasibility and needs analysis for a Bozeman Block 104 tax increment financing (TIF) assistance request. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:As the City's involvement in community housing development and tax increment financing (TIF) projects grows more financially complex, the City has retained Baker Tilly Municipal Advisors for specialized financial advice. Baker Tilly has deep experience in recommending and right-sizing public development incentives for affordable housing and TIF projects. Baker Tilly was competitively selected for a term contract to provide these services on an ongoing and project by project basis for five years. This agenda item includes approval of a task order nine for the financial feasibility and needs analysis on the 8 Aspen TIF assistance request. The City of Bozeman received a request for TIF assistance from Brick Capital for the proposed development of the Block 104 Project that would include a two-phase development with construction of two 5-story mixed-use condominium buildings at 805 North Ida Avenue and 622 East Tamarack Street, replacing older industrial structures. The Project will provide 76 condominiums, with 5-10% set aside as below market rate housing at rates targeting 120% AMI, 94 below grade parking spaces and 2,400 SF of commercial space. The first phase at North Ida Avenue and East Aspen Street would replace a 9,000 SF warehouse with a 100,000 SF mixed use building to include 44 condominium units, commercial space, and an underground parking garage. The second phase located between East Tamarack Street and Front Street/North Ida Avenue will be a 75,000 SF 307 building with 32 condominium units and underground parking garage. Both phases will include various amenities for residents. The Developer has indicated there is a financial gap based on the current project scope in working with the city to address off-site infrastructure needs. Plans include improving road surfaces, sidewalks, curbs, gutters, and stormwater systems, and updating traffic patterns for better flow and safety on three roadways including Front Street, East Aspen Street and North Ida Avenue. Baker Tilly’s proposed scope of work is attached. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The work as described will be completed with an estimated fee in the range of $6,500-$9,100 which is available in the Northeast Urban Renewal budget. Attachments: 24- Task Order 9- Baker Tilly - Block 104.pdf Report compiled on: February 22, 2024 308 City of Bozeman Term Contract Housing and Economic Development Project Financial Analysis and Related Services Task Order 9 PROJECT: Housing and Economic Development Project Financial Analysis and Related Services – Financial Feasibility and Needs Analysis for Block 104 Project Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Baker Tilly Municipal Advisors, LLC for Housing and Economic Development Project Financial Analysis and Related Services. This Task Order is dated March 5, 2024 between the City of Bozeman and Baker Tilly Municipal Advisors (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC SCOPE OF WORK: The scope for this task order is for work on housing and economic development financial analysis and related services as request by the City as described in the attached scope of work requested. COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on the attached scope of work and rate sheet previously provided. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Baker Tilly Municipal Advisors, LLC Jeff Mihelich, City Manager Mikaela Huot, Director 309 1 Task Order: Scope of Work Bozeman Block 104 TIF Assistance Request City of Bozeman, Montana Financial Feasibility and Needs Analysis February 2024 The City of Bozeman (the “City”) received a request for TIF assistance from Brick Capital (the “Developer”) for the proposed development of the Block 104 Project (the “Project”) that would include a two-phase development with construction of two 5-story mixed-use condominium buildings at 805 North Ida Avenue and 622 East Tamarack Street, replacing older industrial structures. The Project will provide 76 condominiums, with 5-10% set aside as below market rate housing at rates targeting 120% AMI, 94 below grade parking spaces and 2,400 SF of commercial space. The first phase at North Ida Avenue and East Aspen Street would replace a 9,000 SF warehouse with a 100,000 SF mixed use building to include 44 condominium units, commercial space, and an underground parking garage. The second phase located between East Tamarack Street and Front Street/North Ida Avenue will be a 75,000 SF building with 32 condominium units and underground parking garage. Both phases will include various amenities for residents. The Developer has indicated there is a financial gap based on the current project scope in working with the city to address off-site infrastructure needs. Plans include improving road surfaces, sidewalks, curbs, gutters, and stormwater systems, and updating traffic patterns for better flow and safety on three roadways including Front Street, East Aspen Street and North Ida Avenue. The purpose of this document is to outline scope of work, estimated fee and time frame for completion. Baker Tilly’s proposed scope of work includes the following activities: Phase 1: Preliminary Revenue Projections and Financial Feasibility Objectives  To prepare preliminary tax increment revenue projections based on developer provided information  To provide initial project financial feasibility Analysis 1) Preparation of tax increment revenues a. Review developer-supplied information for reasonableness b. Forecast the projected tax increment revenues to be generated over the life of the district based on those assumptions i. Developer provided total development costs and project assumptions ii. Tested against available comparable-type developments iii. Estimated range of available revenues based on valuations c. Financial Feasibility Review i. Assess the sufficiency of tax increment revenues to support costs Deliverable  Summary of preliminary revenue projections and initial feasibility 310 2  Preliminary financial feasibility analysis Phase 2: Financial Review and Needs Analysis and Development Agreement Objectives  To review and analyze the request for assistance as related to the proposed development project to determine necessity and appropriateness  To assist in negotiations of the financing structure and development agreement, as applicable  To provide draft terms of public assistance Analysis 1) Financial Feasibility Review a. Assess the sufficiency of the tax increment revenues to support request for public assistance with considerations for timing of potential bond issuance b. Prepare cash flow analysis with projected new and existing tax increment revenues c. Prepare sensitivity analysis assuming range of expected new values to support both public and private project costs 2) Financial Needs (But For) Analysis a. Review developer information and comment on the reasonableness of assumptions (market rate and affordable sales price per square foot) i. Suggest alternative assumptions and provide sensitivity analysis as necessary (timing for development and sales proceeds) ii. Estimate of public assistance request as compared to total development costs within each phase b. Complete estimate rate of return calculations (based on ownership units) i. Cash-on-Cash Return ii. Internal Rate of Return iii. Identify alternative assumptions if appropriate iv. Recalculate the return with alternative assumptions, as necessary v. Define appropriate level of assistance based on developer’s rate of return c. Compare developer rate of return to the “market” return for similar projects, comment on reasonableness of return considering type of project, current market and developer at risk equity d. Complete sensitivity analysis with respect to developer return and need for assistance (as appropriate) and assessment of projected availability of revenues 3) Review Financing Options for Public Assistance a. Provide options for City participation/financing of the public improvements b. Assist City staff with review of developer proposal and request as it relates to feasibility and maintaining City security – including: i. Reasonableness of request and financing of eligible costs 1. Review trigger points for potential City participation 2. Perform sensitivity analysis on potential financial considerations ii. Consider options for mitigating City risk of financing 1. Availability of revenues from Project and District 2. Debt coverage ratios 3. Timing – takeout versus upfront 4. Assessment agreement 5. Availability of revenues iii. Assist with structuring terms of Agreement between Developer and City 4) Debt Capacity Analysis a. The findings of projected financial feasibility will be used to consider: i. Potential debt issuance alternatives 311 3 ii. Security profile and marketability of alternatives iii. Taxability of bonds b. Provide estimates of potential debt structures and related financial impacts i. Comparison of taxable and tax exempt, as applicable ii. Effect on debt service coverage of any revenue supported debt 1. anticipated new from project and existing revenues c. Consideration of expected trends in net assessed value, if applicable i. Impact on ability to support debt service Deliverable  Financial analysis with determination of need for public assistance  Memorandum summarizing results of financial analysis  Preliminary terms with recommended public assistance amounts Compensation The work as described will be completed with an estimated fee in the range of $6,500 - $9,100. Excluded from the fee indicated above are any out-of-pocket expenses such as travel, copies, faxes, conference calls, or other expenses necessary to complete the project. Additional work requested and authorized by the City outside the scope of services described in this proposal will be invoiced at our standard hourly rates. Completion Date Upon full receipt of the requested information, Baker Tilly will complete Phase 1 of the above work processes and outcomes within 2-3 weeks, subject to receipt of all information. The remaining steps of analysis will be subject to outcomes of Phase 1 and timing needs of both the City and developer (within 4-6 weeks). We will be successful in meeting the requested time frames for completion recognizing it is highly dependent on the timing and completeness of the information received. A delay in receipt of critical material may result in an extension of the completion date. Sincerely, Mikaela Huot Signature Section: The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by: City of Bozeman Name: _____________________________ Title: ______________________________ Date: ______________________________ 312 4 Financial Feasibility Review: Additional Details for Financial Analysis Project Details • To include # of housing units, commercial square footage, etc. • To include cost of construction for each development type • To include information for any commercial, civic, or other uses • To include site improvement and public infrastructure costs • To include detailed breakdown of all costs Project Phasing • To include commencement and completion for each building construction, or each site improvement, or public infrastructure • To include date for sale of unit or lease of unit, occupancy start and full occupancy, etc. Project Financing • To include development of complete sources and uses of funds • To include detail on bank financing, i.e., principal, term, rate • To include equity amount and timing of equity in project • To include take-out source of bank financing for construction period, if applicable • To include letters of commitment or interest from financial institutions • To include amount of public financing request, and form of request, i.e., bonds, pay-go-note, etc. • To include gap amount to match public financing request (all equity and private sources are insufficient to pay all costs) • To include description of and rationale behind proposed governmental financial assistance Public Financing Revenue Assumptions • To include estimated assessed value per type of construction • To include sales per s.f. estimates (if applicable) • To include any growth assumptions Project Operation • To include operating assumptions, etc. • To include revenue and expense assumptions and increases • To include reserve assumptions (capital, operating, etc.) • To include rent and/or sale assumptions • To include lease commission, sales commission assumptions • To include complete operating pro-forma calculating internal rate of return with and without requested financial assistance • To include sale assumptions in appropriate future year (10 or 15), including capitalization rate • To include proposed tenants, job, and wage information General Information/Assumptions • Provide sources of data used in any of the above 313 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Bob Murray, Engineer III SUBJECT:Resolution 5562 Authorizing Change Order 1 with Allied Trenchless for the 2023 CIPP Projects MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5562 authorizing Change Order No.1 with Allied Trenchless for the 2023 CIPP Projects STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of resolution 5562 and change order number 1 for the above referenced project. A portion of this project includes lining a section of existing 21-inch trunk sewer main beginning near the northeast corner of Walmart’s Property off North 7th Avenue and ending at a 30-inch trunk sewer main connection in Rouse Avenue near the Lehrkind’s Property. During construction, it was discovered that a short section of the 21-inch sewer main through Lehrkind’s property was partially crushed and unable to be lined. This change order will replace this section of sewer main with new 21-inch PVC pipe through open cut excavation to allow the liner installation from manhole to manhole. The remainder of the change order is a reconciliation of final quantities. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:This change order will decrease the contract amount by $46,725.88 bringing the total construction cost from $611,935.00 to $565,209.12. The cost of this project was paid for by funding from the City’s annual wastewater pipe replacement fund, WW08. Attachments: Resolution 5562.doc 2022_CIPP_Projects_CO1_2-21-24 - Signed.pdf 314 Report compiled on: February 23, 2024 315 1 of 2 COMMISSION RESOLUTION NO. 5562 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH ALLIED TRENSHLESS, CHELAN, WASHINGTON WHEREAS,the City Commission did, on the 8TH day of March 2023, authorize award of the bid for the 2023 CIPP Projects, to Allied Trenchless, Chelan, Washington; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications 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 or 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 alterations to the contract between the City of Bozeman, a municipal corporation, andAllied Trenchless, as contained in Change Order No. 1,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. 316 Resolution No. 5562, Change Order 1 for 2023 CIPP Projects 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of ____________, 2024 __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 317 Page 1 of 2 Change Order #1 – 2023 CIPP Projects CHANGE ORDER No. 01 DATE OF ISSUANCE January 16, 2024 EFFECTIVE DATE January 16, 2024 OWNER City of Bozeman CONTRACTOR Allied Trenchless Contract: 2023 CIPP Projects Project: 2023 CIPP Projects OWNER's Contract No. ENGINEER City of Bozeman ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Item CO1-1: Excavate and replace approximately 50 linear feet of existing 21-inch sewer main through Lehrkind’s property between existing manhole F0206 and F0207 from approximate station 22+10 to 22+60. Backfill and restore disturbed areas to existing conditions. Follow all requirements in the attached work change directive. This section of sewer main is in poor condition and unable to be lined as described in the original contract. Earlier video inspection of the pipe with sewer flows still present did not reveal the key flaws that prevent lining. Item CO1-2: Reconciliation of Final Quantities Item Quantity Unit Unit Cost Total Cost CO1-1 Dig and Replace Section 1 LS 40,509.12$ 40,509.12$ CO1-2 Reconciliation of Quantities 1 LS (87,235.00)$ (87,235.00)$ Total = (46,725.88)$ Attachments: 1. Work Directive #1; Drawing of repair area. 2. Summary of “Cost of Work” cost revisions 3. Reconciliation of quantities and costs table. 318 Page 2 of 2 Change Order #1 – 2023 CIPP Projects CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 611,935.00 Original Contract Times: 77 Calendar Days Substantial Completion: 77 Calendar Days Ready for final payment: 77 Calendar Days (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ 0.00 Net change from previous Change Orders No. to No. : Substantial Completion: 0 Ready for final payment: 0 (days) Contract Price prior to this Change Order: $ 611,935.00 Contract Times prior to this Change Order: Substantial Completion: 77 Ready for final payment: 77 (days or dates) Net (decrease) of this Change Order: $ 46,725.88 Net increase (decrease) this Change Order: Substantial Completion: 0 Ready for final payment: 0 (days) Contract Price with all approved Change Orders: $ 565,209.12 Contract Times with all approved Change Orders: Substantial Completion: 77 Ready for final payment: 77 (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: 1/16/2024 (ENGINEER - Signature) Date OWNER (Authorized Signature) Date 11/30/23 319 320 11/30/23 321 322 323 Item Quantity Unit Unit Cost Total Cost Comments Allied Costs Labor - Bypass Pumping; Travel 40 HR 67.39$ 2,695.70$ 10 hrs each way; 2 men Labor - Bypass Pumping 18 HR 67.39$ 1,213.07$ Fri, 12/1; 6:30 P.M. started bypass pump and Omdahl was done with new pipe by noon. Diesel 1 LS 200.00$ 200.00$ Subtotal = 4,108.77$ Markup 15%% of total 4,108.77$ 616.31$ Per General Conditions Subtotal = 4,725.08$ "Bluebook" Rental Rate Methodology Bypass Rental Equipment (From Page 1) Foreman Truck - Travel 20 Hrs 30.00$ 600.00$ Foreman Truck 10 Hrs 30.00$ 300.00$ Pump/Equip Standby Time 96 Hrs 65.24$ 6,263.45$ See Note 1; 16 days less two weekends x 8- hr days (12 days x 8 hrs = 96 hrs) Pump/Equip Operating Time 18 Hrs 147.21$ 2,649.76$ Friday 6 p.m. to Noon, Saturday, Dec 2 Subtotal - Rental Equipment = 8,913.21$ See Note 2 Subcontracted Costs Omdahl Costs 1 LS 24,467.58$ 24,467.58$ General Markup On Subs 5.0%% of sub 24,467.58$ 1,223.38$ Per General Conditions Subtotal - Subs = 25,690.95$ Subtotal Costs = 39,329.24$ Bonds, Insurnace, GRT (3%) = 1,179.88$ Total = 40,509.12$ Notes: 1. Per G.C.'s Standby time is 50% of Rental Rate and not operating cost added 2. Per G.C.'s, no markup added to BlueBook equipment rental costs Wage Rate Assumptions (contract prevailing rates)Assumed Burden = 1.75 Wage Fringe Total w/ Burden Operator Group 2; excavator; 29.70$ 13.80$ 43.50$ 76.13$ Laborer Grp 3; Pipelayer 26.07$ 12.44$ 38.51$ 67.39$ Truck Driver 31.28$ 11.96$ 43.24$ 75.67$ Lehrkinds 21-inch Sewer Main Repair Bozeman, 2023 CIPP Projects: Change Order 1 - Dig and Replace Costs 324 Item Quantity Unit Unit Cost Total Cost Comments Mob 1 LS 3,000.00$ 3,000.00$ -$ Operator 1 18 HR 76.13$ 1,370.25$ 4 hr Th;8 hrs Fri; 6 hrs Sat Laborer 18 HR 67.39$ 1,213.07$ 4 hr Th;8 hrs Fri; 6 hrs Sat Operator 2 14 HR 76.13$ 1,065.75$ 8 hrs Fri; 6 hrs Sat Truck Driver 14 HR 75.67$ 1,059.38$ 8 hrs Fri; 6 hrs Sat -$ Pipe Material 50 LF 75.00$ 3,750.00$ Bedding/Backfill Material 20 CY 33.50$ 670.00$ Couplings - Reconnect to 21" Main 2 EA 1,500.00$ 3,000.00$ Surface Restoration - Temp 40 SY 10.00$ 400.00$ 60' x 6' Wide Surface Restoration - Asphalt 40 SY 75.00$ 3,000.00$ 60' x 6' Wide Subtotal = 18,528.45$ Markup 15% % of total 18,528.45$ 2,779.27$ Per General Conditions Subtotal = 21,307.71$ "Bluebook" Rental Rate Methodology Excavator 1 (Gehl) - Standby 8 HR 14.75$ 118.02$ See note 1, 2 Excavator 2 (Yanmar)- Standby 8 HR 14.75$ 118.02$ Dump Truck - Standby 8 HR 19.04$ 152.32$ Dump Truck - Standby 8 HR 19.04$ 152.32$ Loader(Deere) - Standby 8 HR 11.65$ 93.20$ Excavator 1 (Gehl)- Operating 6 HR 50.01$ 300.03$ Excavator 2 (Yanmar) - Operating 6 HR 50.01$ 300.03$ Dump Truck - Operating 6 HR 79.61$ 477.66$ Dump Truck - Operating 6 HR 79.61$ 477.66$ Loader (Deere)- Operating 6 HR 42.99$ 257.95$ Subtotal - Rental Equipment = 2,447.22$ Subcontracted Costs -$ -$ Subtotal - Subs = -$ Subtotal = 23,754.93$ Bonds, Insurance (2%) = 712.65$ Subtotal = 24,467.58$ Notes: 1. Per G.C.'s, standby is half rental rate and no added operating cost 2. Per G.C.'s no markup (5% or 15%) is added to the equipment costs Wage Rate Assumptions (contract prevailing rates) Assumed Burden = 1.75 Wage Fringe Total w/ Burden Operator Group 2; excavator; 29.70$ 13.80$ 43.50$ 76.13$ Laborer Grp 3; Pipelayer 26.07$ 12.44$ 38.51$ 67.39$ Truck Driver 31.28$ 11.96$ 43.24$ 75.67$ Bozeman, 2023 CIPP Projects Lehrkinds 21-inch Sewer Main Repair - Omdahl Costs; Cost of Work 325 Date General Work Completed Comment Wednesday, November 8, 2023 Lined 21" from FO202 to FO204; ended after midnight Thursday, November 9, 2023 Limited work after very long day on Wed; prepping to clean next sections Friday, November 10, 2023 Discovered bad sections of 21" pipe between FO204 and FO205 (tree Section), stopped cleaning and moved to FO206 to FO2011, Found bad section between FO206/FO207 Saturday, November 11, 2023 Lined 21" from FO207 to FO2011 Sunday, November 12, 2023 No Work Monday, November 13, 2023 Cleaning under railroad section Tuesday, November 14, 2023 21" Section under railroad lined, last section to do before repairs Wednesday, November 15, 2023 Moved to 19th, discovered 2 nail/bolts, no cutter truck on site; moved to short section 10620/10621 to video Bypass Pump Rental Extension Thursday, November 16, 2023 S. 19th; Lined from 10620 to 10621; two sections remain but need cutter tool Bypass Pump Rental Extension Friday, November 17, 2023 No work Bypass Pump Rental Extension Saturday, November 18, 2023 No work Bypass Pump Rental Extension Sunday, November 19, 2023 No work Bypass Pump Rental Extension Monday, November 20, 2023 No work Bypass Pump Rental Extension Tuesday, November 21, 2023 No work Bypass Pump Rental Extension Wednesday, November 22, 2023 No work Bypass Pump Rental Extension Thursday, November 23, 2023 No work Bypass Pump Rental Extension Friday, November 24, 2023 No work Bypass Pump Rental Extension Saturday, November 25, 2023 No work Bypass Pump Rental Extension Sunday, November 26, 2023 No work Bypass Pump Rental Extension Monday, November 27, 2023 No work Bypass Pump Rental Extension Tuesday, November 28, 2023 No work Bypass Pump Rental Extension Wednesday, November 29, 2023 No work Bypass Pump Rental Extension Thursday, November 30, 2023 No work on 21-inch Bypass Pump Rental Extension Friday, December 1, 2023 Lining on 19th; Thawing bypass Bypass Pump Rental Extension Saturday, December 2, 2023 Dig/Replace on Lehrkinds (bypass operating)Bypass Pump Rental Extension Saturday, December 2, 2023 Line last section of 21" (bypass operating)Bypass Pump Rental Extension Bozeman, 2023 CIPP Projects 326 Equipment Data Manufacturer Atlas Copco Year Model 6-inch, PAS 150 HF Rated Capacity/size 6x6x11 Engine Type