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Home My WebLink About07-15-2025- City Commission Agendas & Packet MaterialsA. 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: 02-25-25 City Commission Meeting Minutes 07-01-25 City Commission Meeting Minutes(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 15, 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 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger(Clark) G.3 Authorize the City Manager to Submit a COPS Hiring Grant Application to US DOJ for Four Sworn Officer Positions(Grabinski) G.4 Approve the Meadow Bridge Subdivision Preliminary Plat Application to Subdivide Two Parcels Zoned R-3 Into a Major Subdivision for Residential, Park, and Open Space Uses, 45 Buildable Lots, 1 Park Lot, 3 Open Space Lots, and Road Rights-of-way on a Total 25.32 Acres Generally Located Northwest of the Corner of Blackwood Road and S 23rd Avenue; Application 25017 (Quasi-Judicial)(Minnich) G.5 Authorize City Manager to Sign Metropolitan Transportation Planning Funding Agreement for the Pass-Through of Federal Transit Administration Section 5303 Funds to the Urban Transportation District(Butts) G.6 Authorize the City Manager's Signature for the 3rd Amendment to the Construction Agreement with Constructive Solutions Inc. for the Downtown Alley Enhancement Pilot Project.(Staley) G.7 Authorize City Manager to sign the Professional Services Agreement with Clear Route Real Estate, LLC to provide Right of Way Acquisition Services on a Term Contract Basis for 2 years from the Date of Execution.(Murray) G.8 Authorize the City Manager to Sign Task Order No. 2 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for UV Disinfection System Controls Upgrades at the Water Reclamation Facility.(Heaston) G.9 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for the Sourdough Water Treatment Facility Plan and South Pressure Zone Study(Nielsen) G.10 Authorize City Manager to Sign First Amendment to Bozeman Sports Park Field 7 Contract with FieldTurf USA, Inc.(Jadin) G.11 A Resolution Approving Prime Change Order 5 and Authorizing the City Manager to Sign Guaranteed Maximum Price Amendment 7 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project(Henderson) H. Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Resolution Amending Resolution 5663 relating to a Project in the Northeast Urban Renewal District known as the Bozeman Yards Project and Approving Update Legal Description.(Fine) I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 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 2 J. Action Items J.1 Conduct a Public Hearing and Having Considered Public Testimony, Move to Approve a Commission Resolution 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(Gamradt) J.2 Approval of Public Engagement Plan for the Bozeman Community Plan Technical Compliance Update(Saunders) J.3 A Resolution Establishing Intent to Negotiate a Land Exchange with NorthWestern Energy in the City's Lower Yards Property(Henderson) J.4 Second Public Meeting Considering the Community Development Block Grant (CDBG) Second-Year (2025) Action Plan(Fontenot) J.5 A Resolution Declaring the Pride Flag and Its Variants to be Official Flags of the City of Bozeman(Winn/Sullivan) K. FYI / Discussion L. Adjournment 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. Consider the Motion: Having conducted a public hearing and considered written and spoken public testimony, I hereby move to approve the Commission Resolution 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. Consider the Motion: I move to approve the proposed Engagement Plan for the Bozeman Community Plan Technical Compliance Update. Consider the Motion: I move to Adopt a Resolution Establishing Intent to Negotiate a Land Exchange with NorthWestern Energy in the City's Lower Yards Property. Consider the Motion: I move to approve the Community Development Block Grant (CDBG) FY 2025 Annual Action Plan. Consider the Motion: I move to adopt the Resolution. 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: 02-25-25 City Commission Meeting Minutes 07-01-25 City Commission Meeting Minutes MEETING DATE:July 15, 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. 4 FISCAL EFFECTS:None. Attachments: 02-25-25 City Commission Meeting Minutes.pdf 07-01-25 City Commission Meeting Minutes.pdf Report compiled on: May 28, 2025 5 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 25, 2025 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:04:14 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:06:05 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:06:56 Changes to the Agenda D) 00:07:02 FYI • Mayor Cunningham announced Coffee with the Commissioners at Treeline at the Lark on Mainstreet at 9 am Friday the 28th with Mayor Cunningham and Commissioner Madgic. • Mayor Cunningham shared the upcoming City/County Board of Health Proposed reviewing proposed revisions to wastewater regulations - meeting on 27th of March for second reading of Health Code. • Mayor Cunningham noted that Phase 2 work sessions of the UDC are in progress> • CM Winn announced Heart Month and Hands Only CPR. The Fire dept is training all staff who want to participate. • CM Winn noted that the Citizens' Police Academy starts March 27 and runs through May 15. E) 00:11:03 Commission Disclosures F) 00:11:15 Consent 6 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 2 of 6 F.1 Formal Cancellation of the March 4, 2025 Regular City Commission Meeting F.2 Accounts Payable Claims Review and Approval F.3 