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HomeMy WebLinkAbout06-10-25 City Commission AgendaA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approval of Regular Meeting Minutes: August 8, 2023 May 6, 2025 (Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 10, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. 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 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize the City Manager to Sign a Contract with Field Turf USA, Incorporated for Construction of Bozeman Sports Park Field 7(Jadin) G.3 Authorize the City Manager to Sign a Notice of Award to 4050 Development, LLC for Construction of the Cypress Utility Renovations Project(Johnson) G.4 Authorize the City Manager to Sign a Professional Services Agreement with Heart of the Valley Animal Shelter for the Purpose of Care and Custody of Impounded Animals Within the City Limits of Bozeman(Knight) G.5 Authorize the City Manager to Sign a Professional Service Agreement with Rocky Mountain Supply Inc. for Bulk Fuel Delivery to Supply Gasoline and Dyed Diesel to Multiple City Sites(Workman) G.6 Authorize the City Manager to Sign a Professional Services Agreement with Samsara to Expand Automatic Vehicle Location (AVL) Services Across City Fleet(Collins) G.7 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for the Bozeman WTP Interim Optimization Improvements Project(Nielsen) G.8 Authorize the City Manager to Sign an Amendment 2 to Professional Services Agreement with Code Studio to Extend Term and Contract Amount(Saunders) G.9 Resolution of Intent to Authorize the Order of the Installation of Sidewalks in Portions of Valley West Subdivision, Phase 3A, 3B, 3C, 3D and in Portions The Lakes at Valley West Subdivision Phase 3, and Schedule a Public Hearing for July 15, 2025(Gamradt) G.10 Resolution of Intent to Create a Special Improvement Lighting District 792 for Bozeman West Apartments(Hodnett) G.11 A Resolution Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2025 General Election(Maas) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentations 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 state whether you are a resident of the city or a property owner within the city 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 I.1 Fire Department 2024 Annual Report (Waldo) J. Action Items J.1 Resolution Adopting the Fiscal Year 2026 Annual Operating Budget (Hodnett) K. FYI / Discussion L. Adjournment None, special presentation only Consider the Motion: I move to adopt the resolution approving the 2026 Annual Operating Budget as presented. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Approval of Regular Meeting Minutes: August 8, 2023 May 6, 2025 MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Minutes RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. 4 Attachments: 08-08-23 City Commission Meeting Minutes.pdf 05-06-25 City Commission Meeting Minutes.pdf Report compiled on: May 28, 2025 5 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 8, 2023 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn Absent: None Excused: I-Ho Pomeroy Staff at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Economic Development Specialist (EDS) Jesse DiTommaso, Deputy City Clerk (DCC) Alex Newby A) 00:19:26 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:20:38 Pledge of Allegiance and a Moment of Silence C) 00:21:27 Changes to the Agenda Mayor Andrus moved Action Item J.2 on the Agenda to be voted on prior to the Work Session. D) 00:21:53 Authorize Absence D.1 Authorize the Absence of Commissioner Pomeroy 00:21:55 Motion to authorize the absence of Commissioner Pomeroy. Terry Cunningham: Motion Christopher Coburn: 2nd 6 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 2 of 9 00:22:00 Vote on the Motion to authorize the absence of Commissioner Pomeroy. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None E) 00:22:13 FYI • Commissioner Madgic responded to a letter the Commission received about Resolution 5518. F) 00:24:40 Commission Disclosures G) 00:24:45 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to sign Grant Agreement 24-G01-1663 between the City and Gallatin County to receive Federal funding for the Bozeman Police Department (BPD) Drug Task Force officers in FY24. BPD Face Sheet.pdf BPD Subrecipient Agreement.pdf G.3 Consideration of the Final Plat for the 2131 Graf Street Minor Subdivision, Application 23080 (Quasi-Judicial) 23080 2131 Graf St FP CC memo.pdf City Attorney Certificate.pdf G.4 Authorize the City Manager to sign a Professional Services Agreement with the firm of Advanced Engineering and Environmental Services, LLC providing engineering services to design mechanical and structural upgrades to the City's municipal water system pressure reducing valves PSA with AE2S for CIP W72 PRV Ph I Upgrades.pdf G.5 Authorize the City Manager to Sign Amendment 1 to Task Order 1 of the Professional Services Master Task Order Agreement with the firm of HDR 7 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 3 of 9 Engineering, Inc. providing engineering services to design and permit the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 Amendment No 1 to Task Order 1 with HDR for CIP WW111.pdf G.6 Authorize the City Manager to Sign a Task Order EDD23-002 with Sanderson Stewart for Quiet Zone Implementation Services at Griffin Drive, North Rouse Avenue, and North Wallace Avenue URD Task Order Form EDD23-002_Quiet Zone Implementation.pdf Bozeman_QZ_Ltr_Agreement_230717-.pdf 2024 Rates G2.pdf G.7 Resolution 5518, Setting the Annual Salary for the Municipal Judges Resolution Establishing Annual Salary for Muni Court Judges.pdf G.8 Ordinance 2142, Final Adoption, Revising Speed Limits on City-controlled Routes Ordinance 2142_Final Adoption Revising Speed Limits on City-controlled Routes.docx Bozeman Speed Study related to Ord 2142.pdf 00:24:50 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:25:19 Public Comment There were no public comments on the Consent Agenda. 00:25:58 Motion to approve Consent Items 1-8 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:26:04 Vote on the Motion to approve Consent Items 1-8 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None 8 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 4 of 9 H) 00:26:16 Public Comment. Mayor Andrus opened Public Comment and limited it to items that are not on our Agenda. 00:29:27 Joel Murdy commented on Autumn Grove Condominium Project. 00:31:54 John Meyer commented on affordable wages for city workers. 00:33:01 Natsuki commented on establishing a Public Housing Authority in Bozeman. 00:35:39 Zeth Stone commented on establishing a Public Housing Authority in Bozeman. J.2 00:38:19 Continue the Public Meeting to Consider the Aaker Phase 1 Major Subdivision Preliminary Plat Application to the August 15, 2023 Commission Meeting (Quasi-Judicial) 00:38:32 Motion to continue the Aaker Phase 1 Major Subdivision Preliminary Plat application to the August 15, 2023 meeting. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:38:46 Vote on the Motion to continue the Aaker Phase 1 Major Subdivision Preliminary Plat application to the August 15, 2023 meeting. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None I) 00:39:10 Work Session I.1 Short-Term Rentals Work Session STR Aug 8 Background Info.pdf STR Focus Group Summary.pdf 9 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 5 of 9 EPS - STR Analysis_08-01-23.pdf 00:40:17 Staff Presentation Associate Planner of Community Development Department Nakeisha Lyon presented the work session on Short Term Rentals. Questions for Commission, Presentation Agenda, History and Timeline, August 9th, 2022 Work Session, Public Outreach, Current Types of Short Term Rentals, Current Zoning Districts, STR Registration (now Permit) Process, STR Permit & Inspection Fees, Terminology, Community Comparisons - Montana, and Community Comparisons - National. Deputy Director of Community Development Erin George presented Short Term Rental Data, Map of STRs in Bozeman, STR Types - Typical Characteristics, Housing Market Overview, Rental Market Overview, Property Values of STRs, Lodging and STRs in Bozeman, STR Growth in Bozeman and Vicinity, Data Conclusions, Policy Options, Prohibit/Limit Type 3, Prohibit/Limit Type 2, Prohibit/Limit Type 1, Ban all STRs, Numerical Cap for City, Numerical Cap per Host, Numerical Cap per Lot, Incentive Program, Examples of Incentive Programs, Incentive Program Calculations, and Questions for Commission. 01:21:51 Questions of Staff 02:09:05 Recess Mayor Andrus Called the Meeting to Recess 02:16:38 Call to Order Mayor Andrus Called the Meeting to Order. 02:19:06 Mayor Andrus Opened Public Comment on Item I. 1. 02:20:06 Kane Zutterburg commented on enforceability of STRs. 02:21:40 Senior Policy Manager for Airbnb Alex April commented on the Bozeman Airbnb market. 02:23:53 Debbie O'Reilly commented on the Bozeman Rental Market Supply. 02:26:02 Taylor commented on property rights. 02:28:08 Denise Carr commented on the difficulties finding lodging in Bozeman. 10 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 6 of 9 02:29:33 Cynthia Stutsman commented on supplemental income in retirement. 02:32:32 Alison Konkel commented on Short Term Rentals and property management. 02:34:46 Blaine Konkel commented on 2131 Ordinance and red line edits. 02:36:52 Christopher Spogess commented on Airbnb Superhosts. 02:38:53 Calissee Moore commented on Short Term Rental income stream. 02:41:00 McCullough Roach commented on advocation for property ownership. 02:42:01 Noreen Burn commented on Bozeman, hub city of Western Montana. 02:43:25 Lilly Dirka commented on the rising cost of living in Bozeman. 02:45:40 Kaitlyn McCorter commented on the difficulty of housing in Bozeman. 02:47:46 Elise commented on the difficulty of finding housing in Bozeman. 02:49:52 Leona Kelsey commented on housing and health. 02:51:59 Marise Steiger commented on rent increases and mismanagement of property. 02:54:09 Chris Hubert commented on working and being homeless in Bozeman. 02:56:17 Bryce Neal commented on working in government and rental difficulties. 02:58:23 Francis Leftcourt commented on the vulnerable in Bozeman. 03:00:17 Morgan Esberg commented on Type 1 rentals. 03:02:23 M Wittcop commented on Graduate Student Housing at Montana State University. 03:04:32 Eric Grosfield commented on being homeless in Bozeman and owning Airbnbs. 11 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 7 of 9 03:06:49 Marie Lynn commented on the impact of rent on family life. 03:08:56 Mike Garrity commented on the lack of University Housing in Bozeman. 03:10:59 Eristia King commented on the difficulty of renting affordable housing as a graduate student. 03:12:53 Housing Director at HRDC Brian Guyer commented on concerns about using the Affordable Housing Fund for a one time incentive. 03:14:22 Chris Howell commented on rent in the Bobcat Lodge in Bozeman. 03:16:13 Josh Macaffrey commented on apartment hunting difficulty in Bozeman. 03:18:20 Demian Dilokich commented on alienation in Bozeman. 03:20:29 Otto Pohl commented on STR stock in Bozeman. 03:22:39 Ted Kotey commented on ownership of Type 3 STR. 03:24:32 Adaline Grosfield commented on Local Vacation Rental Ownership. 03:26:40 Olive commented on the high cost of living in Bozeman. 03:28:01 Nick Hostetler commented on living circumstances in Bozeman. 03:30:06 Bonnie Buhl commented on Investment and Retirement Security. 03:32:10 CJ commented on the various reasons people have STRs. 03:34:18 Guy Santiglia commented on putting the Story Mansion up for rent. 03:36:00 Margo Augberne commented on retirement strategy in Bozeman. 03:38:15 Joel Murdy commented on the challenges of growth and housing in Bozeman. 03:40:20 John Meyer commented on sustainability and affordable housing. 12 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 8 of 9 03:43:09 Emily Talago commented on Grandfathering and MSU Housing. 03:45:23 Leslie Hilliard commented on Granfatherd STRs. 03:48:04 Kathi Dassonville commented on STRs, Tourism and University Housing. 03:50:50 Courtney King commented on locals operating STRs. 03:54:03 Discussion 04:24:57 Meeting Extended Mayor Andrus extended the meeting until 10:20 pm. 04:39:32 Meeting Extended Mayor Andrus extended the meeting until 10:30 pm. J) Action Items J.1 Ordinance 2147 Provisional Adoption of Regulations for Camping on City Right- of-way Regulations for Camping on City Right of Way Ordinance 2147.pdf 2023 City of Bozeman Street Clean Up Project Highlights .pdf 04:47:49 Motion to continue Action Item J.1 to a different meeting to be determined. Christopher Coburn: Motion Jennifer Madgic: 2nd 04:48:06 Vote on the Motion to continue Action Item J.1 to a different meeting to be determined. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None 13 Bozeman City Commission Meeting Minutes, August 8, 2023 Page 9 of 9 K)04:48:20 FYI / Discussion L)04:48:29 Adjournment __________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: June 10, 2025 14 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 6, 2025 Present: Terry Cunningham, Joey Morrison, Douglas Fischer, Emma Bode Absent: None Excused: Jennifer Madgic Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:03:59 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:55 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:06:35 Changes to the Agenda CM Winn noted one change to the agenda, which was to excuse the absence of Commissioner Jennifer Madgic. 00:06:56 Motion to authorize: I am happy to move we excuse the absence of Commissioner Jennifer Madgic. Douglas Fischer: Motion Emma Bode: 2nd 00:07:04 Vote on the Motion to authorize: I am happy to move we excuse the absence of Commissioner Jennifer Madgic. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: 15 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 2 of 13 None D) 00:07:20 FYI • Commissioner Bode received her composting pail and sends her appreciation to the city's Solid Waste Division. • Commissioner Fisher mentioned that the Tour De Franzia recently took place in Bozeman. • Mayor Cunningham shared that President Cruzado was presented the key to the city at her retirement ceremony. • CM Winn shared a couple of incidents that happened downtown recently. E) 00:10:24 Commission Disclosures F) 00:10:33 Approval of Minutes F.1 Approval of Regular Meeting Minutes: 03-25-25 City Commission Meeting Minutes 04-01-25 City Commission Meeting Minutes 04-08-25 City Commission Meeting Minutes 04-15-25 City Commission Meeting Minutes 03-25-25 City Commission Meeting Minutes.docx 04-01-25 City Commission Meeting Minutes.docx 04-08-25 City Commission Meeting Minutes.docx 04-15-25 City Commission Meeting Minutes.docx 00:10:39 Motion to approve: I move to approve the combined City Commission minutes as submitted. Emma Bode: Motion Joey Morrison: 2nd 00:10:45 Vote on the Motion to approve: I move to approve the combined City Commission minutes as submitted. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None 16 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 3 of 13 G) 00:10:59 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize City Commission to Approve Grant Application to the Montana Disaster and Emergency Services for the FFY25 Homeland Security Grant Program for Bozeman Police Department Deployable Surveillance Systems. Bozeman Police Department - Application.pdf G.3 Authorize the City Manager to Sign a Notice of Award to Duneman Construction, Inc. for Construction of the 2025 Oak and Flanders Mill Intersection improvements Project Notice of AWARD - 2025 Oak-Flanders Intersection.docx Bid Tab - 2025 Oak and Flanders Mill Intersection Improvements.pdf G.4 Authorize the City Manager to sign an agreement for the upgrade of the Water Reclamation and Water Sewer Supervisory Control and Data Acquisition, or SCADA system. City of Bozeman - Addendum to IA EULA Addendum - (IA Draft) - 04.09.25.docx Ignition Quote.pdf Q-Mation Quote.pdf G.5 Authorize the City Manager to Sign a Construction Agreement for the 2025 Sidewalk Grinding Project, with Precision Concrete Cutting, Inc., for the Purpose of Removing Trip Hazards from City Sidewalks Notice of Award - Precision Concrete Cutting - 2025 Sidewalk Grinding.docx Copy of Bid Tab - 2025 Sidewalk Grinding.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems, or EPS for Professional Services to Support Population Projections for Update to the Land Use Plan and Task Order 11 under the Term Contract Task Order - EPS population projections.pdf 233073 Population Forecast Scope 04-18-2025.pdf G.7 Authorize the City Manager to a Maintenance Agreement with the Montana Department of Transportation for Bozeman Main Street Lighting Project Main Street Lighting_MDT Maintenance Agreement.docx Exhibit B_Main Street Lighting Plans.pdf G.8 Acknowledging the Receipt of a Petition to Change the Name of Elaine Lane to Fly Fisher Run Petition_Change the Name of Elaine Lane to Fly Fisher Run.pdf G.9 Authorize City Manager to Sign Agreement with Echologics LLC to provide a Hydrant Leak Monitoring System Hydrant_Leak_Monitoring_PSA_SaaS_Final.docx Exhibit A Scope of Services.pdf Exhibit B Cloud Services Questionnaire.pdf Exhibit C Echologics Software as a Service Agreement.pdf G.10 Authorize Interim City Manager to Sign a Professional Services Agreement with Corrpro for Annual Inspection of the Hilltop Tank Cathodic Protection System. PSA with Corrpro 2025 with Exhibit.pdf G.11 Authorize the City Manager to sign a Professional Services Agreement (PSA) with NelsonNygaard for the development of the Gallatin Valley Metropolitan Planning Organization's Long Range Transportation Plan MPO_LRTP_PSA_NelsonNygaard_Final.pdf 17 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 4 of 13 G.12 Authorize the City Manager to Sign a Professional Services Agreement with the Government Finance Officers Association (GFOA) for Enterprise Resource Planning (ERP) Software Replacement Advisory Services PSA General-ERP Advisory GFOA-Final.docx Bozeman_Proposal_2-28-25.pdf G.13 Resolution Authorizing the Use of an Alternative Project Delivery Contract for a Design- Build Firm for Design and Construction Services for the Water Reclamation Facility Solar Photovoltaic, PV Project Commission Resolution Alternative Project Delivery WRF Solar Project.pdf G.14 A Resolution, Authorizing the City Manager to Sign Change Order 1 with Montana Lines Inc. for The 5th & Main Lighting Project, Phase 1. 250422_Resolution_XXX_MT_Lines-May6.pdf Change Order 001.pdf Proposal CO#1.pdf 00:11:11 CM Winn presented the Consent Agenda highlights. 00:12:10 Mayor Cunningham opened Public Comment on Consent There was no Public Comment on the Consent Agenda 00:12:47 Motion to approve: I move to approve Consent Items G.1 - G.14 as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 00:12:54 Vote on the Motion to approve: I move to approve Consent Items G.1 - G.14 as submitted. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None H) 00:13:14 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public Comment. 00:14:17 Jim Webster commented in favor of rezoning the Bon Ton District. 00:17:38 Barbara Conklin commented in opposition to the paving of a parking lot in Story Mill Park near Bridger View neighborhood. 00:19:33 Bruce Comer commented in support of rezoning the Bon Ton district. 18 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 5 of 13 00:23:09 Jonathon Pitka shared David Quammen's public comment in support of rezoning the Bon Ton district. 00:26:05 Rhonda commented in support of Bozeman Right to Counsel. 00:28:26 Ryan commented in favor of Bozeman Right to Counsel. 00:31:30 Tess Gallagher Clancy commented in favor of Bozeman Right to Counsel. 00:34:27 Mia Belting commented in favor of Bozeman Right to Counsel. 00:36:47 Xander Mellow commented in support of Bozeman Right to Counsel. 00:38:31 Jared commented in support of Bozeman Right to Counsel. 00:41:02 Sonny commented about police protection in Bozeman. 00:46:12 Eva Killenberg commented in support of Bozeman Right to Counsel. 00:49:25 Josh MacCaffery commented in support of Bozeman Right to Counsel. 00:52:20 Anthony Smith commented in support of Commissioner Bode and Deputy Mayor Morrison. 00:55:43 John Myer commented in favor of WARD. 00:58:23 Hiram Toll commented in opposition to the parking lot at Story Mill Park. (Check) I) 01:00:34 Special Presentation I.1 Community Development Building Data Dashboard Overview Presentation CM Winn introduced the Special Presentation 01:01:42 Staff Presentation Community Development Director (CDD) Erin George presented the Building Permit Data Dashboard, Explanation of the Dashboard, Video Tutorial, Written Version for how to Navigate the Building Permit Data Dashboard, Explanation of changes to the Community Development Viewer. 01:11:24 Economic Development Manager (EDM) David Fine shared the Community Housing Dashboard, Explanation of the Community Housing Dashboard, Example Projects. J) 01:16:08 Action Items J.1 01:16:15 A Resolution Adopting the 2025 Stormwater Facilities Plan 2025 SW Facilities Plan Resolution.docx 2025_Stormwater_Facilities_Plan.pdf CM Winn introduced Action Item J.1. 19 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 6 of 13 01:16:40 Storm Water Program Manager (SWPM) Adam Oliver Presented 2026 Stormwater Facilities Plan, Stormwater in Bozeman, Stormwater Plans, Implementing the 2008 Plan: The Early Years, Implementing the 2008 Plan: 2015 - Present, 2025 Plan: Community Engagement, 2025 Stormwater Facilities Plan, Capital Improvements & Planning, Regulatory Water Quality Compliance, Post- Construction Facilities Deferred Maintenance, Section 12.0: Priority Based Action Plan, Sustainability Board Input, Community Input. 01:32:20 Questions of Staff Public Comment 02:16:57 Kathryn Berry from the Gallatin Watershed Council commented on the Stormwater Facilities Plan. 02:19:28 Mark Campagnelli commented on water conditions in Bozeman Creek. 02:21:14 Lily McLane of the Gallatin Watershed Council commented on the Stormwater Facilities Plan. 02:25:11 Motion to adopt: Having considered the draft 2025 Stormwater Facilities Plan, all public comment, and information received, I move to adopt the Resolution. Douglas Fischer: Motion Emma Bode: 2nd 02:25:45 Discussion 02:43:25 Motion to approve as amended: I would move we amend section 3.0 to add a goal level introductory paragraph to page two. Douglas Fischer: Motion Emma Bode: 2nd Discussion of Amendment 02:46:14 Vote on the Motion to approve as amended: I would move we amend section 3.0 to add a goal level introductory paragraph to page two. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None 20 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 7 of 13 02:46:34 Vote on the Motion to adopt: Having considered the draft 2025 Stormwater Facilities Plan, all public comment, and information received, I move to adopt the Resolution. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None 02:46:47 Mayor Cunningham called the meeting into recess. 02:53:10 Mayor Cunningham called the meeting back to order. J.2 02:53:19 Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY2026 BID Work Plan and Budget.pdf FY2025 BID Annual Report.pdf CM Winn presented Action Item J.2 02:53:39 Staff Presentation Economic Development Director (EDD) Emily Cope of the Downtown Bozeman Partnership presented the Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report Downtown BID History, Downtown BID Assessment, Programs. 02:57:49 Questions of Staff 02:59:19 Public Comment There was no public comment 02:59:42 Motion to approve: I move to approve the Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget. Emma Bode: Motion Joey Morrison: 2nd 02:59:54 Discussion 03:00:23 Vote on the Motion to approve: I move to approve the Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode 21 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 8 of 13 Disapprove: None J.3 03:00:53 Present the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget and Fiscal Year 2025 Annual Report. FY2025 URD Annual Report.pdf DURD FY25-26 Workplan_Budget-FINAL.pdf 03:01:10 Staff Presentation Executive Director (ED) of the Downtown Bozeman Partnership Ellie Staley presented Fiscal Year 2026 Work Plan and Budget for the Downtown Urban Renewal District, Downtown URD Mission, Funding, Revenue and Spending, DURD Management and Operational Support, Notable DURD Infrastructure Projects, Notable DURD Planning Projects, Current Grant Programs. 03:07:20 Questions of Staff 03:20:48 Public Comment There was no public comment 03:21:05 Motion to approve: I move to approve the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget. Joey Morrison: Motion Douglas Fischer: 2nd 03:21:17 Discussion 03:21:25 Vote on the Motion to approve: I move to approve the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None J.4 Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY26 Midtown Work Plan & Budget_ Commission.pdf 03:21:40 CM Winn presented Action Item J.4 - J.8 03:21:58 Staff Presentation Economic Development Program Manager (EDPM) David Fine presented the Midtown URD 2026 Workplan and Budget, and Fiscal Year 2025 Annual Report, Midtown Workplan FY 2026. 22 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 9 of 13 03:29:40 Questions of Staff 03:41:06 Public Comment 03:41:19 Emily Talago commented on doing a survey in the neighborhood. 03:44:49 Motion to approve: I move to approve the Midtown Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation of $5,549.600.00. Douglas Fischer: Motion Emma Bode: 2nd 03:45:06 Discussion 03:51:42 Vote on the Motion to approve: I move to approve the Midtown Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation of $5,549.600.00. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None 03:51:55 Mayor Cunningham extended the meeting to 10:15 J.5 Northeast Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY26 NURB Work Plan & Budget_Commission.pdf 03:52:02 Staff Presentation Economic Development Program Manager (EDPM) David Fine Presented Northeast Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report, Northeast Workplan FY 2026. 03:54:55 Questions of Staff 03:56:06 Public Comment There was no public comment 03:56:22 Motion to approve: I move to approve the Northeast Urban Renewal District Work Plan and Budget Fiscal Year 2026, with total appropriation of $1,215,100.00. Emma Bode: Motion Joey Morrison: 2nd 23 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 10 of 13 03:56:35 Discussion 03:58:40 Vote on the Motion to approve: I move to approve the Northeast Urban Renewal District Work Plan and Budget Fiscal Year 2026, with total appropriation of $1,215,100.00 The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None J.6 03:58:55 Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY26 Pole Yard Work Plan & Budget_Commission.pdf 03:58:58 Staff Presentation Economic Development Program Manager (EDPM) Presented Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report. 03:59:23 Questions of Staff 04:01:01 Public Comment 04:01:09 Emily Talago commented on the justification for Urban Renewal Districts. 04:03:26 Motion to approve: I move to approve the Pole Yard Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation of $887,200.00. Joey Morrison: Motion Douglas Fischer: 2nd 04:03:43 Discussion 04:04:29 Vote on the Motion to approve: I move to approve the Pole Yard Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation of $887,200.00. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None 24 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 11 of 13 J.7 North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY26 NP URD Work Plan & Budget_Commission.pdf 04:04:45 Staff Presentation Economic Development Program Manager (EDPM) David Fine Presented North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report 04:06:23 Questions of Staff 04:06:45 Public Comment There was no public comment. 04:06:57 Motion to approve: I move to approve the North Park Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation authorization of $109,500.00. Douglas Fischer: Motion Emma Bode: 2nd 04:07:11 Discussion 04:07:15 Vote on the Motion to approve: I move to approve the North Park Urban Renewal District Work Plan and Budget for Fiscal Year 2026 with a total appropriation authorization of $109,500.00. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None J.8 South Bozeman Technology District (MSU Innovation Campus) Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report FY26 SBTD Work Plan & Budget_Commission.pdf 04:07:36 Staff Presentation Economic Development Program Manager (EDPM) David Fine Presented South Bozeman Technology District (MSU Innovation Campus) Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report 04:09:10 Questions of Staff 04:09:22 Public Comment There was no public comment 25 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 12 of 13 04:09:32 Motion to approve: I move the approve the South Bozeman Technology District Work Plan and Budget for Fiscal Year 2026 with total appropriation authorization of $101,100.00. Emma Bode: Motion Joey Morrison: 2nd 04:09:50 Discussion 04:13:07 Vote on the Motion to approve: I move the approve the South Bozeman Technology District Work Plan and Budget for Fiscal Year 2026 with total appropriation authorization of $101,100.00. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: None K) 04:13:18 FYI / Discussion • Commissioner Fischer asked if the Commission could keep Barbara Conklin of Bridger View Subdivision and neighbors informed on Story Mill Park development. • Mayor Cunningham shared that, related to public comment, Commissioner Bode was at the first portion of Coffee with the Commissioners at the Teahouse, Commissioner Madgic was at the second portion. Mayor Cunningham has never denied or suggested that the city withhold information from anyone. • CM Winn informed the Commission that he heard loud and clear that the Commission wants further conversation about the Urban Renewal Boards. • Commissioner Bode noted that the Community Development Viewer is only viewable on the GIS page and not available on the Community Development page of our website. What would it take to get a link in both places? L) 04:15:37 Adjournment ___________________________________ Terry Cunningham Mayor 26 Bozeman City Commission Meeting Minutes, May 6, 2025 Page 13 of 13 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: June 10, 2025 27 Memorandum REPORT TO:City Commission FROM:Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:June 10, 2025 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 June 11, 2025. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 28 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Contract with Field Turf USA, Incorporated for Construction of Bozeman Sports Park Field 7 MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Contract with Field Turf USA, Incorporated for Construction of Bozeman Sports Park Field 7 STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Field Turf USA, Incorporated has performed construction at the Bozeman Sports Park in Phase 1 including site preparation and installation of a synthetic turf product for recreational use. To maintain consistency of maintenance and management of the park, Field Turf is now being hired through the General Administration (GSA) procurement system by the City to construct the next field of Phase 1 - Field 7. Funding for this project includes private philanthropy managed by the Bozeman Sports Park Foundation and City of Bozeman Parks and Trail District funds. Construction coordination for Field 7 as it relates to the existing park and an additional phase beginning construction this year (Field 13 and Oak Parking Lot) is being managed by Stahly Engineering. The Field Turf Scope of Work Proposal separates mass grading out as an Add Alt because the City and Sports Park Foundation continue to discuss that portion of the work as a donated item from qualified contractors. Field 13 items listed in the proposal as Add Alts will likely be handled as a separate contract, but may be done as a change order if appropriate. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Funding is authorized in the Parks and Trails District Fund in Fiscal Year 2025. Attachments: 29 Bozeman Sports Park Field 7 - Field Turf Contract Bozeman_Sports_Park_Field_7-General_Conditions Bozeman Sports Park Field 7 - SOW Attachment Bozeman_Sports_Park_Field_7-Rendering Report compiled on: May 29, 2025 30 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 1 CONTRACT BETWEEN CITY AND CONTRACTOR FOR Bozeman Sports Park Field 7 This CONTRACT is made as of: BETWEEN: FieldTurf USA, Inc. 175 N Industrial Blvd NE Calhoun, GA 30701 Hereinafter identified as the “CONTRACTOR” and: City of Bozeman P.O. Box 1230 121 N. Rouse Ave Bozeman, Montana 59771 hereinafter identified as the “OWNER”. WITNESSETH that the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE 1 – SCOPE OF WORK The Contractor shall perform all Work as shown in the Scope of Services and Contract Documents, as defined in Article 5. ARTICLE 2- EFFECTIVE DATE, EXPIRATION DATE AND EXTENSION This Contract is effective upon the date of the final signature below. This Contract expires October 15, 2025, unless it is cancelled sooner pursuant to terms outlined in the Contract Documents. ARTICLE 3 – CONTRACT SUM 31 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 2 The Owner shall pay the Contractor for performance of the Work, Subject to additions and/or deductions by Change Order or damages as provided in the Contract Documents, the contract Sum of: $1,729,458.00_________________________________ ARTICLE 4– DESIGNATED REPRESENTATIVES Owner’s Designated Representative: Addi Jadin, Parks Planner and Development Manager P.O. Box 1230 415 N. Bozeman Ave Bozeman, MT 59715 406-582-2908 ajadin@bozeman.net Contractor’s Designated Representative: Darren Gill, Executive Vice President FieldTurf USA, Inc. 7445 Cote-de-Liesse, Suite 200 Montreal, QC H4T 1G2 DGill@fieldturf.com ARTICLE 5 – CONTRACT DOCUMENTS The Contract Documents consist of this Contract between Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Scope of Services dated June 02, 2025, Addenda issued prior to execution of the Contract, other documents listed in the Contract and Modifications issued after execution of the Contract. ARTICLE 6- CONTRACTOR’S WARRANTIES Contractor will provide the Equipment, Products or Services as stated in the Scope of Services, hereby incorporated into this contract. All Equipment and Products provided under this Contract must be new and the current model. Contractor Warrants all Equipment, Products and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. Contractor warrants that all Equipment, Products and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. 32 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 3 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, the Work site, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 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. Contractor has made or caused to be made examinations, and investigations as it 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. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. ARTICLE 7- INSPECTION AND TESTING Owner, and its agents, have the right to inspect and test any and all Work performed by Contractor. Contractor shall allow Owner and its agents access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the Owner and its agents is for the sole benefit of the Owner and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Contract terms and conditions and all applicable laws and building and safety codes. Owner’s inspection and testing shall not be deemed or considered acceptance by the Owner of any portion of the Work. Owner’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Contract. Contractor shall, without charge, replace any material or correct any Work found by the Owner or its agents to be defective or otherwise not in compliance with the terms and conditions of this Contract. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the Owner to do so, the Owner may take such corrective action, either with its own materials and employees or by retaining any third 33 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 4 party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. For the purposes of this Article 7, Owner’s agents may include Engineers or GC/CMs contracted by Owner to work on this project. ARTICLE 8- LOCATING UNDERGROUND FACILITIES Contractor is responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor must make every effort to avoid damage to underground facilities and is solely responsible for any damage that may occur. If Owner’s personnel assume responsibility for locating any underground facilities, this fact will be noted in writing prior to commencement of such location work. ARTICLE 9- PERMITS Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain a City of Bozeman business license, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Work. To the extent additional permits are needed, the City will obtain those permits. ARTICLE 10 – PREVAILING WAGE SCHEDULE The Contractor and all subcontractors at any tier or level must, as a minimum, pay the standard prevailing rate of wages schedule (including per diem, fringe benefits for health, welfare, and pension contributions and travel allowance) in effect and as applicable to the district in which the Work is being performed. ARTICLE 11- INTOXICANTS Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Work. Contractor acknowledges it is aware of and will 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. Owner must have the right to request proof of such compliance and Contractor is obligated to furnish such proof. The Contractor is responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor must provide 34 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 5 continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. ARTICLE 12- LABOR RELATIONS In the event that, during the term of this Contract and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from Owner, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor takes to resume work on the Work will be left to the discretion of Contractor; provided, however, that Contractor bears all costs of any related legal action. Contractor must provide immediate relief to the Owner so as to permit the work on the Work to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to Owner. Contractor shall indemnify, defend, and hold the Owner 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. ARTICLE 13- SUBCONTRACTORS Contractor may employ subcontractors for any part of the Work. Contractor must provide Owner with a list of all subcontractors employed. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Work. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the Owner in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Work before being used for any other purpose. Contractor will make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the Owner. In the event of a dispute regarding any subcontractor’s invoice, Contractor must promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, Owner may elect to withhold any payment otherwise due to Contractor and 35 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 6 upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. ARTICLE 14- INDEBTEDNESS AND LIENS Before Owner may make any final payment to Contractor, Contractor must furnish Owner with satisfactory proof that there are no outstanding debts or liens in connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then Owner may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor must immediately notify the Owner and shall cause the same to be discharged of record within thirty (30) days after its filing. ARTICLE 15- PERFORMANCE AND PAYMENT BONDS The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred Percent (100%) of the Contract amount. ARTICLE 16- INDEMNIFICATION AND INSURANCE Contractor agrees to release, defend, indemnify, and hold harmless the Owner, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the Owner) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the Owner 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. 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 Owner 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 Owner. 36 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 7 Should the Owner be required to bring an action against the Contractor to assert its right to defense or indemnification under this Contract or under the Contractor’s applicable insurance policies required below the Owner 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 Owner for a claim(s) or any portion(s) thereof. In the event of an action filed against Owner resulting from the Owner’s performance under this Contract, the Owner may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the Owner, 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 Contract except “responsibility for [Owner’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 Contract 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 Owner without limit and without regard to the cause therefore and which is acceptable to the Owner and Contractor shall furnish to the Owner an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: • Workers’ Compensation – not less than statutory limits; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $10,000,000 per occurrence; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Installation Floater/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the Owner in an amount equal to greater of Contractor’s compensation or full replacement value of the work 37 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 8 (covering at a minimum all work, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the Owner and Contractor to the extent that damage to the Work or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the Owner (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the Owner’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Contract for the Owner; and (ii) the Owner’s and Owner’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Contract) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to Owner and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify Owner within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The Owner must approve all insurance coverage and endorsements prior to the Contractor commencing work. ARTICLE 17- LIMITATION OF DAMAGES, TIME FOR ASSERTING CLAIM In the event of a claim for damages by the Parties under this Contract, the Parties’ damages shall be limited to contract damages and Contractor and Owner hereby expressly waive 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. 38 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 9 In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide Owner with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. ARTICLE 18 – GOVERNING LAW In the event of any mediation or litigation concerning any matter or dispute arising out of or related to the Contract, venue shall be the Eighteenth Judicial District in and Gallatin County, Montana. The Contract shall be interpreted and subject to the laws of the State of Montana. 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 Contracts. Upon mutual Contract of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with this provision. ARTICLE 19- OWNERSHIP OF DOCUMENTS All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Contract or work on the Work, shall be promptly furnished to the Owner (“Owner Documents and Information”). All Owner Documents and Information shall be the exclusive property of the Owner and shall be deemed to be works- for-hire. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Contract. ARTICLE 20- 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 Contract 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. 