Diesel Horsepower 74.000 Attachments Factors Rates Blue Book Monthly Rate 22,966.00$ Monthly rental equpment quote less second pump that did not work Monthly Rate/176 130.49$ Regional Adjustment Factor 1.000 130.49$ Age Factor 1.000 130.49$ Base Equipment Hourly Rate - Non Operated 130.49$ Attachment Hourly Rate Total Hourly non Operated Rate:130.49$ Hourly Operating Rate 16.72$ Estimated from similar equipment in Blue Book and indexed to 2023 Attachment Operating Rate -$ Total Operating Rate 16.72$ Seasonal Factor 1.000 147.21$ Severity Factor (1.0 - standard; 1.1 Moderate; 1.2 Severe)1.000 147.21$ Total Hourly Rate 147.21$ Blue Book Rental Rate Determination (Allied Equipment) 327 Equipment Data Manufacturer Gehl Year Model GE 802 Similar model from 2003 Bluebook Rated Capacity/size Engine Type Diesel Horsepower 61.000 Attachments Factors Rates Blue Book Monthly Rate 5,193.00$ Monthly = 3495 in 2003, 20 yrs @ 2% Monthly Rate/176 29.51$ Regional Adjustment Factor 1.000 29.51$ Age Factor 1.000 29.51$ Base Equipment Hourly Rate - Non Operated 29.51$ Attachment Hourly Rate Total Hourly non Operated Rate:29.51$ Hourly Operating Rate 20.50$ Hourly = $13.80 in 2003, 20 yrs @ 2% Attachment Operating Rate -$ Total Operating Rate 20.50$ Seasonal Factor 1.000 50.01$ Severity Factor (1.0 - standard; 1.1 Moderate; 1.2 Severe)1.000 50.01$ Total Hourly Rate 50.01$ Blue Book Rental Rate Determination - Omdahl Equipment 328 Equipment Data Manufacturer Yanmar Numbers are the same as the Gehl one, close in size Year Model SV100 Rated Capacity/size Engine Type Diesel Horsepower 61.000 Attachments Factors Rates Blue Book Monthly Rate 5,193.00$ Monthly = $3,495 in 2003, 20 yrs @ 2% Monthly Rate/176 29.51$ Regional Adjustment Factor 1.000 29.51$ Age Factor 1.000 29.51$ Base Equipment Hourly Rate - Non Operated 29.51$ Attachment Hourly Rate Total Hourly non Operated Rate:29.51$ Hourly Operating Rate 20.50$ Hourly = $13.80 in 2003, 20 yrs @ 2% Attachment Operating Rate -$ Total Operating Rate 20.50$ Seasonal Factor 1.000 50.01$ Severity Factor (1.0 - standard; 1.1 Moderate; 1.2 Severe)1.000 50.01$ Total Hourly Rate 50.01$ Blue Book Rental Rate Determination - Omdahl Equipment 329 Equipment Data Manufacturer Deere Year Model 444H Actual was 324K, this is closest that was in bluebook Rated Capacity/size Engine Type Diesel Horsepower Attachments Factors Rates Blue Book Monthly Rate 4,101.00$ Monthly = $2,760 in 2003, 20 yrs @ 2% Monthly Rate/176 23.30$ Regional Adjustment Factor 1.000 23.30$ Age Factor 1.000 23.30$ Base Equipment Hourly Rate - Non Operated 23.30$ Attachment Hourly Rate Total Hourly non Operated Rate:23.30$ Hourly Operating Rate 19.69$ Hourly = $13.25 in 2003, 20 yrs @ 2% Attachment Operating Rate -$ Total Operating Rate 19.69$ Seasonal Factor 1.000 42.99$ Severity Factor (1.0 - standard; 1.1 Moderate; 1.2 Severe)1.000 42.99$ Total Hourly Rate 42.99$ Blue Book Rental Rate Determination - Omdahl Equipment 330 Equipment Data Manufacturer Deere Year Model 8x4, 80,000 GVW Bluebook based on size, not make/model Rated Capacity/size Engine Type Diesel Horsepower Attachments 15-18 CY bed Factors Rates Blue Book Monthly Rate 6,702.00$ Monthly = $4510 in 2003, 20 yrs @ 2% Monthly Rate/176 38.08$ Regional Adjustment Factor 1.000 38.08$ Age Factor 1.000 38.08$ Base Equipment Hourly Rate - Non Operated 38.08$ Attachment Hourly Rate Total Hourly non Operated Rate:38.08$ Hourly Operating Rate 41.53$ Hourly =$ 27.95 in 2003, 20 yrs @ 2% Attachment Operating Rate -$ Total Operating Rate 41.53$ Seasonal Factor 1.000 79.61$ Severity Factor (1.0 - standard; 1.1 Moderate; 1.2 Severe)1.000 79.61$ Total Hourly Rate 79.61$ Blue Book Rental Rate Determination - Omdahl Equipment 331 Section Title Line Item Item Description Unit Quantity Unit Price Extension Final Quantity Net Change Schedule 1 100 Mobilization/Demobilization LS 1 $50,000.00 $50,000.00 1.00 $0.00 101 Taxes, Bonding, Insurance LS 1 $35,000.00 $35,000.00 1.00 $0.00 102 Install CIPP Liner - 8 Inch Ln Ft 2443 $55.00 $134,365.00 1894.00 ($30,195.00) 103 Install CIPP Liner - 21 Inch Ln Ft 2534 $105.00 $266,070.00 2186.00 ($36,540.00) 104 Reinstatement of Services Ea 3 $500.00 $1,500.00 2.00 ($500.00) 105 Bypass Pumping LS 1 $50,000.00 $50,000.00 1.00 $0.00 106 Annular Space Grouting LS 1 $25,000.00 $25,000.00 1.00 $0.00 107 Traffic Control LS 1 $30,000.00 $30,000.00 1.00 $0.00 Miscellaneous Work $20,000.00 201 Miscellaneous Work Ea 20000 $1.00 $20,000.00 0.00 ($20,000.00) Base Bid Total:$611,935.00 Net Change = ($87,235.00) Revised Contract Total = $524,700.00 Change Order 1 - Lehrkinds LS 1 40,509.12$ 40,509.12$ With Change Order 1 = $565,209.12 City of Bozeman - 2023 CIPP Projects (#8376478) Owner: Bozeman MT, City of Reconciliation of Final Quantities Allied Trenchless 332 406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive ■ Bozeman, Montana 59715 ■ www.dowl.com November 29, 2023 Mr. Tyson Bafford Allied Trenchless 246 W. Manson Hwy; Ste. 124 Chelan, WA 98816 Subject: 2022 Bozeman CIPP Projects – Change Order 1 – Dig and Replace Damage Pipe at Lehrkinds Coke Facility Dear Mr. Bafford: We have reviewed the pricing provided for Work Directive 1 and are working to get this incorporated into a change order. The General Conditions of the contract identify the specific allowable costs for incorporation into added work, and some adjustments to the cost submitted are necessary to fit with the contract allowances. The applicable sections of reference in the General Conditions are in Article 11 and Article 12 and the associated Supplemental Condition SC – 11.01. Article 12 identifies the specific allowances for overhead and profit for work performed by the Contractor versus lower tiers of subcontractors. Article 11 and SC – 11.01 specifically address equipment rental expenses. The first attachment to this letter provides a brief summary of the completed project schedule to identify the dates the project was interrupted upon discovery of the excessive pipe damage not visible below the typical flowing water level. The next attachment is a preliminary illustration of the Blue Book Rental Rate calculation. In the interest of simplicity, for this number we have taken the equivalent monthly cost from Sunbelt for all the rented equipment, less one pump that never worked and was never used, and divided the cost by 176, as described in the Supplemental Conditions. This provides the standard hourly rental rate. The operating rate was pulled from the closest approximate pump from a Blue Book Rental rate table and indexed to 2023. The combined rates are the total hourly equipment cost applicable to the project. For standby, non-operated time, the allowable hourly cost is 50% of the hourly rental rate, per the Supplemental Conditions. For the total hours, we have just assumed 8 hour days and 5 days per week. Only one actual additional day of operating time is included for the time the bypass is needed to complete the repair. The last attachment is a summary of the costs Allied provided with the adjustments in accordance with the contract allowances. Two such adjustments are for the allowable markup on Allied’s costs and the same on the subcontracted costs. Further, the equipment rental rates are supposed to include overhead and profit and are not subject to the additional markup (see 12.01.C.2.d and the referenced 11.01.A.5). Thus, no markup is shown on the equipment rental costs. Please review the attachments, the noted contract general conditions and allowances and provide support for any proposed adjustments to the tabulated costs. We will further review and assist in reaching a mutually acceptable amount that can be supported by the contract allowances if and when questioned by the City Commission. 333 Page 2 of 2 Let us know what questions you have or call for clarifications. Sincerely, DOWL Kevin R. Johnson, PE, BCEE Project Manager Attachment(s): As stated c: Kellen Gamradt, City of Bozeman 334 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5569 Modification of Special Improvement Lighting District 748 MSU Innovation Campus MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5569 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 (MCA) 7-12-4301 authorizes special improvement districts to be created to pay for the cost of operating and maintaining streetlights and to assess costs to benefitted property owners. (MCA) 7-12- 4351 authorizes the major modification of an existing special improvement lighting district. Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that prior to final plat approval, lighting must be installed or secured. Lighting District 748 was created in November of 2018 to include the MSU Innovation Campus development. This modification adds four additional lights on Technology Blvd. The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. Costs will be recovered by billing property owners each year on their City Assessment bill. It is estimated to $27.11 per acre within the district or $1,137.48 annually for the entire district 335 Attachments: Resolution 5569- Modify SILD 748 -MSU Innovation Campus.doc Report compiled on: February 13, 2024 336 Page 1 of 4 RESOLUTION 5569 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 748(MSU INNOVATION CAMPUS)TO ADD FOUR NEW LIGHTS TO TECHNOLOGY BLVD, AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGYTHEREFORETO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on February 6, 2024, adoptedResolution No 5568 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to modifya special lighting district, designated as Special Lighting District No. 748(MSU Innovation Campus)ofthe City(the “District”), under MontanaCode Annotated, Title 7, Chapter 12,Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the Modification and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and this Commission did hear and pass upon any written protests against. The meeting of this Commission at which this resolution was adopted, is the first regular meeting of the Commission followingthe expiration of the protest period which ended 15 days after the first date of publication of the notice of passage of the Resolution of 337 Resolution 5569, Modification of SILD 748 Page 2 of 4 Intention. Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Modification of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Modification. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Tuesday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 748 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. 338 Resolution 5569, Modification of SILD 748 Page 3 of 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 5th day of March 2024. ___________________________ TERENCE CUNNINGHAM ATTEST:Mayor ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 339 Resolution 5569, Modification of SILD 748 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5569entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 748 (MSU INNOVATION CAMPUS) TO INCLUDEFOUR NEW LIGHTS TO TECHNOLOGY BLVDTO THIS DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” 5569 (the “Resolution”), is on file in the original records of the City in my legal custody; that the Resolution wasduly adopted by the City Commission of the City at a meeting on March 5, 2024and that the meeting was duly held bythe City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _______________________________________________ ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 5th day of March 2024. ___________________________________ Alex Newby Deputy City Clerk 340 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5575 Creation of Special Improvement Lighting District 784 North Park Development MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5575 Creation of Special Improvement Lighting District 784, North Park Development 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 Commission did on February 6, 2024 adopt Commission Resolution No. 5574 Intent to Create Special Improvement Lighting District 784, North Park Development as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $4.41 per acre within the district or $511.80 annually for the entire district. Attachments: Resolution 5575-Creation of SILD 784.doc Report compiled on: February 13, 2024 341 Page 1 of 4 RESOLUTION 5575 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 784 NORTH PARK DEVELOPMENTCREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on February 6, 2024, adoptedResolution No. 5574 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 784 (North Park Development)of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on March 5, 2024, this Commission 342 Resolution 5575, Creation of SILD 784 – NORTH PARK DEVELOPMENT Page 2 of 4 approved the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 784 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to 343 Resolution 5575, Creation of SILD 784 – NORTH PARK DEVELOPMENT Page 3 of 4 pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5 th day of March 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ________________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 344 Resolution 5575, Creation of SILD 784 – NORTH PARK DEVELOPMENT Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5575 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 784(NORTH PARK DEVELOPMENT);CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTEDPROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on March 5, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 5th day of March 2024. ___________________________________ ALEX NEWBY Deputy City Clerk 345 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5577 Modification of Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5577 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 (MCA) 7-12-4301 authorizes special improvement districts to be created to pay for the cost of operating and maintaining streetlights and to assess costs to benefitted property owners. (MCA) 7-12- 4351 authorizes the major modification of an existing special improvement lighting district. Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that prior to final plat approval, lighting must be installed or secured. Lighting District 767 was created in November of 2021 to include Bozeman Gateway Sub PUD Phase4 (West Garfield St) development. This modification expands the district to include MSU Innovation Campus. The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. Costs will be recovered by billing property owners each year on their City Assessment bill. It is estimated to cost $7.09 per acre within the district or $631.80 annually for 346 the entire district. Attachments: Resolution 5577- Modify SILD 767-Bozeman Gateway Sub PUD Phase 4 (West Garfield Street).doc Report compiled on: February 13, 2024 347 Page 1 of 4 RESOLUTION 5577 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUB PUD PHASE 4 (WEST GARFIELD ST) TO INCLUDE MSU INNOVATION CAMPUS FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on February 6, 2024, adoptedResolution No 5576 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to modifya special lighting district, designated as Special Lighting District No. 767Bozeman Gateway Sub PUD Phase 4 (West Garfield St) to include the MSU Innovation Campus of the City (the “District”), under MontanaCode Annotated, Title 7, Chapter 12,Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the Modification and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and this Commission did hear and pass upon any written protests against. The meeting of this Commission at which this resolution was adopted,is the firstregular meeting ofthe Commission following the expiration of the protest period 348 Page 2 of 4 which ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention. Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Modification of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Modification. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Tuesday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 767 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. 349 Page 3 of 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 5tht day of March 2024. ___________________________ TERENCE CUNNINGHAM ATTEST:Mayor ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 350 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5577entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUB PUD PHASE 4 (WEST GARFIELD ST) TO INCLUDE MSU INNOVATION CAMPUS TO THIS DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” 5577(the “Resolution”), is on file in the original recordsof the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting onMarch 5, 2024and thatthe meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _______________________________________________ ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 5th day of March 2024. ___________________________________ Alex Newby Deputy City Clerk 351 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Interim Director of Utilities SUBJECT:Resolution 5585 Authorizing the City Manager to Sign Change Order 1 for the Municipal Groundwater Test Wells Project with O'Keefe Drilling Company MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve Resolution 5585, Authorizing the City Manager to Sign Change Order No. 1 for the Municipal Groundwater Test Wells Project with O’Keefe Drilling Company. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is Resolution 5585 and Change Order No. 1 for the Municipal Groundwater Test Wells Project with O’Keefe Drilling Company. The work under the construction contract is at final completion and the contractor has submitted an application for final payment and project closeout. Final payment will occur after commission action approving this resolution 5585. Change Order No. 1 modifies the final contract price and contract time by formally incorporating change proposal requests and work directives authorized during construction, as well as documents the final installed unit price quantities for the project. The change order increases the contract price an additional $23,625 to a total of $574,475.00 and provides 18 additional days of contract time to reach substantial completion for an overall total of 108 days. Despite the additional days of contract time provided in the change order, the contractor exceeded contract time by 12 days. The final application for payment will deduct liquidated damages pursuant to the construction contract at $500/day for each day of contract time exceeded for a total deduction of $6,000. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Change Order No. 1 increases the construction contract price by $23,625.00, providing for a total amount of $574,475.00. The City will deduct $6,000 of liquidated damages from the final payment amount to the contractor for the 352 12 days of contract time exceeded to reach substantial completion. The construction contract and this change order are funded by the Water Impact Fee Fund through CIP Project WIF31. Attachments: Resolution 5585_CO No. 1_Municipal Test Well_20240222.pdf Change Order No. 1_Municpal Test Well.pdf Report compiled on: February 22, 2024 353 Version April 2020 RESOLUTION 5585 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH O’KEEFE DRILLING COMPANY, BUTTE, MONTANA WHEREAS, the City Commission did, on the November 15, 2022, authorize award of the construction contract bid for the Municipal Groundwater Test Wells Project to O’Keefe Drilling Company, Butte, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications 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 or modifications to the specifications and/or plans of the contract to reflect the project scope and price at final completion. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and O’Keefe Drilling Company., as contained in Change Order No. 1, 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 5th day of March, 2024. ___________________________________ TERRY CUNNINGHAM Mayor 354 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 355 356 357 358 359 360 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. BACKGROUND:This agenda item provides the City Commission the opportunity to approve a severance and general release agreement with City Manager Jeff Mihelich. If approved by the City Commission, Mr. Mihelich’s last day as Bozeman City Manager will be Tuesday, March 5, 2024. The severance and general release agreement is attached. I also attached Mr. Mihelich’s employment agreement from April, 2020 which includes the only amendment to the employment agreement from 2021. After I provide a few notes regarding the employment agreement I will discuss the main components of the severance agreement. The City Manager’s employment agreement from 2020 provides severance of 12 months of pay and a contribution of 12 months of retirement calculated at 18% of each months’ salary. See Section III.6 of the employment agreement. The employment agreement provides a number of circumstances for which severance would not be due upon removal. These are limited to the following: i. conviction of or plea of guilty or no contest to a felony; ii. conviction of or plea of guilty or no contest to a misdemeanor which: a. The act or failure to act occurs in the course and scope of the City Manager’s duties; or b. Negatively affects the credibility of the City Manager to sufficiently discharge his duties; iii. Adjudication by the City’s Board of Ethics that the City Manager violated the City or State codes of ethics; iv. Repeated and protracted unexcused absences for the City Manager’s 361 office or duties; v. Knowingly falsifying records or documents or knowingly making false statements related to the City’s activities or businesses; vi. Violation of any City policy regarding drugs or alcohol; or vii. Any willful, grossly negligent, or negligent misrepresentation or misuse, direct or indirect, by the City Manager of public or other funds or other property, real, personal, or mixed owned by or entrusted to the City, any agency or corporation thereof, or the City Manager in the City Manager’s official capacity. Pursuant to the employment agreement, removal pursuant to Sec. 3.02 of the Bozeman City Charter for any reason other than those listed above requires payment by the City of full severance. If the severance and release agreement is approved by the Commission, the City will pay Mr. Mihelich severance as follows: 8 months of pay totaling $171,824.64; and 8 months of retirement contribution at 18% of the monthly salary for a total of $30,928.44. The City is required by law to pay Mr. Mihelich all accrued sick and vacation leave the same as any other employee who ends employment with the City. Sick and vacation leave payouts would be required to be paid even if the City Manager was removed for one of the limited reasons stated above; particularly, upon a finding by the Board of Ethics that an ethics violation occurred. The severance and release agreement includes a full release of all claims by Mr. Mihelich. This severance agreement is substantially similar to the severance agreement the City Commission entered into in 2017 with a former city manager wherein the Commission paid the full severance of 12 months as provided for in that employment agreement. Finally, on February 12, 2024, the City Commission requested the City Attorney’s Office draft an ethics complaint regarding Mr. Mihelich that would be filed with the City’s Board of Ethics related to statements made by him in a video that was made public. If the Commission approves this item, the Commission will not file an ethics complaint against the City Manager. UNRESOLVED ISSUES:N/A ALTERNATIVES:As per Commission FISCAL EFFECTS:See the background section above Attachments: 02.29.2024 - Severance and General Release Agreement Mihelich_signed by J. Mihelich.pdf Mihelich_Employment_Agreement_and_2021_Amendment.pdf Report compiled on: February 22, 2024 362 Severance and General Release Agreement – Jeff Mihelich Page 1 of 6 SEVERANCE AND GENERAL RELEASE AGREEMENT This Severance and General Release Agreement (hereinafter "Agreement") is effective on the Effective Date as defined herein and is between Jeff Mihelich ("Employee") and the City of Bozeman, ("Employer"), (collectively referred to as the “Parties"). RECITALS WHEREAS, Employee was employed by Employer pursuant to the employment agreement dated April 20, 2020 (''Employment Agreement") and Article III of the City of Bozeman Charter ("City Charter"); and WHEREAS, Employer and Employee have agreed to terminate Employee’s employment and the Employment Agreement as of the Effective Date (defined below); and WHEREAS, the Parties have agreed that Employee will be provided with certain severance benefits; and WHEREAS, the Parties enter into this Agreement in lieu of the City Commission initiating removal procedures pursuant to Article III, Sec. 3.02 of the Bozeman City Charter; and WHEREAS, in consideration of these severance benefits, Employee has agreed to release certain claims he might have against Employer arising out of his employment or the termination of his employment. NOW, THEREFORE, for and in consideration of the mutual promises, obligations, and covenants herein contained, the Parties voluntarily and knowingly agree as follows: AGREEMENT 1. Effective Date. This Agreement shall become effective on the day it is executed by Employee and Employer ("Effective Date"). 