Authorize the City Manager to Sign the Non-Profit Grant Agreement with Family Promise FY25 Family Promise_Combined.pdf F.4 Authorize the City Manager to Sign the Non-Profit Grant Agreement with Haven FY25 Haven Combined.pdf F.5 Authorize the City Manager to Sign a Notice of Award and Sign a Bid Purchase Agreement for Three (3) Years of Polymer for the Bozeman WRF with the option of Two (2) Additional Years. Notice_to_Award_2025.docx Bid Form 2025.pdf Purchase Agreement 2025-2028.pdf F.6 Notice of Award and Construction Agreement with CK May Excavation for the Construction of Manley Ditch Notice of Award to CK May Excavation for Manley Ditch Rehabilitation.pdf Construction Agreement with CK May Excavation for Manley Ditch Rehabilitation .pdf F.7 Authorize the City Manager to sign Estoppel Certificate and Amendment to Development Agreement for the 7th and Aspen Urban Renewal Project Midtown_Aspen_-_Estoppel_and_Amendment_to_Development_Agreement 20250220.docx 7th and Aspen Exhibit Schedule.pdf BZN_Development_Agreement.7th_and_Aspen.v2.pdf F.8 Authorize the City Manager to sign a Waiver of Affordable Housing Provision in Laurel Glen Annexation Agreement Laurel Glen Annexation Agreement.pdf Rosa III Waiver of Affordable Housing Provision.pdf F.9 Authorize the City Manager to Sign a Professional Services Agreement with Ayres Associates Inc for Annual Aerial Photography Data Acquisition Professional Service Agreement With Ayres Associates Inc for Annual Aerial Photography Data Acquisition.pdf F.10 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts Sime Construction PSA (Professional Service Agreement) Contract 2025.01.01.pdf Cushing Terrell PSA (Professional Service Agreement) Contract 2025.01.01.pdf Gaille Janitorial (Professional Service Agreement) Contract 2025.01.01.pdf Second Nature Consulting PSA (Professional Service Agreement) Contract 2025.01.01.pdf TD&H Engineering PSA (Professional Service Agreement) Contract 2025.01.01.pdf DC Excavation PSA (Professional Service Agreement) Contract 2025.01.01.pdf All Valley Landscape Services, LLC PSA (Professional Service Agreement) Contract 2025.01.01.pdf F.11 Authorize the City Manager to sign Amendment No. 1 to the Software as a Service Agreement with THG Energy Solutions for City facility utility tracking software services SaaS Agreement_THG Utility Tracking Software Services.pdf SaaS Agreement Amendment 1_THG Utility Tracking Software.pdf F.12 Resolution authorizing Change Order 01 with DT Tanks of Montana, LLC for the Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project 2024 WRF Gravity Thickener Project_ Change Order 01_Resolution.doc 7 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 3 of 6 2024 WRF Gravity Thickener Project_ Change Order 01.pdf F.13 Authorize the City Manager to sign Task Order 3 with Cushing Terrell for Fowler Annexation and Zone Map Amendment Professional Services CT URD Task Order 3.docx F.14 Approve Resolution 2025-##, Declaring the Intent of the Commission to Rename Elaine Lane to Naughty Trout Lane Resolution ____ Intent -Elaine Lane to Naughty Trout Run.docx Exhibit A_Elaine Lane.pdf Notice of Intent-Elaine Lane to Naughty Trout Run.docx F.15 Ordinance 2025-## Amending Ethics Opinions and Complaint Procedures Ex. A. Ethics Code Revisions Ord.pdf Ex. B Board of Ethics Complaint Process flowchart.pdf 00:11:28 CM Winn presented the Consent Agenda highlights 00:13:00 Commissioner Bode asked questions concerning consent item F.8. 00:14:04 Staff Clarification 00:18:29 Public Comment 00:18:40 Anthony Smith asked when Public Comment would be. 00:19:17 Mayor Cunningham answered Anthony Smith's query. 00:19:32 Alison Sweeney asked in reference to Item F. 8 in consent and Commissioner Bode's questions if the 2003 meeting minutes had been checked. 00:20:30 Staff Clarification on Item F.8. 00:27:26 Motion to continue: Consent Item F.8 to the March 11th Commission Meeting. Emma Bode: Motion Joey Morrison: 2nd 00:29:41 Vote on the Motion to continue: Consent Item F.8 to the March 11th Commission Meeting. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 00:29:57 Motion to approve: Consent Items F.1 through F.7 and F.9 through F. 15 as presented. 8 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 4 of 6 Joey Morrison: Motion Jennifer Madgic: 2nd 00:30:05 Vote on the Motion to approve: Consent Items F.1 through F.7 and F.9 through F. 15 as presented. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) 00:30:19 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 00:31:17 Sonny Carlson commented on the police shooting he was involved in. 00:31:45 Amy K. commented on Bozeman Police Training. 00:34:44 Anthony Smith commented on the police shooting. 00:38:10 Gracie Colville commented in favor of creating a student advisory board for the city government. 00:40:24 Henry Hall commented on cold weather policy at HRDC, and COB. H) 00:43:33 Action Items H.1 Adoption of a Resolution of the City Commission to Replace and Readopt the Annexation Policy for the City of Bozeman. This Resolution Replaces Resolution 5076 (Revised February 24, 2025) Resolution Revising and Re-Establishing City of Bozeman Annexation Policy.pdf Annexation Policy_5076 and New Policy Comparison.pdf Resolution 5076 Revising and Re-establishing Goals and Policies for Landowner Initiated Annexation of Properties.pdf Revised Annexation Policy 5076 Proposed Revisions 2-18-2025 strike and underline.pdf Resolution 4400 Revising and Re-Establishing goals and policies for Annexation of Properties.pdf 00:43:37 CM Winn presented Action Item H.1 00:45:31 Staff Introduction City Planner Chris Saunders presented Action Item H.1. Annexation 101, Annexation Policy Update, Annexation Policy Context, Annexation Policy, Suggested Motion. 