39 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 10 ARTICLE 21- SURVIVAL Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Contract for the maximum period allowed under applicable law. ARTICLE 22- HEADINGS The headings used in this Contract are for convenience only and are not be construed as a part of the Contract or as a limitation on the scope of the particular paragraphs to which they refer. ARTICLE 23- WAIVER A waiver by Owner of any default or breach by Contractor of any covenants, terms, or conditions of this Contract does not limit Owner’s right to enforce such covenants, terms, or conditions or to pursue Owner’s rights in the event of any subsequent default or breach. ARTICLE 24- SEVERABILITY If any portion of this Contract is held to be void or unenforceable, the balance thereof shall continue in effect. ARTICLE 25- BINDING EFFECT This Contract is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. ARTICLE 26- AMENDMENTS This Contract may not be modified, amended, or changed in any respect except as outlined in the General Conditions, or other Contract Documents. ARTICLE 27- NO THIRD- PARTY BENEFICIARY This Contract is for the exclusive benefit of the parties, does not constitute a third-party beneficiary Contract, and may not be relied upon or enforced by a third party. ARTICLE 28- COUNTERPARTS This Contract may be executed in counterparts, which together constitute one instrument. ARTICLE 29- ASSIGNMENT Contractor may not assign this Contract in whole or in part without the prior written consent of the Owner. No assignment will relieve Contractor of its responsibility for the performance of the Contract and the completion of the Work. Contractor may not assign to any third party 40 Bozeman Sports Park Field 7- Contract between the City of Bozeman and Field Turf, USA Inc. 11 other than Contractor’s subcontractors on the Work, the right to receive monies due from Owner without the prior written consent of Owner. ARTICLE 30- AUTHORITY Each party represents that it has full power and authority to enter into and perform this Contract and the person signing this Contract on behalf of each party has been properly authorized and empowered to sign this Contract. ARTICLE 31- INDEPENDENT CONTRACTOR The parties agree and acknowledge that in the performance of this Contract and the completion of the Work, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the Owner. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the Owner. ARTICLE 32- INTEGRATION This Contract and all Contract Documents constitute the entire Contract of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Contract. All communications, either verbal or written, made prior to the date of this Contract are hereby abrogated and withdrawn unless specifically made a part of this Contract by reference. ARTICLE 33- CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Contract electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF CONTRACT EXCEPT FOR SIGNATURES **** EXECUTION OF THIS CONTRACT This Contract is entered into as of the day and year first written above: CONTRACTOR: OWNER: FieldTurf USA, Inc. CITY OF BOZEMAN By: ________________________________ By:_____________________________ Darren Gill, Executive Vice President Chuck Winn, City Manager Date: Date: 41 Page 1 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Bozeman Sports Park Field 07 1. ARTICLE 1 – GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1. CONTRACT DOCUMENTS. The Contract Documents consist of the Contract between Owner and Contractor (hereinafter the “Contract”), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Contract and Modifications issued after execution of the Contract. A Modification is: (a) a written amendment to the Contract signed by both parties; (b) a Change Order; or (c) a Construction Change Directive. In the event of a conflict, discrepancy, contradiction, or inconsistency within the Contract Documents and for the resolution of same, the following order of hierarchy and control shall apply and prevail: 1)Contract; 2) Addenda including Scope of Services; 3) Supplementary General Conditions, if any; 4) General Conditions of the Contract for Construction; 5) Specifications; 6) Drawings 1.1.1.1. If a conflict, discrepancy, contradiction, or inconsistency occurs within or between the Specifications and the Drawings, resolution shall be controlled by the following: 1.1.1.1.1. As between figures, dimensions, or numbers given on drawings and any scaled measurements, the figures, dimensions, or numbers shall govern; 1.1.1.1.2. As between large scale drawings and small scale drawings, the larger scale drawings shall govern; 1.1.1.1.3. As between the technical specifications and drawings; the technical specifications shall govern. 1.1.1.1.4. Shop Drawings and Submittals: Shop drawings and other submittals from the Contractor, subcontractors, or suppliers do not constitute a part of the Contract Documents. 1.1.1.2. The Contractor acknowledges, understands and agrees that the Contract Documents cannot be changed except as provided herein by the terms of the Contract. No act(s), action(s), omission(s), or course of dealing(s) by the Owner with the Contractor shall alter the requirements of the Contract Documents and that alteration can be accomplished only through a written Modification process defined herein. 1.1.2. THE DRAWINGS. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, intent, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.3. THE SPECIFICATIONS. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.4. THE CONTRACT. The entire Contract for Construction is formed by the Contract Documents. The Contract represents the entire, complete, and integrated agreement between the Owner and Contract hereto and supersedes prior negotiations, representations or agreements, either written or oral. 42 Page 2 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between: (a) the Owner and any Subcontractor, Sub-subcontractor, or Supplier; or (b) between any persons or entities other than the Owner and Contractor. 1.1.5. THE WORK. The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to completely fulfill the Contract and the Contractor's obligations. The Work may constitute the whole or a part of the Project. Specifically, for this Project, the Work includes the purchase and installation of an artificial turf field. 1.1.6. THE PROJECT. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by separate contractors. 1.1.7. NOTICE TO PROCEED. The term Notice to Proceed means formal written notice to begin performing specific services or acts including Construction Phase services or any other enumerated service or act set forth in the Contract. The Contract Time will commence to run on the day indicated in the Notice to Proceed. 1.1.8. SITE. The term Site refers to that portion of the property on which the Work is to be performed or which has been otherwise set aside for use by the Contractor. 1.1.9. PUNCH LIST. The term Punch List means, collectively, unfinished items of the construction of the Project, which unfinished items of construction are minor or insubstantial details of construction, mechanical adjustment or decoration remaining to be performed, the non-completion of which would not materially affect the use of the Project, and which are capable of being completed within thirty (30) days of Substantial Completion, subject to the availability of special order parts and materials. By mutual agreement of the Parties, the Punch List may also include other unfinished items that are not capable of being completed within thirty (30) days of Substantial Completion due to environmental conditions beyond the reasonable control of Contractor. 1.2. CORRELATION, INTER-RELATIONSHIP, AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items and all effort necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and inter-related, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. It is the Contractor’s responsibility to control the Work under the Contract. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3. CAPITALIZATION 1.3.1. Terms capitalized in these General Conditions include those which are: (a) specifically defined; and, (b) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document. 43 Page 3 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 1.4. INTERPRETATION 1.4.1. In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5. EXECUTION OF THE CONTRACT AND CONTRACT DOCUMENTS 1.5.1. The Contract shall be signed by the Owner and Contractor. Execution of the Contract by the Contractor constitutes the complete and irrevocable binding of the Contractor and his Surety to the Owner for complete performance of the Work and fulfillment of all obligations. By execution of the Contract, the Contractor acknowledges that it has reviewed and familiarized itself with all aspects of the Contract Documents and agrees to be bound by the terms and conditions contained therein. 1.5.2. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. 1.5.3. The Contractor acknowledges that it has taken all reasonable actions necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, gas, electric power, phone service, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation, topography, and conditions of the ground; and, (5) the character of equipment and facilities needed for performance of the Work. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including any exploratory geotechnical work, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for properly ascertaining and estimating the difficulty and cost of successfully performing the Work or for proceeding to successfully perform the Work without additional expense to the Owner. 1.5.4. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Owner, nor does the Owner assume responsibility for any understanding reached or representation made by any of its officers, agents, or employees concerning conditions which can affect the Work unless that understanding or representation is expressly stated in the Contract Documents. 1.5.4.1. Performance of any portion of the Work, beyond that required for complying with the specifications and all other requirements of the Contract, shall be deemed to be for the convenience of the Contractor and shall be at the Contractor's sole expense. 1.5.4.2. There shall be no increase in the contract price or time allowed for performance which is for the convenience of the Contractor. 2. ARTICLE 2 – THE OWNER 2.1. THE CITY OF BOZEMAN 2.1.1. The Owner is the City of Bozeman and is the sole entity to be identified as Owner in the Contract and as referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to 44 Page 4 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 all matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner or the Owner’s authorized representative. 2.1.2. The observations and participations of the Owner or its authorized representative do not alleviate any responsibility on the part of the Contractor. The Owner reserves the right to observe the work and make comment. Any action or lack of action by the Owner shall not be construed as approval of the Contractor's performance. 2.1.3. The Owner reserves the right to require the Contractor, all sub-contractors and material suppliers to provide lien releases at any time. The Owner reserves the right to withhold progress payments until such lien releases are received for all work for which prior progress payments have been made. Upon the Owner’s demand for lien releases (either verbally or written), the Contractor, all sub-contractors and material suppliers shall provide such releases with every subsequent application for payment through Final Acceptance of the Project. 2.1.4. Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.1.5. Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner’s control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.1.6. Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Specifications as are reasonably necessary for execution of the Work. 2.1.7. Whenever the Contractor is required under the Contract to indemnify the Owner, “Owner” shall mean the City of Bozeman and the City of Bozeman’s officers, elected officials, employees, and agents. 2.1.8. Owner has entered into separate agreements for engineering services and general contracting or construction management services for this Work. Any references to Engineer or GC/CM shall refer to the entity hired by Owner to perform these services. 2.2. OWNER’S RIGHT TO STOP WORK 2.2.1. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. However, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. The issuance of a stop work order by the Owner as a result of Contractor’s failure to correct non-conforming work, shall not give rise to a claim by the Contractor or any subcontractor for additional cost, time, or other adjustment. 2.3. OWNER’S RIGHT TO CARRY OUT THE WORK 2.3.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three- day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to 45 Page 5 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and increased costs made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4. OWNER’S RIGHT TO PERSONNEL 2.4.1. The Owner reserves the right to have the Contractor and/or subcontractors remove person(s) and/or personnel from any and all work on the project with cause but without cost to the Owner. Such requests from the Owner may be made verbally or in writing directly with the Contractor. Cause may be, but not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor coordination, disruption to the facility or others, poor management, causes delay or delays, disruption of the Project, will not strictly adhere to facility procedures and Project requirements either knowingly or unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc. The Contractor shall provide replacement person(s) and/or personnel acceptable to the Owner at no cost to the Owner. 2.4.2. Any issue or circumstance relating to or resulting out of this clause shall not be construed or interpreted to be interference with or impacting upon the Contractor’s responsibilities and liabilities under the Contract Documents. 2.4.3. Person(s) and/or personnel who do not perform in accordance with the Contract Documents, shall be deemed to have provided the Owner with cause to have such persons removed from any and all involvement in the Work. 2.4.4. The Contractor agrees to defend, indemnify and hold harmless the Owner from any and all causes of action, demands, claims, damages, awards, attorneys’ fees, and other costs brought against the Owner by any and all person(s) or personnel as a result of actions under this clause. 3. ARTICLE 3 – THE CONTRACTOR 3.1. GENERAL 3.1.1. The Contractor is FieldTurf USA, Inc, identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor or the Contractor's authorized representative. 3.1.2. Construction Contractor Registration: The Contractor is required to be registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being executed by the Owner. Contractor must demonstrate that it has registered or promises that it will register immediately upon notice of award and prior to the commencement of any work. The Owner will not execute a contract for construction nor issue a Notice to Proceed to a Contractor who is not registered per 39-9-401(a) MCA. It is solely the Contractor’s responsibility to ensure that all Subcontractors are registered in accordance with Title 39, Chapter 9, MCA. 3.1.3. The Owner’s engagement of the Contractor is based upon the Contractor’s representations that it: 3.1.3.1. has the requisite skills, judgment, capacity, expertise, and financial ability to perform the Work; 3.1.3.2. is experienced in the type of labor and services the Owner is engaging the Contractor to perform; 46 Page 6 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 3.1.3.3. is authorized, licensed and registered to perform the type of labor and services for which it is being engaged in the State and locality in which the Project is located; 3.1.3.4. is qualified, willing and able to perform the labor and services for the Project in the manner and scope defined in the Contract Documents; and, 3.1.3.5. has the expertise and ability to provide labor and services that will meet the Owner’s objectives, intent and requirements, and will comply with the requirements of all governmental, public, and quasi-public authorities and agencies having or asserting jurisdiction over the Project. 3.1.4. The Contractor shall perform the Work in accordance with the Contract Documents, including the Scope of Services. Contractor agrees to attend a pre-construction conference with Owner, Engineer and GC/CM to discuss execution of the Scope of Services. 3.1.5. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Owner in the Owner's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.1.6. Quality Control (i.e. ensuring compliance with the Contract Documents) and Quality Assurance (i.e. confirming compliance with the Contract Documents) are the responsibility of the Contractor. Testing, observations, and/or inspections performed or provided by the Owner are solely for the Owner’s own purposes and are for the benefit of the Owner. The Owner is not liable or responsible in any form or fashion to the Contractor regarding quality assurance or extent of such assurances. The Contractor shall not, under any circumstances, rely upon the Owner’s testing or inspections as a substitute or in lieu of its own Quality Control or Assurance programs. 3.1.7. Contractor recognizes that Owner has entered into separate contracts with professionals for engineering and construction management services related to the Work. Contractor agrees to communicate and coordinate with Engineer and GC/CM for the mutual benefit of completing the Work. 3.2. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1. Since the Contract Documents are complementary and inter-related, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions affecting the Work. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents. However, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Owner. 3.2.2. If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Owner in response to the Contractor's notices or requests for information pursuant to Subparagraph 3.2.1, the Contractor shall make Claims as provided in Paragraph 4.3. If the Contractor fails to perform the obligations of Subparagraph 3.2.1, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. 3.2.3. Except as otherwise expressly provided in this Contract, the Contractor assumes all risks, liabilities, costs, and consequences of performing any effort or work in accordance with any written or oral order (including but not limited to direction, instruction, interpretation, or determination) of a person not authorized in writing by the Owner to issue such an order. 3.2.4. Sufficiency of Contract Documents: The Contractor certifies, warrants and guarantees that it has received, carefully reviewed, and evaluated all aspects of the Contract Documents and agrees that said 47 Page 7 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 Documents are adequate, consistent, coordinated, and sufficient for constructing the Work requested, intended, conceived, and contemplated therein. 3.2.4.1 The Contractor further acknowledges its continuing duty to review and evaluate the Contract Documents during the performance of its services and shall immediately notify the Owner, Engineer or GC/CM of any problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions it discovers in the Contract Documents and the Work to be constructed; and, any variances it discovers between the Contract Documents and applicable laws, statutes, building codes, rules or regulations. 3.2.4.2 If the Contractor performs any Work which it knows or should have known due to its experience, ability, qualifications, and expertise in the construction industry, that involves problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions in the Contract Documents and the Work to be constructed and, any variances between the Contract Documents and applicable laws, statutes, building codes, rules or regulations, without prior written notification to the Owner and without prior authorization to proceed from the Owner, the Contractor shall be responsible for and bear the costs and delays (including costs of any delay) of performing such Work. 3.2.4.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor or supplier, to carefully review, evaluate, and become familiar with all aspects of the Contract Documents shall be deemed void and waived by the Contractor. 3.2.5. Sufficiency of Site Conditions: The Contractor certifies, warrants and guarantees that it has visited, carefully reviewed, evaluated, and become familiar with all aspects of the site and local conditions at which the Project is to be constructed. The Contractor agrees that the Contract Documents are adequate, consistent, coordinated, and sufficient representation of the site and local conditions for the Work. 3.2.5.1 The Contractor certifies it has reviewed and become familiar with all aspects of the Environmental Assessments, the Site Survey and Geotechnical Report for the Project and has a full understanding of the information provided therein, prior to executing the Contract. 3.2.5.2 If the Work involves modifications, renovations, or remodeling of an existing structure(s) or other man-made feature(s), the Contractor certifies, warrants and guarantees that it has reviewed, evaluated, and become familiar with all available as-built and record drawings, plans and specifications, and has thoroughly inspected and become familiar with the structure(s) or man-made feature(s). 3.2.5.3 Any and all claims resulting from the Contractor’s failure, including those of any subcontractor or supplier, to visit, carefully review, evaluate, and become familiar with all aspects of the Site, available geotechnical information, and local conditions at which the Project is to be constructed shall be deemed void and waived by the Contractor. 3.3. SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1. The Contractor shall supervise and direct the Work using the Contractor's best skill and attention recognizing that time and quality are of the essence of the Work. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. It is the responsibility of and incumbent upon the Contractor to ensure, confirm, coordinate, inspect and oversee all Work (which is inclusive of but not limited to all submittals, change orders, schedules, workmanship, and appropriate staffing with enough competent and qualified personnel) so that the Work is not impacted in terms of any delays, costs, damages, or additional time, or effort on the Owner. If the Contract Documents give specific 48 Page 8 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and shall not proceed with that portion of the Work without further written instructions from the Owner. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. The Contractor shall: review any specified construction or installation procedure; advise the Owner if the specified procedure deviates from good construction practice; advise the Owner if following the procedure will affect any warranties, including the Contractor's general warranty, or of any objections the Contractor may have to the procedure and shall propose any alternative procedure which the Contractor will warrant and guarantee. 3.3.2. The Contractor shall furnish management, supervision, coordination, labor and services that: (1) expeditiously, economically, and properly completes the Work; (2) comply with all requirements of the Contract Documents; and, (3) are performed in a quality workmanlike manner and in accordance with the standards currently practiced by persons and entities performing or providing comparable management, supervision, labor and services on projects of similar size, complexity, cost, and nature to this Project. However, the standards currently practiced within the construction industry shall not relieve the Contractor of the responsibility to perform the Work to the level of quality, detail, and excellence defined and intended by the Contract Documents as interpreted by the Owner. 3.3.3. All services and labor rendered by the Contractor, including any subcontractors or suppliers, shall be performed under the immediate supervision at the site of persons possessing expertise and the requisite knowledge in the discipline or trade of service being rendered. The Contractor shall maintain such supervision and personnel at all times that the Contractor’s personnel, subcontractors, and/or suppliers are at the site. The Contractor shall never be absent from the site during performance of any portion of the Work by any entity under the supervision and direction of the Contractor. Full time attendance by the Contractor from Notice to Proceed through Final Acceptance is an explicit requirement of this Contract. 3.3.4. The Contractor shall be responsible to the Owner for acts, damages, errors, and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.5. The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4. LABOR, WAGES, AND MATERIALS 3.4.1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, permits, licenses, goods, products, equipment, tools, construction equipment and machinery, water, heat, all utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work in accordance with the Contract Documents, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2. The Contractor may make substitutions only with the consent of the Owner in accordance with a Change Order. This opportunity to request substitutions does not negate or waive any requirement for the Contractor to follow any “prior approval” requirement nor obligate the Owner to approve any substitution request. 3.4.3. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 49 Page 9 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 3.4.4 Prevailing Wages and Montana Residents. 3.4.4.1. The Contractor and all subcontractors at any level or tier of the Work shall give preference to the employment of bona fide Montana residents in the performance of the Work and shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. (18-2-403, MCA) 3.4.4.2. The Commissioner of The Montana Department of Labor and Industry (DOLI) has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, MCA. Contractor shall utilize the "State of Montana, Prevailing Wage Rates" in effect at the time of execution of the Contract. The Commissioner of the Montana DOLI has established the resident requirements in accordance with 18-2-409, MCA. The Contractor and all subcontractors at any level or tier of the Work shall direct any and all questions concerning prevailing wage and Montana resident issues for all aspects of the Work to DOLI. 3.4.4.3. The Contractor and all subcontractors at any tier or level of the Work, and as determined by the Montana DOLI, shall classify all workers in the project in accordance with the State of Montana, Prevailing Wage Rates. In the event the Contractor is unable to classify a worker in accordance with these rates he shall contact DOLI for a determination of the classification and the prevailing wage rate to be paid. 3.4.4.4. The Contractor and all subcontractors at any tier or level of the Work shall be responsible for obtaining wage rates for all workers prior to their performing any work on the project. The Contractor is required to pay and insure that its subcontractors at any tier or level and others also pay the prevailing wage determined by the DOLI, insofar as required by Title 18 of the MCA and the pertinent rules and standards of DOLI. 3.4.4.5. It is not the responsibility of the Owner to determine who classifies as a subcontractor, sub- subcontractor, material man, supplier, or any other person involved in any aspect of the Work at any tier or level. All such determinations shall be the sole responsibility of the Contractor, subcontractors, sub-subcontractors, material men, suppliers and others involved in the project at any tier or level. The Contractor, subcontractors, sub-subcontractors, material men, suppliers and others involved in the project shall defend, indemnify and hold harmless the Owner from all claims, attorneys’ fees, damages and/or awards involving prevailing wage or Montana resident issues. Any changes to wages or penalties for failure to pay the correct wages will be the sole responsibility of the Contractor and/or his subcontractors and no further charges or claims shall be made to the Owner. If the parties mutually agree or an arbitrator or court determines that any change in wages is due and any part is attributable to the Owner, the Owner's sole liability shall be for the amount of wages ordered only and not for other expenses, charges, penalties, overhead, profit or other mark-ups. 3.4.4.6. In accordance with 18-2-422(1) MCA, each job classification’s standard prevailing wage rate, including fringe benefits, that the contractors and employers shall pay during construction of the project is included herein by both reference to DOLI’s “Building” or ‘Heavy/Highway” schedules, as applicable to the project, and as part of these Contract Documents. 3.4.4.7. The Contractor and every employer, including all subcontractors at any tier or level, is required by 18-2-422(2) MCA to maintain payroll records in a manner readily capable of being certified for submission under 18-2-423 MCA, for a period of not less than 3 years after the contractor's, subcontractor’s, or employer's completion of work on the project or the Final Acceptance by the Owner, whichever is later. 3.4.4.8. Each contractor is required by 18-2-422(3) MCA to post in a visible and accessible location a statement of all wages and fringe benefits in compliance with 18-2-423. 50 Page 10 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 3.5. WARRANTY AND GUARANTEE 3.5.1. The Contractor warrants to the Owner that materials and equipment furnished under the Contract, including the artificial turf field, will be new and of good quality unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and rejected. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.2. The Contractor shall and does hereby warrant and guarantee all work, workmanship, and materials for the full warranty period as specified in the Contract Documents. The warranty period shall be defined as commencing with Substantial Completion (or with each Substantial Completion if there is more than one) of the Project, or any portion thereof, and continuing for one (1) calendar year from the date of Substantial Completion. 3.5.3. Intentionally Omitted 3.5.4. Manufacturer and product warranties and guarantees, as provided by the manufacturer or as specified in the Contract Documents, are in addition to the Contractor’s warranty. 3.6. TAXES 3.6.1. The Contractor is responsible for and shall pay all sales, consumer, use, and similar taxes for the Work provided by the Contractor which are legally enacted when negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2. In compliance with 15-50-206 MCA, the Contractor will have 1% of his gross receipts withheld by the Owner from all payments due and sent to the Montana Department of Revenue. Each subcontractor who performs work greater than $5,000 shall have 1% of its gross receipts withheld by the Contractor and sent to the Montana Department of Revenue. The Contractor shall notify the Department of Revenue on the Department’s prescribed form. 3.7. PERMITS, FEES, AND NOTICES 3.7.1. Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract, including but not limited to, the building permit fee, sewer connection fee, and any required impact fees and which are legally required when negotiations concluded. 3.7.2. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations, and does so without providing notice to the Owner, the Contractor shall assume responsibility for such Work and shall bear the costs attributable to correction. The Contractor shall be solely responsible to insure that all work it performs is in full compliance with all prevailing and applicable codes and regulations. 3.7.4. If the Contractor encounters conditions at the Site that are (a) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and 51 Page 11 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide written notice to the Owner, Engineer and GC/CM, before conditions are disturbed and in no event later than seven days after first observance of the conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Contractor in writing, stating the reasons. 3.7.5. If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Engineer and GC/CM. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Section 4.2. 3.8. ALLOWANCES 3.8.1. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 3.8.2. Unless otherwise provided in the Contract Documents: 3.8.2.1. Allowances shall cover the cost to the Contractor of labor, materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 3.8.2.2. Contractor's costs for overhead, profit for stated allowance amounts shall be included by the Contractor in the Contract Sum but not in the allowances; 3.8.2.3. Whenever costs are more than stated Owner allowances, the Contract Sum may be adjusted accordingly by Change Order if there is change in the scope of the Project after submission of the pricing. The Contractor shall be responsible for documenting and informing the Owner, Engineer and GC/CM of any changes in the scope of the Project. If costs are less than stated Owner allowances, the Contract Sum shall be adjusted accordingly by Change Order. If there is a change in scope of the Project, the amount of the Change Order shall reflect the difference between actual costs and the allowances under Clause 3.8.2.1. 3.8.3. Materials and equipment under an allowance shall be selected by the Owner. 3.8.4. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. 3.9. CONTRACTOR’S PERSONNEL 3.9.1. The Contractor shall employ competent personnel, supervisors, project managers, project engineers, project superintendent, and all others who shall be assigned to the Work throughout its duration. All personnel assigned by the Contractor to the Work shall possess the requisite experience, skills, abilities, knowledge, and integrity to perform the Work. 52 Page 12 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 3.9.2. The Contractor agrees that the employees shall be fully and completely engaged to the extent stipulated, for the duration of the Project, except for catastrophic events including but not limited to termination of employment, illness, accident, or death. 3.9.3. The superintendent and others as assigned shall be in attendance at the Project site during the performance of any and all Work. The superintendent shall represent the Contractor. All communications given to the Contractor’s personnel such as the project manager or the superintendent, whether verbal, electronic or written, shall be as binding as if given to the Contractor. 3.9.4. It is the Contractor’s responsibility to appropriately staff, manage, supervise and direct the Work which is inclusive of the performance, acts, and actions of his personnel and subcontractors. As such, the Contractor further agrees to indemnify and hold harmless the Owner, and to protect and defend Owner from and against all claims, attorneys’ fees, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of or against the Owner, Contractor, their agents, employees, or any third parties on account of the performance, behavior, acts or actions of the Contractor’s personnel or subcontractors. 3.9.5. Prior to the commencement of any work, the Contractor shall prepare and submit a personnel listing and organizational chart in a format acceptable to the Owner which lists by name, phone number (including cell phone), job category, and responsibility the Contractor’s key/primary personnel who will work on the Project. The Contractor shall promptly inform the Owner in writing of any proposed replacements, the reasons therefore, and the name and qualifications of any proposed replacements. The Owner shall have the right to reject any proposed replacements without cost or claim being made by the Contractor. The chart shall be provided to the Owner, Engineer and GC/CM at the time of the pre- construction conference. 3.10. CONSTRUCTION SCHEDULES 3.10.1. The Contractor shall, promptly after being provided the Notice to Proceed with construction, prepare and submit for the Owner's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and per the requirements of the Contract Documents, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor’s schedule shall be in the “Critical Path Method” and shall show the Critical Path of the Work in sufficient detail to evaluate the Contractor’s progress. A request for time extension by the Contractor will not be allowed unless a change in the Work is approved by the Owner and materially affects the Critical Path. It is the Contractor’s responsibility to demonstrate that any time extensions requests materially affect the Critical Path. 3.10.2. The Contractor shall prepare and keep current a schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the Owner reasonable time to review submittals. 3.10.3. The Contractor shall perform the Work in accordance with the most recent schedule submitted to the Owner. 3.10.4. The Contractor's operations (including but not limited to the Contractor's forces employed, sequences of operations, and methods of operation) at all times during the performance of the contract shall be sufficient to insure the completion of the Work within the specified performance period. 3.10.5. The Critical Path Method Construction Schedule prepared by the Contractor must be in a form that is acceptable to the Owner. 3.10.5.1. The Schedule shall show the estimated progress of the entire Project through the individual time periods allowed for completion of each discipline, trade, phase, section, and 53 Page 13 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 aspect of the Work. The Contractor shall provide written reports of all logic and resource loading data with the Schedule and with all updates to the Schedule. 3.10.5.2. The Schedule shall show percent complete, progress to date, project work, and projected time to complete the work for all activities. The percent complete and minor schedule changes, including additions of activities, change orders, construction change directives, changes to sequences of activities and significant changes in activity demands must be shown by a revised Schedule. A written report providing details about the changes and what actions are anticipated to get the work completed in the contractual time period shall be submitted with the revised schedule. 3.10.5.3. The Construction Schedule shall include coordinate dates for performance of all divisions of the Work, including shipping and delivery, off-site requirements and tasks, so the Work can be completed in a timely and orderly fashion consistent with the required dates of Substantial Completion and Final Acceptance. 3.10.5.4. The Construction Schedule shall include: (i) the required commencement date, the required dates of Substantial Completion(s) and Final Acceptance for the complete Project and all phases (if any); (ii) any guideline and milestone dates required by the Owner or the Contract Documents; (iii) subcontractor and supplier schedules; (iv) a submittal schedule which allows sufficient time for review by Owner; (v) the complete sequence of all construction activities with start and completion dates; and, (vi) required decision dates. 3.10.5.5. By receiving, reviewing, and/or commenting on the Construction Schedule or any portion thereof (including logic), the Owner shall not assume any of the Contractor’s responsibility or liability that the Schedule be coordinated or complete, or for timely and orderly completion of the Work. 3.10.5.6. Receiving, reviewing, and/or commenting on the Schedule, any portion thereof, or any revision thereof, does not constitute an approval, acknowledgement, or acceptance of any durations, dates, milestones, or performance indicated therein. 3.10.5.7. A printout of the Schedule’s logic showing all activities is required with the Schedule and with all updates to the Schedule. 3.10.6. The Contractor shall review and compare, at a minimum on a weekly basis, the actual status of the Work against its Construction Schedule. 3.10.7. The Contractor shall routinely, frequently, and periodically (but not less than monthly) update and/or revise its Construction Schedule to show actual progress of the Work through the date of the update or revision, projected level of completion of each remaining activity, activities modified since the previous update or revision, and major changes in scope or logic. The updated/revised Schedule shall be accompanied by a narrative report which: (a) states and explains any modifications of the critical path, if any, including any changes in logic; (b) defines problem areas and lists areas of anticipated delays; (c) explains the anticipated impact the change in the critical path or problems and delays will have on the entire Schedule and the completion of the Work; (d) provides corrective action taken or proposed; and, (e) states how problems or delays will be resolved in order to deliver the Work by the required phasing milestones (if any), Substantial Completion(s), and Final Acceptance dates. 3.10.8. Delay in Performance: If at any time the Contractor anticipates that performance of the Work will be delayed or has been delayed, the Contractor shall: (1) immediately notify the Owner, Engineer and GC/CM by separate and distinct correspondence of the probable cause and effect of the delay, and possible alternatives to minimize the delay; and, (2) take all corrective action reasonably necessary to deliver the Work by the required dates. Nothing in this paragraph or the Contract Documents shall be construed by the Contractor as a granting by the Owner of constructive acceleration. The results of failure 54 Page 14 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 to anticipate delays, or to timely notify the Owner of an anticipated or real delay, are entirely the responsibility of the Contractor whether compensable or not. 3.10.9. Early Completion: The Contractor may attempt to achieve Substantial Completion(s) on or before the date(s) required in the Contract. However, such early completion shall be for the Contractor’s sole convenience and shall not create any real or implied additional rights to Contractor or impose any additional obligations on the Owner. The Owner will not be liable for nor pay any additional compensation of any kind to the Contractor for achieving Substantial Completion(s) or Final Acceptance prior to the required dates as set forth in the Contract. 3.10.10. Float in Schedule. Any and all float time in the Contractor’s schedule, regardless of the path or activity, shall accrue to the benefit of the Owner and the Work, and not to the Contractor. Float also includes any difference shown between any early completion dates shown on the Contractor’s Schedule for any phasing milestone(s), Substantial Completion(s) or Final Acceptance and the dates or durations as required by the Contract Documents. 3.10.11. Modification of Required Substantial Completion(s) or Final Acceptance Dates: Modification of the required dates shall be accomplished only by duly authorized, accepted, and approved change orders stating the new date(s) with specificity on the change order form. All rights, duties, and obligations, including but not limited to the Contractor’s liability for actual, delay, and/or liquidated damages, shall be determined in relation to the date(s) as modified. 