2. Termination. Employee's employment and duties as City Manager shall terminate on March 5, 2024. Employee agrees that after March 5, 2024, he will not perform any work for Employer, his access to all of Employer's electronic systems shall be shut off and he shall have no authority to act on behalf of Employer or any related entities. Employee must return any equipment owned by the City, including the Employee’s City issued cell phone, by 12:00pm on Wednesday, March 6, 2024. Employee must not password protect the Employee’s City issued cell phone and must provide the City the passcode number for the phone. 363 Severance and General Release Agreement – Jeff Mihelich Page 2 of 6 3. Release. a. Employee shall, and hereby does, on behalf of himself, his heirs, successors and assigns, acknowledge full and complete satisfaction of, and does hereby waive his right to damages from and release, absolve and discharge Employer, its subsidiaries, divisions, and affiliated entities, past and present, and each of them, as well as their elected and appointed officials, directors, officers, agents, servants, employees, representatives, heirs and attorneys, past and present, and each of them (collectively the "Released Parties"), from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, complaints, wages, obligations, debts, labor grievances, expenses, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, related to or arising out of Employee’s employment or termination of his employment, which he owns or holds or at any time heretofore owned or held against the Released Parties or any one or more of the Released Parties, including specifically but not exclusively, without limiting the generality of the foregoing, (1) except as required pursuant to 2- 9-305, MCA, any and all claims arising out of or in any way connected with Employee's employment or payment of compensation by Employer or its affiliates under the Employment Agreement, Bozeman City Charter, or otherwise; (2) any and all claims arising out of or in any way connected with the termination of Employee's employment with Employer; (3) any claim that could arise under common (including civil tort) law and/or state or federal statutes, including but not limited to, any and all claims under the federal Fair Labor Standards Act, the Equal Pay Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Act of 1866, the Montana Wrongful Discharge from Employment Act, the Montana Wage Payment Act, the Montana Human Rights Act, including but not limited to state and federal tax laws, and any other federal, state or local laws, without limitation or exception. The Parties intend this Agreement to have a broad effect and to settle to the fullest extent permitted by law all claims and disputes, without limitation of any kind or nature, whether known or unknown, relating to Employee and his employment by Employer, subject to Employer's obligation pursuant to Section 2-9-305, MCA. b. As a term and condition of this Agreement, Employee represents that he has not assigned any of the claims that are being released, and that he has not filed any grievances, administrative claims, or lawsuits against the Employer. 4. Severance Amount. In consideration for this Agreement, and in satisfaction of any obligation to make payments under the Employment Agreement, Employer agrees to pay to Employee the following amounts (the "Severance") to be mailed to the Employee at the address listed in this Agreement unless the Employee provides written notice otherwise: (1) all unpaid 364 Severance and General Release Agreement – Jeff Mihelich Page 3 of 6 base salary in the form of paid administrative leave through March 5, 2024 to be paid within three (3) business days after March 5, 2024; (2) reimbursement of all expenses payable in accordance with the Employer’s current practice as set forth in the Employment Agreement to be paid within three (3) business days after March 5, 2024; (3) a total payment of $171,824.64 (one hundred seventy one thousand eight hundred twenty four dollars and sixty four cents), less required withholdings, equal to eight (8) months’ base salary to be paid on the eighth (8th) business day after Employee’s execution of this Agreement and expiration of the revocation provision as provided for in Section 11.b of this Agreement. ln addition, the Employer will make a contribution within three (3) business days after the eighth (8th) day after Employee’s execution of this Agreement and expiration of the revocation provision as provided for in Section 11.b of this Agreement to the Employee's 401(a) retirement account according to the Employee's current distribution schedule in the amount of $30,928.44 (thirty thousand nine hundred twenty eight dollars and forty four cents), equal to eight (8) months of retirement benefit as determined pursuant to the Section VI.4 of the Employment Agreement. 5. Leave Payouts and Vehicle and Housing Proration. Employer will pay out all accrued and unused sick and vacation leave in accordance with City policy and state statute. Employer will pay Employee prorated vehicle and housing allowances as of March 5, 2024. These amounts will be paid within three (3) business days after March 5, 2024. 6. Insurance. Parties understand that continuation of medical benefits, including dental and vision benefits, is governed by the appropriate provisions of the federal law commonly known as COBRA, 29 U.S.C. § 1162, et seq., and it shall be solely Employee's responsibility to initiate any continuation of insurance coverage. 7. Acknowledgment of Compensation. Employee acknowledges that, except for the sums set out in this Agreement, he has received full payment of all wages and compensation due to him including, but not limited to, salary, vacation, and bonuses. 8. Non-disparagement. After approval of this Agreement by the Employer, Employee and Employer further agree, as a consideration for this Agreement and the payments made hereunder, that neither party to this Agreement, by word, writing, or action, shall do anything to disparage the other party, its business, or its services in any way. 9. Confidential Information. During the course of employment, Employee has acquired certain "Confidential Information" of the Employer. "Confidential Information" shall mean any information, that is not generally known outside the Employer and that is proprietary to the Employer, relating to any phase of the Employer's existing or reasonably foreseeable activities which is disclosed to Employee by the Employer including information conceived, discovered, or developed by Employee. Employee agrees that he shall not use such Confidential Information 365 Severance and General Release Agreement – Jeff Mihelich Page 4 of 6 acquired during the term of his employment with the Employer and shall not disclose to any person, other than an authorized employee of the Employer any Confidential Information obtained by him while in the employ of the Employer. 10. Severability. The terms of this Agreement are contractual and not a mere recital. Should any provision, or part of any provision, or application thereof, be held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Agreement are declared to be severable. 11. Waiver of Age Discrimination in Employment Act Claims. Employee understands and intends that, by this Release Agreement he is waiving any claims he may have under the Age Discrimination in Employment Act (ADEA), as amended, and represents and agrees that he has, either personally or through his attorney, considered all aspects of this Release Agreement and is fully advised and satisfied with the terms and effect of this Release Agreement; that he is fully aware of his right to discuss any and all aspects of this matter with an attorney of his choice; that he has carefully read and fully understands all of the provisions of this Release Agreement; and that he has voluntarily entered into this Release Agreement. a. Employee understands that he has been given a period of twenty-one (21) calendar days to review and consider this Release Agreement before signing it. Employee further understands that he may use as much of this 21-day period as he wishes prior to signing. b. Employee understands that this Release Agreement can be revoked within seven (7) calendar days of him signing it. Revocation can be made by delivering written notice of revocation to Employer care of the Bozeman City Attorney at P.O. Box 1230, Bozeman, Montana 59771. For this revocation to be effective, written notice must be received by the Bozeman City Attorney no later than the close of business on the seventh (7th) calendar day after Employee signs this Release Agreement. If Employee revokes this Release Agreement, it shall not be effective or enforceable and Employee will not receive the severance benefits described in this Release Agreement. 11. No Representations. Employer makes no representations regarding the tax consequences of this Agreement or any payments made hereunder. 12. Interpretation. Parties agree that this Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any party. The terms of this Agreement shall be enforced pursuant to Montana law. 366 Severance and General Release Agreement – Jeff Mihelich Page 5 of 6 13. Notice. Notice to be given under this Agreement should be sent by email or first class mail, postage prepaid to the parties at the following addresses: Jeff Mihelich City of Bozeman Attn: City Attorney P.O. Box 1230 Bozeman, MT 59771 agenda@bozeman.net 14. Complete Agreement. The undersigned acknowledge that they have carefully read and understood the contents of this Agreement. They further acknowledge and agree that the consideration recited in this Agreement is the sole and only consideration for this Agreement, and no representations, promises, or inducements have been made by any party or its officers, employees, agents or attorneys thereof other than appear in this Agreement. EXCEPT AS SPECIFICALLY SET OUT HEREIN, this Agreement supersedes any other oral or written agreement or understanding between the Parties regarding any matter within the scope of this Agreement, including, without limitation, the Employment Agreement. 15. Public Document. This Agreement is a public document and shall be available for public inspection. 16. Voluntary Agreement. Employee acknowledges voluntarily entering into this Agreement on the date written above, with full knowledge of the rights that he may be waiving after having the opportunity to consult with legal counsel. 17. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 18. Applicable Law. The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 19. No Admission. The Parties agree that this Agreement is not an admission of liability on the part of Employer, Employee, or any Released Party, and cannot be introduced, used, or relied upon in any proceeding as proof or evidence of any wrongdoing or admission of liability by Employer, Employee, or any Released Party; provided, however, that this does not prevent 367 Severance and General Release Agreement – Jeff Mihelich Page 6 of 6 Employer, Employee, or any Released Party from establishing or defending any claim that Employer or Employee violated the terms of this Agreement. 20. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA (EMPLOYER) ______________________________ Terry Cunningham, Mayor JEFF MIHELICH, EMPLOYEE ______________________________ Jeff Mihelich 368 369 370 371 372 373 374 375 376 377 378 379 380 Memorandum REPORT TO:City Commission FROM:Kira Peters, Assistant City Manager Melissa Hodnett, Finance Director Mike Maas, City Clerk SUBJECT:Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7-3-171 through 7-3-193 of the Montana Code Annotated Continued from February 27, 2024 MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION: Consider the Motion: Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: The action item is for the Commission to approve resolution 5584 per Article XI, Section 9 of the Montana Constitution regarding a local government review. Resolution 5584 fulfills the City’s duty to place before the voters on the June 4, 2024, ballot, the question of forming a local government study commission. The resolution includes the statutorily required ballot language. To complete the ballot language, the Commission must determine two items. 1. The Commission must determine the number of study commissioners who would be elected in November 2024 if the voters approve formation of the study commission. 2. The Commission must approve the estimated costs of the study commission. Sections 7-3-171 through 7-3-193 of Montana Code Annotated control the process of presenting to the voters the question of forming a study commission, the election of commissioners to the study commission, and other components of the 381 study commission process. The resolution includes the following content: A ballot question that will ask voters in compliance with the statutory ballot language required by 7-3-175, MCA if they would like to conduct a local government review and establish an associated study commission. This question will be included on the June 4, 2024, ballot in conjunction with the primary election. The number of members that would serve on the study commission. The minimum required is three commissioners and it must be an odd number. The recommendation is to have five study commissioners. This is consistent with study commission numbers in 2004 and 2014 (past government review years). The established funding to support the work of the study commission. For the City of Bozeman, the estimate of the cost of the study commission, including the costs of the elections, is approximately 1 mill (approximately $233,000). As such, 1 mill is recommended for the ballot language. We provide background on the following: I. The procedures that must be followed to put the question of a local government review and study commission on the ballot. This information includes details regarding election of study commissioners. II. The purposes and authority of a study commission. III. Information on funding the study commission. IV. Recent History of Government Review V. The timeline for Government Review * A brief history of past Government Reviews in included as a separate PDF attached. I. Procedure for the Election on a Local Government Review and Study Commission Section 9, Article XI of the Montana Constitution requires each local government in Montana to conduct an election every ten years “to determine whether a local government will undertake a review procedure.” The Montana Legislature has enacted statutory mechanisms to implement this constitutional requirement. Pursuant to 7-3-173, MCA the City must pass a resolution that calls for an election at a minimum every ten years on the question of conducting a local government review and establishing a study commission. This resolution must be passed and submitted to the County Elections Administrator by March 11, 2024, and the question will appear on the ballot 382 at the primary election held on June 4, 2024. We provide a few additional items for background on procedure. A local government study commission may be established only by an affirmative vote of the people. 7-3-173, MCA. The election must be made in substantially similar form to the ballot language established by the Legislature. 7-3-175, MCA. Resolution 5584 complies with the statutory form. Pursuant to 7-3-176, MCA, “If the question of reviewing the local government and establishing a study commission is approved, an election to fill the positions on the local government study commission must be held in conjunction with the first regularly scheduled election of the local government conducted after 90 days following the election establishing the study commission.” If the voters decide in favor of conducting a local government review, a study commission will be elected during the general election on November 5, 2024. Candidates for the study commission must be registered electors of the city and must file declarations of nomination not later than 75 days before the date of the November 5, 2024, election. Candidate filing will open on the date that the primary election results are certified and will close on August 12, 2024. The City Commission has the authority to declare a larger number of members to be elected beyond the three positions required by Section 7-3- 177, MCA; however, the amount must be an odd number of members. Prior study commissions consisted of five members; as such, Resolution No. 5584 reflects that number. II. Purpose, Powers, Scope of Review, and Final Report The purpose of a study commission is to “study” the existing form and powers of a local government and procedures for delivery of local government services and compare them with other forms available under the laws of the state.” 7-3-172, MCA. The Study Commission’s powers are enumerated at 7-3-183, MCA and include the authority to employ and fix the compensation of necessary staff, contract and cooperate with other agencies, establish advisory boards and committees, retain consultants, and do any other act consistent with and reasonably required to perform its functions. A study commission examining the government of a municipality may recommend amendments to the existing plan of government, recommend any plan of government authorized by Title 7, chapter 3, parts 1 through 6, draft a charter (or recommendations on amendments to the charter), 383 recommend municipal-county consolidation, recommend disincorporation; or submit no recommendation.7-3-185(2)(a), MCA. In addition, a study commission may recommend service consolidation or transfer in cooperation with a county study commission, a county study commission and one or more municipal study commissions, one or more municipal study commissions. 7-3-185(2)(b), MCA. III. Finances and Mill Levy in Support of a Local Government Study Commission A study commission must prepare a budget for each fiscal year it is in existence and submit it to the City Commission for adoption and the Commission “shall appropriate an amount necessary to fund the study.” 7-3- 184, MCA. The City Commission must, for the support of the study commission, appropriate an amount necessary to fund the study. To do so, the City Commission “may levy mills in excess of all other mill levies authorized by law to fund the appropriation.” 7-3-184(2)(a), MCA (emphasis added). As noted, the current statutory ballot language requires the incorporation of a funding amount. See 7-3-175, MCA. To that extent, we have included in the proposed ballot language an estimate of the costs associated with the study commission (1 mill which is currently valued at $233,000). Pursuant to 15-10-420(9)(a)(iv), the Commission may levy mills outside of the statutory cap to fund the study commission without a vote of the people. Staff recommends the Commission fund the study commission, if created, by the Commission levying to cover costs. IV. Recent History of Government Review in The City of Bozeman: In 2004, voters approved a study commission. The result was a vote on the Charter in November 2006. The Charter was adopted by the voters and became effective in January of 2008. In 2014, voters said “no” to forming a study commission. 2014 General Information linked here 2004 General Information linked here V. Timeline for the 2024-2026 Voter Review Process: March 11, 2024: Deadline for governing bodies to call for local 384 government review. June 4, 2024: Primary election for citizens to vote on whether they want to conduct a local government review. June 18, 2024: Beginning of study commission candidate filing. August 12, 2024: Last day for local government review commission candidates to file declaration of nomination by 5pm. November 5, 2024: Study commission election Late November 2024: Study commissioners have their first meeting and are sworn in no later than 10 days after the election to the study commission is declared or certified. UNRESOLVED ISSUES:None. ALTERNATIVES:At the direction of the Commission. FISCAL EFFECTS:The estimated cost of the Study Commissions work and associated election costs is $233, 000 or the current value of 1 mill. This estimate includes costs associated with the following: 2 citywide elections Cost for noticing public meetings, public hearings and elections. Publication of a final report Cost of administratively supporting the Study Commission. These costs can include consultant fees, the cost to develop community and or staff surveys, hosting community forums/listening sessions and the potential of administrative support personnel. Estimated expenses based off of benchmarking with other Montana jurisdictions is $233,000 for the City of Bozeman's population size. Attachments: Resolution 5584 for 2024 Government Review Process .pdf Bozeman Government Review History .pdf Report compiled on: February 20, 2024 385 Version February 2023 RESOLUTION #5584 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING A LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION, PURSUANT TO SECTION 7-3-171 THROUGH 7-3-193, MONTANA CODE ANNOTATED. WHEREAS, pursuant to Article XI, Section 9 of the Montana Constitution, the Montana Legislature has established statutory procedures requiring an election at least every ten years in each local government to determine whether a study commission shall be established to study the existing form and structure of a local government; and WHEREAS, Section 7-3-173, MCA requires an election on the question of conducting a local government review and establishing a study commission be held every ten years; and WHEREAS, Section 7-3-173, MCA requires the local governing body to call for an election on the question, to be held on the primary election date. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That an election on the question of conducting a local government review and establishing a study commission be held on June 4, 2024, in conjunction with the primary election to be held on that date and that a certified copy of this Resolution be transmitted by the Bozeman City Clerk to the Gallatin County Election Administrator upon adoption for placement on the June 4, 2024, primary ballot. 386 Version February 2023 Section 2 That the proposed study commission shall consist of five (5) citizen members, to be elected by ballot of the general electorate in conjunction with the 2024 general election to be held on November 5, 2024, and ex-officio, non-voting member, to be appointed by the City Commission. The ex-officio, non-voting member must be a member of the City Commission or an elected official or employee of the City of Bozeman. Section 3 That the question of conducting a local government review and establishing a study commission shall be submitted to the electors in the following form: Vote for one: □ FOR The review of the government of the City of Bozeman and the establishment and funding, not to exceed the value of one mil (currently valued at $233,000) of a local government study commission consisting of five (5) members to examine the government of the City of Bozeman and submit recommendations on the government. □ AGAINST The review of the government of the City of Bozeman and the establishment and funding, not to exceed the value of a mil (currently valued at $233,000) of a local government study commission consisting of five (5) members to examine the government of the City of Bozeman and submit recommendations on the government. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 2024. ___________________________________ TERRY CUNNINGHAM Mayor 387 Version February 2023 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 388 History of Government Review & Past Study Commissions in the City of Bozeman Montana For City Commission Meeting on 2/27/2024 1974-1976 The 1974 Montana Legislature authorized procedures to carry out the citizen review of local government mandated by the recently adopted Montana Constitution. The first City of Bozeman Local Government Study Commission was established by Resolution No. 1661. The five Study Commission members were elected November 5, 1974, and their Final 1976 Voter Review Report was submitted on April 12, 1976. The 1976 Study Commission recommended an alternative form of government. At that time the City operated pursuant to a Commission-Manager form of government with general government. powers. The Study Commission proposed the adoption of a Charter for a Commission-Manager form of government with self-government powers. At the election held on June 1,1976, by slightly more than two hundred votes, the existing form of government (Commission –Manager with general powers) received the most votes and remained in place. 1984-1986 On March 19, 1984, The City Commission approved Resolution No. 2496 calling for an election. for a local government review which was passed by the voters at the primary election. The Study Commission members were elected on November 6, 1984, and their Final 1986 Study Commission Report was submitted on June 2, 1986. The 1986 Study Commission noted and recommended that the issue of a City Charter with self- government powers be brought to the immediate attention of Bozeman voters: however, the Study Commission concluded that no change in the form of government be placed on the ballot. The 1986 Study Commission did point out areas where changes could be made within the existing structure internally and specifically addressed each one in their report. 389 1994-1996 On March 21, 1994, The City Commission approved Resolution No. 2964 calling for an election. for a local government review which was passed by the voters at the primary election. The five Study Commission members were elected on November 8, 1994, and their Final 1996 Study Commission Report was submitted on August 13, 1996. The 1996 Study Commission recommended an alternative form of government and added to the official ballot language for adoption a self-government charter for the city. The proposed Charter included: • Self-Government Powers- giving greater flexibility in shaping the government structure, increasing responsibility of recognizing and dealing with our own problems and greater power to solve problems. • Commission-Manager Structure- making minor adjustments to the existing commission- manager structure. • Increase Representation-increasing the Commission to seven members and electing the Commission by district and directly electing the mayor at-large. • Taxes and Fees-limiting all city tax and fee increases to the Consumer Price Index and putting an expiration date on all new taxes and fees not approved by the voters. At a special election held on November 5, 1996, the existing form of government received the most votes and remained in place. 2000 Special Election: General Powers to Self-Government Powers In November of 2000, outside of the study commission structure, the voters were presented with. a question of transitioning from a Commission-Manager form of government with general powers to one with self-government powers. See Resolution 3418 and Ordinance 1524. The voters approved the transition. 2004-2006 On March 8, 2004, the City Commission approved Resolution No. 3662 calling for an election for a local government review which was passed by the voters by one vote at the primary election. The Commission also approved Resolution No. 3666 calling for an election on the question of a mill levy to support the study commission. This vote failed. As such, the 2004 – 390 2006 study commission was funded by annual budgets that came from the General Fund’s existing resources, without a corresponding increase in tax revenues. There were budgets approved in Fiscal Year 2005 – Fiscal Year 2007 totaling $36,800. Actual expenditures over these three budget years totaled $14,700, and do not include the election costs which were charged to the Commission’s budget or not billed by the County. This Study Commission relied heavily on the City Clerk’s office for staffing. The five Study Commission members were elected on November 2, 2004, and their Final 2006 Study Commission Report was submitted on August 21, 2006. The 2006 Study Commission recommended a Charter form of government with the City Manager plan and self-government. powers. The Study Commission added that the Charter was prepared in a manner that reflects the current form of government with some minor modifications that the Study Commission felt would enhance the operation of government and ensure that the City’s business is conducted in a professional manner to the public. The Commission approved Resolution No. 3944 adopting the ballot language. At the general election on November 7, 2006, the new recommended proposed form of government as a Charter with the City Manager plan and self-government powers was approved by the voters. The city Charter then went into effect on January 1, 2008. 2014 In 2014 voters said “no” to a local government review. 391 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Growth Policy Amendment Application, the SRX North GPA, to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 Acres. The Property is Generally Located Between Arnold and Graf Streets and East of South 19th Avenue. This Application 23063 is Associated with a Separate Zone Map Amendment Request, see Application 23059 MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The City received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 23059. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use 392 designation from Urban Neighborhood to Community Commercial Mixed Use. The owners, “…believe that a change in future land use designation; and a possible zoning change, will assist in the creation of a desperately needed commercial node on the south side of Bozeman and create a new vision for the property”. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials [External link] are available through the City’s website. No public comment has been received as of the writing of this report. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:1. Do not approve the application findings of non-compliance with the applicable criteria contained within the staff report, 2. Approve the application by adopting the Applicant findings, 3. Approve the application with modifications to the recommended contingencies, or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 23063 SRX North GPA CC SR.pdf 23063 SRX North GPA Boundary.pdf 001 Narrative (1).pdf Report compiled on: January 23, 2024 393 Page 1 of 25 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board January 22, 2024. City Commission February 6, 2024. Project Description: A growth policy amendment to revise the future land use map from Urban Neighborhood to Community Commercial Mixed Use on approximately 17.485 acres. Project Location: The property is located between Arnold and Graf Streets and east of South 19th Avenue. The property is legally described as Lots 2, 3, 4, and portions of Lot 1 Minor Subdivision #494 located in the Northwest One-Quarter (NW ¼) and the Southwest One-Quarter (SW ¼) of Section 24, Township Two-South (T2S), Range Five-East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Does not meet standards for approval with contingencies Community Development Board Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend the City Commission deny the growth policy amendment application 23063. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. Report: January 24, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 394 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 2 of 25 Project Summary The City received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 23059. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The owners, “…believe that a change in future land use designation; and a possible zoning change, will assist in the creation of a desperately needed commercial node on the south side of Bozeman and create a new vision for the property”. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials are available through the City’s website. No public comment has been received as of the writing of this report. Community Development Board Summary The Community Development Board, acting in their capacity as the Planning Board, held a hearing on January 22, 2024 and considered the application to modify the Future Land Use Map as requested by the applicant. The Planning Board moved to approve the amendment and voted 6:1 to recommend the City Commission do the same. No members of the public commented on the application. 395 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 3 of 25 A video recording of the proceedings can be viewed at the following link. The agenda item starts at time stamp 1:34:00. [External Web Link] Alternatives 1. Do not approve the application findings of non-compliance with the applicable criteria contained within the staff report, 2. Approve the application by adopting the Applicant findings, 3. Approve the application with modifications to the recommended contingencies, or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board Summary........................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - CONTINGENCIES OF APPROVAL .................................................................... 10 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................. 10 SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................. 11 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 22 APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 25 396 Page 4 of 25 SECTION 1 - MAP SERIES Map 1: Location Map 397 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 5 of 25 Map 2: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 398 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 6 of 25 Map 3: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 399 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 7 of 25 Map 4: Current zoning 400 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 8 of 25 Map 5: Current zoning 401 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 9 of 25 Map 6 - Application Exhibit 402 Page 10 of 25 SECTION 2 - CONTINGENCIES OF APPROVAL If the City Commission approves the application, the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Contingencies: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit titled “SRX North Growth Policy Amendment” and PDF file to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the entire area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan 2020. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, Staff recommends denial for the application as submitted, with detailed analysis provided in Section 4 below. The Development Review Committee (DRC) considered the amendment on May 31, 2023, and finds no limitations on approval. This determination means the city’s utility and infrastructure plan anticipated capacities can adequately accommodate any proposed use for either the Urban Neighborhood or Community Commercial Mixed Use future land use designation. The Community Development Board in their capacity as the Planning Board held a public hearing on January 22, 2024, and made a recommendation to the City Commission for the growth policy map amendment. After consideration of all materials and matters they recommended approval of the amendment. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. The City Commission will hold a public hearing on the growth policy map amendment on February 6, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. 403 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 11 of 25 SECTION 4 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, 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. In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. See the application materials for the applicant’s response to criteria and arguments in favor of approval. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1-4 of Chapter 5| Plan Amendments, Review Triggers Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making these findings, they may identify that there are some negative elements within the specific criteria with the final balance being a positive outcome for approval. When an amendment to either the text of the Plan or the future land use map is requested it must be reviewed against the criteria cited herein and listed below: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 3. The proposed amendment must be consistent with the overall intent of the growth policy; and 4. The proposed amendment may must not adversely affect the community as a whole or any significant portion thereof by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, b. Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, c. Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services, or d. Negatively affecting the health and safety of the residents. 404 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 12 of 25 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; Criterion not met. This criterion contains two alternate parts. A favorable finding for either part supports a positive finding. The time horizon for the BCP2020 is 20 years and the future land use map and other elements such as the city’s facility plans extend further into the future. In the words of John Heywood, “Rome wasn’t built in a day, but they were laying bricks every hour.” The plan is the city’s fundamental land-use planning document that helps the Commission determine how and where to apply limited resources in the most impactful and financially sustainable manner. The applicant argues the goals and policies of the BCP2020 have not been achieved and the proposed amendment will solve, in part, the purported fault in the plan. Staff believes this conclusion is premature. Implementation of the plan is in its infancy, much less complete and had time to come to fruition. For example, the primary implementation tool is the Unified Development Code. An update to the code by the city is currently underway and is in a community outreach phase. The BCP2020 lists seven themes that describe the vision of the city with numerous goals and objectives designed to achieve the outcome. There is often tension between some of the goals and objectives and importance of a given goal may change over time. And, perhaps most important, these goals and objectives are dependent on one another. A key responsibility of the City Commission in implementing the BCP2020 is balancing the competing priorities that the plan must address. That balance may be adjusted over time as one issue takes greater importance. The Future Land Use Map (FLUM) for the Planning Area is an indispensable part of this Plan. It utilizes ten land use categories to illustrate and guide the intent, type of use, density, and intensity of future development. The map does not always represent existing uses but does reflect the uses that are desired. The subject area has been designated for urban density residential use since at least the adoption of the 1990 Growth Policy and shows areas for commercial development just north and south of the subject property. As shown on Map 2 and 3, commercial nodes are identified at the corners of South 19th and Stucky and Blackwood Roads totaling 327 acres. The 160-acre Community Commercial Mixed Use property on the southwest corner of Blackwood Road and South 19th Avenue is not annexed. The Commercial Mixed-Use property on the northwest corner of Stucky Road and South 19th is annexed, and development has begun. The Plan addressed the need for additional commercial land on the southwest side of the city. 405 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 13 of 25 The southwest side of the city has been slow to develop compared to other parts of the city, although that is changing. The first substantial development was the Meadow Creek subdivision. The property was annexed in 2006. A substantial sewer upgrade was required for the site to develop. Similarly, there are infrastructure challenges to develop the property south of Blackwood Road and west of South 19th due to water pressure. This issue is identified in the Capital Improvement Plan (CIP) but not scheduled for upgrades. In terms of whether the current proposal better responds to the needs of the general community and/or improves the growth policy, one primary question arises: Would the new designation and associated land uses better respond to the needs of the general community and/or improve the growth policy? The applicant states the proposed modification to the FLUM responds to community needs by altering the designation from Urban Neighborhood to Community Commercial Mixed Use. A variety of zoning districts are used to implement these designations. The descriptions of the existing and requested future land use map designations follow. 1. URBAN NEIGHBORHOOD (UN) The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 5. COMMUNITY COMMERCIAL MIXED USE (CCMU) The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character 406 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 14 of 25 expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The term “neighborhood commercial” is often cited by the applicant as a desirable outcome. Commercial development is generally characterized as neighborhood, community, regional, or corridor commercial development. Neighborhood commercial would be smaller in scale and provides daily convenience goods and services easily accessible to the residents of the immediate area. Neighborhood commercial areas might contain a grocery store, bakery, neighborhood restaurant, drug store, gas station and convenience store, daycare, or some office space. For comparison: 1) COSTCO site 16 acres 2) Target 10 acres 3) Whole Foods 4 acres 4) Safeway 5.5 acres 5) Town & Country east (the old Heebs) 2.1 acres 6) The MSU College Street B-1 (Neighborhood Commercial) area that includes four restaurants, two convenience stores, a grocery store, two coffee shops, and several personal service businesses. 4.25 acres 407 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 15 of 25 Given the size of this site at 17.485 acres, neighborhood-scale commercial development is unlikely. The College Street commercial area may be the best example of a neighborhood commercial area of those listed above. This area is accessible by residents in the vicinity without a car and provides goods and services that most people can reasonably carry a short distance. In addition, a primary determiner of a neighborhood commercial area is: “whether it feel safe and inviting for all modes of travel?” Crossing arterial and/or collector type streets can be difficult for many individuals. Any decision to alter the future land use must be made knowing what zoning districts implement that designation. In this case a wide variety of zoning districts are used to implement the CCMU designation. The existing UR designation focuses on residential use and if zoned REMU allows considerable commercial and office activities but at a smaller more residential orientated scale. The CCMU designation is commercial in character. While residential uses are permitted by right, the mass and scale of development promotes commercial areas necessary for economic health and vibrancy including such activities as professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. As the applicant states the property is located on major streets. 