9 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 5 of 6 00:57:56 Questions of Staff 01:37:40 Motion to adopt: Consider the Motion: I move to adopt the Resolution provided to Replace and Readopt the Annexation Policy. Jennifer Madgic: Motion Emma Bode: 2nd 01:37:55 Discussion 01:50:53 Vote on the Motion to adopt: Consider the Motion: I move to adopt the Resolution provided to Replace and Readopt the Annexation Policy. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None I) 01:51:13 FYI / Discussion • Commissioner Bode commented on HRDC weather policy J) 01:52:56 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: July 15, 2025 10 Bozeman City Commission Meeting Minutes, February 25, 2025 Page 6 of 6 11 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 1, 2025 Present: Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: Terry Cunningham Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:01:51 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse? B) 00:02:53 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:03:42 Changes to the Agenda D) 00:03:51 Authorize Absence D.1 Authorize the Absence of Mayor Terry Cunningham 00:04:01 Motion to authorize: I move to authorize the absence of Mayor Cunningham. Jennifer Madgic: Motion Douglas Fischer: 2nd 00:04:11 Vote on the Motion to authorize: I move to authorize the absence of Mayor Cunningham. The Motion carried 4 - 0. Approve: Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: 12 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 2 of 7 None E) 00:04:25 FYI • Commissioner Madgic mentioned a number of people have suggested a Moratorium on large scale buildings in the NCOD, we will discuss that on the 14th of July, a Monday at 1 pm in the Commission Room. • Commissioner Madgic took a moment to recognize the passing of John Vincent, Bozeman Highschool Teacher, he served in Montana House of Representatives, was the Speaker of the House, Majority Leader, Minority Leader, and the Majority Whip, he was Mayor of Bozeman in the mid-90's, he served as a City Commissioner, and a Gallatin County Commissioner, and Commissioner Madgic's boss at the time. He served on the Public Service Commission and ran for Governor against Brian Switzer in the Democratic Primary. He was a wonderful public servant. • Commissioner Fischer spoke about the joint meeting between the Bozeman City Commission and the Belgrade City Council. • Two items came up: 1. Desire to work together collaboratively on Wastewater and Supply Systems  2. Land use planning in the Northwest corner of Bozeman, where Bozeman and Belgrade may eventually meet. • Commissioner Bode highlighted the new Museum of the Rockies exhibit Cretaceous Crossroads that opens officially Wednesday, July 2. • Deputy Mayor Morrison shared his excitement about Monday's joint Bozeman/Belgrade meeting. F) 00:10:33 Commission Disclosures G) 00:10:45 Approval of Minutes G.1 Approval of Regular Meeting Minutes - 03-11-25 City Commission Meeting Minutes 03-11-25 City Commission Meeting Minutes.pdf 00:10:48 Motion to approve: I move to approve the Regular Meeting minutes form March 11, 2025. Douglas Fischer: Motion Emma Bode: 2nd 13 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 3 of 7 00:10:58 Vote on the Motion to approve: I move to approve the Regular Meeting minutes form March 11, 2025. The Motion carried 4 - 0. Approve: Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:11:15 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign an Annual Renewal with DocuSign for Electronic Signature Software Docusign Annual Renewal H.3 Authorize the City Manager to Sign a Notice of Award to Smith River Construction LLC. for Crack Repair in the Bridger Garage and Construction documents when received. Notice of AWARD - 2025 Bridger Garage Crack Repair.docx H.4 Authorize the City Commission to Ratify the Assignment of the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman from HRDC to Gallatin Valley Urban Transportation District FINAL Transit Shelter Assignment.pdf Ex. A Transit Shelter Agreement.pdf H.5 Authorize the City Commission to Ratify the assignment of the Real Property Lease for Site of Human Resource Development Council, Inc. Public Transportation Storage and Repair Facility FINAL Bus Barn Lease Assignment.pdf Ex. A City-HRDC Lease.pdf H.6 Authorize the City Manager to sign a contract with All Seasons Montana LLC to restripe the downtown public parking lots. PSA_Strping_All SeasonMontana LLC.pdf H.7 Authorize the City Manager to sign the 2nd Amendment to the PSA with TLC Septic and Excavation Inc. for Portable Toilet Services 2025 2nd Amendment.pdf City of Bozeman Neighborhood Services Program Extention 2024 First Amendment PSA.pdf City of Bozeman Neighborhood Services Program Professional Agreement 2024.pdf H.8 Resolution Authorizing Change Order No. 3 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project Change Order 3 with CK May Excavating for 2024 Street and Utility Improvments Project.pdf Resolution Change Order 3 for 2024 Street and Utility Improvements Project.doc H.9 Final Adoption of a Zone Map Amendment Modifying the Zoning Map from PLI to R-3 on 1.37 Acres Plus the Adjacent Right of Way, the Vaquero Land Swap Zone Map Amendment, Application 25035 14 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 4 of 7 25035 Vaquero Land Swap Ord.pdf CM Winn presented the highlights of Consent 00:12:58 Public Comment on Consent There was no Public Comment on Consent 00:13:26 Motion to approve: I move to approve Consent Items H.1 through H.9 as submitted. Emma Bode: Motion Jennifer Madgic: 2nd 00:13:34 Vote on the Motion to approve: I move to approve Consent Items H.1 through H.9 as submitted. The Motion carried 4 - 0. Approve: Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None I) 00:13:52 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 00:14:56 Connor spoke in opposition to the Pride Flag being made a symbol of Bozeman. 