3.11. DOCUMENTATION AND AS-BUILT CONDITIONS AT THE SITE 3.11.1. The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and accurately marked to record current field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Owner at any time and shall be delivered to the Owner upon completion of the Work. 3.11.2. The Owner shall not be required to process final payment until all documentation and data required by the Contract Documents is submitted to and approved by the Owner including, but not limited to, the As-Built Drawings. The Owner will not process any final request for payment until the Owner has received and verified that the Contractor has performed the requirements pertaining to the as-built drawings. 3.11.3. The as-built drawings shall be neatly and clearly marked during construction to record all deviations, variations, changes, and alterations as they occur during construction along with such supplementary notes and details necessary to clearly and accurately represent the as-built condition. 3.12. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1. Definitions: 3.12.1.1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.1.2. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.1.3. Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 55 Page 15 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 3.12.2. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. 3.12.3. The Contractor shall review, and approve Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents within sixty (60) calendar days of being issued the Notice To Proceed unless noted otherwise and shall do so in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Any submittal that, in the opinion of the Owner, is incomplete in any area or detail may be rejected and returned to the Contractor. It is the responsibility of and incumbent upon the Contractor to ensure and confirm that all submittals are complete, accurate, and in conformance to the Contract Documents prior to submission. 3.12.4. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents and guarantees to the Owner that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.5. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved. Should the Contractor, Subcontractors or Sub- subcontractors install, construct, erect or perform any portion of the Work without approval of any requisite submittal, the Contractor shall bear the costs, responsibility, and delay for removal, replacement, and/or correction of any and all items, material, and /or labor. 3.12.6. The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Owner’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Owner, Engineer and GC/CM in writing of such deviation at the time of submittal and: (1) the Owner has given written approval to the specific deviation as a minor change in the Work; or, (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Owner's approval thereof. 3.12.7. The Contractor shall direct specific attention, in writing or on re-submitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice the Owner's approval of a re- submission shall not apply to such revisions. 3.12.8. The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Owner. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, 56 Page 16 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 provided the Owner has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this subparagraph, the Owner will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the accuracy of the performance or design criteria required by the Contract Documents but shall be responsible and held liable for review and verification of all performance or design criteria as required by Paragraph 3.2. 3.12.9. Unless noted otherwise in the Contract Documents, the Contractor shall submit to the Owner within sixty (60) days from the date of the Notice To Proceed a minimum of six (6) complete copies of all shop/setting drawings, schedules, cut sheets, products, product data, and samples required for the complete Work, or as specified within the Contract Documents. Copies shall be reviewed, marked, stamped and approved on each and every copy by the Contractor prior to submission to the Owner or they shall be returned without review or action. The Owner shall review with reasonable promptness, making corrections, rejections, or other actions as appropriate. The Owner’s approval or actions on shop/setting drawings, schedules, cut sheets, products, product data, or samples shall not relieve the Contractor from responsibility for, nor deviating from, the requirements of the plans and specifications. Any deviations from the plans and specifications requested or made by the Contractor shall be brought promptly to the attention of the Owner, Engineer and GC/CM. 3.12.10. Cost for Re-Submissions: the Contractor is responsible for ensuring that all shop drawings, product data, samples, and submittals contain all information required by the Contract Documents to allow the Owner to take action. The Contractor shall pay the Owner’s cost of reviewing any submittal item exceeding two reviews for the same item. Such costs shall be deducted from the contract sum by Change Order. 3.13. USE OF SITE 3.13.1. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. Only materials and equipment which are to be used in the Work shall be brought to and stored on the Project Site by the Contractor. 3.13.2. The Contractor shall not damage, endanger, compromise or destroy any part of the Project or the site, including but not limited to work performed by others, monuments, stakes, bench marks, survey points, utilities, existing features or structures. The Contractor shall be fully and exclusively responsible for and bear all costs and delays (including and costs of delay) for any damage, endangerment, compromise, or destruction of any part of the Project or site. 3.13.3. The Contractor shall coordinate his operations with the Owner, Engineer and GC/CM in order that the Owner will have maximum use of existing facilities surrounding the area of the Work, as agreed upon, at all times during normal working hours. Contractor further agrees to coordinate his operations so as to avoid interference with the Owner’s normal operations to as great an extent as possible. 3.13.4. Except as may be specifically provided in the Contract Documents, the Contractor shall provide all necessary temporary facilities, including power, water, sanitation, scaffolding, storage, and reasonable security. If Owner makes any such facilities available to Contractor, it is without representation or warranty as to their adequacy for Contractor's use, and Contractor shall indemnify, defend, and hold Owner harmless from and against any claims arising out of Contractor's use of such facilities. 3.13.5. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to 57 Page 17 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 cause hazardous conditions. Without limitation of any other provision of the Contract Documents, Contractor shall not interfere with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of the Work or (2) the Building in the event of partial occupancy, without prior approval of the Owner. 3.13.6. The Contractor shall, for the duration of this Agreement, maintain all areas used by it in performance of the contract free from excessive dust as reasonably determined and directed by the Owner, and shall comply with the OSHA standards and those of all other regulatory agencies, statutes and laws. Industry accepted methods of dust control suitable for the areas involved will be permitted, where such is in compliance with the foregoing and with the approval of the Owner. No separate payment will be made for dust control beyond what may be previously approved by Owner as a General Condition Cost or as included in as a subcontract package item. 3.13.7. The Contractor shall perform all work in strict conformity with all applicable laws, rules and regulations relating to pollution of any land, stream, and the atmosphere. The Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substances or materials onto the land, or into any stream, river, lake or other body of water including groundwater. 3.13.8. The Contractor shall not permit or suffer the introduction or use of tobacco or any intoxicants, including alcohol or illegal drugs, upon the Project site. 3.13.9. In the event that any items of archeological or historical value are discovered by Contractor or any of its Subcontractors or any of their representatives or employees, the Contractor shall immediately notify the Owner, Engineer and GC/CM and await Owner’s decision before proceeding with any work. Any item found shall not be the Contractor’s property and shall be promptly delivered to the Owner. 3.14. CUTTING AND PATCHING 3.14.1. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15. WORK HOURS, CLEAN UP, AND SITE CONTROL 3.15.1. Work will be performed in accordance with the Contract Documents and the Bozeman Municipal Code or other applicable law governing the Contractor’s performance of the Work. No delays resulting from compliance with applicable laws or regulations may form the basis for any claim by the Contractor for delay damages or additional compensation or for any extensions of the Contract Time. Daily work hours shall be limited to those stipulated by Bozeman Municipal Code section 16.06.090. Normal work hours for Owner’s testing agencies shall be defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. except State or Federal holidays. Contractor shall provide a minimum of 24 hours’ notice to Owner for any testing or inspection that Contractor requires of Owner or Owner’s designated representatives outside of normal business hours and shall be responsible for payment of same to the appropriate party for off-hours Work. The Contractor must notify the Owner as soon as possible if Work must be performed outside such times in the interest of the safety and protection of persons or property at the Site or adjacent thereto, or in the event of an emergency. In no event shall the Contractor permit Work to be performed at the Site without the presence of the Contractor’s superintendent or person responsible for 58 Page 18 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 the protection of persons and property at the Site and compliance with all applicable laws and regulations, if different from the superintendent. 3.15.2. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract during performance of the Work and at the direction of the Owner. Contractor must keep tools, construction equipment, machinery and surplus materials suitably stored when not in use. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.3. The Contractor must comply with the Bozeman Municipal Code (Chpt. 16, Article 6) (Noise) and any successor or substitute provisions covering the regulation of noise. It is the duty of the Contractor to familiarize itself with those provisions and perform the Work in compliance with those provisions. 3.15.4. If the Contractor fails to clean up in a manner reasonably satisfactory to the Owner within forty- eight (48) hours after notice or as otherwise required by the Contract Documents, the Owner may clean the Site and back charge the Contractor for all costs associated with the cleaning. 3.16. ACCESS TO WORK 3.16.1. The Contractor shall provide the Owner access to the Work at all times wherever located. 3.17. ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account thereof. 3.18. INDEMNIFICATION 3.18.1. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Owner and Owner’s agents and employees (the “Indemnitees”) from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, liabilities (including liability where activity is inherently or intrinsically dangerous), or damages of whatever kind or nature connected therewith occasioned by, growing or arising out of or resulting from or in any way related to (a) the negligent, reckless, or intentionally wrongful acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable; provided that the Contractor shall not be required to indemnify the Indemnitees to the extent damages arise out of bodily injury to persons or damage to property caused by or resulting from negligence of the Owner, its agents, officers, or employees, Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an Indemnitee. 3.18.2. Contractor’s indemnity under this Section 3.18 shall be without regard to and without any right to contribution from any insurance maintained by Owner. 3.18.3. In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18.4. Contractor’s obligations under this Section 3.18 shall survive termination of the Contract and completion of the Project. 59 Page 19 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 4. ARTICLE 4- ADMINISTRATION OF THE CONSTRUCTION CONTRACT 4.1 OWNER’S ADMINISTRATION OF THE CONSTRUCTION CONTRACT 4.1.1. The Owner will provide administration of the Contract as described in the Contract Documents throughout the complete duration of the project. 4.1.2. The Owner will organize a pre-construction conference between the parties to discuss design and construction of the project, including timelines and costs. 4.1.3. The Owner will visit the site at intervals appropriate to the stage of the contractor’s operations to: (1) become generally familiar with the progress and quality of the portion of the Work Completed; and (2) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed will be in accordance with the Contract Documents. However, the Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Contractor’s Work. The Owner will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, for the safety of any person involved in the work or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. 4.1.4. The Owner will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.1.5. Communications Facilitating Contract Administration. Communications by and with Subcontractors and material suppliers shall be through the Contractor to the Owner. Communications by and with separate contractors shall be through the Owner to the Contractor. 4.1.6. The Owner will review and certify the amounts due the Contractor. 4.1.7. The Owner will have authority to reject Work that does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable, the Owner will have authority to require inspection or testing of the Work in accordance with the General Conditions and any applicable technical specification requirements, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 4.1.8. The Owner will review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Unless otherwise agreed to by the parties, the Owner’s action will be taken within seven (7) days or such shorter period as is necessary to cause no delay in the Work of in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions of installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Owner’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5, and 3.12. The Owner’s 60 Page 20 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 review shall not constitute approval of safety precautions or unless otherwise specifically stated by the Owner, of any constructions means, methods, techniques, sequences or procedures. The Owner’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.1.9. The Contractor will prepare Change Orders and Construction Change Directives for Owner’s approval. The Contractor will investigate and make recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. 4.1.10. The Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of Final Acceptance, will receive written warranties and related documents required by the Contract and assembled by the Contractor. 4.1.11. The Owner’s observations or inspections do not alleviate any responsibility on the part of the Contractor. The Owner reserves the right to observe and inspect the work and make comment. Action or lack of action following observation or inspections is not to be construed as approval of Contractor’s performance. 4.2 CLAIMS AND DISPUTES 4.2.1. Definition. A Claim is a written demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extensions of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes, controversies, and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest solely with the party making the Claim. 4.2.1.1. Time Limits on Claims. Claims by either party must be initiated within 21 calendar days after occurrence of the event giving rise to such claim. The following shall apply to the initiation of a claim: 4.2.1.1.1. A written notice of a claim must be provided to the Owner within 21 calendar days after the occurrence of the event or the claim is waived by the claiming party and void in its entirety. 4.2.1.1.2. Claims must be initiated by separate, clear, and distinct written notice within the 21 calendar day time frame to the Owner and must contain the notarized statement in Sub-Paragraph 4.3.1.5 when the claim is made by the Contractor. Discussions in any form with the Owner, whether at the site or not, do not constitute initiation of a claim. Notes in project meeting minutes, email correspondence, change order proposals, or any other form of documentation does not constitute initiation of a claim. The written notice must be a separate and distinct correspondence provided in hardcopy to the Owner and must delineate the specific event and outline the causes and reasons for the claim whether or not cost or time have been fully determined. Written remarks or notes of a generic nature are invalid in their entirety. Comments made at progress meetings, project site visits, inspections, emails, voice mails, and other such communications do not meet the requirement of providing notice of claim. 4.2.1.1.3. Physical Injury or Physical Damage. Should the Owner or Contractor suffer physical injury or physical damage to person or property because of any error, omission, or act of the other party or others for whose acts the other party is legally and contractually liable, claim will be made in writing to the other party within a reasonable time of the first observance of such physical injury or physical damage but in no case beyond 30 calendar days of the first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any 61 Page 21 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 applicable statute of limitations or repose. In all such cases, the indemnification provisions of the Contract shall be effectual and the Contractor’s insurance shall be primary and in full effect. 4.2.1.2. All Claims must contain sufficient justification and substantiation with the written notice or they may be rejected without consideration by the Owner with no additional impact or consequence to the Contract Sum, Contract Time, or matter(s) in question in the Claim. 4.2.1.3. If additional compensation is claimed, the exact amount claimed and a breakdown of that amount into the following categories shall be provided with each and every claim: 4.2.1.3.1. Direct costs (as listed in Subparagraph 7.3.9.1 through 7.3.9.5); 4.2.1.3.2. Indirect costs (as defined in Paragraph 7.2.5); and, 4.2.1.3.3. Consequential items (i.e. time extensions, credits, logic, reasonableness, impacts, disruptions, dilution) for the change. 4.2.1.4. If additional time is claimed the following shall be provided with each and every claim: 4.2.1.4.1.The specific number of days and specific dates for which the additional time is sought; 4.2.1.4.2. The specific reasons, causes, and/or effects whereby the Contractor believes that additional time should be granted; and, 4.2.1.4.3. The Contractor shall provide analyses, documentation, and justification of its claim for additional time in accordance with the latest Critical Path Method schedule in use at the time of event giving rise to the claim. 4.2.1.5. With each and every claim, the Contractor shall submit to the Owner a notarized statement containing the following language: “Under penalty of law (including perjury and/or false/fraudulent claims against the State), the undersigned, (Name) (Title) Of_________________(Company) hereby certifies, warrants, and guarantees that this claim made for Work on this Contract is a true statement of the costs, adjustments and/or time sought and is fully documented and supported under the contract between the parties. _____________ __________ (Signature) (Date)” 4.2.2. Continuing Contract Performance. 4.2.2.1. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents on the portion of the Work not involved in a Claim. 62 Page 22 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 4.2.3. Claims for Cost or Time for Concealed or Unknown Conditions. 4.2.3.1. If conditions are encountered at the site which are: (a) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents; or, (b) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other parties promptly before conditions are disturbed. 4.2.3.2. The Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall so notify the Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the date of the Owner’s decision. 4.2.3.3. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted. 4.3.3.4. Nothing in this paragraph shall relieve the Contactor of its obligation to adequately and sufficiently investigate, research, and examine the site, the site survey, topographical information, and the geotechnical information available whether included by reference or fully incorporated in the Contract Documents. 4.2.4. Claims for Additional Cost. 4.2.4.1. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.4. 4.2.4.2. If the Contractor believes additional cost is involved for reasons including but not limited to: (a) a written interpretation from the Owner; (b) an order by the Owner to stop the Work solely for the Owner’s convenience or where the Contractor was not at least partially at fault;(c) a written order for a minor change in the Work issued by the Owner; (d) failure of payment by the Owner per the terms of the Contract; (e) termination of the Contract by the Owner; or, (f) other reasonable grounds, Claim must be filed in accordance with this Paragraph 4.2. 4.2.5. Claims for Additional Time 4.2.5.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as specified in these General Conditions shall be provided along with the notarized certification. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay for the same event or cause only one Claim is necessary. However, separate and distinct written notice is required for each separate event. 4.2.5.2. Weather Delays: 4.2.5.2.1. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction activities. 63 Page 23 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 4.2.5.2.2. Inclement or adverse weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The Owner may grant an extension of time if an unavoidable delay occurs as a result of inclement/severe/adverse weather and such shall then be classified as a “Delay Day”. Any and all delay days granted by the Owner are and shall be non-compensable in any manner or form. The Contractor shall comply with the notice requirements concerning instances of inclement/severe/adverse weather before the Owner will consider a time extension. Each day of inclement/severe/adverse weather shall be considered a separate instance or event and as such, shall be subject to the notice requirements. 4.2.5.2.3. An “inclement”, “severe”, or “adverse” weather delay day is defined as a day on which the Contractor is prevented by weather or conditions caused by weather resulting immediately there from, which directly impact the current controlling critical-path operation or operations, and which prevent the Contractor from proceeding with at least 75% of the normal labor and equipment force engaged on such critical path operation or operations for at least 60% of the total daily time being currently spent on the controlling operation or operations. 4.2.5.2.4. The Contractor shall consider normal/typical/seasonal weather days and conditions caused by normal/typical/seasonal weather days for the location of the Work in the planning and scheduling of the Work to ensure completion within the Contract Time. No time extensions will be granted for the Contractor’s failure to consider and account for such weather days and conditions caused by such weather for the Contract Time in which the Work is to be accomplished. 4.2.5.2.5. A “normal”, “typical”, or “seasonal” weather day shall be defined as weather that can be reasonably anticipated to occur at the location of the Work for each particular month involved in the Contract Time. Each month involved shall not be considered individually as it relates to claims for additional time due to inclement/adverse/severe weather but shall consider the entire Contract Time as it compares to normal/typical/seasonal weather that is reasonably anticipated to occur. Normal/typical/seasonal weather days shall be based upon U.S. National Weather Service climatic data for the location of the Work or the nearest location where such data is available. 4.2.5.2.6. The Contractor is solely responsible to document, prepare and present all data and justification for claiming a weather delay day. Any and all claims for weather delay days shall be tied directly to the current critical-path operation or operations on the day of the instance or event which shall be delineated and described on the Critical- Path Schedule and shall be provided with any and all claims. The Contractor is solely responsible to indicate and document why the weather delay day(s) claimed are beyond those weather days which are reasonably anticipated to occur for the Contract Time. Incomplete or inaccurate claims, as determined by the Owner, may be returned without consideration or comment. 4.2.5.3. Where the Contractor is prevented from completing any part of the Work with specified durations or phases due to delay beyond the control of both the Owner and the Contractor, an extension of the contract time or phase duration in an equal amount to the time lost due to such delay shall be the Contractor’s sole and exclusive remedy for such delay. 4.2.5.4. Delays attributable to and/or within the control of subcontractors and suppliers are deemed to be within the control of the Contractor. 64 Page 24 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 4.2.5.5. In no event shall the Owner be liable to the Contractor, any subcontractor, any supplier, Contractor’s surety, or any other person or organization, for damages or costs arising out of or resulting from: (1) delays caused by or within the control of the Contractor which include but are not limited to labor issues or labor strikes on the Project, federal, state, or local jurisdiction enforcement actions related directly to the Contractor’s Work (e.g. safety or code violations, etc.); or, (2) delays beyond the control of both parties including but not limited to fires, floods, earthquakes, abnormal weather conditions, acts of God, nationwide material shortages, actions or inaction by utility owners, emergency declarations by federal, state, or local officials enacted in the immediate vicinity of the project, or other contractors performing work for the Owner. 4.2.6. Claims for Consequential Damages. 4.2.6.1. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 4.2.6.1.1. damages incurred by the Owner for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and, 4.2.6.1.2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, income, and for loss of profit. 4.2.6.2. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this waiver of consequential damages shall be deemed to preclude an award of liquidated or actual damages, when applicable, in accordance with the requirements of the Contract Documents. 4.3. RESOLUTION OF CLAIMS, DISPUTES, AND CONTROVERSIES 4.3.1. Either party may submit a Claim to the other party in accordance with the Contract. After submission of the Claim, the parties will attempt in good faith to resolve the Claim through negotiation. 4.3.2 Upon receipt of a Claim against the Contractor or at any time thereafter, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.3.3. A Claim subject to or related to liens or bonds shall be governed by applicable law regarding notices, filing deadlines, and resolution of such Claim prior to any resolution of such Claim, by mediation, or by arbitration, except for claims made by the Owner against the Contractor’s bonds. 4.3.4. Pending final resolution of a Claim including mediation, arbitration (if mutually agreed to by the Parties), or court proceedings, unless otherwise mutually agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract on Work or amounts not in dispute. 4.4. MEDIATION 4.4.1. Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall, 30 days after submission of the Claim to the Owner, be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. 4.4.2. The parties shall endeavor to resolve their Claims by mediation administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and 65 Page 25 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members, and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the Claim is made in lieu of a DRB. 4.4.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 5. ARTICLE 5 – SUBCONTRACTORS 5.1. DEFINITION 5.1.1. A Subcontractor is a person or entity who has a direct or indirect contract at any tier or level with the Contractor or any Subcontractor to the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.2. AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1. Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract and in no instance later than (30) days after award of the Contract, shall furnish in writing to the Owner, and if applicable, the Engineer and GC/CM, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply to the Contractor in writing stating whether or not the Owner, after due investigation, has reasonable objection to any such proposed person or entity. 5.2.2. The Contractor shall not contract with a proposed person or entity to which the Owner has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3. If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4. The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner makes reasonable objection to such substitute. 5.3. SUBCONTRACTUAL RELATIONS 5.3.1. By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall 66 Page 26 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.3.2. Upon written request by the Owner, the Contractor shall require its subcontractors to provide to it performance and payment securities for their portion of the Work in the types and form defined in statute (18-2-201 and 18-2-203 MCA) for all sub-contractual agreements. 5.3.3. The Contractor shall prepare a Subcontractors’ and Suppliers’ chart in a format acceptable to the Owner which lists by name, all contact information, job category, and responsibility the Contractor’s Subcontractors (at all tiers or levels) and Suppliers with a pecuniary interest in the Project of greater than $5,000.00. The chart shall be provided to the Owner at the time of the pre-construction conference but no less than 30 days after receiving the Notice to Proceed for construction. 5.3.4. All Contractors and Subcontractors to this contract must comply with all Montana Department of Labor and Industry requirements, regulations, rules, and statutes. 5.3.5. In compliance with state statutes, the Contractor will have the 1% Gross Receipts Tax withheld from all payments. Each "Public Contractor" includes all Subcontractors with contracts greater than $5,000 each. The Contractor and all Subcontractors will withhold said 1% from payments made to all Subcontractors with contracts greater than $5,000.00 and make it payable to the Montana Department of Revenue. The Contractor and all Subcontractors shall also submit documentation of all contracts greater than $5,000.00 to the Montana Department of Revenue on the Department’s prescribed form. 5.4. CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1. Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 5.4.1.1. assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and, 5.4.1.2. assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2. Upon such assignment, if the Work has been suspended for more than 30 days as a result of the Contractor’s default, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. Such adjustment shall be at the expense of the Contractor. 5.4.3. The Contractor shall engage each of its subcontractors and suppliers with written contracts that preserve and protect the rights of the Owner and include the acknowledgement and agreement of each subcontractor and supplier that the Owner is a third-party beneficiary of their sub-contractual and supplier agreements. The Contractor’s agreements shall require that in the event of default by the Contractor or termination of the Contractor, and upon request of the Owner, the Contractor’s subcontractors and suppliers will perform services for the Owner. 67 Page 27 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 5.4.4. Construction Contractor Registration: All Subcontractors at any tier or level are required to be registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being executed by the Owner. Subcontractors shall demonstrate to the Contractor that it has registered or promises that it will register immediately upon notice of award and prior to the commencement of any work. 6. ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1. OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3. The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4. Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2. MUTUAL RESPONSIBILITY 6.2.1. The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2. If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3. The Contractor shall reimburse the Owner for costs the Owner incurs which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor 68 Page 28 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. 6.2.4. The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5. The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.2.6. If a Subcontractor or separate contractor initiates legal or other proceedings against the Owner on account of damage alleged to have been caused by the Contractor or its employees, agents, or subcontractors, the Owner shall notify the Contractor who shall defend such proceedings at its own expense, and if judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the Owner for attorneys’ fees and court or other costs which the Owner has incurred over and above those paid for directly by the Contractor. 6.3. OWNER'S RIGHT TO CLEAN UP 6.3.1. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and determine the responsibility of those involved and allocate the cost accordingly. 7. ARTICLE 7 – CHANGES IN THE WORK 7.1. GENERAL 7.1.1. Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive, or order for a minor change in the Work subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2. A Change Order shall be based upon agreement among the Owner and Contractor; a Construction Change Directive is determined by the Owner or Engineer and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone. 7.1.3. Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. 7.1.4. No act, omission, or course of dealing, shall alter the requirement that Change Orders or Construction Change Directives shall be in writing and signed by the Owner, and that Change Orders and Construction Change Directives are the exclusive method for effecting any adjustment to the Contract. The Contractor understands and agrees that neither the Contract Sum nor the Contract Time can be changed by implication, oral agreement, verbal directive, or unsigned Change Order. 7.2. CHANGE ORDERS 7.2.1. A Change Order is a written instrument prepared and signed by the Owner and Contractor, stating their agreement upon all of the following: 7.2.1.1. change in the Work; 7.2.1.2. the amount of the adjustment, if any, in the Contract Sum; and, 7.2.1.3. the extent of the adjustment, if any, in the Contract Time. 69 Page 29 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 7.2.2. The cost or credit to the Owner resulting from a change in the Work shall be determined as follows: 7.2.2.1. per the limitations of this Subparagraph. The allowance for overhead and for profit are limited to the percentage as specified herein unless they are determined to be unreasonable by the Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change Directive; or, 7.2.2.2. by one of the methods in Subparagraph 7.3.4, or as determined by the Owner per Subparagraph 7.3.9. Subcontractors shall be limited to a maximum total combined allowance of 15.0% for overhead and profit. The allowances for overhead and for profit are limited to the percentages as specified herein unless they are determined to be unreasonable by the Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change Directive. 7.2.2.3. The Contractor’s proposed increase or decrease in cost shall be limited to costs listed in Subparagraph 7.3.9.1 through 7.3.9.5. 7.2.3. The Contractor shall not submit any Change Order, response to requested cost proposals, or requested changes which are incomplete and do not contain full breakdown and supporting documentation in the following three areas: 7.2.3.1. Itemized direct costs (only those listed in Subparagraph 7.3.9.1 through 7.3.9.5 are allowable); 7.2.3.2. Itemized indirect costs (limited as a percentage on each Change Order per Supplementary General Conditions, Paragraph 7.2.2); and 7.2.3.3. Itemized consequential items (e.g. time extensions, credits, logic, reasonableness, impacts, disruptions, dilution). 7.2.3.4. The Contractor shall provide a complete description detailing and summarizing all work involved. 7.2.4. Any Change Order, responses to requested proposals, or requested changes submitted by the Contractor which are incomplete, may be rejected and returned to the Contractor without comment. It is the responsibility of and incumbent upon the Contractor to ensure and confirm that all Change Orders, responses to requested proposals, or requested changes are complete prior to submission. 7.2.5. Overhead, applicable to all areas and sections of the Contract Documents, means “Indirect Costs” as referenced in Subparagraph 7.2.3.2. Indirect costs are inclusive of, but not limited to, the following: home office overhead; off-site supervision, except as directly related to the work; home office project management, except as directly related to the work; effects of disruption and dilution of management and supervision off-site; time delays; coordination of trades; postage and shipping; and, effective increase in guarantee and warranty durations. Indirect costs applicable to any and all changes in the work, either through Change Order or Construction Change Directive, are limited to the percentage allowance for overhead in Subparagraph 7.2.2. 7.2.6. By signature on any Change Order, the Contractor certifies that the signed Change Order is complete and includes all direct costs, indirect costs and consequential items (including additional time, if any) and is free and clear of all claims or disputes (including, but not limited to, claims for additional costs, additional time, disruptions, and/or impacts) in favor of the Contractor, subcontractors, material suppliers, or other persons or entities concerning the signed change order and on all previously contracted Work and does release the Owner from such claims or demands. 70 Page 30 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 7.2.7. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor as a result of a Change Order shall require documentation and justification for the adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path Schedule in use prior to the change. Changes which affect or concern activities containing float or slack time (i.e. not on the critical path) and which can be accomplished within such float or slack time, shall not result in an increase in the Contract Time. 7.2.8. Supervision means on-site, field supervision and not home office overhead, off-site management or off- site supervision, except as directly related to the work. 7.2.9. Labor means those persons engaged in construction occupations as defined in Montana Prevailing Wage Rates for Building Construction or Heavy/Highway as bound in the Contract Documents and does not include design, engineering, superintendence, management, on-site field supervision, home office or other off-site management, off-site supervision, office or clerical work. 7.2.10. No such change is effective until the Owner signs the Change Order. 7.3. CONSTRUCTION CHANGE DIRECTIVES 7.3.1. A Construction Change Directive is a written order prepared and signed by the Owner or Engineer, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner or Engineer, may, by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor as a result of a Construction Change Directive, shall require documentation and justification for the adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path Schedule in use prior to the change. Changes that affect or concern activities containing float or slack time (i.e. not on the critical path) and which can be accomplished within such float or slack time shall not result in an increase in the Contract Time. 7.3.3. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order. 7.3.4. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 7.3.4.1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 7.3.4.2. unit prices stated in the Contract Documents or subsequently agreed upon; 7.3.4.3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; 7.3.4.4. by actual cost as shown by the Contractor's and Subcontractor's itemized invoices; or 7.3.4.5. as provided in Subparagraph 7.3.9. 7.3.5. Costs shall be limited to the following: cost of materials, including cost of delivery; cost of labor, including social security, old age and unemployment insurance and fringe benefits under collective bargaining agreements; workers' compensation insurance; bond premiums; and rental value of power tools and equipment. 7.3.6. Overhead and profit allowances shall be limited on all Construction Change Directives to those identified in 7.2.2. 71 Page 31 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 7.3.7. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Owner or Engineer of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.8. A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.9. If the Contractor does not respond or disagrees with the method for adjustment in the Contract Sum in writing within seven (7) calendar days, the method and the adjustment made shall be determined by the Owner on the basis of reasonable expenditures and/or savings of those performing the Work directly attributable to the change including, in the case of an increase in the Contract Sum, plus an allowance for overhead and profit as listed under Subparagraph 7.2.2. In such case, and also under Clause 7.3.4.3, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.9 shall be limited to the following: 7.3.9.1. costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance as determined by the Prevailing Wage Schedules referenced in the Contract Documents; 7.3.9.2. costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; 7.3.9.3. rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; 7.3.9.4. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and, 7.3.9.5. additional costs of field supervision and field office personnel directly attributable to the change. 7.3.10. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.11. Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. 7.3.12. When the Owner and Contractor agree with the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. 7.4. MINOR CHANGES IN THE WORK 7.4.1. The Owner will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 72 Page 32 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 8. ARTICLE 8 – TIME 8.1. DEFINITIONS 8.1.1. Time is of the essence in performance, coordination, and completion of the Work contemplated herein. The Owner may suffer damages if the Work is not completed as specified herein. When any duration or time period is referred to in the Contract Documents by days, the first day shall be determined as the day following the current day of any event or notice starting a specified duration. 8.1.2. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.3. The date of commencement of the Work is the date established in the NOTICE TO PROCEED AS ISSUED BY THE OWNER. 8.1.4. The date the Contractor reaches Substantial Completion is the date certified by the Owner in accordance with Paragraph 9.8. 8.1.5. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.6. Liquidated Damages. The Contractor acknowledges that the Owner will sustain damages as a result of the Contractor’s failure to substantially complete the Project in accordance with the Contract Documents. These damages may include, but are not limited to delays in completion, use of the Project, engineering costs to complete the Project, and costs associated with Contract administration and use of temporary facilities. The Contractor and the Owner acknowledge that the actual amount of damages would be difficult to determine accurately and agree that that the following liquidated damages figure represents a reasonable estimate of such damages and is not a penalty: 8.1.6.1 The Contractor and his surety shall be liable for and shall pay to the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: One Thousand Dollars ($1000.00). 8.1.7. The Contractor shall not be charged liquidated or actual damages when delay in completion of the Work is due to: 8.1.7.1. Any preference, priority or allocation order issued by the government; 8.1.7.2. Unforeseeable cause beyond the control and without the fault or negligence of the Contractor, such as acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. All such occurrences resulting in delay must be documented and approved by Change Order; or, 8.1.7.3. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in 8.1.7.1 and 8.1.7.2 of this article. 8.1.8. The Contractor is completely obligated and responsible to provide written notice of each day of delay as provided for in Paragraph 4.3. If delays to the Project are encountered for any reason, the Contractor and Owner shall collaborate and mutually take reasonable steps to mitigate the effects of such delays, regardless of cause or fault. In order to mitigate the effects of delays, it is incumbent upon and the responsibility of the Contractor to provide notification of delays as provided in Paragraph 3.10.8. The Owner may require the Contractor to accelerate its Work or Services by increasing workers and equipment, working overtime, or scheduling additional shifts. If the Contractor is behind schedule for reasons other than delays beyond the control of both parties as provided in Paragraph 4.5.3.5 or compensable delays, the acceleration costs will be borne by the Contractor who may allocate 73 Page 33 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 Contractor’s Contingency in payment of such costs. If the Contractor is directed to accelerate to overcome an Owner-caused delay that would otherwise entitle the Contractor to an extension of the Contract Time and/or additional compensation, then the corresponding cost increase of acceleration shall be attributable to the Owner. 8.1.9. Contract Time. All work shall reach Substantial Completion (or Final Acceptance) by the date fixed in the Contract. 8.2. PROGRESS AND COMPLETION 8.2.1. Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2. The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the date on the Notice to Proceed and in no case prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.2.4. If the Contractor falls behind the latest construction schedule by more than 14 calendar days through its own actions or inaction, neglect, inexperience, lack of oversight and management of the Work including that of any Subcontractors, written notice to the Owner, Engineer and GC/CM shall be provided within three (3) days with explanation of how the Contractor intends to get back on schedule. Response to getting back on schedule consists of providing a sufficient number of qualified workers and/or proper materials or an acceptably reorganized schedule to regain the lost time in a manner acceptable to the Owner. 8.2.5. Completion of the work within the stated time and/or by the date stated on the Notice to Proceed is of the essence of this Contract and failure to complete, without approved time extension, may be considered default of the Contract. At the time for completion as stated on the Notice to Proceed or as extended by approved change order, if the work is not substantially complete, the Owner may notify the Contractor and the Contractor’s surety company in writing of the recourse the Owner intends to take, within the Contract, to assess liquidated damages and /or cause the Work to be completed. 8.3. DELAYS AND EXTENSIONS OF TIME 8.3.1. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, or of Owner’s employees, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation or other alternative dispute resolution, or by other causes which may justify delay (“Excusable Delay”), then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. 8.3.2. Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3. This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. 9. ARTICLE 9 – PAYMENTS AND COMPLETION 74 Page 34 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 9.1. CONTRACT SUM 9.1.1. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2. SCHEDULE OF VALUES 9.2.1. Before the first Application for Payment, the Contractor shall submit to the Owner a schedule of values allocating the entire Contract Sum to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3. APPLICATIONS FOR PAYMENT 9.3.1. The Contractor shall submit to the Owner itemized Applications for Payment for Work completed on a monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment must be consistent with the Schedule of Values. Such application shall be signed and supported by such data substantiating the Contractor's right to payment as the Owner may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. 9.3.2. The form of Application for Payment must be mutually agreed to by the Owner and Contractor. The application must be supported by sufficient data to demonstrate the Contractor’s right to payment and compliance with the payment provisions of the Contract to the satisfaction of the Owner, such as copies of requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other documents. Each Application for Payment must reflect approved Contract Modifications and the Contract retainage provided for in the Contract Documents. 9.3.3. As provided in Subparagraph 7.3.11, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.4. Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier. 9.3.5. Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.6. The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.3.7. Until the Work is complete, the Owner will pay 95% of the amount due the Contractor on account of progress payments. For purposes of this section, “complete” shall mean (a) the Contractor has fully 75 Page 35 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 performed the Contract; (b) the Contractor has completed all Punch List items to the satisfaction of the Owner; (c) the Contractor has delivered to the Owner all Project close-out documents in duplicate; and (d) the applicable governmental authorities have issued to the Owner the final use and occupancy permit for the Project. 9.3.7.1. If the Work and its progress are not in accordance with all or any part, piece, or portion of the Contract Documents, the Owner may, at its sole discretion and without claim by the Contractor, increase the amount held as retainage to whatever level deemed necessary to effectuate performance and progress of the Work, for anticipated repairs, warranties or completion of the Work by the Contractor or through the letting of other contracts. The Contractor will not be entitled to additional costs, expenses, fees, time, and such like, in the event the Owner increases the amount held as retainage due to non-compliance and/or non-performance with all or any part, piece, or portion of the Contract Documents. 9.3.7.2. Prior to the first Application for Payment, the Contractor shall submit the following information on the appropriate forms: 9.3.7.2.1.Schedule of Values: This form shall contain a breakdown of the costs associated with the various portions of the Work and shall be the basis for the progress payments to the Contractor. 9.3.7.2.2. Project/Progress Schedule: If no Schedule (or revised Schedule) is provided with each and every Application for Payment, the Owner may return the pay request, or hold it, and may choose not pay for any portion of the Work until the appropriate Schedule, indicating all changes, revisions and updates, is provided. No claim for additional costs or interests will be made by the Contractor or any subcontractor on account of holding or non-payment of the Periodic Estimate for Partial Payment request. 9.3.7.3. The Contractor may submit obligations/securities in a form specified in 18-1-301 Montana Code Annotated (MCA) to be held by a Financial Institution in lieu of retainage by the Owner. The Owner will establish the amount that would otherwise be held as retainage. Should the Contractor choose to submit obligations/securities in lieu of retainage, the Owner will require the Financial Institution to execute the Owner’s Account Agreement for Deposit of Obligations Other Than Retainage on such form as shall be acceptable to the City Attorney prior to submission of any obligations/securities in accordance with 18-1-302 MCA. The Contractor must extend the opportunity to participate in all obligations/securities in lieu of retainage on a pro rata basis to all subcontractors involved in the project and shall be solely responsible for the management and administration of same. The Owner assumes no liability or responsibility from or to the Contractor or Subcontractors regarding the latter’s participation. 9.3.7.4. In the Application for Payment, the Contractor must certify in writing that, in accordance with contractual arrangements, Subcontractors and suppliers (a) have been paid from the proceeds of previous progress payments; and (b) will be paid in a timely manner from the proceeds of the progress payment currently due. In the event the Contractor has not paid or does not pay as certified, such failure constitutes a ground for termination under Section 14.2, unless Owner agrees in Owner’s sole discretion that Contractor has a reasonable basis for not having made the payment. 9.4. PROGRESS PAYMENTS 9.4.1. The Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.4.2. The Contractor shall promptly pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which said Subcontractor is entitled, reflecting percentages 76 Page 36 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.4.3. The Contractor is prohibited from holding higher amounts in retainage on any Subcontractor than the Owner is holding from the Contractor. 9.4.4. Owner shall not have an obligation to pay, or to see to the payment of, money to a Subcontractor except as may otherwise be required by law. 9.4.5. Contractor payment to material suppliers shall be made timely by Contractor. 9.4.6. Payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.4.7. A one percent (1%) Montana Gross Receipts Tax will be withheld from all payments to the Contractor in accordance with 15-50-205, et seq., MCA. The Contractor shall be responsible for withholding the 1% gross receipts tax from payments made by the Owner to the Contractor for Work performed by Subcontractors and the Contractor will file and transmit the necessary forms to the Montana Department of Revenue attendant to such subcontracts within ten (10) days of the award of the subcontract. All amounts withheld for the 1% gross receipts tax are in addition to any retainage amounts otherwise authorized under the Agreement. 9.5. SUBSTANTIAL COMPLETION 9.5.1. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.5.2. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is Substantially Complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected (“Punch List”) prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.5.3. In addition to the Punch List, the Contractor must submit the following with its request for a determination of Substantial Completion: a. A use and occupancy permit; b. final test reports as required by the Contract and certificates of inspection and approval required for use and occupancy; c. Fire Inspection or report; d. approvals from, and transfer documents for, all utilities; e. Warranties and Guarantees and provided in this Contract; and f. schedule to complete the Punch List and value of Work not yet complete. 9.5.4. Upon receipt of the Contractor's Punch List, the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's Inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall complete or correct such item upon notification by the Owner. 77 Page 37 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 9.5.5. The Contractor shall ensure the project is Substantially Complete prior to requesting any inspection by the Owner so that no more than one (1) inspection is necessary to determine Substantial Completion for all or any portion of the Work. If the Contractor does not perform adequate inspections to develop a comprehensive list as required in Subparagraph 9.8.2 and does not complete or correct such items upon discovery or notification, the Contractor shall be responsible and pay for the costs of the Owner’s additional inspections to determine Substantial Completion. Prior to the inspection, the Contractor shall complete the final clean-up of the Project site which, unless otherwise stated in the Contract Documents, shall consist of: 9.5.5.1 Removal of all debris and waste. All construction debris and waste shall be removed from the campus grounds. Use of the Owner trash containers will not be permitted; 9.5.5.2 Removal of all stains, smears, marks of any kind from surfaces including existing surfaces if said damage is the result of the work; and, 9.5.5.3 Removal of all temporary structures and barricades. 9.5.6. When the Owner determines that the Work or designated portion thereof is Substantially Complete, the Contractor shall finish and complete all remaining items within thirty (30) calendar days. The Owner shall identify and fix the time for completion of specific items which may be excluded from the thirty (30) calendar day time limit. Failure to complete any items within the specified time frames may be deemed by the Owner as default of the Contract on the part of the Contractor. 9.5.7. To the extent provided in the Contract Documents, the Owner, upon occupation by the Owner of the Work in accordance with Section 9.9, will assume responsibility for security, operation, safety, maintenance, heat, utilities, damage to the Work (other than damage caused by the Contractor) and insurance. 9.5.8. Upon Substantial Completion, the Contractor will deliver custody and control of such Work to the Owner. The Owner will thereafter provide the Contractor reasonable access to such Work to permit the Contractor to fulfill the correction, completion and other responsibilities remaining under the Contract. 9.5.9. At the time of Substantial Completion, in addition to removing rubbish and leaving the building “broom clean,” the Contractor must replace any broken or damaged materials, remove stains, spots, marks and dirt from decorated Work, clean all fixtures, vacuum all carpets and wet mop all other floors, replace HVAC filters, clean HVAC coils, and comply with such additional requirements, if any, which may be specified in the Contract Documents. 9.6. PARTIAL OCCUPANCY OR USE 9.6.1. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion Substantially Complete, the Contractor shall prepare and submit a list to the Owner as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor. 9.6.2. Immediately prior to such partial occupancy or use, the Owner and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition 78 Page 38 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.6.3. Any agreement as to the acceptance of Work not complying with the requirements of the Contract Documents shall not be valid unless in writing. Unless otherwise agreed upon in writing, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.7. FINAL COMPLETION AND FINAL PAYMENT 9.7.1. When the Contractor has completed or corrected all items on the final Punch List and considers that the Work is complete and ready for final acceptance, the Contractor must give written notice to the Owner and request a final inspection of the Work as provided in Section 9.7.2. The Contractor’s notice and request for final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 9.7.3. 9.7.2. Upon receipt of Contractor’s written notice that the Work is ready for final inspection and acceptance and when the Owner determines that the Work has been fully completed and is acceptable under the Contract Documents, Owner will arrange for final payment. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the Owner that the Work has been completed in accordance with the terms and conditions of the Contract Documents. If the Owner determines the work has not been completed in accordance with the terms and conditions of the Contract Documents, the Contractor must bear the reasonable cost of any additional services of the Owner until the Work is determined to be finally complete. 9.7.3. Neither final payment nor any remaining retainage shall become due until the Contractor submits: 9.7.3.1 an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; 9.7.3.2 a release or waiver of all claims except those that are pending. Notwithstanding applicable Montana law, if any liens have been filed Contractor shall release, waive or indemnify Owner therefrom; 9.7.3.3 a certificate evidencing that the Contractor’s liability insurance and Performance Bond required by the Contract Documents remain in effect during the two-year correction period following Substantial Completion as set forth in Section 12.2.2.1 and 12.2.2.2, and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; 9.7.3.4 a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; 9.7.3.5 Consent of Surety Company to Final Payment or other form prescribed by the Owner; and, 9.7.3.6 if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner; 9.7.3.7 a certified building location survey and as-built site plan in the form and number required by the Contract Documents; 9.7.3.8 all warranties and bonds required by the Contract Documents; 79 Page 39 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 9.7.3.9 Record Documents as provided in Section 3.11; 9.7.3.10 Attic stock items as required by the Contract Documents; and 9.7.3.11 documentation of approval by all authorities having jurisdiction that all necessary permits and licenses have been issued in the name of the Owner as to allow closeout and satisfaction of all requirements including the submission of acceptable as-built drawings and other required documents. 9.7.3.12 final, approved operating and maintenance manuals; and 9.7.3.13 all documents and verification of training required in accordance with any Commissioning Plan. 9.7.4. The Contractor and his surety accepts and assumes responsibility, liability, and costs for and agrees to defend and hold harmless the Owner for and against any and all actions as a result of the Owner making final payment. 9.7.5. The Contractor and his surety certify and declare that all bills for materials, supplies, utilities and for all other things furnished or caused to be furnished by the Contractor and all Subcontractors and used in the execution of the Contract will be fully paid upon receipt of Final Payment and that there are no unpaid obligations, liens, claims, security interests, encumbrances, liabilities and/or demands of State Agencies, subcontractors, suppliers, mechanics, laborers or any others resulting from or arising out of any work done, caused to be done or ordered to be done by the Contractor under the Contract. 9.7.6. The date of Final Payment by the Owner shall constitute Final Acceptance of the Work. The determining date for the expiration of the warranty period shall be as specified in Paragraphs 3.5 and 12.2.2. 9.7.7. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Contractor, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.7.8. Acceptance of final payment by the Contractor, a Subcontractor, or material supplier, shall constitute a waiver of any and all obligations, liens, claims, security interests, encumbrances and/or liabilities against the Owner except those previously made in writing per the requirements of Paragraph 4.3 and as yet unsettled at the time of submission of the final Application for Payment. 9.7.9. The Owner’s issuance of Final Payment does not constitute a waiver or release of any kind regarding any past, current, or future claim the Owner may have against the Contractor and/or the surety. 10. ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY 10.1. SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall maintain on site a 80 Page 40 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 material safety data sheet on all chemicals and potentially hazardous materials brought on site by the Contractor or any subcontractor, supplier, or employee or agent of a subcontractor or supplier, including but not limited to paints, thinners, glues, mastics and solvents. The safety data sheets will be provided to the Owner upon Final Completion. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor must take reasonable precautions for the safety of, and must provide reasonable protection to prevent damage, injury or loss to: 10.2.1.1All persons at the Site and other persons who may be affected by the Work or other operations of the Contractor; 10.2.1.2 the Work and materials and equipment to be incorporated therein or otherwise utilized in the performance of the Contract, whether in storage on or off the Site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and 10.2.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor must repair and/or replace that portion of the work and any materials or equipment to be incorporated therein and any tools or equipment of the Contractor necessary or beneficial to performance of the Work which are damaged or stolen due to vandalism, theft or any other criminal mischief at its expense whether or not covered by insurance. No increase in the Contract Sum will be granted to the Contractor as a consequence of any delay, impacts or inefficiencies resulting from any act of vandalism, theft or other criminal mischief whether or not caused or contributed to by the Contractor’s negligence. The Parties may agree to an extension of Contract Time in such circumstances as they agree is appropriate. 10.2.3 The Contractor must implement and maintain, as required by the Contract Documents, applicable laws and regulations and orders of public authorities having jurisdiction (without limitation OSHA and State of Montana safety agencies and authorities), manufacturers’ instructions or recommendations, existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including issuing appropriate notices, distributing material safety data sheets and other hazard communication information, providing protective clothing and equipment, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.5 The Contractor must not load nor permit any part of any structure at the Site to be loaded or subjected to stresses or pressures so as to endanger its safety or that of adjacent structures or property. 10.2.6 The Contractor shall reject the use of any Hazardous Material in the construction of the Project, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. It is the Owner's intent to design, specify and approve only materials and products for this Project that are free of such hazardous material. If the Contractor becomes aware of that any Subcontractor, material supplier or manufacturer intends to supply or install products or services for the Project that contain such materials, the Contractor shall promptly notify the Owner, Engineer and GC/CM in writing. Further, if any such materials are discovered in the course of the construction, the Contractor shall notify the Owner, Engineer and GC/CM immediately. Construction Manager shall comply with all 81 Page 41 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City of Bozeman ordinances. When explosives or other hazardous materials or equipment are stored or used or unusual methods are employed in the performance of the Work, the Contractor must exercise utmost care and conduct such activities under supervision of properly qualified personnel. 10.2.7 If either party suffers injury or damage to person or property because of an act or omission of the other party, or of any of the other party’s employees or agents, or of others for whose acts it is contended that the other party is liable, written notice of such injury or damage, whether or not insured, must be given to the other party within a reasonable time not exceeding twenty-one (21) days after the onset or occurrence of such damage or injury or such shorter time as may be required by the Occupational Safety Hazards Administration (OSHA). The notice must provide sufficient detail to enable the other party to investigate the matter. If notice is not received within the time specified, any claim arising from the occurrence will be deemed to be conclusively waived, except to the extent of any applicable insurance (excluding self-insurance) coverage covering such occurrence. The provisions of this Section may not be used by the Contractor in lieu of the requirements of Article 7 when the Contractor is seeking an adjustment in the Contract Sum and are in addition to the requirements of Article 8 when the Contractor is seeking an adjustment in the Contract Time. 10.2.8 The Contractor must promptly remedy, at its sole cost and expense, damage and loss to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable, unless otherwise instructed in writing by the Owner. This obligation is in addition to, and not in limitation of, the Contractor’s obligations for indemnification under Section 3.18 and the Contractor’s responsibility to repair and or replace that portion of the Work and any materials and equipment to be incorporated therein which are damaged as a result of criminal mischief as specified in Section 10.2.2. 10.2.9 The Contractor shall designate a responsible member of the Contractor’s organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner. 10.3 HAZARDOUS MATERIALS 10.3.1 A “Hazardous Environmental Condition” means the presence at the Site of asbestos, PCBs, Petroleum, Hazardous Waste (as defined in Section 1004 of the Solid Waste Disposal Act, 42 SUSC Section 6903, as amended), or radioactive material (“Hazardous Materials”), in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 10.3.2 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. In the event the Contractor encounters on the Site material reasonably believed to be a Hazardous Material (other than those for which the Contractor may have specific responsibility for remediation under the Contract), and the Contractor’s reasonable precautions will be inadequate to prevent foreseeable damage or injury and the Contractor cannot proceed with the Work in the absence of the removal, containment or remediation of the Hazardous Material, the Contractor must immediately stop Work in the area affected and report the condition to the Owner, Engineer and GC/CM immediately upon discovery, followed by notice in writing within 24 hours of discovery. 10.3.3 Upon receipt of notice of suspected Hazardous Materials, Owner will cause an investigation to be made to verify the presence and extent of such materials, to determine whether such materials are in fact hazardous, and the steps necessary for their removal, containment or remediation. Owner shall be responsible for the cost of any such investigation, removal, containment or remediation. 82 Page 42 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 10.3.4 If the Owner’s investigation confirms the presence of Hazardous Materials which present a risk of injury or damage which will not be adequately protected against by the Contractor’s reasonable precautions, then the Work in the affected area must not thereafter be resumed except at the written direction of the Owner. The Work in the affected area will be resumed promptly (i) in the absence of a finding of Hazardous Material by the Owner, (ii) upon the removal, containment or remediation of the Hazardous Materials, or (iii) upon the establishment of appropriate safety precautions. 10.3.5 The Contractor may request a change in the Contract Sum or Contract Time if the Contractor incurs additional costs on account of or is delayed by the Owner’s work to remove, contain or remediate Hazardous Materials which has not been rendered harmless at the Site unless the Contractor is responsible for same under the Contract. Any such requested change in the Contract Sum or Contract Time must be made in writing within ten (10) days of discovery of any Hazardous Materials, which has not been rendered harmless giving rise to the request for the change and must fully comply with Articles 7, 8, and 15 or any claim will be deemed conclusively waived by the Contractor. 10.3.5 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the Site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. 10.3.6 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Owner from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, attorneys, and other professionals and all court, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible, except to the extent such claims are due to the Owner’s fault or negligence. 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor must take all necessary action, without the necessity for any special instruction or authorization from the Owner, to prevent threatened damage, injury or loss. The Contractor must promptly, but in all events within twenty-four (24) hours of the emergency, report such action in writing to the Owner. If the Contractor incurs additional costs on account of or is delayed by such emergency, the Contractor may request a change in the Contract Sum or Contract Time to account for such additional costs or delay in accordance with Articles 7, 8 and 15. The Contractor must file any such request within ten (10) days of the emergency or it is deemed waived. Any adjustment in the Contract Sum or Contract Time shall be limited to the extent that the emergency work is not attributable to the fault or neglect of the Contractor or otherwise the responsibility of the Contractor under the Contract Documents. 10.5. UTILITIES 10.5.1. Underground Utilities: Buried utilities, including, but not limited to, electricity, gas, water, telephone, sewer, broadband coaxial computer cable, and fiber optic cables are very vulnerable and damage could result in loss of service. 10.5.2. "One Call” must be notified by phone and in writing at least 72 hours (3 business days) prior to digging to arrange and assist in the location of buried utilities in the field. (Dial 811). The Contractor shall mark the boundary of the work area. The boundary area shall be indicated with white paint and white flags. In winter, pink paint and flags will be accepted. 10.5.3. After buried utilities have been located, the Contractor shall be responsible for any utilities damaged while digging. Such responsibility shall include all necessary care including hand digging. 83 Page 43 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 Contractor’s responsibility shall also include maintaining markings after initial locate. The area for such responsibility, unless otherwise indicated, shall extend 24 inches to either side of the marked center line of a buried utility line. 10.5.4. The Contractor's responsibility shall include repair or replacement of damaged utilities. The Contractor will also be responsible for all costs associated with reterminations and recertification. 10.5.5. Any buried utilities exposed by the operations of the Contractor shall be marked on the plans and adequately protected by the Contractor. If any buried utilities not located are exposed, the Contractor shall immediately contact the Owner, Engineer and GC/CM. If, after exposing an unlocated buried utility, the Contractor continues digging without notifying Owner, Engineer and GC/CM and further damages the utility, the Contractor will be fully and solely responsible. 10.5.6. Damage to irrigation systems during seasons of no irrigation that are not immediately and adequately repaired and tested will require the Contractor to return when the system is in service to complete the repair. 11. ARTICLE 11 - INSURANCE AND BONDS 11.1. CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall carry and maintain, as part of the Contract Sum, the following insurance coverage insuring the Owner and Project while under construction and all material and supplies purchased in connection with the construction of the Project against all risks and losses. Contractor shall give Owner immediate notice of any material reduction, cancellation, termination or non-renewal of the insurance required by this Section 11.1. Any company writing this insurance shall at all times be licensed and qualified to do business in the State of Montana. Contractor’s insurance shall be primary and non- contributory. Such insurance shall include: 11.1.1.1 Commercial General Liability with a minimum limit of liability of Ten Million Dollars ($10,000,000), for bodily injury and property damage coverage per occurrence including the following coverages: Contractual Liability; Premises and Operations; Independent Contractors; Personal Injury; Products and Completed Operations; and explosion, collapse and underground event. The policy must name the City of Bozeman as additional insureds. 11.1.1.2 Automobile Liability Insurance of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence to include coverage for owned, non-owned, hired motor vehicles, and automobile contractual liability. Coverage for underinsured/uninsured motorists shall be for not less than One Million Dollars ($1,000,000). The policy must name Gallatin County and the City of Bozeman as additional insureds. 11.1.1.3 Worker’s Compensation/Employer’s Liability meeting all statutory requirements of the State of Montana and with the following minimum Employers’ Liability limits: bodily injury by accident – One Million Dollars ($1,000,000) each accident; bodily injury by disease – One Million Dollars ($1,000,000) policy limits; and bodily injury by disease – One Million Dollars ($1,000,000) each employee. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy including additional insureds endorsement shall have been filed with the Owner. The insurance requirements of this Section 11.1 shall also apply in full to all Subcontractors hired to perform the Work, provided Contractor and Owner may mutually agree in writing to different coverage limits for Subcontractor(s). 84 Page 44 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until two years after the date of Substantial Completion, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance and upon request by Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.7.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the City of Bozeman as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the City of Bozeman as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. 11.2 OWNER’S LIABILITY INSURANCE The City shall maintain coverage for its risks through the Montana Municipal Interlocal Authority. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Montana, property insurance written on a Installation Floater policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. 11.3.1.1 Property insurance shall be on an “all-risk” policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Contractor’s services and expenses required as a result of such insured loss. The Parties may mutually agree in writing to separate limits for insurance covering the risk of flood and/or earthquake. 11.3.1.2 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. 85 Page 45 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 11.3.1.3 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 11.3.1.4 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.3.5 If Asbestos Abatement is identified as part of the Work under this contract, the Contractor or any subcontractor involved in asbestos abatement shall purchase and maintain Asbestos Liability Insurance for coverage of bodily injury, sickness, disease, death, damages, claims, errors or omissions regarding the asbestos portion of the work in addition to the CGL Insurance by reason of any negligence in part or in whole, error or omission committed or alleged to have been committed by the Contractor or anyone for whom the Contractor is legally liable. Such insurance shall be in “per occurrence” form and shall clearly state on the certificate that asbestos work is included in the following limits: $1,000,000 per occurrence; aggregate limit of $2,000,000. Asbestos Liability Insurance as carried by the asbestos abatement subcontractor in these limits in lieu of the Contractor’s coverage is acceptable provided the Contractor and the City of Bozeman are named as additional insureds and that the abatement subcontractor’s insurance is PRIMARY as respects both the Owner and the Contractor. If the Contractor or any other subcontractor encounters asbestos, all operations shall be suspended until abatement with the associated air monitoring clearances are accomplished. The certificate of coverage shall be provided by the asbestos abatement subcontractor to both the Contractor and the Owner. 11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Owner. 11.3.7 A loss insured under the Owner’s property insurance shall be adjusted by the Owner and made payable to the Owner, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by 86 Page 46 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.4 PERFORMANCE BOND AND LABOR & MATERIAL PAYMENT BOND (BOTH ARE REQUIRED ON THIS PROJECT) 11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond meeting all statutory requirements of the State of Montana, in form and substances satisfactory to the Owner and, without limitation, complying with the following specific requirements: 11.4.1.1 Except as otherwise required by statute, the form and substance of such bond(s) shall be satisfactory to the Owner in the Owner’s sole judgment. 11.4.1.2 Bond(s) shall be executed by a responsible surety licensed in Montana and listed in the latest U.S. Dept. of Treasury Circular #570, with a Best’s rating of no less than A/XII. Said bonds shall remain in effect through the warranty period, and until all of the Contractor’s obligations to the Owner are fulfilled. 11.4.1.3 The Performance Bond and the Labor and Material Payment Bond shall be in an amount equal to or exceeding one hundred percent (100%) of the Contract Sum. 11.4.1.4 The Contractor shall require the attorney-in-fact who executes the required bond(s) on behalf of the surety to affix thereto a certified and current copy of his power of attorney indicating the monetary limit of such power. 11.4.1.5 Every Bond under this Paragraph 11.4.1 must display the Surety’s Bond Number. A rider including the following provision shall be attached to each Bond: (1)Surety agrees that it is obligated under the bond(s) to any successor, grantee or assignee of the Owner. 11.4.1.6 The City of Bozeman shall be named as obligee on the bonds. The Contractor shall deliver the required bonds to the Owner not later than three (3) days following the date the Guaranteed Maximum Price Amendment is executed and prior to the commencement of the Construction Phase. Premiums for all bonds shall be part of the Contract Sum. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. 11.4.3 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary, obtain the surety’s consent to, or waiver of: (a) notice of changes in the Work; (b) request for reduction or release of retention; (c) request for final payment; and (d) any other material required by the surety. The Owner may, in the Owner’s sole discretion, inform surety of the progress of the Work and obtain consents as necessary to protect the Owner’s rights, interest, privileges and benefits under and pursuant to any bond issued in connection with the Work. 12. CORRECTION OF WORK 12.1. BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.1.1. The Contractor shall promptly correct Work that fails to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections made necessary thereby, shall be at the Contractor's expense. The Contractor is responsible to discover and correct all defective work and shall not rely upon the Owner’s observations. 87 Page 47 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 12.1.2 Rejection and Correction of Work in Progress. During the course of the Work, the Contractor shall inspect and promptly reject any Work that: 12.1.2.1. does not conform to the Construction Documents; or, 12.1.2.2. does not comply with any applicable law, statute, building code, rule or regulation of any governmental, public and quasi-public authorities, and agencies having jurisdiction over the Project. 12.1.3. The Contractor shall promptly correct or require the correction of all rejected Work, whether observed before or after Substantial Completion. The Contractor shall bear all costs of correcting such Work, including additional testing, inspections, and compensation for all services and expenses necessitated by such corrective action. 12.2. AFTER SUBSTANTIAL COMPLETION AND AFTER FINAL ACCEPTANCE 12.2.1.In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Paragraph 2.3. 12.2.2. The Contractor shall remedy any and all deficiencies due to faulty materials or workmanship and pay for any damage to other work resulting there from, which shall appear within the period of Substantial Completion through one (1) year from the date of Substantial Completion in accordance with the terms and conditions of the Contract and with any special guarantees or warranties provided in the Contract Documents. The Owner shall give notice of observed deficiencies with reasonable promptness. All manufacturer, product and supplier warranties are in addition to this Contractor warranty. 12.2.3.The Contractor shall respond within seven (7) days after notice of observed deficiencies has been given and he shall proceed to immediately remedy these deficiencies. 12.2.4. Should the Contractor fail to respond to the notice or not remedy those deficiencies; the Owner shall have this work corrected at the expense of the Contractor. 12.2.5. Latent defects shall be in addition to those identified above and shall be the responsibility of the Contractor per the statute of limitations for a written contract (27- 2-208 MCA) starting from the date of Final Acceptance. 12.2.6. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.2.7. The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.8. The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 88 Page 48 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 12.2.9. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.10.Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3. ACCEPTANCE OF NONCONFORMING WORK 12.3.1. If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13. ARTICLE 13 - MISCELLANEOUS PROVISIONS 13.1. GOVERNING LAW The Contract shall be governed by the laws of the State of Montana and venue for all legal proceedings shall be the Eighteenth Judicial District, Gallatin County. 13.2. SUCCESSORS AND ASSIGNS The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempt to make such assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3. WRITTEN NOTICE Written notices are to be provided to the representatives of the parties designated in this Contract. Written notices are deemed to have been duly served if delivered in person to the addressee for whom it was intended, or if delivered by electronic mail, fax, certified mail, or overnight courier. The date of any notice is deemed to be the date of personal delivery, fax, or electronic mail; one day after delivery to the overnight courier; and three days after mailing by certified mail. 13.4. RIGHTS AND REMEDIES 13.4.1. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2. No action or failure to act by the Owner or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 89 Page 49 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 13.5. TESTS AND INSPECTIONS 13.5.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give timely notice of when and where tests and inspections are to be made so that the Owner, Engineer or GC/CM may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after negotiations concluded. 13.5.2. If the Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Owner will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice of when and where tests and inspections are to be made so that the Owner, Engineer or GC/CM may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3 shall be at the Owner's expense. 13.5.3. If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures shall be at the Contractor's expense. 13.5.4. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor. 13.5.5. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6. INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7. COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1. As between the Owner and Contractor: 13.7.1.1.Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; 13.7.1.2. Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and, 13.7.1.3. After Final Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the 90 Page 50 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 13.8. DOCUMENT RETENTION AND AUDIT PROVISIONS Contractor shall account for all materials, equipment and labor entering into the Work and must keep such full and detailed records as may be necessary for proper financial management pursuant to the Contract Documents for a period of five (5) years after final payment. Furthermore, the Owner has the right to examine the Contractor’s and its Subcontractors’ and suppliers’ records directly or indirectly pertaining or relating to the Work or the Contract and the Contractor must grant the Owner access to and an opportunity to copy such records at all reasonable times during the Contract period and for five (5) years after final payment. 14. ARTICLE 14 – TERMINATION OR SUSPENSION OF THE CONTRACT 14.1. TERMINATION BY THE CONTRACTOR 14.1.1. The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: 14.1.1.1. issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; or, 14.1.1.2. an act of government, such as a declaration of national emergency which requires all Work to be stopped. 14.1.2. The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 1.4.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. 14.1.3. If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead and profit but not damages. 14.1.4. If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. 14.2. TERMINATION BY THE OWNER FOR CAUSE 14.2.1. The Owner may terminate the Contract if the Contractor: 14.2.1.1. repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 91 Page 51 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 14.2.1.2. fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 14.2.1.3. fails to comply with any laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 14.2.1.4. Fails to perform the Work in accordance with the Contract Documents or otherwise materially breaches any provision of the Contract Documents; 14.2.1.5. Anticipatorily breaches or repudiates the Contract; or 14.2.1.6.Fails to make satisfactory progress in the prosecution of the Work required by the Contract. 14.2.2. The Owner may terminate the Contract, in whole or in part, whenever the Owner determines in good faith that sufficient cause for termination exist as provided in Subsection 14.2.1. The Owner will provide the Contractor with a written ten (10) day notice to cure the default. If the default is not cured, the termination for default is effective on the date specified in the Owner’s written notice. However, if the Owner determinates that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the Owner may terminate the Contract immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or the Contract, the Contractor must compensate the Owner for additional costs actually incurred by the Owner to obtain substitute performance. Following written notice for the Owner of termination, the Owner may, subject to any prior rights of the surety: 14.2.2.1. take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 14.2.2.2. accept assignment of subcontracts pursuant to Paragraph 5.4; and, 14.2.2.3. finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3. Upon receipt of written notice from the Owner of termination, the Contractor must: 14.2.3.1 Cease operations as directed by the Owner in the notice and, if required by the Owner, reasonably cooperate in an inspection of the Work with the Owner to record the extent of completion thereof, to identify the Work remaining to be completed or corrected; 14.2.3.2 Complete or correct the items directed by the Owner, and take actions necessary, or that the Owner may direct, for the protection and preservation of any stored materials and completed Work; 14.2.3.3 Remove its tools, equipment and construction machinery from the Site; and 14.2.3.4 Except as directed by the Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts or purchase orders. 14.2.4. When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.5. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. 92 Page 52 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 14.2.6. If the Contractor files for protection, or a petition is filed against it, under the Bankruptcy laws, and Contractor wishes to affirm the Contract, Contractor shall immediately file with the Bankruptcy Court a motion to affirm the Contract and shall provide satisfactory evidence to Owner and to the Court of its ability to cure all present defaults and its ability to timely and successfully complete the Work. If Contractor does not make such an immediate filing, Contractor accepts that Owner shall petition the Bankruptcy Court to lift the Automatic Stay and permit Owner to terminate the Contract. 14.3. SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2. The Contract Sum and Contract Time shall be equitably adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 14.3.2.1. that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or, 14.3.2.2. that an equitable adjustment is made or denied under another provision of the Contract. 14.4. TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1. The Owner may, at any time, terminate the Contract or any portion thereof or of the Work for the Owner's convenience and without cause. 14.4.2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: 14.4.2.1. cease operations as directed by the Owner in the notice and, if required by the Owner, participate in an inspection of the Work with the Owner to record the extent of completion thereof, to identify the Work remaining to be completed or corrected; 14.4.2.2. Complete or correct the items directed by the Owner, and take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; 14.4.2.3. Remove its tools, equipment and construction machinery from the Site; and 14.4.2.4. Except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 Following written notice from the Owner of termination, the Owner may: 14.4.3.1 Take possession of the Site and of all materials for which the Owner has paid; 14.4.3.2 Accept assignment of subcontracts and purchase orders; and 14.4.3.3 Complete the Work by whatever reasonable method the Owner may deem expedient. 14.4.4. In case of such termination for the Owner's convenience, the Contractor shall be entitled to compensation only for the following items: 14.4.4.1 Payment for acceptable Work performed up to the date of termination, including Contractor’s fee; 14.4.4.2 The costs of preservation and protection of the Work if requested to do so by the Owner; 93 Page 53 of 53 General Conditions of the Construction Contract – Bozeman Sports Park Field 13 14.4.4.3 The cost of terminating the following contracts including: (i.) Purchased materials but only if not returnable and provided to the Owner, or the restocking or return charge, if any, if returnable at the Owner’s written election; (ii.) Equipment rental contracts if not terminable at no cost but not to exceed an amount equal to thirty (30) days rental; 14.4.4.4 Documented transportation costs associated with removing Contractor-owned equipment; and 14.4.4.5 Documented demobilization and close-out costs. The Contractor will not be compensated for the cost of terminating subcontracts, which must be terminable at no cost to the Owner if the Contract is terminated, except for those costs listed in Section 14.4.4.1 through 14.4.4.5. If the Owner and the Contractor are unable to agree upon the amounts specified in this subsection, the Contractor may submit a Claim as provided in Section 4.3. The Claim must be limited to resolution of the amounts specified in Subsections 14.4.4.1, 14.4.4.2, 14.4.4.3, 14.4.4.4, and 14.4.4.5 of this Subsection 14.4.4. No other cost, damages or expenses may be claimed or paid to the Contractor or considered as part of the Claim, the same being hereby conclusively and irrevocably waived by the Contractor. Any such Claim must be delivered to the Owner within thirty (30) days of the termination of the Contract and must contain a written statement setting forth the specific reasons and supporting calculations and documentation as to the amounts the Contractor claims to be entitled to under this Subsection as a result of the termination of the Contract. 14.4.5. The Contractor’s obligations surviving final payment under the Contract, including without limitation those with respect to insurance, indemnification, and correction of Work that has been completed at the time of termination, remains effective notwithstanding termination for convenience of the Owner. 15. ARTICLE 15 – EQUAL OPPORTUNITY The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The City of Bozeman requires that Contractor shall not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall require these nondiscrimination terms of its Subcontractors. [END OF GENERAL CONDITIONS] 94 COOP PRICING PROPOSAL BOZEMAN SPORTS PARK June 2, 2025 FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf pricing is based on the current FieldTurf GSA Contract (GS-07F-9631S). Click on the following GSA hyperlink for contract due diligence documentation: GSA Contract (GS-07F-9631S) 95 COOP PRICING PROPOSAL BASE BID Bozeman Sports Park (MT) – Field 7 Rugby/Soccer LUMP SUM FieldTurf Vertex Prime 2.5” (FTVTP-1) w/ TG20 Pad on approx. 105,755 SF Price includes: CONSTRUCTION a) Mobilization upon completion of mass grading by others. a. Note: As requested, pricing excludes mass grading of site per plans and all associated items with the mass grading (erosion control, hydroseeding of stockpile area, work at stockpile area). b) Construction Survey & Layout c) Acceptance of subgrade within .1’. d) Soil Stabilization of Field Proper a. Soil stabilization area to be 105,755 SF plus one foot of oversize at perimeter of field per owner’s request. b. Assumed 4-5% cement at a depth of 12”. e) Laser grade & compact subgrade again after soil stabilization f) Haul additional (swelled) soils after soil stabilization. g) Furnish & install Subdrain drainage system in field. a. West Side Subdrain to be 402 LF and maintaining plan depths for drainage rock. b. North Subdrain to be 246 LF with 12” pipe and 6” drainage rock on all sides of the pipe and 0.5% slope on pipe. c. Three (3) nyloplast basins d. Includes all excavation, fabric, pipe & rock e. Furnish & install 37 LF of solid 12” pipe to connect. h) Furnish & install geotextile fabric (500x or equivalent) on subgrade and within drainage trench with minimum 12” overlap. i) Furnish & install 6”x12” concrete curb at perimeter of new field (1,344 LF). j) Furnish & install 2”x4” nailer board at new concrete curb for turf attachment. k) Furnish & install 4” permeable base stone on field (105,755 SF) l) Furnish & install 2” permeable top stone under field (105,755 SF) m) Laser grade field for turf installation tolerances n) Furnish & install one pair of rugby sleeves. Price includes concrete, rebar and sleeve. Owner to provide goals. o) Prep and install gravel walkway on the East side of field. $ 1,703,522.00 96 COOP PRICING PROPOSAL p) Prep and install gravel walkway on North, South and West sides of field. a. Furnish & install 6” road base under future asphalt pathway on three sides of field. b. Note:No asphalt to be installed under this contract. q) Cleanup and demobilization. SYNTHETIC TURF FIELD r) Installation of the ThermaGreen SportLite 20D pad and artificial in- filled grass surface upon a suitable base. s) Inlaid Rugby and Soccer markings. t) An (8) year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface. u) Maintenance Equipment: (1) FieldSweep Performance & Payment Bonds $ 25,936.00 Total $ 1,729,458.00 ALTERNATE PRICE ADD Alternate No. 1: Add Mass Grading LUMP SUM Cost to add Mass Grading to our Scope of work. Price includes erosion control (rock construction entrance, inlet protection, silt fence as needed, sweeping), mass grading to plan elevations with offhaul being stockpiled to the South per agreement. ADD Total $ 209,562.00 ADD Alternate No. 2: 4’ Chainlink Fence LUMP SUM Furnish & install 425 LF of 4’ high galvanized chainlink fence with two (2) gates on West side of field per plan. ADD Total $ 22,175.00 97 COOP PRICING PROPOSAL ADD Alternate No. 3: 10’ Chainlink Fence LUMP SUM Furnish & install 560 LF of 10’ galvanized chainlink fence on North and South side of field per plan. ADD Total $ 34,848.00 Bozeman Sports Park (MT) – Field 13 Football/Soccer LUMP SUM FieldTurf Vertex Prime 2.25” (FTVTP-57) on approx. 100,008 SF Price includes: CONSTRUCTION a) Mobilization upon completion of mass grading by others. a. Note: As requested, pricing excludes mass grading of site per plans and all associated items with the mass grading (erosion control, hydroseeding of stockpile area, work at stockpile area). b) Construction Survey & Layout c) Acceptance of subgrade within .1’. d) Soil Stabilization of Field Proper b. Soil stabilization area to be 100,008 SF plus one foot of oversize at perimeter of field per owner’s request. c. Assumed 4-5% cement at a depth of 12”. e) Laser grade & compact subgrade again after soil stabilization f) Haul additional (swelled) soils after soil stabilization. g) Furnish & install Subdrain drainage system in field. a. Note: as the final design is not in hand for this, we assumed the exact same scope as field 7. Scope includes: d. West Side Subdrain to be 402 LF and maintaining plan depths for drainage rock. e. North Subdrain to be 246 LF with 12” pipe and 6” drainage rock on all sides of the pipe and 0.5% slope on pipe. f. Three (3) nyloplast basins g. Includes all excavation, fabric, pipe & rock h) Furnish & install geotextile fabric (500x or equivalent) on subgrade and within drainage trench with minimum 12” overlap. $ 1,352,577.00 98 COOP PRICING PROPOSAL i) Furnish & install 6”x12” concrete curb at perimeter of new field (1,300 LF). Note: plans do not show a curb on the 4th side, but this will be necessary for synthetic turf. j) Furnish & install 2”x4” nailer board at new concrete curb for turf attachment. k) Furnish & install 4” permeable base stone on field (100,008 SF) l) Furnish & install 2” permeable top stone under field (100,008 SF) m) Laser grade field for turf installation tolerances Note: All asphalt, fence, mass grading, demo, storm outside of field, concrete other that field curb is by others. SYNTHETIC TURF FIELD n) Installation of the artificial in-filled grass surface upon a suitable base. o) Inlaid Football and Soccer markings. p) An (8) year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface. q) Maintenance Equipment (1) FieldSweep. Performance & Payment Bonds $ 20,593.00 Total $ 1,373,170.00 PRODUCT DETAILS FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf Vertex Prime Systems, with the following product characteristics: FIELD 7 - RUGBY/SOCCER Pile Height: 2.5 Inches Infill Weight: 9.6lbs sand & 1.8lbs cryogenic rubber per sq.ft. Pile Weight: 47 oz/yd2 Pad System: ThermaGreen 20mm FIELD 13 - FOOTBALL/SOCCER Pile Height: 2.25 Inches Infill Weight: 6.2lbs sand & 2.2lbs cryogenic rubber per sq.ft. Pile Weight: 43 oz/yd2 99 COOP PRICING PROPOSAL FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered. PRICE DOES NOT INCLUDE: a) Design services (already under agreement). b) Any costs associated with necessary changes relating to the delineation of the field. c) Demolition or mass grading of sites (see alternate #1). d) Soil stabilization under pathways. e) Asphalt walkway. f) Hauling offsite of excess material. g) Boring for utilities. h) Winter conditions or winter work at any time. i) Dewatering. j) Irrigation. k) Concrete other than field curb. l) Flat tile or collector on South end of field. m) Fencing of any kind (see alternates for field 7). n) Any electrical work or lighting of any kind. o) Unsuitable soils (above and beyond scope of work). p) Piping outside of field limits. q) Installation of manholes, junction boxes, gabions, concrete rip rap, storm drainage not related to the field construction, grate inlets and reinforced concrete pipe. r) Relocation, removal, and repair of existing utilities not limited to irrigation, electrical conduits, power poles, water, sewer, gas, cable, telephone, owner placed conduits and/or communication feeds within the field of play. s) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. t) Soccer goals, goalposts, rugby goals, bleachers or equipment of any kind. u) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders and will become an extra charge over and above the offered price. v) Construction Testing Fees. w) Landscaping, sodding or turf grow in. x) Permit fees, Inspection fees, testing fees. y) A small vehicle to tow FieldTurf maintenance equipment. z) Shock Pad on Field 13. aa) Logos or Lettering of any kind. bb) World Rugby or FIFA Certification or testing of any kind. cc) All applicable taxes, prevailing wages, union labor and other labor law levies. dd) Newly Imposed Tariffs. ee) Anything not explicitly noted in the inclusions. 100 COOP PRICING PROPOSAL The pricing set forth in this proposal is based on applicable tariffs, duties, and taxes in effect as of the proposal date. Any new or increased tariffs, duties, taxes, or similar charges imposed by the United States Government, whether at the federal or state level, on products included in this proposal after the proposal date shall be the sole responsibility of the Customer and will result in an adjustment to the proposed price accordingly. FieldTurf USA, Inc. reserves the right to modify pricing to reflect such additional costs, and the Customer agrees to bear any such increases. The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products. In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or contingencies. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding. Please feel free to reach out to any member of our project team with questions about our offer: Hadyn Fava Jed Easterbrook Jared Petrino Project Manager Regional Vice President Regional Sales Manager (706) 264-6939 (801) 448-5656 (406) 850-5155 Hadyn.Fava@FieldTurf.com Jed.Easterbrook@FieldTurf.com Jared.Petrino@TarkettSports.com Thank you again for your interest in FieldTurf, we look forward to working with you. Per: Marie-Christine Raymond, Director of Operations FieldTurf USA, Inc. FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: Eric.Fisher@smartbuycooperative.com. 101 COOP PRICING PROPOSAL a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure. b) FieldTurf’s preferred payment terms are as follows: (i) 50% of the Price upon Customer’s execution of contract; (ii) 40% of the Price upon shipment of materials from FieldTurf’s manufacturing facility; and (iii) Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. c) Accounts overdue beyond 30 days of invoice date will be charged at an interest rate of 10% per annum. d) FieldTurf requires a minimum of 21 days after receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size and scenario, FieldTurf further requires a minimum of 28 days per field to install the Product subject to weather and force majeure e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a minimum access of 15 feet wide by 15 feet high, and, no more than 100 ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill CONDITIONS Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: material. Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. Staging area surface shall be suitable for passage with motor vehicles used to transport materials to the site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface unless such damages are caused by FieldTurf’s intentional misconduct or negligence. f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary, additional charges will apply. g) Upon substantial completion of FieldTurf’s obligations, the Customer shall sign FieldTurf’s Certificate of Completion in the form currently in force; to accomplish this purpose, the Customer will ensure that an authorized representative is present at the walk-through to determine substantial completion and acceptance of the field, which may include a list of punch list items. h) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions. i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice. j) All colors are to be chosen from FieldTurf’s standard colors. THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING 102 NYOPLAST BASINRIM 4731.8512" INV IN 4726.3112" INV IN 4726.3112" INV OUT 4727.58STONE TRENCH BOT 4725.00NYOPLAST BASINRIM 4732.9512" INV IN 4727.5412" INV OUT 4727.54STONE TRENCH BOT 4725.00NYOPLAST BASINRIM 4732.9512" IN IN 4729.5512" INV OUT 4729.55STONE TRENCH BOT 4725.00DRYWELLRIM 4730.50SUMP 4725.00NYOPLAST BASINRIM 4731.8512" INV IN 4728.3212" INV OUT 4728.32STONE TRENCH BOT 4725.00DRYWELLRIM 4730.83SUMP 4725.00223'-6" RUGBY FIELD (I/I)375'-1" RUGBY FIELD (I/I)330' SOCCER FIELD (O/O)210' SOCCER FIELD (O/O)255'-10" FIELDTURF LIMITS413'-5" FIELDTURF LIMITS 19'-2"16'-2"16'-2"19'-2"52'25'-3"All Rights Reserved. Confidential Information: No portion of these drawings may be disclosed, used, reproduced, modified or shown, without prior written consent of FieldTurf. DATE:ISSUE: DRAWN BY: CHECKED BY: SCALE:1"=45' TOTAL FIELD AREA:CONCEPTUAL DRAWINGS ONLY: DRAWINGS ARE INTENDED ONLY TO BE A GRAPHIC RENDERING FOR PURPOSES OF PRELIMINARY PRESENTATIONALL DISTANCES AND MEASUREMENTS ARE APPRO;IMATE IN NATURE AND SUB-ECT TO FIELD VERIFICATION.APPROVED BY: PRINTED NAME: SIGNATURE: TITLE: DATE: Scale is only accurate when this drawing is printed on 11” X 17” paper. PERIMETER: 105,762 sq. ft. 1339 ft. J. L. J. B.FTVTP-1PRESENTATIONMAY 13, 2025 FIELD LAYOUT BOZEMAN SPORTS PARK RUGBY SOCCER BOZEMAN, MT SPORT COLORS:FIELD LAYOUT NOTES (sports are in order of dominance):RUGBYCOMPLETE COLOR NAME: WHITEPANTONE COLOR NUMBER: WHITE1. RUGBY MARKINGS ARE 4" WHITE WORLD RUGBY STANDARDS.2. SOCCER MARKINGS ARE 4" WHITE FIFA STANDARDS.SOCCERCOMPLETE COLOR NAME: CANARY YELLOWPANTONE COLOR NUMBER: 136C3. SOCCER MARKINGS ARE 4" CANARY YELLOW FIFA STANDARDS.4. UNIFIED LACROSSE MARKINGS ARE 4" CANARY YELLOW NFHS STANDARDS.ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS.LEGEND:FIELD GREEN FIELDTURF105,762 sq. ft.LOGO COLORS:COMPLETE COLOR NAME: WHITEPANTONE COLOR NUMBER: WHITECOMPLETE COLOR NAME: CANARY YELLOWPANTONE COLOR NUMBER: 136C103 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Water Resources Engineer II Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Notice of Award to 4050 Development, LLC for Construction of the Cypress Utility Renovations Project MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to 4050 Development, LLC for the Total Schedule 1 thru 6 Base Bid and Additive Alternate Schedule 7, in the amount of $1,651,428.00. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy of the Notice of Award for the above referenced project. The project generally involves water, sewer, and storm pipe renovations. The contract is to be completed within 135 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on May 22nd with 6 bids being submitted. The low bid was submitted by 4050 Development, LLC in the amount of $1,651,428.00 for the base bid and Additive Alternate Schedule 7. The Bid Tabulation for the project is attached. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by Commission FISCAL EFFECTS: Funding has been appropriated in the respective FY26 budgets as follows: $823,156.80 W04 – Water Pipe Replacement Fund $689,540.80 WW08 – Wastewater Pipe Replacement Fund $138,730.40 STDM04 – Stormwater Historic Pipe Replacement Fund 104 Attachments: 09-NoticeOfAward.frm.doc Bid Tab Cypress Utility Renovations.pdf Report compiled on: May 28, 2025 105 NOTICE OF AWARD Dated: __________________ TO: 4050 Development, LLC ADDRESS: 32 Mountain View Road, Unit 38, Ennis, MT 59729 PROJECT: Cypress Utility Renovations CONTRACT FOR: Schedules 1, 2, 3, 4, 5, 6, and Add Alternate Schedule 7 You are notified that your Bid opened on 5/22/2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Cypress Utility Renovations. The Contract Price of your Contract is: one million six hundred fifty-one thousand four hundred twenty-eight and 00/100 Dollars ($1,651,428.00). Three (3) 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 Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (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: _______________________________ 106 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: CK May 35949 x x $1,553,819.00 Williams Civil Construction 158949 x x $1,577,730.80 Central Plumbing and Heating 4443 x x $1,715,448.00 DC Excavation 224559 x x $1,893,853.41 Omdahl Excavation 37068 x x $1,599,306.00 4050 Development 265916 x x $1,542,953.00 Alex Newby Karl Johnson Deputy City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - Cypress Utility Renovations These bids were opened and read before the undersigned at 2:00 pm on Thursday, May 22nd, 2025 Docusign Envelope ID: 7E811C13-7D7B-464F-A3A6-1F67125436F7 107255 Memorandum REPORT TO:City Commission FROM:Andy Knight, Deputy Chief of Police SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Heart of the Valley Animal Shelter for the Purpose of Care and Custody of Impounded Animals Within the City Limits of Bozeman MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Three Year Professional Services Agreement with Heart of the Valley Animal Shelter for the Purpose of Care and Custody of Impounded Animals Within the City Limits of Bozeman STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City of Bozeman works in partnership with the Heart of the Valley Animal Shelter regarding the safe and secure location for the temporary shelter and care of dogs and cats impounded by the City of Bozeman as well as those found at large by members of the community. This contract continues the relationship and helps cover costs of animal care. UNRESOLVED ISSUES:None ALTERNATIVES:Continue services with Heart of the Valley without a contract. FISCAL EFFECTS:The agreement will cost the City an additional $6805 per year. Attachments: PSA with Heart of the Valley Animal Shelter.docx Report compiled on: May 20, 2025 108 Page 1 of 16 AGREEMENT THIS AGREEMENT is entered on this day of , 2025, by and between the HEART OF THE VALLEY,INC. (hereinafter referred to as the HOV) and the CITY OF BOZEMAN (hereinafter referred to as the City). WITNESSETH: WHEREAS, the City requires an animal shelter for the purpose of impounding and caring for the animals found in violation of City ordinances; and WHEREAS,the HOV serves to care for animals found or abandoned in locations within the City limits; and WHEREAS, the City has a financial responsibility to pay for reasonable costs at a rate consistent with the amount of impact from animals located or impounded within the City limits;and WHEREAS, the HOV is located at 1549 E. Cameron Bridge Road; and WHEREAS, the HOV maintains and operates the animal shelter which assists the City in enforcing animal related ordinances; and WHEREAS, agreements that take into account the best interests of the animals, operations of the HOV and operations of the City are important. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.Animals at Large A.The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV facility by personnel of the City within the City limits exclusively for running at large, subject to the limitations in Section 3 below.The HOV agrees to take reasonable care of such animals in a manner consistent with good standard practices of 109 Page 2 of 16 animal shelters to include, but not be limited to, providing proper food, water and shelter. 1.If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the verbal authorization of the City, the HOV may also administer additional veterinary care to reduce the suffering of a sick or injured animal. 2.Any such animals that are not reclaimed by an owner within four (4) days shall become the property of the HOV. B.The HOV shall also accept animals that are running at large inside the City limits which are brought into the HOV by the general public. At the time of the animal’s release to its owner, the HOV shall e-mail to the Bozeman Animal Control Officer (ACO) an Animal Impound Log In/Notification Form for each such animal.The four-day custody period will begin when the animal arrives at the HOV, and the date of intake will be considered Day 1. At no time will the City be billed for animals brought in by the owner or animals that are brought in for adoption. C.For purposes of this Agreement, "animals at large" shall mean domestic dogs and/or puppies, cats and/or kittens, including feral cats that is off the premises of the owner, keeper, or responsible custodian of the animal and not on a leash or confined within a kennel, cage, or motor vehicle, or otherwise under the immediate control of a person physically capable of restraining the animal. D.The HOV may release any animal impounded under this section to its owner without a written or verbal Authorization from the City, unless otherwise indicated on the impound form.If for any reason the City fails to grant an owner a written Authorization to Release within the four day custody period described in paragraphs A and B above, then the City must notify the HOV before the end of the four day period, and the animal will be subject to all provisions of Section 2 unless the City and the HOV mutually agree in writing to a different arrangement. 2.All Other Impounds A.The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV facility by the City for any reasons other than or in addition to running at large, subject to the limitations in Sections 3 and 4 below. The HOV agrees to take reasonable care of such animals in a manner consistent with good standard practices of animal shelters to include, but not be limited to, providing proper food, water and shelter. 110 Page 3 of 16 B.The HOV will provide this care at no additional cost for a period of up to 7 days per animal, after which time the burden of additional costs will be transferred to the owner. If the owner prefers, HOV may instead take ownership of the animal and put it up for adoption. C.If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the oral authorization of the City, the HOV may also administer additional veterinary care to reduce the suffering of a sick or injured animal. D.Any such animal impounded for rabies quarantine will be held the longer of 10 days from the time of the bite or whatever time is required by the Gallatin County Health Department unless the City authorizes release to the owner sooner. No animal will be released from quarantine without a signed Rabies Quarantine Release Form (Exhibit A). E.All other such animals held pursuant to Section 2 will be held by the HOV until they are released: 1.To the HOV, by a release signed by the owner, the owner's legal representative or by a court of law;or 2.To the owner, at the direction of the ACO. F.The following will apply to any animal held pursuant to this section for a mandatory spay/neuter: 1.The HOV may notify the City if it believes an animal is subject to 8.02.140.C, Bozeman Municipal Code, as amended. Otherwise, enforcement of such municipal code requirements is the responsibilityof the City. 2.The City and HOV will mutually determine the appropriate vet to do the surgery and arrange for transportation, if necessary. 3.Payment of all boarding fees and surgery costs shall initially be the responsibility of the animal owner. If the animal is not reclaimed within 4 days, HOV will notify the City, the animal will be placed for adoption and the unpaid boarding fees and surgery costs shall then be borne by the City. 3.Exclusion The term "animals" as used in this Agreement, shall include only domestic dogs and/or puppies, cats and/or kittens, including feral cats, and no other animals. 4.Limitation 111 Page 4 of 16 Without prior notification, the HOV will not accept more than 10 animals from any one given situation, or 50 animals per month. Upon notification, the HOV will use its best efforts to accept the animals but may choose not to accept all the animals, and the City will be responsible for seeking care for those animals elsewhere. 5.Euthanasia During Impound Period The HOV shall only euthanize an animal during the impound period upon written request by the City, order of a court of law, or if such animal is seriously injured, hopelessly sick or injured beyond any reasonable chance of recovery, or any kitten weighing under one pound or any puppy under four weeks of age brought in without a mother. 6.Dead Animals The HOV will hold bodies of any dead animals brought in by the officer for four days in case an owner comes in to identify the animal. After four days, the HOV will send the body for cremation. 7.Records A.The City, upon impounding an animal, will provide a written record to the HOV to include: 1.The date and time the animal was impounded; 2.A description of the animal by breed, gender, physical characteristics, collar and/or tags and assigned identification number; 3.Location where the animal was found and reason for impoundment; 4.Name, address, telephone number and location of the animal's owner, if known; and, 5.Name and badge number of the officer impounding the animal. B.The HOV will provide a written record of the disposition of all animals impounded by the City, to include: 1.Disposition, date and time of same; 2.Name, address and phone number of owners reclaiming their animal; 3.Name, current address and telephone number of any citizen turning an animal into the shelter and logged in under the City account; 4.Name of the HOV representative releasing or euthanizing the animal; and, 5.A monthly itemized account of all animals impounded within the 112 Page 5 of 16 City limits and any additional charges for related services. 8.Fees A.For the services provided in Sections 1 and 2, the City shall pay the HOV an amount of $11,920 per month for fiscal year(s) 2025-2028. B.For animals impounded, the HOV may collect daily boarding/reclaim fees from the owner at the time the animal is reclaimed. The boarding and reclaim fees will be set by the HOV (refer to Exhibit B). C.Subject to the limitation in Section 4, if the City brings 10 or more animals into the shelter from any one given situation, the City will pay an additional fee of $300 to the HOV as emergency funding for each group of ten 10 animals or part thereof and all other fees still apply. D.In addition to the foregoing, the City will pay the HOV the cost of additional veterinary services for any impounded animal authorized by the City and not paid by the owner. E.The HOV will bill the City monthly for all fees due under this Agreement, and such fees are due and payable within 30 days of receipt of the bill. The HOV may add finance charges for any bill not paid within 30 days, and the City agrees to pay such charges. F.The HOV agrees to sell City licenses to any Bozeman City resident who wishes to purchase a license for an existing cat or dog, or mandatorily as part of any HOV site adoption by a Bozeman City resident of any dog or cat with a current rabies vaccination. 1.The City agrees to provide necessary license documents and tags for issuance. 2.The HOV will forward copies of issued licenses to the City on a weekly basis, or as needed. 3.The HOV will at all times hold to the City policies with regard to vaccination and spay/neuter documentation and pricing for licensure. 4.The HOV will submit a monthly report to the City detailing the license fees collected and to be credited against fees due from the City. 9.Veterinary Care 113 Page 6 of 16 In the event an animal is brought into the shelter by an officer or by a citizen from within the City limits and the animal is logged into the HOV as a City impound and a veterinary situation is present or arises, such animal will receive appropriate veterinary care. The HOV will notify the officer to such attention, and the City will reimburse the HOV for the cost of such veterinary services pursuant to Section lAl and 8D above, if not paid by the owner. 10.Access to the HOV The HOV will provide the City and public access for after hour impounds with an unlocked room on the north side of the building where adequate housing is provided for impounded animals. Food and water as well as log in forms will be available in this room. The HOV will notify Gallatin County Records of citizen drop off, to include the impound number and any other necessary information previously referencedin this Agreement. 11.Term The term of this Agreement shall be from the 1st day of July 2025 through the 30th day of June 2028. For the purpose of reviewing this Agreement, the HOV agrees to provide the City with financial statements and other records as required supportingany requested increase in the base monthly fee. 12.Compliance with Bozeman Municipal Code The HOV agrees to comply with all provisions of the Bozeman Municipal Code. 13.Nondiscrimination and Equal Pay HOV agrees that all hiring by HOV of persons performing this Agreement shall be on the basis of merit and qualifications. HOV will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. HOV 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. HOV 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. HOV 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). HOV must report to the City any violations of the 114 Page 7 of 16 Montana Equal Pay Act that HOV has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. HOV shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 14.Independent Contractor Status/Labor Relations The parties agree that HOV is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. HOV 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 115 Page 8 of 16 or any other purpose. HOV is not authorized to represent the City or otherwise bind the City in any dealings between HOV and any third parties. HOV shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. HOV shall maintain workers' compensation coverage for all employees of HOV's organization, except for those who are exempted by law. Upon request, HOV 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. HOV 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 with HOV employees, officers, agents or contractors or any delays or stoppages of work associated with such problems or disputes. 15.Indemnity/Waiver ofClaims/Insurance For other than professional services rendered,to the fullest extent permitted bylaw, HOV 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 HOV; or (ii) any negligent, reckless, or intentional misconduct of any ofthe HOV's agents. For the professional services rendered, to the fullest extent permitted by law, HOV agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to 116 Page 9 of 16 the extent caused by the negligence or willful misconduct of HOV or HOV'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 indemnitee(s) which would otherwise exist as to such indemnitee(s). HOV's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against HOV to assert its right to defense or indemnification under this Agreement or under the HOV's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines HOV was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s)or any portion(s)thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. HOV also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud,for willful injury to the person or property of another,or for violation of law, whether willful or negligent"as per 28-2-702,MCA. These obligations shall survive termination of this Agreement, and the services performed hereunder. In addition to and independent from the above, HOV shall at HOV'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 HOV in this Section and shall not contain any exclusion for liabilities specifically assumed by HOV in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and HOV shall furnish to the City an accompanying 117 Page 10 of 16 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; $2,000,000 annual aggregate; and The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,agents,and employees,shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, 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. The City must approve all insurance coverage and endorsements prior to the HOV commencing work. HOV shall notify City within two (2)business days of HOV's receipt of notice that any required insurance coverage will be terminated or HOV's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the HOV commencing work. 16.Termination for Breach a.If HOV 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, which default has not been cured after 30-days' written notice by the City to HOV, the City may, by written notice, terminate this Agreement and HOV's right to proceed with all or any part of the work. 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.If the City fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, which default has not been cured after 30-days' written notice by HOV to the City, HOV may, by written notice, terminate this Agreement. 118 Page 10 of 16 c.In the event of a termination pursuant to this Section, HOV shall be entitled to payment only for those services HOV actually rendered. d.Any termination provided for by this Section shall be in addition to any other remedies to which the non-breaching Party may be entitled under the law or at equity. e.In the event of termination under this Section, the Parties 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 thetermination. 17.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 City may terminate this Agreement by written notice to HOV ("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 HOV. b.Upon receipt of the Notice of Termination for City's Convenience,unless otherwise directed in the Notice, the HOV 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. HOV shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section, HOV is entitled to payment only for those services HOV actually rendered on or before the receipt of the Notice of Termination for City'sConvenience. d.The compensation described in this Agreement is the sole compensation due to HOV for its performance of this Agreement. HOV 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. 119 Page11of16 18.Limitation on HOV's Damages; Time for AssertingClaim a. In the event of a claim for damages by HOV under this Agreement, HOV's damages shall be limited to contract damages and HOV 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 HOV wants to assert a claim for damages of any kind or nature, HOV 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 ninety (90) days of the facts and circumstances giving rise to the claim. In the event HOV fails to provide such notice, HOV shall waive all rights to assert such claim. 