408 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 16 of 25 The city is cognizant of creating long strips of commercial corridors and is reflected in a strategic location of commercial areas in FLUM. The Plan balances numerous goals and objectives that encourage economic sustainability, minimize impacts on the environment, and further other adopted plans such as the Community housing Action Plan, Climate Plan, Parks, Recreation and Active Transportation Plan, and others. Locating commercial property is complex and beyond the scope of this report. However, the city has examined the amount needed and generally considered the most appropriate locations to serve the city needs. These locations are based on anticipated residential development, transportation corridors, existing commercial areas, adopted infrastructure plans and conformance with the community plan. There are appropriate locations for commercial nodes and corridors. The BCP2020 partially addresses this topic in the description of the CCMU stating that, “Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center.” If approved, the proposed amendment would extend the existing commercial area towards planned commercial area further to the south. Rather than creating a corridor by past developments this may create a commercial corridor extending south from Lincoln Street. Population density is necessary to support neighborhood and community commercial areas. As noted in the BCP2020 the city desires simultaneous emergence of residential and commercial activity. Sufficient density of population is needed to make commercial activity viable if not dependent on the vehicle. As noted above, the area is rapidly developing and includes developments such as Nexus Point and Graf Street apartments, among others. The area is experiencing considerable residential development with more in the works. Chapter 1 | Basics, Basic Planning Precepts of the BCP discusses the principals the City used to prepare the policies, goals, objectives, land use designations, and future land use map in this Plan. See page 20. Most of these precepts relate to this and all map amendments. Five of them stand out in relation to this application. These are overarching precepts above any one or several specific goals or actions. ▪ Variety in housing and employment opportunities are essential. ▪ Land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development. ▪ Infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. ▪ The needs of new and existing development coexist, and they should remain in balance; neither should overwhelm the other. 409 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 17 of 25 ▪ The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. The proposed FLUM change both furthers and hinders a variety of Community Plan goals and objectives when analyzed through the lens of responding to the needs of the general community. The applicant lists numerous goals and objectives the application furthers. While a number of these may be furthered by the change, there is limited analysis to support these statements. When considering this application staff leans on the existence of significant commercial areas in the immediate vicinity, relatively low density of housing in the area to support corridor type commercial development, the critical need for a variety of housing, the physical barriers for multi-modal transportation to the site, and the BCP2020 shows suitable commercial nodes in the future land use map. Relevant goals and objectives to this application include the following: Goal N-3: Promote a diverse supply of quality housing units. N-3.6 Include adequate residentially designated areas for anticipated future housing in the future land use map. Discussion: The FLUM designation is Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. According to the Community Housing Needs Assessment, 2019 [External PDF] housing is in short supply and is a focus of the city. Although Bozeman’s commercial zones allow residential use by right, inclusion of residential is not required. Additionally, the commercial zones are not necessarily conducive for creating neighborhoods and a sense of place the BCP2020 desires. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Discussion: The FLUM designation is Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. The 410 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 18 of 25 Urban Neighborhood designation higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. For example: ▪ R-4. The intent of the R-4 residential high-density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. ▪ R-5. The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's resident. ▪ REMU. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The city has prioritized housing construction. The city also encourages vertical mix of uses which furthers other goals and objectives including transportation, economic vitality, climate action, and a sense of community. Permitted zoning classifications that implement the Urban Neighborhood future land use designation allow vertical integration of use at urban densities that build on existing neighborhoods and support planned commercial nodes in the area. Extending the existing commercial nodes to a corridor may undermine the viability of other adjacent commercial areas. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the immediate vicinity designated for commercial development. While some properties are developed and some are not, the plan anticipates the long term needs of the city by creating the framework to accommodate needs as they evolve over time. The city plans for longer than the current use. However, community needs do change, and the market responds. As noted by the applicant, the argument can be made that this area is better suited for commercial development. The discussion above suggests “neighborhood commercial” flourishes in a different context of being more imbedded in residential neighborhoods, does not 411 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 19 of 25 have major impediments for all users to access, and size of development tends to be constrained. As shown in the Maps section, a diverse tapestry of mixed-use, residential, and commercial areas are immediately adjacent to the subject property. Some areas are developed and others are not. According to the Demographic and Real Estate Market Assessment, 2018 [External PDF] (EPS) report and the Bozeman 2023 Economic and Market Update [External PDF], Bozeman has an excess of commercially zoned lands for current needs. According to the BCP2020 FLUM there are two large commercially designated areas within one-half mile of the subject property that include approximately 327 acres of Community Commercial Mixed Use lands. See section two: maps. Underutilized commercially designated areas already exist in immediate vicinity. Conversion of additional lands from UN to CCMU may exacerbate this fact. There are large swaths of undeveloped and underdeveloped residential and commercial areas in the vicinity. The city is focused on generating housing for its residents. To ensure adequate land for residential development, a land swap concept may be appropriate to potentially exchange location of equal areas of different uses. The BCP2020 does not contemplate such a scheme currently. Based on the analysis discussed above, staff is not convinced the application corrects a fundamental flaw. However, based on the record the Commission may come to an alternative conclusion. There is an associated zone map amendment, see application 23059 requesting B-2M zoning for the subject property. If the Commission determines the applicant did not overcome their burden of proof showing the amendment cures a deficiency in the growth policy or improves the growth policy to better respond to the needs of the general community, the zone map amendment is moot. On the other hand, if the Commission finds that this condition is met, the zone map amendment may be considered. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. Criterion met. Staff reviewed the growth policy goals and objective and future land use map. The proposed amendment does not create any identified significant inconsistencies within the growth policy goals or between goals and maps. See discussion for Criterion 1. However, there is concern and an acknowledgment that removing residential land from the inventory and replacing with commercial land 412 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 20 of 25 may, depending on how the city develops, be contrary to some goals and policies of the BCP2020. All future development must demonstrate compliance with all regulatory standards addressing transportation, parks, building design, and all other standards. The standards have been crafted and adopted to implement the goals and objectives of the growth policy. Therefore, compliance with the standards will ensure this criterion is met. Properties to the west and east are designated as residential areas. Properties to the north are designated as mixed-use and commercial while lands directly to the south residential. Bozeman’s zoning districts are dynamic and generally allow a variety of uses both horizontally and vertically which, depending on the building’s configuration can be viewed as a positive or negative depending on one’s perspective. 3. The proposed amendment must be consistent with the overall intent of the growth policy. Neutral. The overall intent of the growth policy is to proactively and creatively address issues of development and change while protecting public health, safety and welfare (page 20). If approved, the proposed amendment to the future land use map will allow the site to be considered for future applications that, if approved, would allow development or further development of the site. The growth policy discusses the primary issue of “Does the City Have to Grow” and the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This discussion illustrates, in part, why this application is both consistent and not consistent with the overall intent of the plan. Specific goals and objectives found in Chapter 2 further this statement. The City supports development within its boundaries where municipal services can be effectively and efficiently provided. The property has been annexed and the Development Review Committee considered the application and did not find infrastructure constraints that cannot be addressed through further development review. The BCP2020 in several themes encourages infill and densification of area already served with utilities. Utilities and transportation are available and being extended into the site. The change, if approved, will facilitate placement of substantial employment near increasing residential development and is adjacent to existing arterial and collector streets. The priorities found in the BCP2020 must be balanced by evolving community needs and market forces. 413 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 21 of 25 4. The proposed amendment will not adversely affect the community as a whole or significant portion thereof by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, Criterion Met. The proposed map amendment is for a modest sized area and does not significantly alter land use patterns from those established by the plan for the city as a whole. The existing land use designation is Urban Neighborhood, and the proposed land use designation is Community Commercial Mixed Use. The former is primarily residential and the latter commercial although both allow a diverse use and allow for intensive development. As shown in the maps section, the property is surrounded by other Urban Residential area, it is not uncommon to have islands of different categories in this scale. Although there is a change in designation, Staff finds the change will not significantly alter the land use pattern contrary to the Bozeman Community Plan. As discussed in Criterion 1, the proposed amendment advances some goals and principles and hinders others, although is not contrary to the growth policy. b) Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, No negative impacts to other lands or the community are anticipated as a result of the proposed growth policy amendment. The site is located within the service boundary for municipal infrastructure and all city services are constructed and directly adjacent to the subject property. Prior to development, additional review is required. Adopted city standards will ensure essential transportation, water, sewer, and communication utilities within the site. The proposed change in future land use designation does not alter the essential layout of municipal services. The property is adjacent to arterial and collector streets. No unusual impacts on infrastructure are expected. c) Adversely impact existing uses because of inadequately mitigated impacts on facilities and services, No adverse impacts have been identified at this time. The DRC considered impacts of both outcomes and found no limitations that cannot be addressed with further 414 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 22 of 25 review. Additional review will occur during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code. This approach enables mitigation to be proportionate to the proposed development as required by law. The applicant provided analysis for the new uses which indicate that municipal services are not materially impacted by the potential change. d) Negatively affecting the health and safety of the residents. The change from Urban Neighborhood to Commercial development will change the character of the site. However, both development types generate traffic, noise, and other impacts inherent in the presence of people. These changes will affect adjacent residents positively and negatively. These changes will occur regardless of the land use designation. What may be different is the scope of the changes. Designation of this site as Community Commercial Mixed Use, if approved, will provide more opportunity for commercial uses on the property while still allowing residential uses. The exact mix and nature will be influenced by the future decision of an implementing zoning district. If the project is designed appropriately, it can remain compatible with surrounding land uses and should not negatively affect the livability of the area or the health and safety of residents. The land use change would allow for additional opportunity for a mixed-use neighborhood with conveniently located commercial uses and employment opportunities to meet the expanding demands of the new neighborhood and growing surrounding neighborhoods in an area that is appropriate and compatible for such uses. The standards for mitigating development impacts contained in Chapter 38 of the municipal code remain in place for either designation. These have been adopted to protect health and safety and also to protect livability of the community. Therefore, staff does not find any negative affects to this criterion. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned low and moderate density residential (R-1 and R-2). There is an associated zone map amendment to change the eastern half of the property to REMU and the subject property of this GPA to B-2M, see application 23059. These zoning districts are consistent with the existing Urban Neighborhood future land use designation. If the Commission approves the GPA then the R-1 and R-2 zoning would not be. 415 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 23 of 25 Adopted Growth Policy Designations: The following designations are applicable to this application. Existing designation: URBAN NEIGHBORHOOD. The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Designation: COMMUNITY COMMERCIAL MIXED USE The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height 416 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 24 of 25 or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Zoning Correlation with Land Use Categories 417 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 25 of 25 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice on site. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on November 20, 2023, November 27, 2023. The Planning Board public hearing is scheduled for Monday, January 22, 2024. No public comment has been received as of the production of this report. The City Commission is scheduled and advertised to conduct a public hearing on the application on Tuesday, February 6, 2024. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s website. 418 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'N0°36'42"W1290.44'588.47'461.56' 590.57'769.66' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by matt e. ekstrom on May/3/2023N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-GROWTH POLICY - SRX North 042423.dwgGROWTH POLICY AMENDMENT BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 05/2023engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUE2023 NE CORNER SOUTH 19th AVENUE & GRAF STREET GROWTH POLICY MAP AMENDMENT GROWTH POLICY AMENDMENT SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 39.86 acres GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 1, B L O C K 1 - 1 5. 0 6 9 A C LOT 2MINORSUB 235ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZEM A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D COMMUNITY COMMERCIAL MIXED USE A Tract of land in the SW1/4 NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the N 1/16th corner of section 24 and being the Point of Beginning; thence N.89°23'18" E. for a distance of 590.57 feet; thence S.0°36'42" E. for a distance of 1290.44 feet; thence S.89°05'06"W. for a distance of 588.47 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 1293.56 feet to the Point of Beginning.SOUTH 15TH AVEREMU ZONING:22.378 acres POINT OF BEGINNING EXITI N G Z O NI N G: R- 1 & R - 2 LOT 3, B L O C K 1 7.644 A C LOT 4, B L O C K 1 10.51 9 A C LOT 2, B L O C K 1.826 A C COMM O N O P E N SPAC E ALLIS O N S U B PHAS E 4 A, L OT 2PLAT J-702ALOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D BOZEM A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ALLISON SUBPHASE 4A, LOT 1PLAT J-702 A B2-M:17.485 acresPROPOSE D G R O WT H P O LI C Y COM M U NIT Y C O M M E R CI AL MIXE D US E GPA BOUNDARY 419 South Range Crossing North Growth Policy Amendment May 2023 420 South Range Crossing North | GPA May 2023 | 2 Table of Contents Narrative I. Project Overview II. Response to Growth Policy Amendment Checklist Appendices Appendix A: Vicinity Map Appendix B: Existing Future Land Use Map Appendix C: Proposed Future Land Use Map Appendix D: Current Zoning Map Appendix E: Future Land Use Map Editable Legal Description Appendix G: Exising Plat 421 South Range Crossing North | GPA May 2023 | 3 Owner & Applicant: Providence Development Company, LLC Attn: Parker Lange 529 East Main Street Bozeman, MT 59715 Ph: 406-595-4560 Email: plange@providencedevco.com Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406-582-8988 Email: tsteinway@intrinsikarchitecture.com Engineering: Morrison – Maierle Attn: Matt Ekstrom 2880 Technology Blvd W Bozeman, MT 59718 Ph: 406-922-6784 Email: mekstrom@m-m.net 422 South Range Crossing North | GPA May 2023 | 4 I. Project Overview The project team is requesting a Growth Policy Amendment for western 17.485 acres of land and a Zone Map Amendment for the whole property (39.86 AC) located at the corner of South 19th Ave. and W Graf St. The subject property (the “Property” or “South Range Crossing North”) currently has a future land use map category of Urban Neighborhood and is zoned a combination of Residential Low Density (R-1) and Residential Moderate Density (R-2). The Growth Policy Amendment (GPA) requests to change the existing Urban Neighborhood designation to Community Commercial Mixed Use for the western 17.485 acres of the property. Concurrently with this application, a Zone Map Amendment has been submitted to change the zoning from R-1 and R-2 to a mix of B-2M and REMU. The overall vision for this property is to assist in the creation of a desperately needed commercial node on the south side of Bozeman. The property is situated at the intersection of two major roadways: South 19th Avenue (Principal Arterial) and Graf Street (Collector). Additionally, this project is centrally located on the south side of Bozeman near a large portion of built and under construction residential projects as well as several schools including Morning Star Elementary, Sacajawea Middle School and Montana State University. This project site is located just east of the South 19th & Graf Apartments, north of South Range Crossing and Alder Creek, and west of the Alison Subdivision. South Range Crossing Blackwood Groves 423 South Range Crossing North | GPA May 2023 | 5 This property was originally annexed and subdivided to be the home to the Yellowstone Theological Institute. The existing R-1 and R-2 zoning, and subdivision layout were (originally) proposed in a way to help promote their goals of creating a theological institute. Significant time has passed since and the R-1 and R-2 zoning aren’t believed to be the highest and best use for this land. This Growth Policy Amendment and Zone Map Amendment demonstrates a new vision for this property, one that aligns with the Bozeman Unified Development Code, Montana Code Annotated and the Bozeman Community Plan. The proposed zoning will allow for a creative neighborhood design that aims to accomplish several goals and themes of the community plan as outlined in our application responses below. II. Response to Growth Policy Amendment Checklist Below are the responses to the GPA criteria that address how the project site relates to and meets the criteria outlined for GPAs. A. Does the proposed amendment cure a deficiency in the growth policy or result in an improved growth policy which better responds to the needs of the general community? How? Yes. In Bozeman’s 2020 Community Plan, it states that a primary goal and strategy guiding growth is to create neighborhoods that “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” Unfortunately, this has not yet been achieved under the 2020 Growth Plan for this southern area of Bozeman. The area south of Kagy lacks any significant commercial services, and certainly lacks anything that would be considered walkable for 424 South Range Crossing North | GPA May 2023 | 6 residents. In addition, existing neighborhoods are largely homogeneous in regard to product type, with single family homes comprising a large portion of the product type in this area. That being said there is a significant portion of multifamily being proposed/built in this area. This has created a wide area of single-family subdivisions that are not dense, and a lifestyle that forces residents to solely rely on motor vehicles to reach amenities and services. Although City staff has recognized this need, this entire property was recently designated as Urban Neighborhood within the City’s 2020 Community Plan. Principles applied within this designation include integrating “urban density homes in a variety of types, shapes, sizes, and intensities.” and a “some neighborhood- serving commerce provide activity centers for community gathering and services.” While this designation is mostly appropriate for this property, amending a portion of the property to the Community Commercial Mixed- Use growth designation will help more Community Plan goals be achieved. Principles applied within this designation include promoting “commercial areas necessary for economic health and vibrancy.” and “located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes.” To support the Community Plan’s goal of simultaneous emergence of commercial nodes and residential development, the addition of the Community Commercial Mixed-Use growth designation would allow this property to provide a larger commercial node that is both supported by future residents on this property and surrounding properties. Each of these principles are captured within the goals of the Community Commercial Mixed-Use and Urban Neighborhood growth designations and REMU and B-2M zoning designations, which allow the Property and these specific zoning designations to cure an existing deficiency in the 2020 Community Plan for this area of Bozeman. The list below identifies a series of goals and policies that apply to this Growth Policy Amendment. N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. 