00:17:03 Marjorie Smith commented in favor of planting native pollinators. 00:20:18 Sarah Dobbs read a statement for Luke Menders who is currently residing in the Gallatin County Detention Center. 00:22:17 Anthony Smith commented in opposition to Police conduct in Bozeman. 00:25:14 CJ commented in opposition to the Pride Flag being made a symbol of Bozeman. J) 00:28:42 Action Items J.1 The 2025 Gallatin Center Zone Map Amendment Requesting an Amendment to the City Zoning Map from B-P (Business Park) and B-2 (Community Commercial) to B-2M (Community Commercial Mixed-Use) on 68.33 Acres. The Property is located at located on the northwest corner of North 19th Avenue and Baxter Lane; Application 24626 24626 Gallatin Center ZMA CC SR.pdf 00:28:48 CM Winn introduced Action Item J.1. 00:29:18 Staff Presentation 15 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 5 of 7 City Planner (CP) tom Rogers presented the Gallatin Center Zone Map Amendment, App 24570, Explanation of Roads, Businesses and Housing units in the area, Future Land Use Map, Zoning Map, Applicant Request, Sec. 76-2-304, MCA Zoning Criteria of Evaluation, Public Notice, Public Comment and Recommendation. 00:39:37 Questions of Staff 00:48:59 Applicant Presentation Eric Ringsock, Department Manager for WWC Bozeman Office; representing Gallatin Center Limited Partnership presented Gallatin Center Zone Map Amendment, Proposed Zoning - B2M, Zone Map Amendment Criteria. 00:52:56 Questions of Applicant 00:53:33 Public Comment 00:54:04 Daniel Carty commented in favor of the applicant committing to protecting all wetlands related to this Zone Map Amendment. 00:55:04 Motion to approve: Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission and all information presented, I hereby adopt the findings presented in the staff report for application 24626 and move to approve the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Douglas Fischer: 2nd Discussion 01:02:44 Vote on the Motion to approve: Having reviewed and considered the staff report, application materials, public comment, recommendation of the zoning commission and all information presented, I hereby adopt the findings presented in the staff report for application 24626 and move to approve the Gallatin Center Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 0. Approve: Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.2 01:03:02 A Resolution Adopting Alternate Side Parking Regulations on Local Streets for the Purpose of Winter Maintenance 16 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 6 of 7 FINAL Resolution Adopting Alternate Side Parking Regulations for Winter Maintenance.docx Snow_Removal-No_Parking.jpg 01:03:05 CM Winn presented Action Item J.2 01:03:49 Staff Presentation Director of Transportation and Engineering (DTE) Nick Ross presented Resolution for Alternate Side Parking, Policy Intent, Operational Challenges - Emergency Services, 2025 Odd-Even Parking Pilot Program Review, Advisory Board Guidance to Commission, Preferred Policy Alternative. Questions of Staff 01:32:08 Public Comment There was no Public Comment 01:32:34 Motion to approve: I move to adopt a Resolution of the Bozeman City Commission adopting alternate side parking regulations on local streets for the purpose of winter maintenance. Douglas Fischer: Motion Emma Bode: 2nd Discussion 01:42:17 Vote on the Motion to approve: I move to adopt a Resolution of the Bozeman City Commission adopting alternate side parking regulations on local streets for the purpose of winter maintenance. The Motion carried 4 - 0. Approve: Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K) 01:42:33 FYI / Discussion • Commissioner Madgic would like to address the lawn mowing code that Marjorie Smith brought up. • CM Winn brought up the local Belgian Waffle Ride with 700 riders participating. L) 01:46:22 Adjournment 17 Bozeman City Commission Meeting Minutes, July 1, 2025 Page 7 of 7 ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: July 15, 2025 18 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:July 15, 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 July 16, 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 19 Memorandum REPORT TO:City Commission FROM:Laurae Clark, City Treasurer Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approve the "writing-off" from the City's general accounting ledger stale Accounts Payable warrants (also known as checks) issued by the City over a year ago that have not been cashed by the recipient 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:Per Section 7-6-4303 of Montana Code Annotated (MCA), the City may cancel municipal warrants that have remained outstanding or un-cashed for one year or longer. In alignment with MCA, this item requests that stale Accounts Payable checks (also known as warrants) issued by the City over a year ago that have not been cashed be "written off" of the General Ledger of the City. Attached to this report, the Commission will find