19.Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Deputy Chief Andy Knight 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, HOV 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. HOV’s Representative: HOV’s Representative for the purpose of this Agreement shall be Marla Caulk or such other individual as HOV shall designate in writing. Whenever direction to or communication with HOV is required by this Agreement, such direction or communication shall be directed to HOV’s Representative; provided, however, that in exigent circumstances when HOV’s Representative is not available, City may direct its direction or communication to other designated HOV 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, 120 Page12of16 postage prepaid. 20.HOV's Representations:To induce City to enter into this Agreement,HOV makes the following representations: a.HOV has familiarized itself with the nature and extent of this Agreement 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 services provided. b.HOV represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said 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. 21.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: HOV 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.HOV acknowledges it is aware of and shall comply with its responsibilities and obligations under 121 Page13of16 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 HOV shall be obligated to furnish such proof. The HOV shall be responsible for instructing and training the HOV's employees and agents in proper and specified work methods and procedures. The HOV shall provide continuous supervision of the work performed. The HOV is responsible for instructing his employees and agents in safe work practices. 22.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The HOV may not subcontract or assign HOV's rights, including the right to compensation or delegate its duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23.Reports/Accountability/Public Information:HOV agrees to develop and/or provide documentation asreasonably requested by the City demonstrating HOV’s compliance with the requirements of this Agreement. 24.Non-Waiver: A waiver by either party any default or breach bythe other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 25.Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 26.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 122 Page14of16 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 27.Survival:HOV's indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28.Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 29.Severability:If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue ineffect. 30.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 31.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 32.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. 33.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 34.Integration: This Agreement and attached Exhibits A and B hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 35.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. 123 Page15of16 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. City of Bozeman, Montana Heart of the Valley, Inc. By: By: Chuck Winn, City Manager Marla Caulk, Executive Director APPROVED AS TO FORM: By: Greg Sullivan, Bozeman City Attorney 124 Page16of16 EXHIBIT A Rabies Quarantine Release Form Species:_Intake No.:_______ Animal Name:_________Sex:-_________Age:______ Breed: _________________ Color:_____Weight:_____ Owner Name:____________ Contact Number:__________ Address:________________________________ Rabies Tag#:_License#:__________ Date vaccinated:_____Date bite occurred:_______ Clinic/veterinarian:__________________ After the 10-day rabies quarantine (or whatever time is required by the Gallatin County Health Department), the animal must be examined by a licensed veterinarian for signs of rabies. If the animal's rabies vaccination is not current,it is the responsibility of the owner to ensure the animal receives a vaccination. I have examined this animal, and it does not display any clinical symptoms of rabies. Additional comments: Veterinarian Signature Veterinarian Printed Name Animal Hospital/Shelter Address Date Examined Telephone# 125 Page17of16 EXHIBIT B Heart of the Valley Animal Shelter Fee Schedule For Reclaiming Stray or Surrendered Pets (Subject to change with 30 days’ notice) Boarding Fees Dogs/Puppies: 1.$40 per dog or puppy for the first day,or part thereof,of impoundment. 2.$15 per day, or part thereof, after the first day, per dog or puppy. Cats/Kittens: 1.$15 per cat or litter of up to 6 kittens for the first day,or part thereof,of impoundment. 2.$10 per cat or litter of up to 6 kittens for each day, or part thereof after the first day. Medical for Strays and Surrenders Dogs/Puppies Cats/Kittens Spay $100 Spay $70 Neuter $80 Neuter $50 Dental $100 Dental $90 Other Medical Procedure $80/hr Other Medical Procedure $80/hr Additional Medical for Owner's Reclaiming Surrendered Pets Dogs/Puppies Cats/Kittens Worming $5-15 Worming $5-10 Rabies $10 Rabies $10 DHAPP $5/shot FVRCP $5/shot Bordatella $5/shot Bordatella $5/shot Antibiotics $5/dose Antibiotics $5/dose FIV/FeLeuk Test $20 126 Memorandum REPORT TO:City Commission FROM:Matt Workman, Interim Streets Superintendent Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Rocky Mountain Supply Inc. for Bulk Fuel Delivery to Supply Gasoline and Dyed Diesel to Multiple City Sites MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with Rocky Mountain Supply Inc. for Bulk Fuel Delivery to Supply Gasoline and Dyed Diesel to Multiple City Sites. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman has sought proposals from bulk fuel delivery companies to supply gasoline and dyed diesel to multiple city sites. The city typically relies on the supplier selected through the State bidding process, however, the city has previously experienced inconsistent service that led to fuel shortages during critical times. This new agreement ensures reliable fuel supply and provides greater oversight than the State contract. Request for Proposals (RFP) were opened on April 23, 2025, and Rocky Mountain Supply Inc. was selected through a competitive RFP process as the lowest responsible bidder. The bid was $0.01 higher than the State bid which the selection team has recommended as appropriate for the improved level of service and quality. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Fuel costs for all Departments utilizing bulk fuel services have been approved in their respective FY25-26 Biennium budgets. Attachments: PSA - Bulk Fuel Delivery Scope of Services and Price Sheets Report compiled on: May 21, 2025 127 128 Professional Services Agreement for Bulk Fuel Delivery Services 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, Rocky Mountain Supply, Inc, 210 Gallatin Farmers Ave, Belgrade, MT 59714, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services in Section 3 of the Request for Proposals. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June 2026, 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 found in the Request for Proposals. 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 section IV of the Request for Proposals titled “Proposal Requirements”. 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 Proposal Requirements. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 129 Professional Services Agreement for Bulk Fuel Delivery Services Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. 130 Professional Services Agreement for Bulk Fuel Delivery Services Page 3 of 11 Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor 131 Professional Services Agreement for Bulk Fuel Delivery Services Page 4 of 11 agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without 132 Professional Services Agreement for Bulk Fuel Delivery Services Page 5 of 11 limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. 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 133 Professional Services Agreement for Bulk Fuel Delivery Services Page 6 of 11 opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business 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 134 Professional Services Agreement for Bulk Fuel Delivery Services Page 7 of 11 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 Matt Workman or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Jason Rorabaugh 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. 135 Professional Services Agreement for Bulk Fuel Delivery Services Page 8 of 11 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (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 136 Professional Services Agreement for Bulk Fuel Delivery Services Page 9 of 11 and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: 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 137 Professional Services Agreement for Bulk Fuel Delivery Services Page 10 of 11 in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this 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. 138 Professional Services Agreement for Bulk Fuel Delivery Services Page 11 of 11 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Rocky Mountain Supply, INC Chief Operating Officer, Jason Rorabaugh By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 139 Bulk Fuel Delivery Proposal City of Bozeman, MT May 1, 2025 Company Descrip.tio.n Rocky Mountain Supply is a locally owned cooperative proudly serving Southwestern Montana since 1931. With nearly a century of experience, we are committed to being the region's premier provider of energy, agronomy, and farm and home products. Our business is rooted in the values of honesty, integrity, shared success, knowledge, and long-term commitment to the communities we serve. Headquartered in Belgrade, our Energy Division operates a fleet of ten dedicated fuel delivery trucks and supplies approximately 30 million gallons of fuel annually. Our team is composed of seasoned professionals who are deeply committed to safety, reliability, and outstanding customer service. With approximately 190 full-and part-time employees across multiple locations, we bring extensive local knowledge and operational capacity to every partnership. Proposed Delivery Sche..clu..le To ensure reliable and efficient service, we have installed cellular tank monitors in all of the City's fuel.tanks. These monitors transmit tank level readings up to 3 times per day, allowing us to track fuel levels and proactively manage deliveries. This system minimizes the risk of downtime due to fuel shortages and allows for optimized delivery scheduling tailored to each location's usage. These monitors would remain in place if we were awarded the Qid. Here is an example of May 1, 2025 morning tank readings: B.ef.eLe� l!El!iAAOf lttl.J( l!R.GU.01! MT s.:;,;,c Cl:O hlQ�tO.. MT lt!LGIIV-Of IU'IJ,, (!£t.GJ1.,1,0IE MT EH.G�CE 111.tLA. M'l,yiUoQlj MT :.Ut.tl) lt�,i�f Nl 6!1,.,?c, ()yM O1"4!t l,0-55.00 10 CK May Excavating-Craig May, Owner -406.599.1644 Sime Construction-Theron Pavlick, General Manager-406.600.8084 TMC Inc -Ken Stoeber, General Manager-406.599.5058 •D and D Trucking-Ben Fliss, Managing Partner-406.451.1482 Alterations to the Professional Services Agreement None OIC 1611,90 fll.,lO 37.. 7?h OK 8 z.w..-o � 6�,lO 74�• I:!.._ I ,.i 2+.1.20 1,.10 ee...., u•. 140 Pricing structure Otyof Bozeman, MT NL E10 (87) BOZEMAN OPIS AVERAGE STATE TAX $0.3300 STATE CLEANUP FEE $0.0075 FEDERAL TAX (EXEMPT) $0.0000 Delivery Fee $0.0000 Markup $0.0500 Optional injection packages (priced per gallon upcharge) Cenex Winter Aid 4 (Cold Flow Improver only) Cenex Premium Diesel (Complete Year Round Package) Renewable Diesel -price varies Example of May 1, 202s pne_e__;_ 05/01/25 Oty of Bozeman, MT NL E10 (87) BOZEMAN OPIS AVERAGE $2.4508 STATE TAX $0.3300 STATE CLEANUP FEE $0.0075 FEDERAL TAX (EXEMPT) $0.0000 Delivery Fee .$0.0000 Markup $0.0500 Invoiced Price $2.8383 Optional injection packages (priced per gallon upcharge) Cenex Winter Aid 4 (Cold Flow Improver only) Cenex Premium Diesel (Complete Year Round Package) Renewable Diesel -price varies Affirmation of Nondiscrimination Signed -see page 3 #1 DYED #2 DYED varies daily $0.0000 $0.0000 $0.0075 $0.0075 $0.0000 $0.0000 $0.0000 $0.0000 $0.0500 $0.0500 $0.0500 $0.0500 $0.1000 $0.1000 $1.15 +/- #1 DYED #2 DYED $3.2522 $2.6971 $0.0000 $0.0000 $0.0075 $0.0075 $0.0000 $0.0000 $0.0000 $0.0000 $0.0500 $0.0500 $3.3097 $2.7546 $0.0500 $0.0500 $0.1000 $0.1000 $1.15 +/- 141 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION 'Ro c;.,� v.la VA� c,_; nSupr, � (name of entity submitting) hereby affirms it will not discri� te on the basis of race, co� 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, ---"-"-=--=-=---=-1-...._,._,._,loLLIµ.>O.,,:.LL-"""-l"'-1-':i:---=--=--�( name of entity submitting) he re by affirms it will abide by tion 39-3-104, MCA (the Montana Equal Pay Act), and has visited that it has visited the State of Montana Equal Pay for Equal Work "best practices" publication and has read the material. 142 Memorandum REPORT TO:City Commission FROM:Zac Collins, Asset Systems Program Manager Jon Henderson, Assistant City Manager SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Samsara to Expand Automatic Vehicle Location (AVL) Services Across City Fleet MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a Professional Services Agreement with Samsara to expand Automatic Vehicle Location (AVL) services across City fleet. 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: Since 2014, the City of Bozeman has been utilizing an Automatic Vehicle Location (AVL) solution to enhance the accuracy of tracking and reporting vehicle metrics across our Streets, Cemetery, Parks, Neighborhood Services/Parking, and Water Operations divisions. Currently, over 80 City vehicles are equipped with AVL units. In the Streets Department, this technology is also used to monitor the ignition, broom, blade, and sanding functions of vehicles, alongside location and driving data. With the proposed agreement, we anticipate adding 30-40 AVL units to support the data requirements of the departments. With this agreement, we are transitioning service providers to Samsara AVL since they offer a tighter integration with our existing ESRI Software, and is more capable of displaying the needed information to the end users through their data portal. This will remove the need for custom reporting and additional analysis to inform operational awareness. This integration will facilitate real-time vehicle location tracking and enable seamless connectivity with our Cityworks and mapping applications, providing comprehensive visibility into vehicle locations and completed work activities. 143 UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS: An initial payment of $8,383.30 for hardware associated with the AVL units will be paid using funds from the approved FY25 Streets Division operating budget. License fees will be assessed for each Division on an annual basis beginning in FY26, pending formal budget approval. Attachments: Professional Services & Software as a Service Agrement - Samsara.pdf Exhibit A Bozeman Scope of Services.pdf Exhibit B Cloud Services Questionnaire Samsara.pdf Exhibit C Licensing.pdf Report compiled on: May 20, 2025 144 Agreement for Professional Services and Software as a Service Page 1 of 16 PROFESSIONAL SERVICES AND SOFTWARE AS A SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of June, 2025 (“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, Samsara, 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 agree as follows: 1.Definitions: a.“Aggregated Statistics” means data and information related to the City's use of the Services that is used by Contractor in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b.“Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c.“Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Contractor in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or 145 Agreement for Professional Services and Software as a Service Page 2 of 16 media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d.“City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e.“Data Incident” means a breach of the City or the Contractor’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Contractor. f.“Documentation” means Contractor’s user manuals, handbooks, and guides relating to the Services provided by Contractor to the City either electronically or in hard copy form/end user documentation relating to the Services. g.“Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h.“Contractor IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Contractor IP includes Aggregated Statistics and any information, data, or other content derived from Contractor’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i.“Services” means the Samsara software-as-a-service license described in the Scope of Services. See attached Exhibit A. j.“System” means the GPS and camera monitoring hardware described in the Scope of Services. See attached Exhibit A. 2. Purpose: City agrees to enter this Agreement with Contractor to perform for City the System and Services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 146 Agreement for Professional Services and Software as a Service Page 3 of 16 3. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire five (5) years from the Effective Date, unless earlier terminated in accordance with this Agreement. 4. Scope of Services: Contractor will perform the work and provide the System and 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 5. Access and Use: a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Contractor grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Contractor must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Contractor grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the System and Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Contractor reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Contractor IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Contractor may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: 147 Agreement for Professional Services and Software as a Service Page 4 of 16 i. Contractor reasonably determines 1) there is a threat or attack on any of the Contractor IP; 2) the City's or any Authorized User’s use of the Contractor’s IP disrupts or poses a security risk to the Contractor IP or to any other Customer or vendor of Contractor; 3) the City, or any Authorized User, are using the Contractor IP for fraudulent or illegal activities; or 4) Contractor’s provision of the Services to the City or any Authorized User is prohibited by applicable law; or ii. any vendor of Contractor has suspended or terminated Contractor’s access to or use of any third-party services or products required to enable the City to access the Services. Contractor must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Contractor must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Contractor may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Contractor may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Contractor and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Contractor. The City acknowledges that Contractor may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Contractor may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. 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. 7. 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 148 Agreement for Professional Services and Software as a Service Page 5 of 16 Scope of Services, and with all applicable local conditions and federal, state, and local laws, ordinances, rules, and regulations necessary to provide the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to provide the System and 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. c. Contractor must ensure the System and Services delivered under this Agreement are adequately secure and must provide a secure environment for all of the City’s Confidential Information that it may obtain, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times, will remain, in compliance with all applicable laws and regulations governing Contractor’s access to, use of, and handling of the City’s Data. 8. Security: Contractor must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network, and data components) to be provided or used by Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain, in agreement with the industry’s minimum standards. Contractor’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Contractor must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. 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. 149 Agreement for Professional Services and Software as a Service Page 6 of 16 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) an electronic record for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 10. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify, and 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 third-party claims, demands, actions, or proceedings (Collectively “Claims” to the extent such Claim directly arises from: (i) the gross negligent, reckless, or intentional misconduct of the Contractor; or (ii) any gross negligent, reckless, or intentional misconduct of any of the Contractor’s agents and Contractor will indemnify the City for any costs, damages, and reasonable attorneys’ fees attributable to such Claim that are awarded against the City. 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 150 Agreement for Professional Services and Software as a Service Page 7 of 16 indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without 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; 151 Agreement for Professional Services and Software as a Service Page 8 of 16  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;  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and  Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 11. Termination for Contractor’s Fault: If Contractor refuses or fails to timely do the work, or any part thereof, or materially fails to perform any of its obligations under this Agreement, or otherwise materially breaches any terms or conditions of this Agreement, the City may, by written notice and upon 30 days opportunity to cure, 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. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. Any termination provided for by this Section 11 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. In the event of termination under this Section 11, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost 152 Agreement for Professional Services and Software as a Service Page 9 of 16 productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 12. Termination for City’s Convenience: a. Provided Customer has not changed its billing schedule, should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 12, 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; however City will not be entitled to a refund for any payment already rendered to Contractor. d. The compensation described in Section 12(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. 13. Limitation on Contractor’s Damages; Time for Asserting Claim: a. Contractor’s Damages. 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. Except for material breach of Contractor’s license restrictions, damages are limited to the money paid to Contractor under this agreement. This limitation of liability is cumulative and not per-incident. Damages caused by injury to persons or tangible property, or arising from any Contractor indemnification under this Agreement, 153 Agreement for Professional Services and Software as a Service Page 10 of 16 are not subject to a cap on the amount of damages. 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. To the extent an undue delay prejudices City, then Samsara shall be responsible for such extra damages caused by such delay. 14.Audit Right: Contractor must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Contractor must annually conduct its own internal security audit and address security gaps. Contractor must give the City a copy of the most current report from each audit conducted upon request. If requested by the City, Contractor must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Contractor policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Contractor or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Contractor with respect to such audit. 15. Resources and Support: Contractor must, throughout the Term, make available such resources, including Contractor personnel, as are reasonably required to: a.train designated employee(s) of the City in the use of the Services; b.develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and c.Contractor must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 16. Confidential Information: a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of 154 Agreement for Professional Services and Software as a Service Page 11 of 16 this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non-disclosure regarding Confidential Information are effective as of the Effective Date, survive this Agreement, and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 17. Data Location: Except as otherwise permitted in the Agreement, Contractor must not transfer the City’s Data outside of United States or the Contractor’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Contractor’s data center and such transfer is necessary for the execution of the Services. 18. Access to Data: The City may access and copy any of the City’s Data in Contractor’s possession at any time during the Term of this Agreement. Contractor must reasonably facilitate such access. 155 Agreement for Professional Services and Software as a Service Page 12 of 16 19. Deletion of Data: For the Term of the Agreement, except as authorized by applicable law, Contractor must not erase the City’s Data or any copy without the City’s prior written consent. 20. Warranty: Contractor offers a hardware warranty, a 99.99% uptime service level agreement, and 24/7 customer support. See Contractor’s Terms of Service (last updated Feb. 2025), attached as Exbibit C, for hardware warranty. 21. Malicious Code: Samsara will not knowingly introduce any Malicious Code within the Samsara Software that seeks to maliciously damage, destroy or alter Customer Data; provided that if there is any Malicious Code in the Samsara Software, Samsara shall use commercially reasonable efforts to remove such Malicious Code. The limitation of liability described in Section 13 does not apply to this indemnification obligation. 22. Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Zac Collins or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Luke Wagner (luke.wagner@samsara.com) 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 to the email address or fax number 156 Agreement for Professional Services and Software as a Service Page 13 of 16 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. Samsara Inc. Email: legalnotices@samsara.com Telephone: (415) 985-2400 Address: Attn: Legal Team, 1 De Haro Street, San Francisco, CA 94107 23. Permits: Contractor shall comply with all applicable laws, ordinances, rules, and regulations. 24. 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 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. 25. 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. 157 Agreement for Professional Services and Software as a Service Page 14 of 16 26. 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. 27. 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. 28. 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 electronic 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. 29. 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. 30. 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 158 Agreement for Professional Services and Software as a Service Page 15 of 16 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. 31. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 32. 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. 33. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 34. 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 sections to which they refer. 35. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 36. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 37. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or 159 Agreement for Professional Services and Software as a Service Page 16 of 16 enforced by a third party. 39. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 40. 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. 41. 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 Samsara CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Adam Eltoukhy Print Title: Chief Legal Officer APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 160 City of Bozeman Samsara Scope of Services Project Overview Samsara Inc. will provide the City of Bozeman with a fleet management solution that includes hardware, software licenses, and support services. This solution will enable real-time visibility, vehicle telematics, and advanced fleet analytics to enhance operational efficiency and safety. Services Included: Hardware Provisioning and Installation ○ 95 Vehicle IoT Gateways (VG55) ○ 39 Forward-Facing Dash Cameras (CM33) ○ 30 Powered Asset Gateways (AG26) ○ Various required cables for installation (OBDII, J1939, Caterpillar 9-pin and 14-pin) Software and Licensing ○ 63-month license term ○ Vehicle Gateway Licenses for 95 units (Public Sector Only, No WiFi, No ELD) ○ Forward-Facing Dash Camera Licenses for 39 units ○ Plus Licenses for 30 Powered Asset Gateways ○ Real-time location tracking, telematics, and vehicle diagnostics ○ Dashboard access for fleet management ○ Mobile Driver App for iOS and Android with unlimited driver accounts ○ Over-the-air software updates ○ API access for third-party system integrations Shipping and Handling ○ Equipment will be shipped to the City of Bozeman at 814 N Bozeman Ave, Bozeman, MT 59715 ○ Shipping costs included: $1,069.30 161 2 Support and Maintenance ○ Customer support and maintenance included with active licenses ○ Warranty coverage as per Samsara's Hardware Warranty Policy ○ Assistance with troubleshooting and technical inquiries Implementation and Training ○ Guidance on device installation and activation ○ Training on dashboard use and fleet management tools ○ Best practices for leveraging Samsara’s analytics and reporting features Payment Terms ● Annual license fees payable via check ● The first invoice of $8,383.30 will cover hardware for an early implementation ● One-time license credit applied for the first month Solution: Hardware and Licenses: 95 Vehicle Gateways, including cables( GPS tracking on trucks and motor graders) The Vehicle Gateway (VG55) is a plug-and-play advanced sensor platform for fleets. It provides operators with real-time location and diagnostics, sensor data, and accessory compatibility. 39 CM 33s including cables (forward facing cameras for trucks and motorgraders) 162 3 The CM33 road-facing camera is designed to minimize high-risk behaviors and reduce safety-related costs while enhancing visibility into fleet operations. With capabilities like live scene analysis, the CM33 helps exonerate drivers and lower incidents. It provides comprehensive insights into safety and security, crucial for safeguarding of operators. 7 Asset Gateways (GPS tracking for trailers) The AGs track non-powered assets like trailers or equipment, providing their real-time location and usage data. They use long-life batteries to operate independently, ensuring continuous asset visibility without needing a power source. This helps in optimizing asset utilization and management. Software: • Real-Time GPS Data • Vehicle Diagnostics • Custom Reporting & Alerts • Service Coverage Map • Proximity Search • Unlimited Users • Custom Permissions Settings • Single Sign On • Samsara Driver and Fleet Apps • 250+ Integrations Warranty Policy ➔ Samsara's warranty for licensed devices, which in your proposal includes the dash camera, vehicle gateways and asset gateways, exists for as long as you maintain a valid license for those products. Here is a link to our Warranty and RMA policy. In the case of a 36 month agreement, these licensed products would be under warranty for the duration of that term. ➔ Samsara Customer Experience ➔ Access to our customer support team is included in the licensing (no additional cost) 163 4 ➔ Samsara provides 24x7 phone and email support. Customers can also submit a web ticket directly via their cloud dashboard. ➔ Training Center Access ➔ Live New User Training Prepared by: Luke Wagner luke.wagner@samsara.com - (214)-493-9575 164 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? We offer a 99.99% uptime guarantee. Please refer to our Hosted Software SLA linked here: https://www.samsara.com/legal/hosted-software-sla 2) Data Ownership: Who owns the data we provide and what can be done with the data? Per our terms of service, Customer owns its data and has controls over where and how long it is stored: https://kb.samsara.com/hc/en-us/articles/360043777351-Customizable-Data-Retention- Settings Please also see: https://security.samsara.com/controls#data-security ` 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. a. Samsara cannot comply at this time with the WCAG 2.0 AA requirements. However, Samsara strives to provide a platform that is accessible to people with disabilities, and is working toward meeting international industry standards. As a company, Samsara has invested in a new team responsible for the entire dashboard experience, including core usability and accessibility, with the goal of reaching compliance with the Web Content Accessibility Guidelines ("WCAG") and similar accessibility standards, as applicable to Samsara. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? i. Samsara is built on a secure multi-tenant cloud architecture with logical data separation. Customer data is logically separated across distributed databases with required authentication checks for every application-layer and data-layer access made to any tenant's data. The logical separation ensures that data is always associated with exactly one customer, and required authentication checks at the application and data layers ensure that data is completely isolated by customer and accounts provisioned for that customer. b. If PII is gathered, is it encrypted in transit and at rest? i. Data that is captured, stored or processed by Samsara is encrypted by default when in transit over public networks or at rest in the Samsara cloud. Specifically: Data in Transit Samsara uses the latest recommended secure protocols to secure traffic in transit, including TLS 1.2, AES256 encryption, and signatures. Data at Rest Data at rest in Samsara’s production network is encrypted using FIPS 140-2 compliant encryption standards, which applies to data at rest within Samsara’s systems—relational databases, file stores, backups, etc. All encryption keys are stored in an industry standard, secure system based on AWS’s Key Management Service. Samsara has 165 implemented appropriate safeguards to protect the creation, storage, retrieval, and destruction of secrets such as encryption keys and service account credentials. Secure Dashboard Viewing your Connected Operations in the Samsara cloud via the dashboard, Samsara mobile apps, and API requires secure, TLS-encrypted connections for all application traffic. c. If credit card transactions are occurring is your system fully PCI compliant? Yes. 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? a. Please see our data controls page here for all the measure we use to ensure data maintains its integrity: https://security.samsara.com/controls#data-security 6) We require data centers to be located in the United States: What country will our data be located in? a. Samsara uses AWS for cloud storage with data centers located in the US. 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? We respect customer data privacy. Where legally permitted, we provide Customers with notice when their data is being requested and only provide the minimum required to comply with the law. Please see this page for more information: https://www.samsara.com/legal/requestingcustomerdata 8) Reporting: What is your protocol for data breaches? a. Samsara will notify Customer without undue delay upon Samsara becoming aware of a Personal Data Breach affecting Customer Personal Data. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? a. Samsara has business continuity and disaster recovery plans in place to minimize impact to our customers. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? a. In the event the relationship is terminated, Customers have the right to export their data at any time during the term of the relationship and after termination Customer data will be deleted in accordance with Samsara’s data retention policies detailed here: https://www.samsara.com/legal/privacy b. Format of data: There are two ways to export data: from the Samsara API or directly from the Samsara dashboard in comma-separated values (CSV) format. For more information please see: https://kb.samsara.com/hc/en-us/articles/10118697996813-Samsara-Data-Export-Types 166 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? a. For customer rights, we can agree to termination for material breach with 30 days opportunity to cure. b. For Samsara’s right, we can agree to remove our right to terminate for convenience and limit termination to material breach. Questionnaire Completed by: Iva Gaylord Date: May 6, 2025 167 Exhibit B: Licensing Terms Page 1 of 1 Exhibit B LICENSING TERMS EXHIBIT Samsara Inc. (“Samsara”) and City of Bozeman, Montana (“Customer,” and together with Samsara, the “Parties”) hereby agree that this Licensing Terms Exhibit (this “Exhibit”) shall be attached as an exhibit to, and form a part thereof, the Parties’ Agreement under which Customer purchases Samsara products and/or services (“Products”) from Samsara (the “Agreement”). This Exhibit is effective as of the same date as the Agreement. To the extent there is a conflict between this Exhibit and other provisions in the Agreement, this Exhibit shall prevail. The Parties hereby agree as follows: 1.End User License Agreement. Customer’s use of Samsara’s products and/or services (“Products”) is subject to Samsara’s terms of service available at https://www.samsara.com/legal/public-sector-customers-platform-terms-of- service/ (“Terms of Service”). 2.Proprietary Rights. Notwithstanding anything to the contrary in the Agreement, Samsara owns all right, title and interest in and to the software Products and related technical documentation, including all improvements, modifications, and derivative works thereof. 3. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, NEITHER PARTY IS LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, AND EXCEPT AS TO A BREACH OF SECTION 10.2 OF THE TERMS OF SERVICE, EACH PARTY’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS CUSTOMER HAS PAID TO SAMSARA HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE DAMAGE. IN WITNESS WHEREOF, the Parties have executed this Exhibit to the Agreement effective as of the effective date of the Agreement. City of Bozeman \ By: ________________________________ Name: Chuck Winn Title: City Manager Date: ______________________________ Samsara Inc. By ___: _____________________________ Name: Adam Eltoukhy Title: Chief Legal Officer Da __te: ____________________________ 168 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resource Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for the Bozeman WTP Interim Optimization Improvements Project MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for the Bozeman WTP Interim Optimization Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Interim Optimization Improvements Project, originally identified as the Residual Handling Study Project, CIP Project W112, includes pipe modifications at the Water Treatment Plant’s (WTP) head tower and reconfiguration of the plant’s backwash piping. These modifications will improve the plant's operational efficiency and increase water conservation. The City procured the firm of Advanced Engineering and Environmental Services (AE2S) to provide engineering services for the project. The scope of service of the professional services agreement (PSA) with AE2S is limited to design and bidding. Design and bidding have been completed, and the construction contract has been awarded to MJD Contracting, LLC. In advance of construction, Amendment No. 1 expands the current PSA scope of service with AE2S to provide construction engineering and inspection services. The detailed breakdown of the services provided is included in the attached amendment. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The amendment amount totals $54,058. Funding for the amendment will be split between the unobligated funding for the Residual Handling Study Project, CIP No. W112 ($21,400) budgeted within FY25 and the WTP Capital Replacement budget ($505,800) within FY26; as such, adequate funding 169 exists. Attachments: Amendment 1_WTP Int Opt Project PSA_AE2S.pdf Report compiled on: May 29, 2025 170 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 1 of 6 Amendment No. 1 to Professional Services Agreement: Bozeman Sourdough Water Treatment Plant Interim Optimization Improvements Owner’s Project Number: W112 Engineer’s Project Number: P05097-2024-008 THIS AGREEMENT is made as of this ________ day of _______________ 2025, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated October 8, 2024, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: INCORPORATE THE FOLLOWING CONSTRUCTION PHASE SERVICES BY REPLACING PARAGRAPH OR SECTION 4.5 WITH THE FOLLOWING SECTION: 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. 4.5.2 Those services outlined in Exhibit E – Scope and Fee Definition for Construction Phase and Post-Construction Phase Services. 4.5.3 In addition to the services provided in Exhibit E the ENGINEER shall provide the following services during the Construction Phase: 4.5.3.1 Schedule and conduct a pre-construction conference. 4.5.3.2 Review Contractors' construction schedules, schedule of values, and schedule of submittals. 4.5.3.3 Retain records of all permits obtained by Contractor and submitted to Engineer. 171 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 2 of 6 4.5.3.4 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.3.5 Prepare stop and resume work orders for Owner’s issuance upon written direction from Owner. Engineer will have no authority to issue a stop or resume work order. 4.5.3.6 Review and approve or take other appropriate action with respect to shop drawings, samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that engineer has accepted. 4.5.3.7 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering errors or omissions are required to complete the project’s original design concept. 4.5.3.8 Inspect the project and when appropriate, and after conferring with OWNER, prepare a Certificate of Substantial Completion for Owner’s Award to the Contractor. 4.5.3.9 Conduct a final visit to the Project to determine if that work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice to Owner and Contractor in the form of Section 0065 60 (“Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of the Notice and Paragraph 10.2 of Exhibit A) to the best of Engineer’s knowledge, information, and belief, and based on the extent of the services provided by Engineer under this Agreement. 