425 South Range Crossing North | GPA May 2023 | 7 The former Yellowstone Theological Institute site is centrally located on the south side which will create a focal point and potential node along the south side of Bozeman. This area has a significant amount of residential both planned/under construction and already built. By quick estimation there are over 6 thousand units built or in the works. According to the EPA Demographic and Real Estate market Assessment of January 2018 a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center due to its proximity to dense multi family housing and single household dwellings. Furthermore, it is situated along a principal Arterial and Collector to provide appropriate separation between commercial and residential while ease of access to site from adjacent neighborhoods and all of South Bozeman. Projects in the area – under construction and under review N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. As documented above, this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. 426 South Range Crossing North | GPA May 2023 | 8 N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial develop. There is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The Yellowstone Theological Institute originally subdivided this site in 2017 but it has largely been undeveloped since then. This Growth Policy and Zone Map Amendment will allow for this vacant site to be developed. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. This site being centralized on the south side in addition to being along two major roadways make it the best location for neighborhood-scale commercial development. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. B. Does the proposed amendment create inconsistencies within the growth policy, either between the goals and the map or between goals? Why not? If inconsistencies are identified, then additional changes must be provided to remove inconsistencies. The current plan governing the subject parcel (the 2020 Community Plan) includes a primarily residential designation for the Property. However, the proposed partial 427 South Range Crossing North | GPA May 2023 | 9 Community Commercial Mixed-Use designation is fully consistent with the current City staff’s recommendations as reflected in the Future Land Use Plan as part of the 2020 Community Plan. Importantly, designating this property as Community Commercial Mixed Use aligns with the broader goals of the 2020 Community Plan. C. Is the proposed amendment consistent with the overall intent of the growth policy? How? Yes; the current growth policy includes the Property and designates it as Urban Neighborhood. The Community Plan describes the development of connected residential neighborhoods with access to goods and services entirely consistent with the proposed Community Commercial Mixed-Use designation. One purpose of the 2020 Community Plan is to be “Continuing Bozeman’s character as a unique place rather than ‘Anywhere, USA’.” This goal will not only be preserved in the updated designation, but this project will enhance the character of this community dramatically by establishing a self-sustaining community drawing on assets of the land it is built on and by emphasizing important open space connections that will create a pedestrian-oriented environment with a rich, active public realm. According to the 2020 Community Plan, significant goals of the City are to promote “personal and environmental health, as well as reducing automobile dependency.” and to “encourage increased development intensity in commercial centers and near major employers.” As this southern area of the City has developed around the University, one of the City’s largest employers, it has forced residents to become solely reliant on motor vehicles to access commercial services. By adopting the Community Commercial Mixed-Use designation and incorporating the Property with REMU and B-2M zoning, a walkable, mixed-use, and diverse environment will emerge. Furthermore, please see the list of specific goals and policy this application looks to achieve. D. Does the proposed amendment adversely affect the community as a whole or significant portion by: I. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of the plan? How does it not? The proposed amendment does not significantly alter the current growth plan expectations or land use patterns. In fact, it supports the expectations carried by the growth plan for increased development intensity near major employers. The Community Commercial Mixed-Use designation for the Property helps to solve a number of goals outlined in the 2020 Community, 428 South Range Crossing North | GPA May 2023 | 10 which were not fully achieved under the prior growth plan. Within the 2020 Community Plan, under its land use goals it states the city supports “policies that maintain and build neighborhoods designed to provide equitable access to amenities and opportunities for all [...]. Mixed neighborhoods can help provide the density of people needed to support nearby commercial activities.” This is exactly what the Community Commercial Mixed-Use designation is attempting to achieve. It seeks to blend with the existing residential neighborhoods while evolving and adapting as the community grows and the community’s desires for walkability and connectivity changes. This vision is expanded upon within the 2020 Community Plan, which states “Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity.” In conjunction with this goal, the 2020 Community Plan goes on to state “Ensure multimodal connectivity within the city.” With Community Commercial Mixed-Use designation and REMU and B-2M zoning, these goals can be achieved by allowing essential commercial uses to be accessible to residents via multiple modes of transport, including walking and biking. The GPA specifically looks to address the need for a commercial mixed-use area. While REMU is an implementing zone in the Urban Neighborhood district the commercial vision of the property cannot be fully achieved with REMU due to the limited total commercial square footage allowed. The offerings aim be neighborhood oriented but also regional in nature which B-2M is needed to achieve those goals. II. Requiring unmitigated larger and more expensive improvements to streets, water, sewer, or other public facilities or services and which, therefore, may impact development of other lands? How does it not? The proposed growth policy amendment will not require larger and more expensive improvements to streets, water, sewer, or other public facilities. The proposed Community Commercial Mixed-Use designation will be adequately served by existing services, and future services as identified in the 2015 Wastewater Facility Plan, 2017 Water Facility Plan, and 2017 Transportation Master Plan. The project will extend City facilities to surrounding properties which will improve the ability of other lands to develop in the future. Furthermore, the street and trail network will be extended on site to help improve the overall connectiveness of this area. III. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services? How does it not? 429 South Range Crossing North | GPA May 2023 | 11 Adequate infrastructure and emergency services exist to serve this property. - Education. The Property is anticipated to be within the following school boundaries: Morning Star Elementary School (approximately 1 mile); Sacajawea Middle School (approximately 1 mile away); and the existing Bozeman High School (approximately 2.5 miles). - Fire. Bozeman Fire Station No. 2 on South 19th Avenue is 2 miles from the property (4-minute drive directly along 19th Avenue). The City of Bozeman owns a 2.28-acre parcel at the southwest corner of the Graf Street and South 19th Avenue intersection. It is understood that this parcel will be developed as a future City of Bozeman Fire Station once conditions warrant. This future fire station would be directly adjacent to the subject property. - Water. There is a 24” waterline located in South 19th Avenue and a 12” line located in Graf Street. - Sanitary Sewer. There is an 18” sewer line located in South 19th Avenue and an 8” sewer line located in Graf Street. This property appears to have 2 existing 8” sewer stubs located on South 19th Avenue. - On-Going Development. The Applicant will be required to demonstrate adequate provision of public services, parkland development, natural resource protection and other required improvements as it continues to develop the Property. IV. Negatively affecting the livability of the area of the health and safety of residents? How does it not? The proposed amendment will improve the livability and the health and safety of residents by creating continuity of transportation, open space and land use connections to south Bozeman, as well as providing area residents with retail, commercial and employment services that will reduce the distance of access to these amenities currently experienced by the surrounding neighborhoods. 430 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the B-2M Portion of the Application MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the B-2M element of the South Range Crossing North Zone Map Amendment subject to contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the western half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed). Accompanying this application is a Growth Policy Amendment (application 23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow B-2M on the subject site. The Growth Policy Amendment 431 must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 23063, the proposal to rezone the western half of the lot from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the western half of the property from R-1 and R-2 to B-2M will occupy approximately 17.5 acres. The subject site is located on the east side of S. 19th Avenue and site above Graf Street to the south. The western portion of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU. West of the parcel is zoned R-4, R-5, and R-O, and east and southeast is zoned R-1 and R-2. The Community Development Board, acting in their capacity as the Zoning Commission held a public hearing on January 22, 2024 and considered the application to modify the City Zoning Map to change the zoning from R-1 and R-2 to B-2M on the western half of the property and REMU on the eastern half of the property. On the same night, this application was accompanied by a Growth Policy Amendment (GPA) application 23063 to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use which is required for the request to change the zoning on the western half to B-2M. The Community Development Board in their capacity as the Zoning Commission voted 6-1 to recommend approval of the requested amendment to the Future Land Use Map to the City Commission. The Community Development Board in their capacity as the Zoning Commission voted 5-2 to recommend approval of the requested B-2M zoning on the western half of the property, and voted 7-0 to recommend approval of the requested REMU zoning on the eastern half of the property. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. As noted in the summary, accompanying this application is a Growth Policy Amendment (GPA) application, 23063. Zoning analysis is based on approval of the GPA application, 23063. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 432 FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: 23059 SRX North ZMA(B-2M) CC SR.pdf Report compiled on: February 22, 2024 433 Page 1 of 28 23059, Staff Report for the South Range Crossing North B-2M ZMA Public Hearing Dates: Community Development Board - January 22, 2024. City Commission - February 6, 2024 at 6:00 pm. Project Description: The South Range Crossing North Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the western half of the property and from R- 1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the eastern half of the property with four parcels totaling 39.86 acres. This report only addresses the B-2M portion of the application. Project Location: The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street, and more thoroughly described as A Tract of Land in the Minor Subdivision 494 in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East (Lots 1-4), P.M.M., City of Bozeman, Gallatin County. Recommendation: Meets standards for approval for B-2M if the amendment to the future land use map (separate application) is approved. Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the B-2M element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the B-2M element of the South Range Crossing North Zone Map Amendment subject to contingencies required to complete the application processing. Report Date: February 22, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 434 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 2 of 28 EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. As noted in the summary below and analysis of zoning criteria, accompanying this application is a Growth Policy Amendment (GPA) application, 23063. Zoning analysis is based on approval of the GPA application 23063. Project Summary The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the western half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed). Accompanying this application is a Growth Policy Amendment (application 23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 23063, the proposal to rezone the western half of the lot from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the western half of the property from R-1 & R-2 to B-2M will occupy approximately 17.5 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western portion of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east and southeast is zoned R-1 (Residential Low Density) and R-2 (Residential Moderate Density). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link. 435 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 3 of 28 Application 23059 [external link] Community Development Board Summary The Community Development Board, acting in their capacity as the Zoning Commission, held a public hearing on January 22, 2024 and considered the application to modify the City Zoning Map to change the zoning from R-1 and R-2 to B-2M on the western half of the property and REMU on the eastern half of the property. On the same night, this application was accompanied by a Growth Policy Amendment application (23063) to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use which is required for the request to change the zoning on the western half to B-2M. The Community Development Board in their capacity as the Zoning Commission voted 6-1 to recommend approval of the requested amendment to the Future Land Use Map to the City Commission. The Community Development Board in their capacity as the Zoning Commission voted 5-2 to recommend approval of the requested B-2M zoning on the western half of the property, and voted 7-0 to recommend approval of the requested REMU zoning on the eastern half of the property. Regarding the vote for the requested B-2M zoning, some board members had concerns about what could be constructed within B-2M in terms of scale and intensity while others felt the area needed a commercial presence to serve the south side. No members of the public commented on the application. A video recording of the meeting on January 22, 2024 is available on the link below. The GPA agenda item starts at time stamp 1:34:00. The ZMA agenda item for the B-2M element of the SRX application starts at time stamp 3:06:50 and the ZMA agenda item for the REMU element of the SRX application starts at time stamp 3:51:35. [External Web Link]. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 436 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 4 of 28 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Community Development Board (Zoning Commission) Summary ................................. 3 Alternatives.................................................................................................................. 3 SECTION 1 - MAP SERIES .............................................................................................. 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .....................................11 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ...........12 Section 76-2-304, MCA (Zoning) Criteria ....................................................................12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................25 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ………..26 APPENDIX B - NOTICING AND PUBLIC COMMENT..................................................27 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ...................27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF …………………28 FISCAL EFFECTS ...........................................................................................................28 ATTACHMENTS ............................................................................................................28 437 Page 5 of 28 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject Property 438 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 6 of 28 Figure 2: Future Land Use Designations (2021 image) Industrial Subject Property Urban Neighborhood Residential Mixed Use Public Institutions Residential Mixed Use Community Commercial Mixed Use 439 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 7 of 28 Figure 3: Current Zoning Map (2021 image) R-O R-3 Subject Property Subject Property R-2 (Jarrett ZMA) REMU REMU 440 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 8 of 28 Figure 4: Applicant Proposed Zoning Map REMU B-2M Subject Property R-2 (Jarrett ZMA) REMU 441 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 9 of 28 Figure 5: Applicant Proposed Future Land Use Map Subject Property Community Commercial Mixed Use Residential Mixed Use 442 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 10 of 28 Figure 6: Map of Planning Projects 443 Page 11 of 28 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That the future land use amendment, application 23063, be approved by the City Commission and the implementing resolution adopted. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU and B-2M shall be identified as the “South Range Crossing (North) Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “South Range Crossing (North)”, acceptable to the Director of Transportation and Engineering, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and the individual zoning districts, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff rec ommends approval as submitted, contingent on approval of application 23063 to amend the future land use map. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure constraints that would impede the approval of the application; however, this request to change zoning to B-2M is in conjunction with a requested amendment to the future land use map of the Bozeman Community Plan 2020, application 23063. A decision on the future land use map amendment must occur prior to a decision on the zoning change. Should the request to change the future land use map be denied, the request for B-2M zoning will be null and void. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on January 22, 2024 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. 444 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 12 of 28 The City Commission will hold a public hearing on the zone map amendment on February 6, 2024. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 445 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 13 of 28 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the City and where there is anticipated development within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood, however, accompanying this application is a Growth Policy Amendment application, 23063 which includes a proposal to change the future land use map on the western half of the subject parcel from Urban Neighborhood to Community Commercial Mixed Use (see Figure 5 under Map Series pg. 9). The findings in this criterion are based on the presumption of a favorable decision on the amendment to the future land use map. If the future land use map is not approved, then the zone map amendment is not in conformance with the growth policy as B- 2M is not an implementing zoning district for the Urban Neighborhood land use category. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercia l areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passerby. These smaller centers support and help give identity to neighborhoods by providing a visible and district focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” 446 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 14 of 28 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the B-2M district is an implementing district of the Community Commercial Mixed Use category. It is not an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy have not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change and growth policy amendment is in accordance with the Growth Policy by stating, “…the GPA’s request for partial re-designation 447 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 15 of 28 to Community Commercial Mixed Use seeks to solve deficiencies in the 2020 Community Plan. These deficiencies and solutions are detailed in the GPA narrative (application 23063). The intent of the B-2M zoning designation is to function as a vibrant mixed -use district that accommodates substantial growth and enhances the character of the City. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the south side neighborhoods. Creating this commercial mixed use node will help reduce these trips, localize them to improve the overall system and allow neighborhoods to have access to services without the need for a car.” The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list but note some goals and objectives are only marginally promoted by the application. These include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. The intent of the B-2M community business district mixed is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The applicant further suggests “the B-2M zoning would allow for a significant increase in the number of units that could take the shape of a variety of product types. B-2M allows for a range of residential housing types primarily based in the multifamily realm.” N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to B- 2M would allow a range of commercial uses and as a secondary use, high density housing. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, 448 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 16 of 28 condominiums/townhomes, and single-household homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated Collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which further improving access to the site. The applicant feels there is ample future and existing residential to support community commercial by stating “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial amount of residential units are in various planning stages, however, new development is spread out in the south side region and it will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The applicant argues “this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. This project site is in the perfect location for creatin g a commercial hub on the south side of Bozeman.” N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. The B-2M district promotes the development of commercial nodes and supports higher intensity residential uses. The applicant further suggests “there is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network.” 