details on the checks to be written off and information specific to attempts have made to contact check recipients. The Commission's action of writing-off these checks will not preclude the holder of a stale check from ever being paid the amount they are due. The action by the Commission will simply result in eliminating the effects of this stale activity from the City's Balance Sheet. This action allows the City to maintain records in conformity with Generally Accepted Accounting Principles which will be validated by the annual audit. UNRESOLVED ISSUES:Recipients of checks (also known as warrants) from the City who have not cashed them have not responded to multiple inquiries. Writing the checks out of the general ledger does not remove the opportunity for a recipient to later cash a check. In the event a written off check is cashed, funds will be made available within the appropriate fiscal year's budgeted dollars which may include Reserve Funds. Reserve funds can be used for unexpected expenses such as these. ALTERNATIVES:As suggested by the Commission. 20 FISCAL EFFECTS:The total amount of checks to be written off of the General Ledger is $34,880.24. As a result, Cash (an asset) will be added back to the City's balance sheet with a corresponding amount recorded to "Abandoned Property" (a liability), resulting in no change in the City's Net Financial Position. Attachments: Write off Checks FY25.pdf Report compiled on: June 30, 2025 21 Bank Check #Date Amount Business Name/Last Name First Name Address City State Zip 1st Sent 2nd Sent 3rd Sent Operating 245629 7/12/23 37.95 CHRISTIAN JOSEPH Operating 245643 7/12/23 35.00 DIEHL LYDIA 1240 BAXTER CREEK WAY UNIT A BOZEMAN MT 59718 09/29/23 02/01/24 3/15/2024 Operating 245669 7/12/23 37.58 HANSEN MAX 719 S CHURCH AVE UNIT 12 BOZEMAN MT 59715 09/29/23 02/01/24 Returned Operating 245733 7/12/23 92.81 PARKER ADAM 2935 WARBLER WAY UNIT A BOZEMAN MT 59718 09/29/23 02/01/24 3/15/2024 Operating 245750 7/12/23 94.47 SHOOK ABBY 120 S BLACK AVE UNIT 00 BOZEMAN MT 59715 09/29/23 02/01/24 3/15/2024 Operating 245818 7/19/23 178.45 COUNTRY BOOKSHELF 28 W MAIN ST BOZEMAN MT 59715 09/29/23 02/01/24 3/15/2024 Operating 245988 7/19/23 243.54 BARFKNECHT JOHN & BYRNA 516 S 7TH AVE BOZEMAN MT 59715 09/29/23 02/01/24 3/15/2024 Operating 246095 7/19/23 288.86 LIEDBERG KURA Operating 246227 7/19/23 75.88 WRIGHT MICHAEL J & RACHEL BABBITT 1297 THOMAS DR UNIT 104 BOZEMAN MT 59718 09/29/23 02/01/24 3/15/2024 Operating 246322 7/26/23 16.58 KENDALL LEIGH 3824 BLONDIE ST APT 202 BOZEMAN MT 59718 09/29/23 02/01/24 3/15/2024 Operating 246458 8/2/23 13.50 CONNORS LOGAN 1160 SAMANTHA LN UNIT B BOZEMAN MT 59718 2/1/2024 3/15/2024 Returned Operating 246472 8/2/23 26.75 E BEALL ST LLC 4949 OLEBRIDGE DR COLUMBUS OH 43220 2/1/2024 3/15/2024 09/25/24 Operating 246479 8/2/23 45.53 FAGAN SHANIA 6719 COVE CREEK DR BILLINGS MT 59106 2/1/2024 3/15/2024 09/25/24 Operating 246499 8/2/23 13.50 HAYWARD JACK 129 N HUNTERS WAY BOZEMAN MT 59718 2/1/2024 Operating 246511 8/2/23 47.58 JARDEE WILL 3882 POTOSI ST BOZEMAN MT 59718 2/1/2024 Returned Operating 246564 8/2/23 75.00 RAY ALEXISS 5945 W PARKER RD PLANO TX 75093 2/1/2024 Operating 246571 8/2/23 32.10 SELLERS LOGAN 6729 BLACKWOOD RD UNIT C BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 246574 8/2/23 66.44 SMITH MEGAN 3322 SUNDANCE DR BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 246596 8/2/23 48.28 TRITLE SAM 368 STONE FLY DR BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 246608 8/2/23 5.47 WELDER GANNON 1148 FORESTGLEN DR UNIT D BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 246612 8/2/23 5.47 WILLIAMS MORGAN 329 N 16TH AVE BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 246672 8/9/23 66.66 BENDER SALEM 709 S BLACK AVE UNIT 4 BOZEMAN MT 59715 2/1/2024 Returned Operating 246732 8/9/23 45.81 GRAY HANNAH 1499 FRANK RD BELGRADE MT 59714 2/1/2024 3/15/2024 09/25/24 Operating 246738 8/9/23 13.86 HAWKINS CASSIDY 605 WHITE HORSE LOOP BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 246741 8/9/23 75.22 HIGHLINE PARTNERS 75 CENTER LN STE B BIG SKY MT 59716 2/1/2024 Operating 246751 8/9/23 47.72 KAMINSKI JULIA 1105 W DICKERSON ST BOZEMAN MT 59715 2/1/2024 Returned Operating 246776 8/9/23 29.44 MCGHAY CHASE 1571 BORA WAY BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 246785 8/9/23 34.67 MULDER MAYA 14 W LAMME ST UNIT B BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 246810 8/9/23 14.81 RICE DAVID 1425 S 4TH AVE BOZEMAN MT 59715 2/1/2024 Returned Operating 246819 8/9/23 97.44 SARIHAN JOHN 413 WINDRUSH BAY DR TARPON SPRINGS FL 34689 2/1/2024 3/15/2024 09/25/24 Operating 247247 8/30/23 43.44 CHOWNING CADIS 107 S YELLOWSTONE AVE UNIT B BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 247250 8/30/23 32.58 COLEMAN COURTNEY 1093 ABIGAIL LN UNIT B BOZEMAN MT 59718 2/1/2024 3/15/2024 Returned Operating 247262 8/30/23 111.92 DRABIK HANNAH 304 S 13TH AVE UNIT A BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247271 8/30/23 39.51 FADNESS ALEXANDER 1118 1/2 S GRAND AVE BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247283 8/30/23 63.61 GILPATRIC PIPER 2811 BLACKBIRD DR UNIT A BOZEMAN MT 59718 2/1/2024 Operating 247305 8/30/23 73.61 KILLPACK MICHAEL 1204 W STORY ST BOZEMAN MT 59715 2/1/2024 Operating 247312 8/30/23 113.97 LEES LANDON 1611 W KOCH ST UNIT 20 BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247324 8/30/23 39.83 MCKENZIE MYLES 6729 BLACKWOOD RD UNIT C BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 247365 8/30/23 75.00 STERNE LARRY & DIANA 