4.5.3.10 Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. This includes services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 4.5.3.11 While at the Site, compliance by Engineer and its staff with those terms of Owner’s or Contractor’s safety program provided to Engineer subsequent to the effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 4.5.3.12 Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor. 4.5.3.13 Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretations – RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a 172 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 3 of 6 written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 4.5.3.14 Engineer shall provide Owner Copies of all correspondence between the Engineer and Contractor. 4.5.3.15 Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Paragraph 4.5.1.8. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 4.5.4. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.5 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. INCORPORATE THE FOLLOWING POST-CONSTRUCTION PHASE SERVICES BY REPLACING PARAGRAPH OR SECTION 4.6 WITH THE FOLLOWING SECTION: 4.6 POST CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Post-Construction Phase are summarized as follows: 4.6.1 Those services outlined in Exhibit E – Scope and Fee Definition for Construction Phase and Post-Construction Phase Services. 4.6.2 In addition to the services provided in Exhibit E, the ENGINEER shall provide the following services during the Post-Construction Phase: 173 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 4 of 6 4.6.2.1 Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 4.6.2.2 Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 4.6.2.3 Prepare and supplement Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 4.6.2.4 Submit a signed written certification to the Department of Environmental Quality or delegated local authority, confirming that the improvements as constructed comply substantially with approved plans and design standards, with no unapproved deviations. MODIFY THE ENGINEER’S COMPENSATION FOR CONSTRUCTION AND POST CONSTRUCTION PHASE SERVICES BY ADDING SECTION A.6.2 AS FOLLOWS: A.6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and Post Construction Phase services performed as Basic Engineering Services under sections 4.5 through 4.6 including General Administration of Construction Contract, Resident Project Representation, and Post Construction, shall be compensated in accordance with the following: A.6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $54,058.00 except as provided under A.6.2.1.2 and A.6.2.4. A.6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost (included in EXHIBIT E section E.7) times a factor of 3.70 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. A.6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph A.6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under A.6.2.1.1. The amount and terms of any additional 174 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 5 of 6 compensation under A.6.2.1.1 or A.6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. A.6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 3.20 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. A.6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $1,000.00 which includes $ 0.00 for consultants employed by the Engineer and $1,000.00 for all other reimbursable expenses. A.6.2.3. RESERVED A.6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.70 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. INCORPORATE THE FOLLOWING EXHIBITS INTO THE AGREEMENT’S TERMS, CONDITIONS, AND EFFECT. EXHIBIT A | Engineer’s Status During Construction EXHIBIT B | A Listing of the Duties, Responsibilities, and Limitations of Authority of the Resident Project Representative. EXHIBIT E | Scope and Fee Definition for Bozeman Sourdough WTP Interim Optimization Improvements: Construction Phase and Post-Construction Phase Services. 175 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 Page 6 of 6 Engineer is authorized to begin performance upon receipt of a copy of this Amendment signed by Owner. IN WITNESS WHEREOF, the parties hereto do make and execute this Amendment on the day and year first above written. CITY OF BOZEMAN ___________________________________ Interim City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Zach Magdol, PE Operations Manager 176 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit A Page 1 of 3 EXHIBIT A ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit, issued in Amendment 1, dated ____________________________ is attached to, made a part of and incorporated by reference with the Agreement made on October 8, 2024, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE 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 and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 177 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit A Page 2 of 3 10.5. AUTHORIZED VARIATIONS IN WORK 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 Time and are consistent with the overall intent of 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 CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES 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 recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation 178 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit A Page 3 of 3 or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. ENGINEER shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall ENGINEER have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at a project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between OWNER and such contractor. ENGINEER shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except ENGINEER’s own employees) at a project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by ENGINEER. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 179 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit B Page 1 of 4 EXHIBIT B A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit, issued in Amendment 1, dated ____________________ is attached to, made a part of and incorporated by reference with the Agreement made on October 8, 2024, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 180 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit B Page 2 of 4 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 181 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit B Page 3 of 4 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 182 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit B Page 4 of 4 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER.183 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit E Exhibit A – Project Scope and Fee Definition Page 1 of 5 EXHIBIT E Scope and Fee Definition for Bozeman Sourdough WTP Interim Optimization Improvements: Construction Phase and Post-Construction Phase Services This Exhibit, issued in Amendment 1, dated________________________, is attached to, made a part of, and incorporated by reference with the Agreement made on October 8, 2024, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. E.1. PHASE 060 – CONSTRUCTION PHASE SERVICES: Perform those services outlined in Paragraph 4.5 for the following scope of Construction from the Project’s Bidding Documents: 1. Bid Package B: Membrane Backwash Recycle Improvements 2. Bid Package D: Head Tower Recycle Flow Improvements E.2. PHASE 070 – POST-CONSTRUCTION PHASE SERVICES: Perform those services outlined in Paragraph 4.6 for the following scope of Construction from the Project’s Bidding Documents: 1. Bid Package B: Membrane Backwash Recycle Improvements 2. Bid Package D: Head Tower Recycle Flow Improvements E.3. PROJECT SCHEDULE: 1. Estimates for these services are based on an assumption that Contractor’s on-site construction activities will last no more than 3 weeks. E.4. RESERVED: E.5. ASSUMPTIONS AND EXCLUSIONS: 1. Fees for Construction Phase and Post-Construction Phase Services are based on the following assumed durations or number of Construction Administration Activities: a. Weeks of Construction ...................................................... 3 weeks b. Submittal Reviews .................................................... 10 submittals i. Assumes Technical and Administrative Submittals ii. Assumes 0 submittals requiring services from Electrical, Mechanical, Architectural, Instrumentation & Controls, Structural, or Geotechnical Engineers. c. Pay Applications ............................................. 2 Pay Applications d. Work Change Directives (WCDs) ................................... 2 WCDs e. Change Orders (COs) .............................................................1 CO f. Request for Interpretation (RFIs) ........................................ 2 RFIs g. Project Meetings .............................................. 2 Project Meetings 184 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit E Exhibit A – Project Scope and Fee Definition Page 2 of 5 i. Pre-Construction Meeting (1) ii. Progress Meeting (1) h. Misc. Field Observations and Coordination Items............. 2 Items i. Substantial Completion Walk Through ................. 1 Walkthrough j. Interim Punch List Inspections .................................. 1 Inspection k. Final Payment Inspection & Application .................. 1 Occurrence l. Correction Period Walk Through ......................... 2 Walkthroughs i. Interim Walk-Through ii. 11 Month Inspection 2. Other assumptions included in notes on tables in Section E.6. E.6. SUMMARY OF PROFESSIONAL SERVICES CONTRACT: 185 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit E Exhibit A – Project Scope and Fee Definition Page 3 of 5 186 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit E Exhibit A – Project Scope and Fee Definition Page 4 of 5 187 Professional Services Agreement Between City and Engineer Project: Bozeman Sourdough WTP Interim Optimization Improvements Amendment 1 | Exhibit E Exhibit A – Project Scope and Fee Definition Page 5 of 5 E.7. DIRECT LABOR COSTS & REIMBURSABLE EXPENSE SCHEDULE: Maximum Billable Direct Labor Costs Engineer 4 $66.50 Engineer 3 $58.00 Engineer 2 $41.00 Engineer 1 $37.50 Construction Services 4 $47.00 Construction Services 3 $44.00 Construction Services 2 $35.00 Engineering Tech 5 $41.00 Engineering Tech 4 $38.00 Engineering Tech 3 $33.00 Engineering Tech 2 $29.00 Engineering Tech 1 $22.00 I&C 4 $57.00 I&C 3 $51.00 I&C 2 $47.00 Reimbursable Expense Rates* Transportation $0.75/mile Survey Vehicle $0.95/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/day Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour Cellular Modem $75.00/month Legal Services Reimbursement $250.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Project Specific Equipment Negotiable * These rates are subject to adjustment each year on January 1. 188 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Authorize the City Manager to Sign an Amendment 2 to Professional Services Agreement with Code Studio to Extend Term and Contract Amount MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Second Amendment to Professional Services Agreement with Code Studio to Extend Term and Contract Amount 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 City Commission approved a contract with Code Studio in June 2022 to assist the City in updates to Chapter 38 of the municipal code. The project has taken longer than originally expected. This second amendment is to extend the time of the contract to allow the project to be completed with adjustments as directed by the City Commission. Funds for the project have been budgeted and approved by City Commission previously. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the Commission. FISCAL EFFECTS:None, funds for the contract are already budgeted. Attachments: PSA Code Studio Amendment 6-3-2025.pdf Report compiled on: June 3, 2025 189 Second Amendment to Professional Services Agreement for Update to Chapter 38, UDC. Page 1 of 3 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CODE STUDIO TO UPDATE CHAPTER 38, BMC dated June 28, 2022, (the “Agreement”) is made and entered into this _____ day of ____________, 2025, 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 Code Studio, Inc., 1800 East 4th Street, Unit 125, Austin TX, 78702, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Contract Term. Section 2 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on June 1, 2026. 2. Modification to Authorization for Extensions. Section 31 of the Agreement is modified to allow for a maximum contract term to not exceed December 31, 2026. 3. Payment: Section 4 of the Agreement is replaced in its entirety with the following: Section 4 of the Agreement is amended to read: “City agrees to pay Contractor for work completed at the hourly rates in Exhibit A up to a not-to-exceed amount of $100,000, plus the actual cost of reimbursable expenses. 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 above. The City must agree in writing upon any additional charges. 4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 190 Second Amendment to Professional Services Agreement for Update to Chapter 38, UDC. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CODE STUDIO CONTRACTOR By________________________________ By_____________________________ Chuck Winn, Interim City Manager Print Name: Lee Eisweiler Title: President APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 191 Second Amendment to Professional Services Agreement for Update to Chapter 38, UDC. Page 3 of 3 EXHIBIT A CODE STUDIO HOURLY RATES Principal - $225 Project Manager - $160 Associate - $140 Graphics & Research - $115 192 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution of Intent to Authorize the Order of the Installation of Sidewalks in Portions of Valley West Subdivision, Phase 3A, 3B, 3C, 3D and in Portions The Lakes at Valley West Subdivision Phase 3, and Schedule a Public Hearing for July 15, 2025 MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Authorize the City Manager to Sign a Resolution of Intent to order the installation of sidewalks in portions of Valley West Subdivision, Phase 3A, 3B, 3C, 3D and in portions The Lakes at Valley West Subdivision, Phase 3 and schedule a public hearing for July 15, 2025. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Department of Transportation and Engineering has received requests from the Home Owners Associations of the above-mentioned Subdivisions requesting that the City take the necessary actions to complete the installation of missing sections of sidewalk along streets in these neighborhoods. In Valley West Subdivision – Phase 3A, 3B, 3C and 3D: 5 lots currently do not have sidewalks. In the Lakes at Valley West Subdivision Phase 3: 1 lot currently does not have sidewalk. The attached exhibit maps show the areas where sidewalks are missing. Bozeman Municipal Code Section 34.04.50 and the Montana Code Annotated Chapter 7-14-4109 allows the City Commission to order the installation of sidewalks through resolution and without formation of a special improvements district. In addition, a note on the recorded plats for each of these subdivisions state that property owners shall construct sidewalks for their lots upon the third anniversary of the recordation of the plat. More than three years has passed since these plats have been recorded. The attached resolution of intent and notice to residents will start the required sidewalk installation process. A public hearing will be held on July 15th, 2025. 193 UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:The engineer’s estimate for the cost of sidewalk installation is $20 per square foot. The total area of sidewalk to be installed is 3,380 square feet across six lots. The total cost of the work is estimated at $67,600. The adjacent property owners shall bear the cost of sidewalk installation. The property owners may solicit a contractor to perform the work, otherwise, the city shall solicit a contractor and assess the adjacent property owner. Attachments: 6.10.25 Resolution of Intent.docx 6.14.25 Public Notice.docx Missing Sidewalk Location Exhibits.pdf Report compiled on: May 22, 2025 194 Page 1 of 3 COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION’S INTENT TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. WHEREAS,Section 7-14-4109, Montana Code Annotated, provides that a local governing body may order sidewalks constructed in front of any lot or parcel of land; and WHEREAS, Sec. 34.04.50, Bozeman Municipal Code, requires that upon the third anniversary of the plat recordation of any phase of a subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot; and WHEREAS,the plat for Valley West Subdivision, Phase 3A & 3B was recorded on March 3, 2006, the plat for Valley West Subdivision, Phase 3C was recorded on July 25, 2006, the plat for Valley West Subdivision, Phase 3D was recorded on June 15, 2007, the plat for The Lakes at Valley West – Phase 3 was recorded on March 8, 2017; and WHEREAS,there remain several lots in said Phases of Valley West, and The Lakes at Valley West Subdivisions that lack sidewalks in front of them; and WHEREAS, property owners have requested that the necessary steps are taken to complete the installation of sidewalks along all the streets in said subdivisions. 195 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That, in accordance with the provisions of Section 7-14-4109, Montana Code Annotated, Sec. 34.04.50, Bozeman Municipal Code, and the City’s sidewalk policy, as established in Commission Resolution No. 2965, the City Commission declares its intent to order the installation of sidewalks where they are lacking on the following described properties: 1. Lot 161, Valley West Subdivision – Phase 3A 2. Lot 183, Valley West Subdivision – Phase 3A 3. Lot 2, Valley West Subdivision – Phase 3B 4. Lot 101, Valley West Subdivision – Phase 3C 5. Lot 74, Valley West Subdivision – Phase 3D 6. Lot 27, The Lakes at Valley West – Phase 3 Section 2 That at a regular session of the City Commission of the City of Bozeman, to be held in the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Tuesday, the 15th day of July, 2025, at the hour of 6:00 p.m. of said day, is the time and place when and where the City Commission will hear testimony in support of and in opposition to the ordering of sidewalks as contained in Section 1, above. The City Clerk is hereby directed to publish notice of the adoption of this resolution of intention. Section 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of June, 2025 196 Page 3 of 3 ___________________________________ Terry Cunningham Mayor ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 197 NOTICE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 10th day of June, 2025, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted a resolution, entitled: COMMISSION RESOLUTION NO. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION’S INTENT THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF VALLEY WEST SUBDIVISION – PHASES 3A, 3B, 3C, 3D AND THE LAKES AT VALLEY WEST SUBDIVISION – PHASE 3 AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14- 4110, MONTANA CODE ANNOTATED. A copy of said Commission Resolution is on file with the City Clerk at 121 N. Rouse Avenue, Bozeman, Montana, which states the City Commission’s intent to install sidewalks along particular lots within the city limits of the City of Bozeman, unless otherwise noted, as follows: 1. Lot 161, Valley West Subdivision – Phase 3A 2. Lot 183, Valley West Subdivision – Phase 3A 3. Lot 2, Valley West Subdivision – Phase 3B 4. Lot 101, Valley West Subdivision – Phase 3C 5. Lot 74, Valley West Subdivision – Phase 3D 6. Lot 27, The Lakes at Valley West – Phase 3 NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 15th day of July, 2025, at 6:00 p.m. at the Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana, is designated as the time and place set for hearing and passing on all public testimony in support of and in opposition to this proposed sidewalk installation order. This notice is given pursuant to Section 7-3-4448, M.C.A. DATED this 14th day of June, 2025. _________________________ Mike Maas 198 City Clerk P.O. Box 1230 Bozeman, MT 59771 (406) 582-2320 Legal Ad Publish:June 14, 2025 June 21, 2025 199 200 201 202 203 co 0') I..() I J ('f) w (f) <( I a... r- (f) ~ >-w _J _J ~ ~ (f) w ~ ::i i I· CERTIFICATE OF DEDICATION We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Phase 3 of The Lakes at Valley West, being Lot R2 of The Lakes at Valley West-Phase 1 & Phase 2, Plat J-572; situated in the NEY.NWY. of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: FINAL PLAT THE LAKES AT VALLEY WEST -PHASE3 LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572, SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. ZONING CITY OF BOZEMAN R-1 OWNER THE LAKES AT VALLEY WEST, BOZEMAN TWO, LLC 4515 N56TH ST PHOENIX, AZ 85018-3119 BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING, N.Olo06'05"E., ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE RE·ESTABUSHMENT OF OBLITERATED CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, AND 10, THE RESULTJNG BEARJNG IS N.Ol006'00"E. PURPOSE TO CREATE 50 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, AND 1 RESTRICTED LOT Commencing at the Corner to Sections 4, 5, 8, and 9, Township 2 South, Range 5 East, Principal Meridian, as described on Certified Corner Recordation, Book 4, Page 931, Document No. 2566976, filed at the Gallatin County Clerk and Recorde~s Office; thence N.88" 04' 19"E. for 1337.30 feet to the West One-sixteenth Corner between Section 4 and Section 9; thence S.OO" 59' 02"W. for 50.06 feet along the east boundary of the NWY.NWY. of Section 9 to a point on the south right-of-way of Durston Road, the Point of Beginning; thence N.88' 04' 19"E, for 873.66 feet along the south right-of-way of Durston Road to the northwest corner of Phase 2 of The Lakes at Valley West; thence S.1 "54'25"E., 25.00 feet to an angle point on the west boundary of Phase 2 ofThe Lakes at Valley West; thence S.19"42'50'W., 388.15 feet to an angle point on the west boundary of Phase 2 of The Lakes at Valley West; thence S.13"17'40"E., 223.76 feet to the southwest corner of Phase 2 of The Lakes at Valley West; thence N.88"04'19"E., 487.01 feet to a point on the west right-of-way of North Laurel Parkway; thence S.0'58'16"W., 694.85 feet to a point on the north boundary of the SEY.NWY. of Section 9; thence S.88'28'17"W., 1292.11 feet to the Northwest One-sixteenth Corner of Section 9; thence N.OO" 59' 02"E. for 1291.80 feet along the east boundary of the NWV.NWV. of Section 9, to the Point of Beginning. 500 0 250 500 The Area of the above described tracts of land is 1,376,730 square feet, or 31.605 acres, more or less. The above-described tract of land is to be known and designated as "The Lakes at Valley West-Phase 3", City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City of Bozeman accepts responsibility for maintenance include Westmorland Drive and Westgate Avenue. The undersigned hereby grants unto each and every person finn or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. THE LAKES AT VALLEY WEST, BOZEMAN TWO, LLC. q_ ~I Dated State of iYJol'l h:uu.• .. County of r"f \lt.,\j,__ On this q ~ day of Muft.l\... , 2017, before me, the undersigned Notary Public for the State of MtMi.wG-personally appeared James M. Kilday, known to me to be the Authorized Representative of The Lakes at Valley West, Bozeman Two, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of IIJ\w\-r.w.c..- Printed Name C..ltltlSnE I.E-E: srANDift>Rt? Residing at Berc1Mne-1 IW>NTA!JA My commission expires M""'Y,k U, cl1f> 1'1 CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The Lakes at Valley West-Phase 3, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ___ ..__ _____ day of_-'-~--"'<Q'-'n-'-'\ ________ , 2017. oolard Direct of Public Works City of Bozeman, Montana CERTIFICATE OF DIRECTOR OF PUBLIC WORKS I, Craig Woolard, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __ ..j..___ day of ~\1. \ '2017. ~llllllj;~llllllj;-~-1111;;;;;~·~~1 L--~ I ( IN FEET ) PROJECT AREA VICINITY MAP DEDICATION AND EASEMENT NOTE All streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements. The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public, upon acceptance by the governing authority. CERTIFICATE OF SURVEYOR I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411 LS, hereby certify that the Final Plat of The Lakes at Valley West Phase 3 was surveyed under my supervision between July 2016 and December 2016, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by September 1, 2017, due to public improvements construction pursuant to 24.183.1101 (1)(d) \\\\1\1" I". i 1( /Jj A.R.M. ;:.''' 0 NT A 11,/'''-<o~ M A'f-C_\.\. #' "' . . . . . ~ ,~ -~ o• "• ~-Dated this day of , 2017. ~ • • • •""' ~ : JON C. •• ~ "'· 1 ,.-g.,: WILKINSON :a:~ -:--:::-:-:-::::-:---:::;-;::-:::::--:::-':#~C"'-"-• .5. tv.~~,M~~~~;: . No. 16411 LS : S: ff Jon C. Wilkinson, PLS, CFedS "'<:'~· ( Q • -}!: ~ ~ -~ • /CENS~ .• -$"-~ MT Reg.#16411LS ~ :l'o •• • · • · • <;; ,$:' MorrisonMMaierle, Inc. ~,,/.,.4L L~~\)\''''~ 11111/tr I Ill 111\\\ 3 ~) THE LAKES AT VALLEY WEST J-598 CERTIFICATE OF COUNTY TREASURER I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certil)r that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. r.~ Afl L Dated this _1J..._ __ day of _ _,_j'I~O.~f(,~V\~---' 2017. Tax ID No. Tax ID No. CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, James M. Kilday and I, James R. Nickelson, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of The Lakes at Valley West Phase 3, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: None Financially Guaranteed Improvements: 1. Street Improvements 2. Sewer & Water Improvements 3. Storm Water Improvements 4. Sidewalk Improvements 5. Open Space ll)lprovements The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. /Y-1. Craig oolard Director of Public Works City of Bozeman, Montana Dated Dated CERTIFICATE OF CLERK AND RECORDER I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at ll '.'AS o'clock, (a.m.,..,.,....,.), this tO +h day of !31.ri I, , 20111. and recorded in Book :t of Plats on page 5 GfS3 , and Document# Q 5"1(.tl '1 o , Records of the Clerk and Recorder, Gallatin County, Montana. Dated this b~ ,day of ~ c'.\ '2017. l!,t;u;J!L ~ ~. G ) ""-. n, , . ~ ~C~ha~rlo~tte~M~i~lls----~~--~~~~~~~r~ ~ Clerk and Recorder Gallatin County, Montana 2576470 Paee, 1 of 4 04/06/2017 11:35:39 ~M Fee: $53.50 Charlotte Mills -Gallatin Counly, MT PLRT · liiiiiiiiiiiiiDIIIIIIIIIIIIIIIIIIIIII[I!I!II~~IIIIIIIIIIIIIIIIIImllllJIIIIJIIIIIII 11 jj Morrison -Maierle 2660 Technology Bllld West Bozeman, MT 59718 Phone; 406.567.0721 Fax: 406.922.6702 1/4 SEC. NW SECTION 9 TOWNSHIP 2S RANGE 5E engineers • .surveyors . plan.ners · scientists COI'YRJGHT 0 MORRlSOru.IAIERLE, INC.,2017 PRINCIPAL MERIDIAN, MONTANA FIELD WORK: _,M"'M=..I __ DRAWN BY: __,C"'-H-"-N.:...._ __ CHECKED BY: JCW DATE: 3/2017 SCALE: 1"=500' PROJ. #: 5352.007 GALLATIN COUNTY, MONTANA PLOTTED DATE: Mar/07/2017 norsworthy CLIENT; PLOTTED BY: cole SHEET _1_ OF _4_ DRAWING NAME: N;\5352\007\ACAD\Survey\FPLAT\5352007-PHASE3-FPLAT-PLOT.dwg 204 00 (J') LO I ......, ('f) w C/) <( I a_ 1- C/) w s >-w _J _J ~ ~ C/) w ~ ::s PARCEL LINE DATA PARCEL CURVE DATA SEGMENT LENGTH DIRECTION SEGMENT L1 12.56 S56" 35' 04"W L2 23.59 S56" 35' 04"W L3 17.38 N50" 56' 59"E L4 29.97 S39" 03' 01 "E L5 18.80 S70" 17' 10"E L6 18.80 S70" 17' 10"E L7 18.80 S70" 17' 10"E L8 30.00 S11" 18' 23"W L9 8.38 S50" 56' 59"W L10 15.98 S51" 03' 54"W L11 9.31 S56" 35' 04"W L12 30.00 N20" 17' 08"W L13 20.90 S36" 32' 03"E L14 57.63 N56" 35' 04"E L15 30.04 S36" 32' 03"E L16 30.03 N36" 32' 03"W L17 65.49 N56" 35' 04"E L18 58.08 N50" 56' 59"E L19 64.84 N50" 56' 59"E L20 3.59 SO" 59' 02"W L21 0.16 N56" 35' 04"E L22 0.16 N50" 56' 59"E L23 21.61 S39" 03' 01 "E L24 17.72 S88" 04' 19"W L25 6.38 N11" 18' 23"E L26 6.10 N11" 18' 23"E L27 6.38 N11" 18' 23"E L28 19.60 N 19" 23' OO"E L29 52.40 N 19" 23' OO"E L30 37.89 S74" 03' 24"E L31 10.00 S19" 23' OO"W L32 10.77 S19" 23' OO"W L33 15.84 N20" 17' 08"W L34 15.84 N20" 17' 08"W L35 8.40 N50" 56' 59"E L36 16.62 N75" 16' 23"E L37 16.62 N75" 16' 23"E L38 25.27 S27" 34' 07"E L39 11.50 N51" 12' 06"E L40 19.74 SO" 59' 02"W L41 9.50 SO" 59' 02"W L42 19.74 SO" 59' 02"W L43 15.71 SO" 59' 02"W LEGEND ~ PARKING EASEMENT SEE PAGE4ffi w PUBLIC STORM WATER UTILITY EASEMENT ~ DRIVEWAY ACCESS & UTILITY EASEMENT ~ SEE PAGE 4 ffi AND ffi ~ 10' PUBLIC UTILITY & STREET MAINTENANCE/SNOW ~ REMOVAU STORAGE EASEMENT 1::: : :::: :::::: :: ::: I ADDITIONAL SNOW REMOVAL STORAGE AREA . . . . . . . . . . . . . . . . . . ·················· . . . . . . . . . . . . . . . . . . ~ 10' PUBLIC UTILITY EASEMENT (TYPICAL) • FOUND REBAR WITH A PLASTIC CAP SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP 0 MARKED "MORRISON-MAIERLE INC. 16411LS". MONUMENTS TO BE SET BY SEPTEMBER 1. 2017. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 LENGTH 2.35 16.02 16.02 25.23 57.01 55.55 13.92 16.00 16.00 30.02 7.62 43.60 42.46 17.36 7.48 22.15 20.35 30.40 20.07 31.89 18.01 20.24 24.54 12.28 77.34 62.38 57.39 32.43 1.43 19.94 32.67 20.79 2.45 RADIUS 180.00 180.00 180.00 180.00 37.60 36.38 390.00 450.00 450.00 450.00 450.00 27.00 26.13 120.00 120.00 180.00 180.00 20.00 184.00 20.00 459.00 13.00 216.00 216.00 216.00 200.00 184.00 20.00 121.00 121.00 88.00 56.00 89.00 DETAIL 1 DETAIL2 DELTA 0"44'50" 5"06'00" 5"06'00" 8"01'50" 86"52'50" 87°29'00" 2"02'40" 2"02'20" 2°02'20" 3"49'20" 0"58'10" 92"31'00" 93"07'10" 8"17'20" 3"34'10" ro3'00" 6"28'40" 87°05'20" 6"15'00" 91"21'10" 2"14'50" 89"12'20" 6"30'40" 3"15'30" 20"31'00" 17"52'20" 17"52'20" 92"54'40" 0"40'30" 9"26'30" 21"16'10" 21"16'10" 1"34'50" N56o35'04"E 0.16' BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING, N.01°06'05"E., ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE RE*ESTABLISHMENT OF OBLITERATED CORNERS BETWEEN THE ONE*QUARTER CORNER BETWEEN SECTION 9 AND SECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, AND 10. THE RESULTING BEARING IS N.Olo06'00~E. 40 0 20 40 ------( IN FEET ) FINAL PLAT THE LAKES AT VALLEY WEST-PHASE 3 LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572, SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. ZONING CITY OF BOZEMAN R-1 PURPOSE TO CREATE 50 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, AND 1 RESTRICTED LOT THE LAKES rr;-, I lOZEMI\N TWO, LLC 4515 N56TH ST PHOENIX, AZ.. 85018-3119 J-598 50' DURSTON ROAD ~[_~_,~"jR~I~G~HT~-~O~~~W~A~Y~~-----c----------------;-------------------------------------------!'~"'""~~C{)AD~---------------------------------------------:::~~~~~f:~::r--------------------~;J DEDICATED WITH THE DURSTON R z LAKES PHASE 1 & 2 50' DURSTON ROAD o RIGHT-OF-WAY ~ DEDICATED WITH THE-...._ -----~ z 0 PUBLIC STORM WATER UTILITY EASEM~NT LOT39 6000 sq.ft. LOT40 6000 sq.ft. z 0 30' 30' LOT38 4050 sq. ft. LOT37 4050 sq.ft. OPEN SPACE A LOT 11 2401 sq.ft. < Zw LAKES PHASE 1 & 2 PUBLIC STORM WATER UTILITY EASEMENT LOT10 2400 sq.ft. LOTB LOT9 LOT6 2400 sq.ft. 2510 sq.ft. 2400 sq.ft. _ _.;S::::Bo:..B'=.c04'19"W 34=0.94""--' __ ARNHEMWAY LOT22 LOT23 LOT2 3355 sq.ft. LOT24 "' W· u"' <(0' o.."' "'"' ~ Z:,G w"' 0.. 0 u w. U¢: <(ci-0.."' "'" z"' w~ 0.. 0 LOT46 5041 sq.ft. 80.48' LOT47 4500 sq. ft. LOT41 6000 sq.ft. LOT42 6010 sq.ft. LOT43 6391 sq.ft. LOT48 5614 sq.ft. LOT44 \ 4417 sq.ft. LOT49 5662 sq.ft. LOT36 4050 sq. ft. LOT35 4050 sq. ft. LOT33 LOT SO 5924 sq.ft. LOT13 4373 sq.ft. / ( LOT14 3705 sq.ft. LOT29 4506 sq.ft. \ LOT31 \ 5183 sq.ft. \ AREA SUMMARY-PHASE 3 LOT AREA: 4.85 acres (211,112) Sq. Ft. PUBLIC R-O-W AREA: 2.58 acres (112,385) Sq. Ft. OPEN SPACE (PUBLIC): 3.12 acres (135,907) Sq. Ft. PHASE 3 TOTAL AREA: 10.546 acres (459,404) Sq. Ft. LOT27 4169 sq.ft. LOT26 4624 sq.ft. LOT25 4622 sq.ft. LOT24 4617 sq.ft. OPEN SPACEF 75738 sq.ft. 79' LOT21j 3895 sq.ft. I LOT23 4613 sq.ft. LOT22 4964 sq.ft. .~Morrison -Maierle LOT27 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 LOT25 LOT26 LOT28 LOT29 LOT30 OPEN SPACE F PHASE 2 SECTION NW 9 LOT21 I LOT31 Doc.~ l5ll.o'tiO 2576470 LOTR2AAREA 21.059 acres (917,326 Sq. Ft.) ~·:"'::::'':"::." ;,:· ',:::"~:•':o•.:,:• '..!:':'"":"':",;..· •:de:"':i~ts::.--~=~===i;l'~· ~ PRINCIPAL MERIDIAN, MONTANA GALLATIN COUNTY, MONTANA FIELD WORK: _,M:"M:!!!Ic_ __ DRAWN BY: __.:oC::_H:::N:__ __ CHECKED BY: _,J,_,C"'W"--- DATE: 312017 GRAND TOTAL AREA 31.605 acres (1,376,730 Sq. Ft.) SCALE: _,_1_:"=24,_0' ___ _ PROJ. #: 5352.007 PLOTTED DATE: Mar/0712017 PLOTTED BY: cole norsworthy CLIENT: THE LAKES SHEET _3_ OF _4_ Page: 3 of 4 04/06!2017 11:35:39 AM Fee: $53.50 Charlotte Mills-Gallatw County, MT PLAT llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll_-. THE LAKES AT VALLEY 'WrEsT 205 co en LO I J ('f) w en <( I 0.... l-en ~ >-w .......J .......J ~ ~ en w ~ <( .......J LOT 5 \ I 30' PUBLIC WATER MAIN EASEMENT FILED WITH THIS PLAT OPEN SPACE A LOT 4 fEASEMENT AREA LOT 3 LOT 2 30 I CL\ DRIVEWAY ACCESS & UTILITY EASEMENT FOR LOT 4, PH. 3 LOT LOT 12 LOT 37 EASEMENT AREA 1--- .,...- LOT 36 ( LOT 13 30 I 0 I ---I ( IN FEEr ) 0 I ---I ( IN FEEr ) 15 30 I I Ci\ DRIVEWAY ACCESS & UTILITY EASEMENT FOR LOT 38, PH. 3 OPEN OPEN SPACE SPACE LOT 8 LOT 7 A LOT 9 A 28' 15 ' CONDITIONS OF APPROVAL SHEET THE LAKES AT VALLEY WEST -PHASE 3 LOT R2 OF PHASE 2 OF THE LAKES AT VALLEY WEST SUBDIVISION, PLAT J-572, SITUATED IN THE NEl/4 NWl/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. 30 I LOT 6 Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1. 2. 3. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R2A, of the Lakes at Valley West Subdivision Phase 3, City 'of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission ! without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapteri 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are ! completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Penn its will not be I issued for Lot R2A, of the Lakes at Valley West Subdivision Phase 3, City of Bozeman, Gallatin County, Montana until all j required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restrtction is lifted. This restrtction nuns with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. I ' Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments! levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility shall I include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks lor other common open space areas. All areas within the subdivision that are designated herein as common open space ' including trails are for the use and enjoyment by residents of the development and the general public. The property owners' association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all ! common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the i subdivider shall transfer ownership of all common open space areas within each phase to the property owners' association created by the subdivider to maintain all common open space areas within the Lakes at Valley West Phase 3. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharg~d onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrtans and vehicles. I 4. DUE TO THE POTENTIAL OF HIGH GROUND WATER TABLES IN THE AREAS OF THE SUBDIVISION, IT IS NOT RECOMMENDED THAT RESIDENTIAL DWELLINGS OR OTHER STRUCTURES WITH FULL OR PARTIAL BASEMENTS BE CONSTRUCTED WITHOUT FIRST CONSULTING A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF MONTANA AND QUALIFIED IN THE CERTIFICATION OF RESIDENTIAL AND COMMERCIAL CONSTRUCTION 5. All maintenance of Arnhem Way is the responsibility of the property owner's association. 6. All maintenance of storm water infrastructure is the responsibility of the property owner's association. 7. Lots along Durston Road have a 1' wide vehicular no-access easement unless otheiWise noted. Direct access to Durston Road will not be allowed for single family lots. B. City standard sidewalks (including a concrete sidewalk section through all prtvate drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, withoJt further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been I made upon the lot. ' 9. All portions of this subdivision are zoned R-1. Land uses shall be established in accordance with The Lakes at Valley West Planned Unit Development and its development guidelines first recorded in Document No. 2479575 and subsequent · ~-I 10. Front setback encroachments are allowed as provided in the protective covenants and restrtctions for The Lakes at Valley I West Planned Unit Development, Phase 3. ' 11. All open space parcels are hereby encumbered by a public access easement as recorded in I Document No. j 12. The plat shows an easement for snow removal and storage along Arnhem Way. Snow removed from Arnhem Way must I either be placed in this snow storage area or be hauled offsite to an approved location. Snow from Arnhem Way may not be deposited on public right of way. 11 Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : 1 ! The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Operi Space parcels designated with letter A, B, C, D, E & F. Unless specifically listed in the Certificate of Dedication, the city accepts no I responsibility for maintaining the same. The Lakes at Valley West, Bozeman, LLC hereby further certify that the following non-public i improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s} of approval of the I subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision I improvements agreement accompanying and recorded with this plat. Installed Improvements: None Financialfy Guaranteed Improvements: Landscaping, Irrigation System, Sidewalks and Traifs. The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number ______________ _ J-598 Special Improvement Distrtct Waivers: Buyers are hereby notified that the property is subject to two special improvement lighting districts (#728, #729 and# __ ) and subject to special improvement district waivers as identified in the annexation agreement, film 180 page 22 through 98 and special improvement districts listed in document#2048041 and document#'-------· PARK AREA TABLE: REQUIRED PARKLAND: LOTS 31, 48, 49, AND 50 0.06 acres/lot 0.24 acres REMAINING 46 LOTS 0.03 acres/lot 1.38 acres TOTAL: 1.62 acres SURPLUS PARKLAND FROM PHASE 1 AND 2: 2.94 acres SURPLUS PARK LAND PHASES 1, 2 AND 3 TO BE APPLIED TO FUTURE PHASES: 1.32 acres ~- The 54 dwelling urtits ~onsist of 1 unit on each lot in Phase 3 and 'one accessory dwelling unit on Lots 31, 48, 49, and 50 in Phase 3. ~ "' 1' 28' --- --- LOT 18 (3'\, PARKING EASEMENTS --- 1' EASEMENT AREA 1' --- LOT 19 33.5' OPEN SPACE E "' "' 1' 28' jl· 1' LOT 20 EASEMENT ARE -~ -EASEMENT AREA ---20 I LOT 21 0 ____. -( IN FEEr ) 10 20 I I We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approvaf and that ail conditions of subdivision application have been satisfied; and that the information shown is current as of the I date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. ' State of ---'-'rVIM-""-'-"1-a.M=A'-'--------- County of _ _JQ..:r.utJlo.h"""'"'-'-',""--------- On this q\11.. day of MIA...-c.lil... , 2017, before me, the undersigned Notary Public for the State of Mo.ai-4JIIl!-personally appeared James M. Kilday, known to me to be the Authorized Representative of The Lakes at Valley West, Bozeman Two, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of Movv.tJ/>. Prtnted Name C.llftlf>'C\e !..6E stAJJPl!=oru:> Residing at f3er EJ•AnE, Moi,JTAAJA My commission expires /1.\a.nk\ 4f. .Qt>l9 I THE LAKES AT VALLEY \17EST [l Morrison ••M . I -a1ere engineers • surveyors • planners • scientists FIELD WORK: -"M"'M.,_,I __ _ DRAWN BY: -'C"-H"'N,__ __ CHECKED BY: JCW \) oc :tf-:257{p~/o 2576470 Page: 4 of 4 04/06/2017 11 35:39 AM Fee: $S3.50 t Charh,tte Mllls -Gallatin County, MT PUn ·.. 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111111_ .... 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 408.922.6702 COPYRIGHT It> MORRISON-MA!ERLE. INC.,2017 1/4 SEC. NW SECTION 9 TOWNSHIP 2S PRINCIPAL MERIDIAN, MONTANA RANGE 5E DATE: 3/2017 GALLATIN COUNTY, MONTANA SCALE:...'.1.:"=,4;c0' ___ _ PROJ. #: 5352.007 PLOTTED DATE: Mar/07/2017 norsworthy CLIENT: THE LAKES PLOTTED BY: cole SHEET _4_ OF _4_ DRAWING NAME: N:\5352\007\ACAD\Survey\FPLAT\5352007-PHASE3-FPLAT-PLOT.dwg 206 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution of Intent to Create a Special Improvement Lighting District 792 for Bozeman West Apartments MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution of Intent to Create Special Improvement Lighting District 792 for Bozeman West Apartments 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property 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. Costs will be recovered by billing property owners each year on their City Assessment bill. It is 207 estimated to cost $46.33 per acre within the district or $468.72 annually for the entire district. Attachments: Resolution Intent to Create SILD 792.docx Exhibit B-Bozeman West Apartments.pdf Exhibit A.pdf Report compiled on: May 29, 2025 208 RESOLUTION XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 792 (BOZEMAN WEST APARTMENTS) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Intention to Create District; Proposed Improvements. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Bozeman West Apartments (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for: two (2) 37 watt Lumec Urban Domus Pendants by Signify, Bell Style Luminaire light on a single two foot arm mounted on a 15 foot straight pole, finish to be textured Forest Green per City of Bozeman standards. The initial monthly charge per fixture 209 Resolution of Intent to Create Lighting District 792 Page 2 of #NUM_PAGES# per month (the “Monthly Charge”) is estimated as follows: $19.53 per 37 watt LED fixture. This calculates annually to $234.36 per 37 watt light, for an estimated total annual cost of $468.72. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 792 (Bozeman West Apartments) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the District and will be assessed for the costs of the District as described in Section 1. The District, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the District. 210 Resolution of Intent to Create Lighting District 792 Page 3 of #NUM_PAGES# Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $468.72, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 10.11799 acres, or 440,740 square feet, exclusive of parks and open space. The initial costs per acre shall be $46.33 or $0.001063 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $468.72, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the improvements resulting in a cost not to exceed $95.72 per acre, or $0.002198 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set 211 Resolution of Intent to Create Lighting District 792 Page 4 of #NUM_PAGES# forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm, or corporation owning real property within the proposed District, whose property is liable to be assessed for the costs. Protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m. on Tuesday, July 1, 2025. 212 Resolution of Intent to Create Lighting District 792 Page 5 of #NUM_PAGES# If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, July 8, 2025 at 6:00 pm in the City Commission Room, Bozeman City Hall, 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on June 14, 2025 and June 21, 2025, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. 213 Resolution of Intent to Create Lighting District 792 Page 6 of #NUM_PAGES# PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of June 2025. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 214 Resolution of Intent to Create Lighting District 792 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. XXXX, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 792 (BOZEMAN WEST APARTMENTS) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE 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 of Bozeman at a meeting on June 10, 2025, 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 10th day of June, 2025. ___________________________________ MIKE MAAS City Clerk 215 Resolution of Intent to Create Lighting District 792 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 792 (BOZEMAN WEST APARTMENTS) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on June 10, 2025, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. XXXX to create Special Improvement Lighting District No. 792 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Bozeman West Apartments, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. XXXX is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for: two (2) 37 watt Lumec Urban Domus Pendants by Signify, Bell Style Luminaire light on a single two foot arm mounted on a 15 foot straight pole, finish to be textured Forest Green per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $19.53 per 37 watt LED fixture. This calculates annually to $234.36 per 37 watt light, for an estimated total annual cost of $468.72. The total area of the District to be assessed is 10.11799 acres, or 440,740 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $46.33. The first year of special assessment billing will include an additional 216 Resolution of Intent to Create Lighting District 792 amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $121.25 per acre, or $0.002784 per square foot. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on July 1, 2025. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements, on Tuesday, July 8, 2025, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time, and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 10th day of June, 2025. MIKE MAAS City Clerk City of Bozeman Legal Ad Publication Dates: Saturday, June 14, 2025 Saturday, June 21, 2025 217 Resolution of Intent to Create Lighting District 792 RESOLUTION XXXX Resolution of Intent to create Special Improvement Lighting District No. 792 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Bozeman West Apartments, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING MIKE MAAS, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 792, as listed in Exhibit "B", on Friday, June 13, 2025, directed to the owners at the addresses shown on Exhibit "B". ______________________________ MIKE MAAS City Clerk 218 Acct #Blk Lot Sq Ft Owner Owner Address City, State Zip 135620 2 B 2235 Tschache Ln 440,740.00 Bozeman West Apartment LP 101 E Front St, Ste 304 Missoula, MT 59802 Total 440,740.00 Address BOZEMAN WEST APARTMENTS Original Acct #135620 2235 Tschache Ln Exhibit B-Bozeman West Apartments.xlsx 5/29/2025/9:26 AM 219 S 89°00'36" E 661.19'N 2°44'53" E 666.95'S 2°50'27" W 667.15'30' WIDE WATERCOURSE SETBACK (TYP)/////////////////////////////////////////////////// /// //////////////////////// /// /// ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////ESDESDE8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8SE8SE8S E8S E8S E8S E8S E8S E8S E8S E8S BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP E8W E8W E8W E8W E8W E6WSE8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8W E8WE8W E8W E8W E8W E8W E8W E8W E8W E8W E8W EW EW EW EW EW EW EW EW E8W TP-4 TP-2 TP-1 TP-3 TP-5 TP-6 TP-7 TP-8 TP-9 TP-10 TP-11 TP-12 T T T T T HHHH HH M VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2025COPYRIGHT © MORRISON-MAIERLE, SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\3959\026 - BOZ WEST CA\04 DESIGN\AGENCY SUBMITTAL\SILD APPLICATION\LIGHTING EXHIBIT.DWGREVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle PLOTTED BY:MAYA SIMMONS ON Apr/08/2025 BOZEMAN WEST APARTMENTS BOZEMAN MONTANA SILD EXHIBIT 3959.021 0 EX. 1 MNS 4/8/2025 50 10025500 SCALE IN FEET   POOL PROPERTY BOUNDARY PEDESTRIAN LIGHTING TSCHACHE LANE 220 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Jon Henderson, Assistant City Manager Chuck Winn, City Manager SUBJECT:A Resolution Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2025 General Election MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt a Resolution Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2025 General Election. 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 2025 municipal election includes the election of a Mayor, two Commissioners, and a City Judge. Due to changes from the Legislature this year with HB207, candidate filing had some changes to the established timelines. Per the Gallatin County Elections Manager: "...effective upon signing by the Governor on May 12th, the candidate filing period for municipal nonpartisan elections has been changed to fall between 105-90 days before the election. For the upcoming September 9th Municipal Primary, this bill has changed the candidate filing period window to May 27- June 11. Candidates who have already filed do not need to refile for this election. Those who had filed before the May 12th bill passage were accepted on the date that they filed. The few candidates who fall between May 12th and May 27th will not be formally accepted by our office until May 27th to align with this new law change." The City Commission has historically in recent elections paid return postage for the municipal election. The indication is that the Gallatin County will not have a ballot issue and therefore, full costs for this election will be the responsibility of the City of Bozeman. City Manager's Recommendation: The City Manager recommends holding a mail ballot election with return postage paid. Primary Election: According to Gallatin County Election Office, a primary 221 election will occur if there are three candidates in two or more contests, or five candidates in any contest. If this occurs, the primary election will be held September 9, 2023. General Election: The general election will be held on November 4, 2025. Mail Ballot Elections In a mail ballot election, only active registered voters are mailed a ballot. This is according to Section 13-19-207, Montana Code Annotated. 13-19-207. When materials to be mailed. (1) Except as provided in 13-13- 205(2) and subsection (2) of this section, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before election day. (2) (a) All ballots mailed to electors on the active list and the provisionally registered list must be mailed the same day. (b) At any time before noon on the day before election day, a ballot may be mailed or, on request, provided in person at the election administrator's office to: (i) an elector on the inactive list after the elector reactivates the elector's registration as provided in 13-2-222; or (ii) an individual who registers under the late registration option provided for in 13-2-304. (c) An elector on the inactive list shall vote at the election administrator's office on election day if the elector reactivates the elector's registration after noon on the day before election day. (d) An elector who registers pursuant to 13-2-304 on election day or on the day before election day must receive the ballot and vote it at the election administrator's office. At this time there are 42,283 active voters. Based on $.73 per piece of potential return postage cost, per the Gallatin County Election Department potential return postage costs are as follows: Using an overestimate high end of return rates for Bozeman Municipal Elections 50% For 42,283 active voters and an estimated 800 new registrations would amount to 21,542 returned ballots. At $.73 per piece, this cost would amount to approximately $15,725.30. In 2023, the costs for election were: Ballots $11,835.75 Advertising $599.80 Postage $18,893.53 (including Manhattan and West Yellowstone) Mailing $9,568.36 Materials $8,381.50 Personnel $9,666.37 Total: $58,945.31 222 Based on these anticipated costs, the total cost of the Municipal Election will be approximately $80,000. If a primary election is required, these costs will increase. Polling Place Elections A polling place election is approximately twice as costly as a mail ballot. The number of ballots the County Election Department uses for a polling place election is larger than a mail ballot election. All the annual absentee voters are mailed a ballot but a larger number has to be used for a base to figure the number of ballots to be printed since there is no way to know how many voters will show up at the polls. In addition, the setup charges for a polling place election are higher. Summary If the City Commission opts to move forward with a mail ballot election for 2025, the City Clerk must submit a Resolution to the Gallatin County Election Department no later than June 11, 2025. UNRESOLVED ISSUES:The City must make its determination prior to knowing whether a primary election is required. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The City Manager's Recommended Budget contains $160,000 for the conduct of the Municipal Election. Attachments: Resolution Mail Ballots 2025.docx Report compiled on: June 3, 2025 223 Version February 2023 RESOLUTION 2025__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NOTIFYING THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE CITY’S DESIRE TO CONDUCT THE 2025 CITY PRIMARY (IF HELD) AND THE 2025 GENERAL ELECTIONS BY MAIL BALLOT IN ACCORDANCE WITH SECTION 13-19-202, MONTANA CODE ANNOTATED, AND NOTIFICATION OF THE CITY’S COMMITMENT TO FUND THE RETURN POSTAGE COSTS WHEREAS, voter turnout in Bozeman’s municipal elections has historically been low; and WHEREAS, Montana law provides a method for conducting mail ballot elections for local elections; and WHEREAS, mail ballot elections statistically increase voter turnout in elections; and WHEREAS, the City of Bozeman conducted the 2023 general election by mail ballot with a return rate of 30.86% with the City paying for return postage paid; and WHEREAS, the costs of conducting a mail ballot election are less than the costs of conducting a polling place election; and WHEREAS, mail ballot elections tend to increase voter participation, remove barriers that keep people from getting to the polls, gives people more time to study candidates and issues, and has built-in safeguards that increase the integrity of the election process; and WHEREAS, the 2025 municipal election includes the election of a Mayor, two Commissioners, and a City Judge; and WHEREAS, the City may hold a primary election on September 9, 2025 as required by 13- 1-107(2) MCA; and 224 Version February 2023 WHEREAS, Section 13-14-115(2), MCA, provides: (2) (a) Except as provided in subsection (2)(b), the election administrator of a political subdivision may determine that a local nonpartisan portion of a primary election need not be held if: (i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and (ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot. (b) The election administrator may determine that a primary election for a nonpartisan county office need not be held if fewer than three candidates have filed for that office. (c) If the election administrator determines that a primary election must be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office. (d) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office.; and WHEREAS, Section 13-14-115(3), MCA, states a governing body may require that a primary election be held if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held for that office; and WHEREAS, the City of Bozeman will hold a general election on November 4, 2025, as required by 13-1-104(3), MCA; and WHEREAS, pursuant to Section 13-19-104, MCA, such elections can be conducted by a mail ballot election, and the Gallatin County Election Administrator has determined that a mail ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA, is in the best interests of the City and the electors thereof, and pursuant to Section 13-19- 202, MCA, the City of Bozeman may notify the Gallatin County Election Administrator of its intent to conduct a mail ballot election; and WHEREAS, the Election Administrator shall prepare a written plan, including a timetable, for the conduct of the elections and shall submit it to the Secretary of State at least 60 days prior to the date set for the election in accordance with 13-19-205, MCA; and 225 Version February 2023 WHEREAS, an official ballot will be mailed to every qualified elector of the City of Bozeman, with the goal increasing voter participation in the municipal elections for 2025; and WHEREAS, the City Commission has committed to funding the return postage costs on returned ballots; and WHEREAS, the Office of the County Election Administrator will serve as the place of deposit for ballots within the city limits. Electors who wish to mark their ballot in-person may do so at the Office of the County Election Administrator and deposit their ballot with the election officials at that location; and WHEREAS, the Election Administrator will have an ADA accessible voter interface device available for disabled electors to mark their ballot independently, privately, and securely at the Office of the County Election Administrator; and WHEREAS, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before Election Day and all ballots must be mailed the same day in accordance with 13-19-207, MCA; and WHEREAS, the City of Bozeman desires to reduce barriers for qualified electors in the election process to as few barriers as possible. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, notifies the Gallatin County Election Administrator of the City’s desire to conduct the 2025 city primary (if held) and the 2025 general election by mail ballot in accordance with Section 13-19-202, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby notifies the Gallatin County Election Administrator that ballots should be mailed fifteen (15) days before the election; and BE IT FURTHER RESOLVED THAT except as provided in Section 13-19-204, MCA, the decision to conduct an election under the provisions of Section 13-19-202, MCA, is within the sole discretion of the Election Administrator; and BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to forward a certified copy of this resolution to the Gallatin County Election Administrator in accordance with the provisions of Section 13-19-202, MCA; and 226 Version February 2023 BE IT FURTHER RESOLVED THAT within five (5) days of receiving this request, the Election Administrator shall respond to the Bozeman City Clerk in writing stating that this request is either granted or denied for reasons specified. If granted, the Election Administrator shall prepare a plan as provided in Section 13-19-205, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby informs the Gallatin County Election Administrator that the City will be providing for funding of return postage. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of June 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 227 Memorandum REPORT TO:City Commission FROM:Waldo SUBJECT:Fire Department 2024 Annual Report MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None, special presentation only STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Presentation of the 2024 Fire Department Annual Report UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Attachments: 2024 Bozeman Fire Department Annual Report.pdf Report compiled on: June 4, 2025 228 2024 ANNUAL REPORT 229 BOZEMAN FIRE DEPARTMENT2 MESSAGE FROM FIRE CHIEF JOSH WALDOThe Bozeman Fire Department (BFD) had a successful 2024 and is excited about the challenges and opportunities that lie in front of us for 2025. The opening of Fire Station 2 on the campus of Montana State University, the completion of the Fire and Emergency Services Self-Assessment Manual and subsequent peer team site visit, and the securing of a Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) are just a couple of examples of accomplishments for the BFD in 2024. These accomplishments highlight another successful year for BFD that will set up the department for continued success in 2025. The department will look to bring on its largest recruit class in department history, add a quick response unit to our response capabilities, and complete our pursuit of third-party international accreditation. The continued pursuit of excellence by the men and women of the BFD is a testament to their commitment to ensuring that we are delivering the best possible services to the citizens of Bozeman. It is an honor to serve the citizens and visitors of the City of Bozeman. On behalf of the men and women of the Bozeman Fire Department, I am happy to present you with our 2024 Annual Report. Yours in service, Joshua L. WaldoJoshua L. Waldo, CFO, EFOFire Chief WELCOME 230 2024 ANNUAL REPORT 3TABLE OF CONTENTS WELCOME ................................................................................................................................................2 Message from Fire Chief Waldo ...................................................................................................................2 WHO WE ARE ..........................................................................................................................................4 Organizational Chart ........................................................................................................................................4 Mission & Vision ................................................................................................................................................5 EMERGENCY RESPONSE OVERVIEW................................................................................................6 Incident Numbers ..............................................................................................................................................6 Response Breakdown ......................................................................................................................................6 Responses Per Apparatus ..............................................................................................................................7 Overlapping Incidents .....................................................................................................................................7 Heat Map Showing Call Distribution .........................................................................................................7 Calls for Service by Day of the Week .........................................................................................................8 Calls of Service by Hour of the Day ............................................................................................................8 Response Times .................................................................................................................................................9 NOTABLE ACCOMPLISHMENTS ......................................................................................................10 Opened Fire Station 2 on Montana State University Campus .....................................................10 Citizen’s Fire Academy .................................................................................................................................10 Confined Space Technician Class .............................................................................................................11 Staffing for Adequate Fire & Emergency Response (SAFER) Grant ..................................................11 Strategic Plan ....................................................................................................................................................12 Completed Fire and Emergency Services Self-Assessment As Part of the Center for Public Safety Excellence Accreditation Process ..........................................................12 Moved Public Fireworks Display Back to Fairgrounds ...................................................................13 TRAINING & PROFESSIONAL DEVELOPMENT ...........................................................................14 Total Training Hours .....................................................................................................................................14 FIRE PREVENTION / COMMUNITY RISK REDUCTION ............................................................15 FIRE DEPARTMENT 2025-2029 STRATEGIC PLAN & OBJECTIVES .....................................16 PERSONNEL CHANGES ......................................................................................................................18 FACILITIES ............................................................................................................................................19 231 BOZEMAN FIRE DEPARTMENT4 The Bozeman Fire Department is comprised of 67 members, 66 sworn and 1 civilian, who provide the following services to the community: WHO WE ARE •Fire Suppression•Emergency Medical Services•Hazardous Materials Response•Technical Rescue Response(confined space, trench, rope, ice, andcollapse)•Wildland Fire Response •Fire Systems Plans Review•Car Seat Check and Installation•Fire Inspection•Fire Investigation•Public Education•Emergency Planning and Preparedness WHO WE ARE ORGANIZATIONAL CHART Fire Chief Operations DivisionDeputy Chief(Operations Chief) A Shift Ballatian Chief Station 1CaptainEngineer (1)Firefighters (4) Station 2CaptainEngineer (1)Firefighters (4) Station 3CaptainEngineer (1)Firefighters (4) Station 1CaptainEngineer (1)Firefighters (4) Station 2CaptainEngineer (1)Firefighters (4) Station 3CaptainEngineer (1)Firefighters (4) Station 1CaptainEngineer (1)Firefighters (4) Station 2CaptainEngineer (1)Firefighters (4) Station 3CaptainEngineer (1)Firefighters (4) B Shift Ballatian Chief C Shift Ballatian Chief Battalion Chief Support Services Fire Plans Examiner Fire Inspector Fire Inspector Fire Inspector TrainingCaptain Inspections DivisionDeputy Chief(Fire Marshall) Administrative Assistant 232 2024 ANNUAL REPORT 5 MISSION Problem Solving Through Professional and Compassionate Service since 1884 VISION The Bozeman Fire Department is committed to improving the safety and well-being of our community while striving to be a leader in the fire service. STAFFING NUMBERS Sworn Personnel Chief (1) Deputy Chiefs (2) Battalion Chiefs (4) Captains (10) Engineers (9) Firefighters (36) Fire Inspectors (3) Civilian Personnel Administrative Assistant (1) 233 BOZEMAN FIRE DEPARTMENT TOTAL RUNS: 5041 4923 5037 6 1000 2000 3000 4000 5000 6000 2022 2023 2024 Total Apparatus Runs Total Calls Overlapping Calls 5037 4347 2141 4923 4189 1566 5041 4211 1731 RESPONSE BREAKDOWN INCIDENT NUMBERS When a call is received by the Gallatin County 911 Center that requires the response of the Bozeman Fire Department, a call is created in the system. While each call can generate a different number of apparatus / units to run the call, the numbers above reflect the total number of events that BFD responded to over the last three years. The Fire Department utilizes the Emergency Medical Dispatch (EMD) protocols, which utilize national standards and best practice to screen calls and send ambulances only to low acuity calls, leaving fire trucks available for more high acuity calls. EMERGENCY RESPONSE OVERVIEW Fire 4%2%2% Vehicle 6% 8% 6%Accidents Good 6% 13% 13%Intent Calls EMS 47%46%50% Service 7% 8% 8%Calls Hazardous 18% 9% 6%Condition False 11% 14% 14%Calls 2024 2023 2022 2024 2023 2022 234 0 500 1000 1500 2000 Engine 1 Engine 3 Truck 2 Medic 2 Medic 3 Battalion 1 1532 1623 990 162 107 363 2024 ANNUAL REPORT Does not include all apparatus, only the primary in service units. Heat map showing call distribution for 2024 7 OVERLAPPING INCIDENTS 2024 — 1,741 (41%) 2023 — 1,566 (39%) 2022 — 1,965 (42%) Overlapping incidents occur when the department has more than one incident response going on at the same time. This is an important data point to track as some incidents require more than one fire department unit to respond. Having two or more calls overlapping at the same time can result in a situation where not enough units are available for response, or units experience extended response times as they are responding across town to cover additional calls. RESPONSES PER APPARATUSWhen a request for fire department response is made, an incident is created in the computer aided dispatch (CAD) system. Depending on the type of incident, the number of fire department apparatus / units that respond will vary. Incidents are different from runs, as each incident can create a number of different run totals. For most EMS type events, a single apparatus would run the incident, whereas a fire alarm at a nursing home would trigger three fire apparatus to run on the incident. It is important to track the total number of runs that a department makes as it is a more accurate reflection of the workload on the emergency response system. The fire department has made multiple adjustments in our deployment plans to ensure response to incidents is in line with industry standards and best practices. Below are the total number of runs each primary unit made in 2024. 235 BOZEMAN FIRE DEPARTMENT8 0 100 200 300 400 500 600 700 800 561 592 650 582 586 646 586 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 0 50 100 150 200 250 300 00:00 - 00:5901:00 - 01:5902:00 - 02:5903:00 - 03:5904:00 - 04:5905:00 - 05:5906:00 - 06:5907:00 - 07:5908:00 - 08:5909:00 - 09:5910:00 - 10:5911:00 - 11:5912:00 - 12:5913:00 - 13:5914:00 - 14:5915:00 - 15:5916:00 - 16:5917:00 - 17:5918:00 - 18:5919:00 - 19:5920:00 - 20:5921:00 - 21:5922:00 - 22:5923:00 - 23:59123125 112 77 72 74 78 122 188 215 199 233 216 234 221 234 269 243 192 250 224 204 157 141 CALLS FOR SERVICE BY DAY OF THE WEEK CALLS FOR SERVICE BY HOUR OF THE DAY 236 2024 ANNUAL REPORT 2022 measured via average 2023 & 2024 measured at the 90th percentile 9 0 3 6 9 12 15 2022 2023 2024 8:23 10:31 12:16 6:01 2:22 2:52 3:23 7:39 8:53 Call Processing Time Turnout & Response Time Call Processing Standard = 1 minute Turnout & Response Time Standard = 5 minutes 0 3 6 9 12 15 2022 2023 2024 8:23 10:31 12:16 6:01 2:22 2:52 3:23 7:39 8:53 Call Processing Time Turnout & Response Time Call Processing Standard = 1 minute Turnout & Response Time Standard = 5 minutes RESPONSE TIMESAn emergency response can be broken down into numerous segments or intervals of an event. To measure emergency response times, the fire department uses two standards from the National Fire Protection Association (NFPA) for benchmarking and evaluating emergency response times. • NFPA 1221, 2019 Edition: Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems•NFPA 1710, 2020 Edition: Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire DepartmentsThese two standards allow the fire department to measure the time from a call being answered by the 911 center until a fire department unit arrives on scene to provide service. To measure ourperformance, the department evaluates the following time intervals of an emergency call. Alarm Processing Time: The time interval from when the alarm is acknowledged at the communication center until response information begins to be transmitted via voice or electronic means to emergency response facilities and emergency response units. Turnout Time: The time interval that begins when the emergency response facilities and emergency response units notification process begins by either an audible alarm or visualannunciation, or both, and ends at the beginning point of travel time. Travel Time: The time interval that begins when a unit is enroute to the emergency incident and ends when the unit arrives at the scene. 237 BOZEMAN FIRE DEPARTMENT10 Opened Fire Station 2 on Montana State University Campus Citizen’s Fire Academy The department cut the ribbon on the new Fire Station 2 in September of 2024 after nearly five years of planning, designing, and construction. The new station replaced the old Fire Station 2 located on S. 19th that had been in service since 1974. The station becomes the first fire station to be located on a Montana State University campus and is a continuation of a 40 year long partnership between the Bozeman Fire Department and Montana State to keep the campus and community safe The department hosted two citizen’s fire academies in 2024, the first time the department has ever held a citizen’s academy. The two academies saw 15 citizens complete the program and graduate with an increased knowledge and awareness of the services that the BFD provides. NOTABLE ACCOMPLISHMENTS 238 2024 ANNUAL REPORT 11 Confined Space Technician Class Staffing for Adequate Fire & Emergency Response (SAFER) Grant In March, BFD hosted a Confined Space Technician Class here in Bozeman, where 20 members of the department were able to complete the necessary training to obtain the Confined Space Technician level certification. As the City of Bozeman and surrounding areas have several confined spaces (manholes, tunnels, grain silos, etc.), having a trained and equipped confined space team is important for the overall safety of the community. It turned out the fourth time was the charm for the BFD in regards to applying for a FEMA SAFER Grant in 2024. The department began applying for SAFER grants in 2021 to attempt to add needed firefighter positions for the department to address the ongoing growth in the city. The department was notified in September that the grant application to add 12 firefighters to the department had been approved. The grant covers 100 percent of the personnel cost associated with these 12 positions for 3 calendar years, at which point the city will have to pick up the funding for the positions. The grant will allow the department to add a quick response unit to response capabilities in 2025 and give the city three years to plan for the necessary funding to sustain the positions. 239 BOZEMAN FIRE DEPARTMENT12 Strategic Plan As the department continues to push for growth and improvement, it sees the need to maintain an up-to-date strategic plan. The first department strategic plan was drafted in 2019 with version two being drafted in 2022. The department spent 2024 developing version three of a strategic plan, including input from community stakeholders, partners, and department members. The new plan is a five-year plan that will guide the department from 2025 through 2029. Completed Fire and Emergency Services Self-assessment as Part of the Center for Public Safety Excellence Accreditation ProcessBozeman Fire continued its pursuit of International Accreditation via the Commission on Fire Accreditation International (CFAI), part of the Center for Public Safety Excellence (CPSE). BFD had previously completed the development of a Community Risk Assessment / Standards of Cover (CRA/SOC) as part of the accreditation process, and completing the Fire and Emergency Services Self-Assessment Manual (FESSAM) was the next step in the process. The completion of the FESSAM was followed by a site visit by a peer team to validate and verify the work completed by BFD. The peer team recommended the department for accreditation, moving the department to the last step in the process, a hearing in front of the CFAI in April of 2025 for final determination. 240 2024 ANNUAL REPORT 13 Moved Public Fireworks Display Back to FairgroundsAfter a successful return of public fireworks show in 2023, BFD worked with partners from the Gallatin County Fairgrounds to move the fireworks back to that location, allowing for more space for citizens to watch the show. The fireworks show is made possible by numerous public / private partnerships and is something that BFD is proud to organize and run. 241 BOZEMAN FIRE DEPARTMENT14 2022 2023 20240 50 100 150 200 250 300 350 400 286 392 337 337 TOTAL TRAINING HOURSThe Bozeman Fire Department strives to ensure that its members are trained to meet or exceed consensus national standards and best practices. In 2024, the department logged 14,810 hours of training total, or 337 hours per member. The 14,810 hours exceed the required minimums set by the Insurance Service Office and the National Fire Protection Association by 4,250 hours. TRAINING & PROFESSIONAL DEVELOPMENT The department continues to pursue professional certifications and credentials for our members and currently has 10 members who hold professional designations via the Center for Public Safety Excellence. The department’s goal is to ensure that each member receives 240 hours of training per calendar year to meet the requirements of the Insurance Service Office (ISO) and the National Fire Protection Association (NFPA). Training Hours Per Firefighter National Standard (240 Hours) 242 2024 ANNUAL REPORT 15 The Bozeman Fire Department has a full-service fire prevention and community risk reduction division that provides services such as plans review, inspections, fire investigation, public fire education, car seat installation, and many other public programs. The fire department prevention and risk reduction programs are under the supervision of the Deputy Chief – Fire Marshal, who is assisted by three full-time fire inspectors and support from firefighters assigned to emergency response. The department conducts plans review of all new commercial buildings constructed in the city and completes onsite inspections of these buildings to ensure code compliance during construction. NUMBER OF PLANS REVIEWED 2022: 1,362 2023: 1,990 2024: 2,426 NUMBER OF INSPECTIONS COMPLETED 2022: 4,575 2023: 5,663 2024: 4,412 FIRE PREVENTION /COMMUNITY RISKREDUCTION 243 BOZEMAN FIRE DEPARTMENT16 GOAL 1: The Bozeman Fire Department will ensure quality and consistent training of its members, improving life safety and property conservation•Objective 1.1 Develop a comprehensive training program that ensures technicalproficiency of the Bozeman Fire Department.•Objective 1.2 Implement a comprehensive training program that ensures the technicalproficiency of the Bozeman Fire Department.•Objective 1.3 Strengthen relationships with internal and external partners to fosterjoint training opportunities.•Objective 1.4 Establish a physical resource inventory management program that meetsthe training division’s needs.•Objective 1.5 Create a comprehensive succession management strategy focused ontraining and leadership development. GOAL 2: The Bozeman Fire Department will administer a multi-faceted approach to reduce risk and improve life safety in the community•Objective 2.1 Implementan updated inspection andcode enforcement programthat continues to grow withcommunity and departmentneeds.•Objective 2.2 Providecommunity outreach programsthat improve community healthand safety.•Objective 2.3 Improve thecommunity’s resilience todisasters and emergenciesby planning, outreach, andresponse. FIRE DEPARTMENT 2025-2029 STRATEGIC PLAN GOALS & OBJECTIVES 244 2024 ANNUAL REPORT 17 GOAL 3: The Bozeman Fire Department will develop a comprehensive workforce strategy that enhances recruitment and retention, prepares staff for future roles through succession planning, and promotes health and wellness•Objective 3.1 Develop a retention plan to minimize premature workforce turnover.•Objective 3.2 Develop and implement a recruitment strategy that captures qualitycandidates that meet the department’s needs.•Objective 3.3 Prioritize member health and wellbeing through education, screening,and tracking. GOAL 4: The Bozeman Fire Department will enhance operational effectiveness with a focus on staffing, EMS delivery, apparatus, and equipment management•Objective 4.1 Analyze operations compared to industry standards to evaluate overalleffectiveness.•Objective 4.2 Review and measure facilities, apparatus, and equipment to ensureresources are meeting the needs of the department and community.•Objective 4.3 Evaluate and update the Bozeman Fire human resources components toadapt to a growing community.•Objective 4.4 Create an evaluative approach to measuring system effectiveness andservice delivery. 245 BOZEMAN FIRE DEPARTMENT18 RETIREESBattalion Chief Travis Barton PROMOTIONSBattalion Chief Jared Ridgeway Battalion Chief Joe CapriCaptain Brian CarrollCaptain Dillon SmithEngineer Colter Dimas NEW HIRESFirefighter / Paramedic Paul Arnold Firefighter / EMT Cole Gengo PESONNEL CHANGES 246 2024 ANNUAL REPORT 19FACILITIES STATION 2 575 W. Kagy Blvd. STATION 3 1705 Vaquero Pkway. STATION 1 300 E. Oak St. 247 300 E. Oak St.Bozeman, MT 59715(406) 582-2350 248 Memorandum REPORT TO:City Commission FROM:Jonathon O'Dougherty, Budget Analyst Kaitlin Johnson, Budget Manager Melissa Hodnett, Finance Director Chuck Winn, City Manager SUBJECT:Resolution Adopting the Fiscal Year 2026 Annual Operating Budget MEETING DATE:June 10, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt the resolution approving the 2026 Annual Operating Budget 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:Municipal budgets serve a number of important functions. In addition to laying out a spending plan for the City and allocating resources to meet the diverse needs of the community, Bozeman's budget: Is a principal policy and management tool for the City's administration, reflecting and defining the work program; Provides a framework for the City to accomplish its vision and strategic plan; and Reflects core City values of integrity, leadership, service, and teamwork. The budget provides information about the City, along with information about the budget process, revenues, expenditures, and City programs and services. It is intended to provide an accessible, transparent way of learning about the City budget, while accurately showing how the City invests its resources. On June 25, 2024, the Bozeman City Commission adopted the 2025 Biennium Budget for fiscal years 2025 (FY25) and 2026 (FY26). As a requirement of the State of Montana’s Department of Administration, the City is required to submit an annual operating budget. The 2025 Biennium Budget and FY26 Recommended Annual Operating Budget are available on the City’s Budget and Financial Reports webpage. The FY26 Recommended Annual Operating Budget presented in this document is based on the second-year budget adopted in the 2025 Biennium Budget. Any 249 amendments to that original budget are detailed in the Reconciliation of 2025 Biennium Budget to FY26 Annual Operating Budget section of the document on page 69. The proposed resolution adopts the FY26 Annual Operating Budget. The Recommended FY26 Annual Operating Budget includes $230.0M in City-wide budget appropriations. Excluding transfers between funds, expenditures are estimated to be $203.3M. A total of $51.7M in budgeted capital outlay includes $22.3M for street improvement and capacity expanding projects and $15.5M for water and wastewater infrastructure. The budget includes a focus on City’s performance of basic services and modernizing and improving the effectiveness of City government by adding capacity to existing departments through staffing and training. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the Recommended Annual Operating Budget can be adopted by motion. FISCAL EFFECTS:The Montana Department of Revenue determines the assessed (taxable) value of individual properties annually, as outlined in MCA 15-8-111. For Fiscal Year 2026, the City of Bozeman’s property tax rate is estimated to decrease by 1.1%, as measured per $100,000 of taxable value. However, though the City’s rate is declining, the taxable value of an individual property may increase. Attachments: 2026 Annual Operating Budget Resolution.docx Report compiled on: May 29, 2025 250 Version February 2023 RESOLUTION 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING RESOURCES NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2026. WHEREAS, the City Commission did, on the 30th day of May, 2025, receive the 2026 Recommended Annual Operating Budget; and WHEREAS, the City Commission did, on the 10th day of June, 2025 hold a budget work session that was open to the public to discuss the details of the Recommended Budget; and WHEREAS, the City Commission did, on the 10th day of June, 2025, after due and proper legal notice, conduct a public hearing on the recommended municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The City Commission of the City of Bozeman, Montana, does hereby authorize and appropriate expenditures of governmental fund types (general fund, special revenues funds, debt service funds and capital project funds) and expenses for proprietary fund types (enterprise funds and internal service funds) and fiduciary fund types (permanent funds) for budget units and purposes set forth below, in the amounts designated herein, as follows. The City Commission further authorizes and re-appropriates the unexpended balance of Capital Improvement Program items, outstanding purchase orders, and other obligations, as approved by the City Manager, which were previously budgeted and have not been completed. 251 Version February 2023 Section 1 Continued Budget Unit Appropriations General Fund $ 61,483,100 Special Revenue Funds 82,322,300 Debt Service Funds 5,146,700 Construction Funds 894,400 Enterprise Funds 60,626,500 Internal Service Funds 19,568,100 Permanent Funds - Grand Total - Appropriations $ 230,041,100 The City Commission of the City of Bozeman, Montana does hereby estimate resources for the various budget units, as follows: Budget Unit Estimated Resources General Fund $75,330,500 Special Revenue Funds 98,829,600 Debt Service Funds 8,029,300 Construction Funds 3,180,300 Enterprise Funds 91,461,900 Internal Service Funds 20,303,900 Permanent Funds 2,122,700 Grand Total - Estimated Resources $ 299,258,200 Section 2 Pursuant to Section 7-6-4030, M.C.A., as a result of this budget, property taxes are estimated for homes valued at $100k, $300k, and $600k as follows: Estimated Annual Property Tax per Household Home Value FY25 Actual FY26 Budget Estimated FY26 Change ($) FY26 Change (%) $ 100,000 $ 213.61 $ 211.36 $ (2.25) -1.1% $ 300,000 $ 640.83 $ 634.07 $ (6.76) -1.1% $ 600,000 $ 1,281.66 $ 1,268.14 $ (13.53) -1.1% The chart above reflects estimates based on Fiscal Year 2025 taxable values, which were finalized in October 2024. These estimates will be updated in August 2025 when the Department of Revenue releases updated assessed values for Fiscal Year 2026. Assessed values are determined annually by the Department of Revenue pursuant to Section 15-8-111, M.C.A. For Fiscal Year 2026, the City of Bozeman’s property tax rate is 252 Version February 2023 estimated to decrease by 1.1%, as measured per $100,000 of taxable value. However, even though the City’s rate is declining, the taxable value of an individual property may increase. Section 3 That budget information contained in the "2025 Biennium Adopted Budget" and “FY26 Recommended Annual Operating Budget” documents pertaining to Policy Direction, Fiscal Policy, and the specific information concerning budgeting for each fund, as may be subsequently amended prior to final adoption of the budget, are hereby adopted as reference. Section 4 Annual appropriations and transfers out for various departments for Fiscal Year 2026 will be controlled and monitored for budgetary compliance at the budget unit level. Section 5 Pursuant to Sections 7-6-4006 and 7-6-4012, M.C.A., the City Commission hereby delegates appropriation and budget amendment authority to the City Manager for the expenditures from the following funds: debt service funds; fee-based budgets; trust funds; federal, state, and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts or donations. Section 6 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect as of July 1, 2025. Section 7 That upon this resolution becoming effective, as provided in Section 6 above, all resolutions and parts thereof in conflict herewith are hereby repealed. Section 8 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of June, 2025. 253 Version February 2023 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 254 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: CK May 35949 x x $1,553,819.00 Williams Civil Construction 158949 x x $1,577,730.80 Central Plumbing and Heating 4443 x x $1,715,448.00 DC Excavation 224559 x x $1,893,853.41 Omdahl Excavation 37068 x x $1,599,306.00 4050 Development 265916 x x $1,542,953.00 Alex Newby Karl Johnson Deputy City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - Cypress Utility Renovations These bids were opened and read before the undersigned at 2:00 pm on Thursday, May 22nd, 2025 Docusign Envelope ID: 7E811C13-7D7B-464F-A3A6-1F67125436F7 107255