449 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 17 of 28 Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-1.5 Identify zone appropriate locations for neighborhood-scale commercial development. The B-2M district supports higher density and mixed use developments at the neighborhood scale. The property highlighted in this application is located adjacent to 19th Avenue and Graf Street, designated a primary arterial and collector street. Both would be considered main corridors. The applicant agrees with this and argues that since 19th Avenue is “a main corridor through town, placing B-2M next to it meets this community plan goal. Additionally, Graf Street is a collector street which is also planned to carry a large percentage of traffic. These two major corridors make the perfect location for placing commercial and high density residential.” M-1.1 Prioritize mixed use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The B-2M district is designed as a mixed use district. Development that is consistent with the B-2M intent and permitted uses encourage development to be built at densities that support multimodal transportation and adjacency of housing, jobs, and services. Staff concurs with a number of these identified goals and objectives. 19th Avenue is a designated Primary Arterial and Graf Street is a designated Collector street that could serve a business district. The intent of the B-2M district is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. Substantial residential development is occurring south of Stucky on the east and west sides of 19th Avenue. Existing commercial within a quarter mile of the subject site is located at the southwest corner of South 19th Avenue and Stucky Road located within the county. A half mile of the subject site is an additional commercial area and a deli located on the south side of Kagy Boulevard and S. 11th Avenue, and a Town and Country grocery store with some other local shops and restaurants north of Kagy on 11th Avenue. About a mile out is additional commercial with restaurants along Kagy Boulevard east of 3rd Avenue. While there are some nearby commercial shops within a half mile of the site, additional commercial may be warranted given the number of new residential units in various stages of development in this south side region. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of 450 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 18 of 28 Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to B-2M is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. C. Promote public health, public safety, and general welfare . Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External Link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to Blackwood Groves development. 451 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 19 of 28 As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Because this application is accompanied by a growth policy amendment application to allow for commercial mixed use on the site, additional information was required by the applicant to determine future water demand, sewer capacity, and traffic demand. Trip generation projections were submitted for the proposed B-2M and REMU sites based on the proposed land use densities. The 2017 Bozeman Transportation Master Plan (TMP) 2017 provides roadway capacities and expected 2040 volumes for roadways throughout the city. Many roadway projects have been completed as part of the CIP program. The proposed change in zoning from R-1 and R-2 to B-2M and REMU is expected to result in a large increase in traffic demand, but it is not anticipated to exceed roadway capacities according to the traffic technical report submitted by an engineer working with the applicant. This report is currently being reviewed by city staff. A water and sewer technical memo was submitted providing the maximum water demand plus fire flow and peak hour water demand associated with the proposed zoning. A peak hour sanitary flow rate associated with the proposed zoning was submitted for evaluation as well. Engineering staff as indicated from a preliminary review of the water and sewer calculations within the reports submitted by the applicant, there appears to be sufficient water and sewer capacity for the proposed zone change. Additional technical information will be included in all analysis when considering development applications. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion met. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of 452 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 20 of 28 parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of B-2M will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation- related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R- 1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. As previously mentioned, The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. 453 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 21 of 28 The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area. Development consistent with City standards will add/improve connectivity of sidewalks to SRX South development and the Blackwood Groves development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. As previously mentioned, accompanying this application is a Growth Policy Amendment (application (23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use on the western half of the lot. The Community Commercial Mixed Use designation correlates with several zoning districts including the B- 2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City and provide for public and quasi-public uses outside of other districts as identified on the future land use map. Based on the proposed land use map designation in the Growth Policy Amendment (application 23063) and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The applicant provides additional support by stating “the proposed GPA to re-designate a portion of the property to Community Commercial Mixed Use would allow for the zoning of B-2M. The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand f or housing suggests the proposed REMU and B-2M zoning districts are appropriate to facilitate higher densities and variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification 454 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 22 of 28 roadways and being centrally located makes this an ideal location for a mixed use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses.” The intent of the B-2M community business district-mixed zone is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Looking out about a mile around the subject site illustrates a great deal of new development and growth in addition to existing development from the last 10 years. A majority of existing residential units are between one half to one mile east and south of the subject site. Approximately 2,000 new units are being proposed north, east and south of the subject site. The Cottages at Bozeman that will construct cottage rental units lies north of the site, and south is the applicant’s other proposal for South Range Crossing where rental and sale units are being proposed. East of the subject site is the recently approved Jarrett Zone Map Amendment for R-2 zoning to include townhouses and single-household homes, and directly west across 19th Avenue are apartment homes in various stages. Discussed in a separate staff report the applicant is proposing REMU (Residential Emphasis Mixed Use) on the eastern side of the subject site where a variety of housing types will be proposed in a subsequent application. Providing additional housing and neighborhood commercial services will help serve a growing student and staff population at Montana State University which lies within a mile of the subject site. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. 455 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 23 of 28 The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Community business district-mixed (B-2M) 1. The intent of the B-2M community business district-mixed is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with the proposed adjacent mixed use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings including large scale commercial as well as some secondary residential uses like townhomes and apartment buildings. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medical offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the B-2M district do expand beyond what is existing, however, this brings an opportunity to allow much needed new uses that could serve this southern region. The site is separated from adjacent properties by public right of way for Graf, S 19th, and Arnold. The applicant owns the property immediately to the east that is proposed to be zoned as REMU and which will be separated from the adjacent ownership by 15th Ave. There is physical separation from all adjacent owners. The Bozeman Community Plan 2020 on pages 76-77 says in part “Nothing in the zoning amendment or site review criteria requires the Commission restrict one owner because an adjacent owner chooses to not use all zoning potential.” The adjacent Alder Creek development is a mix of single and two home dwellings. It is not inconsistent with the character of the district to allow the same latitude to the land subject to the application. 456 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 24 of 28 I. Peculiar suitability for particular uses. Criterion Met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. All uses allowed in the B-2M district must the considered. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed B-2M district could offer uses not that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north and south making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets.” As shown in Figures3 & 4, the property is bounded by REMU to the north and south, R-3, R- 4 and R-O to the west and REMU (if approved) and R-2 to the west. The B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or other right of way or over 450 feet away. The amendment does not modify the existing standards of the B-2M district. The B-2M zone allows both commercial and residential uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the B-2M district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area Neutral. The Future land use map has this site designated as Urban Neighborhood which does not allow B-2M as an implementing zone district. As previously mentioned this analysis is based on the assumption that the GPA application (23063) is approved to change the land use designation for the western half of the lot from Urban Neighborhood to Community Commercial Mixed Use which includes B-2M as an implementing zone district. The location of this site with access to an existing primary arterial and collector street, with existing utilities 457 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 25 of 28 nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of the city. The applicant argues “There is a growing demand for housing in the city, and the while the proposed zoning designation provide for a variety of housing options to meet this need, the GPA will also address the need for the development of a commercial node to support these residential uses. The B-2M district will allow for more focused and significant development to serve both the future residents of this property and the surrounding communities as well. The need for this commercial node is ever present on the south side of Bozeman and this central location will allow visitors to frequent the site from any mode of transportation.” As this analysis is based on the possible approval of the growth policy amendment, if the amendment is not approved this criterion is not met. The future land use map from the growth policy establishes the basic determination of appropriate use of land. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 458 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 26 of 28 APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a parcel consisting of approximately 39.86 acres into two zone districts, from R-1 and R-2 into REMU on the eastern half of the property and B-2M on the western half of the property. This staff report has focused on the western half of the lot with the proposal to rezone the western half of the lot to B-2M (Community Business District-Mixed). This request requires an amendment to the future land use map from Urban Neighborhood to Community Commercial Mixed Use on the western half of the site. Currently the entire lot has a designation of Urban Neighborhood. In order to rezone the western half to B-2M, the land use designation on the western half will need to be changed from Urban Neighborhood to Community Commercial Mixed Use. A Growth Policy Amendment (application 23063) must be approved to prior to approval of the requested zone map amendment. Staff’s analysis is based on the assumption of approval of GPA application (23063). The site is currently undeveloped and there are no structures on the property. The proposal to rezone the western side of the lot from R-1 and R-2 to B-2M will occupy approximately 17. 5 acres. The property is located at the intersection of South 19th Avenue and Graf Street. South 19th Avenue lies to the west of the site and Graf is directly south of the site. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Allison Subdivision, South University District and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. The applicant This property was originally annexed and zoned for a residential development in 2007. That development never proceeded. The site was later subdivided to be the home to the Yellowstone Theological Institute. The existing zone districts (R-1 and R-2) and subdivision layout was proposed to help promote the applicant’s goals of creating theological institute. Today the applicant believes the R-1 and R-2 zoning are not the best use for the land. This proposal seeks to rezone the eastern half to REMU (Residential Emphasis Mixed Use) and the western half to B-2M (Community Business District-Mixed). The proposed zoning allows for more creative neighborhood design that aims to accomplish several goals and themes of the community plan outlined in the Zone Map Amendment Staff Analysis. The B-2M district is classified as a mixed use district. The intent and purpose of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttal presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 459 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 27 of 28 The proposed change from R-1 and R-2 to B-2M in building type, building form, and permitted uses is considerable. Primary differences relate to residential and commercial intensity. Please refer to Appendix C for a link to Sec. 38.310.040 showing authorized uses for commercial, mixed use, and industrial districts (please refer to the B-2M column). APPENDIX B - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing is scheduled for January 22, 2024 and the City Commission public hearing is scheduled for February 6, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (external link) APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation (assuming the GPA application has been approved-#23063): The project site is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan 2020 future land use map – see descriptions below. “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes….Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwelling units per net acre.” 460 23059 Staff Report for the South Range Crossing North B-2M Zone Map Amendment Page 28 of 28 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M, Community business district-mixed whose intent is to: “The intent and purpose of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhance the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” Below is a link to permitted uses with a column designated for B-2M Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Representative: Parker Lange, PO Box 4082, Bozeman, MT 59715 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 23059 (external link) 461 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39,86 Acres. The Property is Located in the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the REMU Portion of the Application MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the eastern half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use). Unlike the proposal to rezone the western half of the property from R-1 and R-2 to B-2M, the REMU proposal is not dependent on another approval to the Growth Policy since REMU is an implementing zone district in Urban Neighborhood which is discussed in further detail in Section 4-Zone map amendment staff analysis and findings. 462 The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 in total area. The proposal to rezone the eastern half of the property from R-1 and R-2 to REMU will occupy approximately 22.3 acres. The subject site is located on the east side of S. 19th Avenue and sites above Graf Street to the south. The western half of the property (B-2M side) fronts on to S. 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU. West of the parcel is zoned R-4, R-5, and R-O, and east is zoned R-1. The Community Development Board acting in their capacity as the Zoning Commission, held a public hearing on January 22, 2024 and considered the application to modify the City Zoning Map to change the zoning from R-1 and R-2 to B-2M on the western half of the property and REMU on the eastern half of the property. On the same night, this application was accompanied by a Growth Policy Amendment (GPA), application 23063 to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use which is required for the request to change the zoning on the western half to B-2M. The Community Development Board in their capacity as the Zoning Commission voted 6-1 to recommend approval of the requested amendment to the Future Land Use Map to the City Commission. The Community Development Board in their capacity as the Zoning Commission voted 5-2 to recommend approval of the requested B-2M zoning on the western half of the property, and voted 7-0 to recommend approval of the requested B-2M zoning on the eastern half of the property. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: 23059 SRX North ZMA(REMU) CC SR.pdf Report compiled on: February 22, 2024 463 Page 1 of 29 23059, Staff Report for the South Range Crossing North REMU ZMA Public Hearing Dates: Community Development Board - January 22, 2024. City Commission - February 6, 2024 at 6:00 pm. Project Description: The South Range Crossing North Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the western half of the property and from R- 1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the eastern half of the property with four parcels totaling 39.86 acres. This report only addresses the REMU portion of the application. Project Location: The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street, and more thoroughly described as A Tract of Land in the Minor Subdivision 494 in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East (Lots 1-4), P.M.M., City of Bozeman, Gallatin County. Recommendation: Meets standards for approval for REMU. Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the REMU element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Report Date: February 22, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 464 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 2 of 29 EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the eastern half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use). Unlike the proposal to rezone the western half of the property from R-1 and R-2 to B-2M, the REMU proposal is not dependent on another approval to the Growth Policy since REMU is an implementing zone district in Urban Neighborhood which is discussed in further detail in Section 4-Zone map amendment staff analysis and findings. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the eastern half of the property from R-1 & R-2 to REMU will occupy approximately 22.3 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western half of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east is zoned R-1 (Residential Low Density). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link. Application 23059 [external link] 465 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 3 of 29 Community Development Board Summary The Community Development Board, acting in their capacity as the Zoning Commission, held a public hearing on January 22, 2024 and considered the application to modify the City Zoning Map to change the zoning from R-1 and R-2 to B-2M on the western half of the property and REMU on the eastern half of the property. On the same night, this application was accompanied by a Growth Policy Amendment application (23063) to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use which is required for the request to change the zoning on the western half to B-2M. The Community Development Board in their capacity as the Zoning Commission voted 6-1 to recommend approval of the requested amendment to the Future Land Use Map to the City Commission. The Community Development Board in their capacity as the Zoning Commission voted 5-2 to recommend approval of the requested B-2M zoning on the western half of the property, and voted 7-0 to recommend approval of the requested REMU zoning on the eastern half of the property. Regarding the vote for the requested B-2M zoning, some board members had concerns about what could be constructed within B-2M in terms of scale and intensity while others felt the area needed a commercial presence to serve the south side. No members of the public commented on the application. A video recording of the meeting on January 22, 2024 is available on the link below. The GPA agenda item starts at time stamp 1:34:00. The ZMA agenda item for the B-2M element of the SRX application starts at time stamp 3:06:50 and the ZMA agenda item for the REMU element of the SRX application starts at time stamp 3:51:35. [External Web Link]. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 466 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Community Development Board (Zoning Commission) Summary ................................. 3 Alternatives.................................................................................................................. 3 SECTION 1 - MAP SERIES .............................................................................................. 