1657 S BLACK AVE BOZEMAN MT 59715 2/1/2024 Operating 247367 8/30/23 97.12 STROOP BAILEY 855 N 15TH AVE BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Returned Operating 247385 8/30/23 53.61 VALENTINE SARAH 1427 JUNIPER ST UNIT A BOZEMAN MT 59715 2/1/2024 Operating 247620 9/13/23 67.07 HILL CARLA 888 THURBER DR W APT 5 COLUMBUS OH 43215 2/1/2024 3/15/2024 09/25/24 Operating 247640 9/13/23 40.00 MAVER CASSIDY 100 B OLD HELL ROARING TRAIL GALLATIN GATEWAY MT 59730 2/1/2024 3/15/2024 09/25/24 Operating 247652 9/13/23 41.78 MORGAN EMMA 401 S TRACY AVE BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247670 9/13/23 46.90 RINGER KASSANDRA 3167 SPRING RIDGE DR BOZEMAN MT 59715 2/1/2024 Operating 247703 9/13/23 42.90 TURNQUIST DAMEN 2912 WESTWIND WAY BOZEMAN MT 59718 2/1/2024 Returned Operating 247765 9/20/23 43.80 DRONE GAGE CITY OF BOZEMAN-WATER DEPT BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247844 9/20/23 5.00 PAGUE JEREMY 209 W COLLEGE ST #1 BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247919 9/27/23 236.00 BED BATH & BEYOND #1115 PO BOX 182655 COLUMBUS OH 43218 2/1/2024 Operating 247974 9/27/23 11.64 HANSON SPENCER 3225 HILLCREST DR BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 247980 9/27/23 65.00 HEYMANN SEBASTIAN 1133 SAMANTHA LN UNIT B BOZEMAN MT 59715 2/1/2024 Returned Operating 247982 9/27/23 17.83 HODSON BRODY 4525 FALLON ST APT 1202 BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 248000 9/27/23 37.94 LANG ADAM 365 N FERGUSON AVE UNIT B BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Returned Operating 248031 9/27/23 11.64 PEDERSON BRODEE 1096 CASSANDRA LN UNIT B BOZEMAN MT 59718 2/1/2024 3/15/2024 Returned Operating 248046 9/27/23 99.00 RENSHAW MARSHALL 514 N 23RD AVE BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Returned Operating 248082 9/27/23 36.69 YOUNG JACOB 304 S 13TH AVE UNIT B BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Returned Operating 248255 10/4/23 89.02 WALL TIM 18849 TIMBERLINE DR EAGLE RIVER AK 99577 2/1/2024 3/15/2024 09/25/24 Operating 248310 10/11/23 26.96 DUDERSTADT MADISON CITY OF BOZEMAN-HR DEPT BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 248366 10/11/23 93.16 MILLER THOMAS 2451 WHEELER DR UNIT D BOZEMAN MT 59718 2/1/2024 Operating 248619 10/25/23 400.00 BUEHLER LINDSEY 111 N SHORE DR #2 BELGRADE MT 59714 2/1/2024 3/15/2024 09/25/24 Operating 248753 10/25/23 44.64 RASHID LUKE 203 N HUNTERS WAY BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 249074 11/8/23 21.17 MCCLEISH DJ 35885 ELK RIDGE RUN ELIZABETH CO 80107 2/1/2024 3/15/2024 09/25/24 Operating 249088 11/8/23 112.63 O'MALLEY SHANNON PO BOX 10387 BOZEMAN MT 59719 2/1/2024 3/15/2024 Operating 249329 11/22/23 11.39 ALOKONES WILL 746 ROOKERY LN UNIT 1 BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 249363 11/22/23 37.66 DEUSCHLE KIRSTEN 3445 BLACKBIRD DR UNIT 3 BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 249402 11/22/23 5.42 LEGNARD EVAN 2411 DAWS DR UNIT D BOZEMAN MT 59718 2/1/2024 3/15/2024 09/25/24 Operating 249425 11/22/23 100.33 OLD TIN HOLDINGS LLC PO BOX 16250 BIG SKY MT 59716 2/1/2024 3/15/2024 Returned Operating 249508 11/29/23 16.00 DRONE GAGE CITY OF BOZEMAN-WATER DEPT BOZEMAN MT 59715 2/1/2024 3/15/2024 09/25/24 Operating 249553 11/29/23 225.00 MARSHALL-PRYDE NATHALIE 101 B GALLATIN DR BOZEMAN MT 59718 2/1/2024 Returned Operating 249692 12/6/23 45.79 FRANEY TARA 2423 BLACKFEET LN BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Operating 249733 12/6/23 53.04 REICKERT MILES 11 E LAMME ST UNIT B BOZEMAN MT 59715 3/15/2024 Returned Operating 249791 12/13/23 103.01 CERVANTES CRUZ 1212 S 5TH AVE BOZEMAN MT 59715 3/15/2024 Returned Operating 249798 12/13/23 203.00 COLLINS ZAC CITY OF BOZEMAN-GIS ASSET MGMT 3/15/2024 09/25/24 Operating 249940 12/13/23 1,770.41 UHAUL 815 N 7TH AVE BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Operating 250402 1/3/24 600.00 MONTANA STATE UNIVERSITY A/R PO BOX 173700 BOZEMAN MT 59717 3/15/2024 09/25/24 02/26/25 Operating 250449 1/10/24 15.84 BARLOW M ETHAN 11 E VILLARD ST BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Operating 250507 1/10/24 146.83 MICHAEL T DUNAWAY & EMMA J KUCHARSKI 503 W LAMME ST BOZEMAN MT 59715 3/15/2024 Operating 250527 1/10/24 680.46 WILLIAM FOGARTY & VIRGINIA Leitner 823 W VILLARD ST BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 22 Operating 250528 1/10/24 136.06 FRANCIS GRAHAM 615 NICKLES DR UNIT 101/201 BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Returned Operating 250535 1/10/24 90.12 KELLY W GAISFORD & NEAL A ZANDONELLA 6 E BEALL ST BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Returned Operating 250766 1/10/24 7.98 BENSON CONNOR 1256 MEAGHER AVE BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 250814 1/10/24 39.96 HORNBY KEEGAN 2708 COBBLESTONE PL UNIT B BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 250823 1/10/24 50.21 JUAREZ JASMIN 28897 COUNTY 26 BROWERVILLE MN 56438 3/15/2024 09/25/24 02/26/25 Operating 250861 1/10/24 55.54 O'LEARY RICHELLE 3228 WARBLER WAY UNIT 4 BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251139 1/24/24 13.01 KEUER JEFF 2732 HARRIS ST BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251146 1/24/24 13.61 LEINONEN ERIC 117 VALLEY DR BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251174 1/24/24 13.34 PHILLIPS AVRIL 22 MERIWETHER AVE BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251188 1/24/24 15.35 SCHINDLER KEVIN 1481 N 25TH AVE #125 BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251236 1/31/24 25.00 ATKINS