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .....................................11 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ...........12 Section 76-2-304, MCA (Zoning) Criteria ....................................................................12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................24 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ………..24 APPENDIX B - NOTICING AND PUBLIC COMMENT..................................................26 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ...................26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF …………………28 FISCAL EFFECTS ...........................................................................................................28 ATTACHMENTS ............................................................................................................29 467 Page 5 of 29 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject Property 468 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 6 of 29 Figure 2: Future Land Use Designations (2021 image) Industrial Subject Property Urban Neighborhood Residential Mixed Use Public Institutions Residential Mixed Use Community Commercial Mixed Use 469 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 7 of 29 Figure 3: Current Zoning Map (2021 image) R-O PLI Subject Property Subject Property R-2 (Jarrett ZMA) REMU 470 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 8 of 29 Figure 4: Applicant Proposed Zoning Map REMU B-2M Subject Property R-2 (Jarrett ZMA) REMU 471 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 9 of 29 Figure 5: Applicant Proposed Future Land Use Map Subject Property Community Commercial Mixed Use Residential Mixed Use Residential Mixed Use 472 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 10 of 29 Figure 6: Map of Planning Projects 473 Page 11 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU and B-2M shall be identified as the “South Range Crossing (North) Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “South Range Crossing (North)”, acceptable to the Director of Transportation and Engineering, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way and the individual zoning districts, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on January 22, 2024 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. The City Commission will hold a public hearing on the zone map amendment on February 6, 2024. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. 474 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 12 of 29 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 475 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 13 of 29 The area of this application is within the annexed area of the City and where there is anticipated development within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the REMU district is an implementing district of the Urban Neighborhood category. 476 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 14 of 29 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflicts with the text of the growth policy have not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant states the proposed zone change is in accordance with the Growth Policy by stating, “The intent of the REMU designation is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the south-side neighborhoods.” Staff concurs with the applicant regarding the intent and purpose of the REMU district to provide a vibrant mixed-use district to allow a variety of housing types and neighborhood services where appropriate. These purposes are accomplished by a variety of objectives that are detailed in Appendix C of this report. The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list. These include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The applicant further states “The intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and intensity of homes. Furthermore, the Community Plan states that large areas of single types of housing are discouraged. The REMU zoning district allows for a variety of housing options at a variety of intensities. REMU zoning would allow for a significant increase in the number of units that 477 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 15 of 29 could take the shape of a variety of product types.” The proposed change replaces an area of primarily low density residential with a broader range of allowed residential and other uses. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations N-1.9 Ensure multimodal connections between adjacent developments. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to REMU would allow a variety of high density housing with a small amount of neighborhood commercial where appropriate. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, condominiums/townhomes, and single family homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated Collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development further improving access to the site. The applicant states “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial amount of residential units are in various planning and construction stages, however, new development is spread out in the south side region that will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. This element of the zoning amendment address REMU which provides for local service type non-residential uses. 478 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 16 of 29 N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The subject site is just over a half mile from Morningstar Elementary and Sacajawea Middle School and approximately ½ to 1 mile from existing commercial and retail services. The applicant argues “Additionally, this site is located at the intersection of two high classification roadways…. the multimodal network in this area is rapidly expanding and will be further expanded by any future development.” Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The applicant argues “The REMU district allows for the construction of a full range of residential buildings. This supports the opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent development review for compliance with both the UDC and the adopted building codes. Furthermore, the surrounding area shows the diverse nature of building products in the area.” N-3.8 Promote the development of “Missing Middle” housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing . The applicant states “The proposed REMU zoning is in alignment with the goals of development for the “missing middle” housing by allowing higher densities and a more diverse array of housing types than what is currently allowed in the R-1 and R-2 zoning districts. Multi-household dwellings, such as apartments, two-and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning district. Allowing these extra housing types will hopefully allow for the creation of smaller units which in theory could help meet this missing middle demand.” Staff concurs with a number of these identified goals and objectives. 19th Avenue is a designated Primary Arterial and Graf Street is a designated Collector street that could serve a high density mixed-use district. The intent of the REMU district is to establish areas within Bozeman that are mixed use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. While this is a newly developing area, there is substantial new and existing development south of Stucky on the east and west side of 19th Avenue. B. Secure safety from fire and other dangers. Criterion met. The undeveloped subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to REMU is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. 479 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 17 of 29 C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to Blackwood Groves development. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 480 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 18 of 29 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion met. The REMU zoning district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of REMU will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation- related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R- 1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles 481 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 19 of 29 along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts on the transportation network, parks, and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. In addition Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which will further improve access to the site. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The surrounding area is growing rapidly with a variety of new housing types. Use of this mixed- use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character. Surrounding zoning includes medium to high density residential, and adjacent REMU districts to the north and south as shown in Section 1. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. 482 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 20 of 29 The applicant provides additional support by stating “The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed REMU zoning district is appropriate to facilitate higher densities and a variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification roadways and being centrally located makes this an ideal location for a mixed-use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses. The UDC defines compatible urban growth to not require uniformity in order to ensure compatibility. Furthermore, the City’s zoning ordinance defines the uses and development standard associated for proposed development under the auspices of each zoning. The proposed REMU district includes a range of uses that are appropriate and compatible with the surrounding neighborhoods.” H. Character of the district. Criterion Met. The intent of the REMU zoning district is to“…establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix C below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood -scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizon tally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; 483 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 21 of 29 b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing typ es. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.” 484 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 22 of 29 The REMU district allows for a wide variety of housing types, similar to the moderate and high density residential districts nearby. The REMU zoning designation is present to the north and south of the property. The REMU district also allows for commercial use as described in Table 38.310.040A and B [External Link]. Retail uses are limited in size (as proportion of the master planned site) and noted in the table, with the exception of hotels which can go up to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed REMU district to be compatible with the proposed adjacent development to the north, east, west and south, and will help serve the expanding residential development within this southern region of the city. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medica l offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the REMU district allow for additional small scale commercial with high density residential that will serve this southern region of the city. The proposed zone map amendment is compatible and in harmony with the surrounding area considering the surrounding zone districts and variety of possible uses. 485 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 23 of 29 I. Peculiar suitability for particular uses. Criterion Met. Sites north, east and south of the subject site are currently in the preliminary planning stages or will be under construction in the near future, so the suitability of the site for particular uses is not easily evaluated. Part of the evaluation is based on submitted proposals and existing uses surrounding the site along with evaluating existing infrastructure to determine needs for future development. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed REMU district could offer uses that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north and south making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets.” As shown in Figures 3 & 4, the property is bounded by REMU to the north and south, R-3, R- 4 and R-O to the west and REMU (if approved) and R-2 to the west. The REMU district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or are over 450 feet away. The amendment does not modify the existing standards of the REMU district. The REMU zone allows primarily residential uses with accessory commercial uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the REMU district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area Criterion Met. The Future land use map has this site designated as Urban Neighborhood which lists REMU as an implementing zone district. The location of this site with access to an existing primary arterial and collector street with existing utilities nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of 486 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 24 of 29 the city. The applicant argues “There is a growing demand for housing in the city, and … the proposed zoning designation will provide for a variety of housing options to meet this need.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a parcel consisting of approximately 39.86 acres into two zone districts, from R-1 and R-2 into REMU on the eastern half of the property and B-2M on the western half of the property. This staff report has focused on the eastern half of the lot with the proposal to rezone the eastern half of the lot to REMU (Residential Emphasis Mixed Use). This request does not require an amendment to the future land use map since REMU is an implementing zone district within Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The proposal to rezone the eastern side of the lot from R-1 and R-2 to REMU will occupy approximately 22.3 487 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 25 of 29 acres. The subject site is located at the intersection of South 19th Avenue and Graf Street. South 19th Avenue lies to the west of the site and Graf is directly south of the site. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Allison Subdivision, South University District and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. This property was originally annexed and zoned for a residential development in 2007. That development never proceeded. The site was later subdivided to be the home of the Yellowstone Theological Institute. The existing zone districts (R-1 and R-2) and subdivision layout was proposed to help promote the applicant’s goals of creating the theological institute. Today the applicant believes the R-1 and R-2 zoning are not the best use for the land. This proposal seeks to rezone the eastern half to REMU (Residential Emphasis Mixed Use) and the western half to B-2M (Community Business District-Mixed). The proposed zoning allows for more creative neighborhood design that aims to accomplish several goals and themes of the community plan outlined in the Zone Map Amendment Staff Analysis. The REMU district is classified as a mixed use district. The intent and purpose of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttal presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from R-1 and R-2 to REMU regarding building form, and permitted uses is substantial. Primary differences relate to residential density and the option of including commercial uses. Please refer to Appendix C for a link to Sec. 38.310.040 showing authorized uses for commercial, mixed use, and industrial districts (please refer to the REMU column). While commercial uses in B-2M and REMU are similar, more residential uses are allowed and required in REMU. REMU is primarily a residential district with the option of including neighborhood commercial. B-2M is primarily a commercial business district with a narrow range of residential uses allowed. Typically, when an applicant requests B-2M over REMU, they are considering a larger commercial component and a much larger structure. B-2M allows for non- residential buildings greater than 25,000 square feet whereas REMU is limited to 24,999 square feet, with the exception of a hotel which can be up to 40,000 square feet. 488 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 26 of 29 APPENDIX B - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing is scheduled for January 22, 2024 and the City Commission public hearing is scheduled for February 6, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (external link) APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The project site is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020 future land use map – see descriptions below. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 489 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 27 of 29 These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood’s sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial centers(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities; a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 490 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 28 of 29 d. Allow an appropriate blend of complementary mixed land uses including but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new development and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed Use.” Below is a link to permitted uses with a column designated for REMU Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Representative: Parker Lange, PO Box 4082, Bozeman, MT 59715 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. 491 23059 Staff Report for the South Range Crossing North REMU Zone Map Amendment Page 29 of 29 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 23059 (external link) 492 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:Tabled Motion Related to Initiation of Outside Investigation into the Conduct of the City Manager MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to request the City Attorney retain an outside investigator to conduct an investigation into the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024 to determine the basis for the City Manager's comments and determine if other similar behavior and conduct has occurred. This investigation grants the authority to the investigator as provided for in Sec. 2.09 of the City Charter. The results of the investigation must be shared with the entire City Commission, if the City Manager does not resign by close of business on February 14, 2024. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:At the special meeting on February 12, 2024, the City Commission voted unanimously to table a motion to direct the initiation of an outside investigation. This item is to pick back up that action. UNRESOLVED ISSUES:TBD ALTERNATIVES:As per the Commission FISCAL EFFECTS:TBD Report compiled on: February 13, 2024 493 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Parks and Recreation Director SUBJECT:Appointments to the Urban Parks and Forestry Board MEETING DATE:March 5, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint up to one member to the Urban Parks and Forestry Board to a term ending December 31, 2025 and one member to a term ending December 31, 2024. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Urban Parks and Forestry (UPF) Board has one positions available due to expiration of term and one position due to resignation. The open terms expire December 31, 2024 and December 31, 2025. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Mitch Overton, and the Commission Liaison, Deputy Mayor Joey Morrison. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: Brandt Berube.pdf Donald Ulrich.pdf Report compiled on: February 29, 2024 494 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Brandt Berube * Residential Address 3801 Laduke Street Bozeman MT 59718 * Primary Phone (763) 227-6702 * Current Occupation Parks and Public Works Manager Big Sky Town Center * Employer Lone Mountain Land Company * Email brandtkberube@gmail.com Which position are you applying for? **SKIPPED** Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am interested in the Urban Parks Board. I graduated in 2020 with a degree in Neuroscience, but I was more passionate of my work in the university's greenhouse. I followed that passion into work managing the grounds of a guest ranch in southern Wyoming, and then eventually moving up here to take my position managing Parks and Public Works in Big Sky. However, as a Bozeman resident, I would like to have an impact on the community that I live and spend my free time in without sacrificing my job. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. The strongest efforts that I make are in my willingness to learn and listen to those with other backgrounds to better grasp where they are coming from. References Page | 1 495 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name John Bowersox * Phone (406) 595-5550 * Email jbowersox@lonemountainland.com * Reference #2 Full Name Erik Morrison * Phone (406) 570-6579 * Email erik@lovestreetmedia.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Social Media post by bozemanparksandrec on Instagram Is there any other information that you feel we need to know? If possible, I would like more information on what this board entails (projects, time commitment, meeting times, etc) before fully submitting my application and contacting references. I am very passionate about parks, trees, and community spaces, and I would love to contribute back to what the the city has provided me as a resident. Thank you for considering my interest. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 496 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Donald Ulrich * Residential Address 2511 Landoe Ave Bozeman MT 59715 * Primary Phone (907) 947-1986 * Current Occupation Environmental Planner * Employer US Forest Service * Email donald.ulrich86@gmail.com Which position are you applying for? **SKIPPED** Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? UPF - 1 term, previous iteration of that board for partial term * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've served on the UPF, and other Parks and Recreation boards in other cities. I have a background in collaborative natural resource planning and management and currently work in the environmental management field. I think citizen involvement in local government is key to good governance and would like to help shape what the UPF board is able to do and what role it plays in governance since it still feels like it is finding its footing. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As a hetero cis white male, I have a lot of privilege and have tried very hard to appreciate where that privilege has given me blind spots to the lived experience of others and to be intentional about giving space to and consideration to voices and perspectives other than my own or ones that just echo my thoughts and feelings. Page | 1 497 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Sarah Rosenberg * Phone (303) 596-2644 * Email s.rosenberg87@gmail.com * Reference #2 Full Name Danielle Ulrich * Phone (203) 623-9144 * Email danielle.e.marias@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I'm on the UPF board Is there any other information that you feel we need to know? This is for the UPF board vacancy, that option is not available in the drop down menu for position If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 498