JACKIE PO BOX 6549 BOZEMAN MT 59771 3/15/2024 09/25/24 02/26/25 Operating 251289 1/31/24 39.28 GRAHAM SYDNEY 4580 W BABCOCK ST UNIT 18206 BOZEMAN MT 59718 3/15/2024 09/25/24 02/26/25 Operating 251316 1/31/24 10.57 MING SHAWN PATRICK 711 ORANGE ST BOZEMAN MT 59715 3/15/2024 09/25/24 02/26/25 Deceased Operating 251449 2/7/24 39.88 BUSHMAN SUSAN 6015 NAMELESS CAVE RD RAPID CITY SD 57702 09/25/24 02/26/25 04/02/25 Operating 251496 2/7/24 13.81 HOWARD ELEANORA 1110 S PINECREST DR BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251557 2/14/24 720.00 SHOCK DOCTOR INC 11488 SLATER AVE FOUNTAIN VALLEY CA 92708 Operating 251646 2/14/24 15.00 ELLINGSON QUINN BOZEMAN MT 59718 09/25/24 Operating 251662 2/21/24 14.01 GILLETTE CHRIS 108 VILLAGE DOWNTOWN BLVD BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251805 2/21/24 27.01 BLACKLER KRISTIN 2973 OLIVER ST BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 251887 2/21/24 16.02 HURSH REBECCA 1203 CHERRY DR BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251904 2/21/24 7.98 KROHN HALEY 417 S 11TH AVE BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251911 2/21/24 16.02 LEMON CHRISTOPHER 3035 TESLOW DR BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251940 2/21/24 46.19 NEWMAN EDGAR PO BOX 197 EMIGRANT MT 59027 09/25/24 02/26/25 04/02/25 Operating 251957 2/21/24 100.00 PRINDIVILLE JOHANNA 1773 FIR CREST CT BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251970 2/21/24 28.08 RUSSELL SUSAN 3660 MAGENTA RD BOZEMAN MT 59718 09/25/24 Returned Operating 251974 2/21/24 13.34 SAUTHER DIANA 1865 BOYLAN RD BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 251987 2/21/24 28.35 STIFF ASHLYN 2721 W MENDENHALL ST BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252063 2/28/24 660.00 KAUFMANN'S OVERHEAD DOOR IN 133 BARNETT LN BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 252295 3/6/24 554.69 PERGA VLADIMER A 2705 SNAPDRAGON ST BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252399 3/13/24 16.83 CHAPPELL COLETTE 367 MAGDALENE WAY UNIT B BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252434 3/13/24 33.51 GIGNAC JOSEPH 476 ENTERPRISE DR #204 BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252478 3/13/24 14.68 MARTIN TALIA 315 N 17TH AVE BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 252481 3/13/24 10.00 MAXWELL TAYLOR 206 MICHAEL GROVE AVE BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252855 4/3/24 45.72 CAMBELL TRACEY 4026 CARBON ST BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 252925 4/3/24 69.06 LEONARD JON 323 N RIVER ROCK DR BELGRADE MT 59714 09/25/24 02/26/25 04/02/25 Operating 252967 4/3/24 994.22 SANTOS VANESSA 408 N BOZEMAN AVE BOZEMAN MT 59715 09/25/24 Returned Operating 252973 4/3/24 13.30 SVABODA LLP C/O EILEEN WALLIN 8260 WALKER RD BELGRADE MT 59714 09/25/24 02/26/25 04/02/25 Operating 253029 3/28/24 32.00 TAYLOR COLETON WATER EMPLOYEE BOZEMAN MT 59718 09/25/24 Operating 253073 4/10/24 27.96 PELTIER DANIEL JS 114 E LAMME ST BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 253104 4/10/24 150.00 HARVEY ALICIA 2509 PUTTER CT BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 253272 4/17/24 445.90 HARTMAN TAMMY S 3000 OLIVER ST BOZEMAN MT 59718 Operating 253473 4/24/24 69.06 LENTZ HEATHER 365 N JEFFERSON ST APT W2303 CHICAGO IL 60661 09/25/24 02/26/25 Returned Operating 253483 4/24/24 71.06 MOJARRO RYAN 1602 DILLON AVE BELGRADE MT 59714 09/25/24 02/26/25 04/02/25 Operating 253872 5/8/24 8.21 RIGGS DARON 2000 MAURICE AVE UNIT 310B MISSOULA MT 59801 09/25/24 Returned Operating 253886 5/8/24 46.33 ST CLAIR CODY 709 BLACK DIAMOND ST BELGRADE MT 59714 09/25/24 Returned Operating 253909 5/8/24 49.04 WARD CHARLOTTE 9542 PATRICIA PL JUNEAU AK 99801 Operating 254059 5/15/24 11.00 NEVADA DMV CENTRAL SERVICES RECORDS SECTION 555 WRIGHT WAY CARSON CITY NV 89711 09/25/24 02/26/25 04/02/25 Operating 254107 5/22/24 83.22 BREYFOGLE ISABELLE 2251 ALLESANDRO WAY LOS ANGELES CA 90039 09/25/24 02/26/25 04/02/25 Operating 254190 5/22/24 38.20 METZGER ALYSSA 2085 BALDWIN CREEK RD LANDER WY 82520 09/25/24 02/26/25 04/02/25 Operating 254358 5/29/24 12.88 MCGOUGH CONSTRUCTION PO BOX 12009 BOZEMAN MT 59719 09/25/24 02/26/25 04/02/25 Operating 254601 6/12/24 55.09 COLLINS JOHN 6729 BLACKWOOD RD UNIT C BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 254607 6/12/24 91.49 DARROW KATIE 16 HOFFMAN DR UNIT 3 BOZEMAN MT 59715 09/25/24 Returned Operating 254642 6/12/24 47.41 KLEMANN DANIEL 427 MICHAEL GROVE AVE UNIT 17 BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Returned Operating 254670 6/12/24 50.66 MONTANO AMANDA 476 ENTERPRISE BLVD UNIT 306 BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 254718 6/12/24 9.01 TOPINKA KELLY 185 TINKERS LN BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 254752 6/19/24 400.00 AM ASSOC OF CODE ENFORCEMENT 5310 E MAIN ST STE 104 COLUMBUS OH 43213 Operating 254977 6/26/24 133.73 BEAR TRUST C/O SUZANNE LACKEY PO BOX 11294 BOZEMAN MT 59717 09/25/24 02/26/25 04/02/25 Operating 255047 6/26/24 224.03 DAWSON MATTHEW GEORGE 544 N MONTANA AVE BOZEMAN MT 59715 Operating 255051 6/26/24 207.04 DELESALLE PROJECTS INC 400-1788 WEST 5TH AVE VANCOUVER BC VJ6 1P2 09/25/24 02/26/25 04/02/25 Operating 255117 6/26/24 338.17 HALVELAND ADDISON & UWE 41046 BROWNS LN WATERFORD VA 20197 09/25/24 02/26/25 04/02/25 Operating 255122 6/26/24 7.86 HARDIN HENRY N 515 MICHAEL GROVE AVE UNIT 48 BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 255141 6/26/24 704.66 HOLZER BRETT 2406 DURSTON RD BOZEMAN MT 59718 09/25/24 02/26/25 04/02/25 Operating 255390 6/26/24 532.81 VOLLMER TERRY J & CONNIE L 506 N 18TH AVE BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 255457 6/26/24 55.00 BURCHARD TURNER 2020 S ROUSE AVE UNIT 7 BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 255505 6/26/24 68.53 HALL LUCY 1505 S BLACK AVE BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Operating 255577 6/26/24 200.00 RUTZKE RYAN 305 S 14TH AVE BOZEMAN MT 59715 09/25/24 02/26/25 04/02/25 Stale Operating Checks 16,433.60 Court 18321 07/05/23 $100.00 FLICK ROSS WILLIAM 1412 S BLACK AVE BOZEMAN MT 59715 9/29/2023 2/1/2024 3/15/2024 Court 18332 07/05/23 $500.00 STATE FARM INSURANCE PO BOX 661001 DALLAS TX 75766 9/29/2023 Returned Court 18347 07/13/23 $10.00 GUTIERREZ TROMPIZ REGULO 3378 N 27TH AVE BOZEMAN MT 59718 9/29/2023 Returned Court 18354 07/13/23 $85.00 MANNING MARGARET CLAIRE 4256 COVER ST UNIT C BOZEMAN MT 59718 9/29/2023 Returned Court 18359 07/13/23 $100.00 RASMUSSEN DEBBY JEAN 203 E CALLENDER ST APT 2 LIVINGSTON MT 59047 9/29/2023 Returned Court 18368 07/25/23 $10.00 BOB WARDS 3011 MAX AVE BOZEMAN MT 59718 9/29/2023 2/1/2024 3/15/2024 Court 18381 07/31/23 $80.00 BUKOWSKI DAREK 1201 E MAIN ST BOZEMAN MT 59715 9/29/2023 Returned Court 18390 08/10/23 $265.00 BLOOMER LEVI BENJAMIN 6324 PLEASANT ST MANHATTAN MT 59741 02/01/24 3/15/2024 23 Court 18430 08/22/23 $11.58 EGGERT AMANDA 37135 GALLATIN RD BOZEMAN MT 59715 02/01/24 Returned Court 18443 08/22/23 $314.32 HAMPTON JESSE R 2137 WARBLER WAY #B BOZEMAN MT 59718 02/01/24 Returned Court 18449 08/22/23 $45.00 JHETSON ELIEZER TOLEDO 934 SAXON WAY BOZEMAN MT 59718 02/01/24 Returned Court 18460 08/22/23 $355.00 LEMON COURTNEY PO BOX 523 BELGRADE MT 59714 02/01/24 Returned Court 18486 09/08/23 $900.00 SZCZECHOWSKI OLLY 299 LOCUST AVE OAK PARK CA 91377 02/01/24 3/15/2024 Returned Court 18487 09/08/23 $100.00 SZCZECHOWSKI OLLY 299 LOCUST AVE OAK PARK CA 91377 02/01/24 3/15/2024 Returned Court 18503 09/15/23 $65.00 HEMMAH ASHLYN NO ADDRESS Court 18517 09/15/23 $45.00 JONES BRETT W J PO BOX 771 LAME DEER MT 59043 02/01/24 Returned Court 18551 09/15/23 $147.38 SKOCYPIEC BRYTNE ELIZABETH 1188 FOREST GLEN DR UNIT E BOZEMAN MT 59718 02/01/24 Returned Court 18552 09/15/23 $38.89 SKOCYPIEC BRYTNE ELIZABETH 1188 FOREST GLEN DR UNIT E BOZEMAN MT 59718 02/01/24 Returned Court 18578 09/15/23 $100.00 STATE FARM INSURANCE PO BOX 661001 DALLAS TX 75766 02/01/24 3/15/2024 Returned Court 18604 09/15/23 $51.63 TRAVELERS CLAIM HARTFORD, SUBROGATION SVCS PO BOX 6603 DALLAS TX 75266 02/01/24 Returned Court 18605 09/15/23 $200.00 TRAVELERS CLAIM HARTFORD, SUBROGATION SVCS PO BOX 6603 DALLAS TX 75266 02/01/24 Returned Court 18620 09/29/23 $150.00 BENTCIK JASON LEE NO ADDRESS-TRANSIENT Court 18630 09/29/23 $5.00 AGUSTIN MARIN ACOSTA C/O FROYLAN SANCHEZ GOMER 315 E GRIFFIN DR BOZEMAN MT 59715 02/01/24 Returned Court 18656 11/14/23 $460.00 NOVOTRY ADAM 1202 N PINECREST AVE BOZEMAN MT 59715 02/01/24 Returned Court 18663 11/14/23 $150.00 BOTHMAN ANTHONY CHARLES 904 WINDROW DR BOZEMAN MT 59718 02/01/24 3/15/2024 Returned Court 18670 11/14/23 $35.00 BURGAMY GEORGE CLINTON NO ADDRESS-TRANSIENT Court 18733 11/14/23 $228.34 QUIMBY BILL 709 SPANISH PEAKS DR MISSOULA MT 59803 02/01/24 Returned Court 18737 11/14/23 $100.00 RILE JENNIFER REBEKAH 3701 TRAKKER TRL UNIT 1B BOZEMAN MT 59718 02/01/24 Returned Court 18770 12/08/23 $19.79 AMEN BRYSON NO ADDRESS Court 18777 12/08/23 $50.00 BENDA GABOR 712 BEASLEY CREEK RD BOZEMAN MT 59715 3/15/2024 Returned Court 18806 12/08/23 $242.50 HUIRAS NICKOLAS DANIEL TRANSIENT-NO ADDRESS Court 18808 12/08/23 $100.00 MARCEAU JACOB 5290 FALLON ST BOZEMAN MT 59718 3/15/2024 Returned Court 18818 12/08/23 $50.00 ANDERSON MARC 715 S 20TH AVE #24 BOZEMAN MT 59718 3/15/2024 Returned Court 18883 12/26/23 $50.00 RIVERS DAVID GLEN 1633 WINDROW DR BOZEMAN MT 59718 3/15/2024 Returned Court 18886 12/26/23 $100.00 SKYOCYPIEC BRYTNE ELIZABETH 1188 FOREST GLEN DR UNIT E BOZEMAN MT 59718 3/15/2024 Returned Court 18896 12/26/23 $490.00 TAFOYA STEPHANIE DENISE 2220 W MAIN ST BOZEMAN MT 59718 3/15/2024 Returned Court 18904 01/05/24 $5.00 KENT MATTHEW RONALD NO ADDRESS Court 18943 02/20/24 $35.97 AMEN BRYSEN 1191 LONGBOW LN UNIT F BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 18950 02/20/24 $100.00 BURNS FINNIAN ROBERT 5831 SYPES CANYON RD BOZEMAN MT 59718 09/25/24 Returned Court 18951 02/20/24 $15.00 BURNS FINNIAN ROBERT 5831 SYPES CANYON RD BOZEMAN MT 59718 09/25/24 Returned Court 18958 02/20/24 $10.00 FUENMAYOR JOSE ALBERTO 483 W SHORE DR BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 18961 02/20/24 $100.00 ALLEN JANE 2201 BAXTER LN #346 BOZEMAN MT 59718 09/25/24 Returned Court 18962 02/20/24 $1,000.00 HENAN JOSEPH 613 EMILY DR APT A BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 18983 02/20/24 $100.00 PAWN DEPOT 431 N 7TH AVE BOZEMAN MT 59715 09/25/24 2/27/2025 Returned Court 19040 03/18/24 $37.75 AMEN BRYSEN 1191 LONGBOW LN UNIT F BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19065 03/25/24 $100.00 HORVAH MICHAEL ANDREW 550 ENTERPRISE BLVD UNIT 19 BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19102 03/25/24 $65.00 YAHIR ESTRADA 1543 WINDROW DR BOZEMAN MT 59718 09/25/24 Returned Court 19103 03/25/24 $500.00 ZIRBEL ZAN CHRISTIAN 1606 DURSTON RD BOZEMAN MT 59715 09/25/24 2/27/2025 Returned Court 19111 03/28/24 $100.00 SALSBURY BROCK DAVID 98 HIGH PLAINS RD BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 19113 03/28/24 $100.00 BED BATH & BEYOND 2155 W CATTAIL ST BOZEMAN MT 59718 09/25/24 Returned Court 19114 03/28/24 $39.95 BED BATH & BEYOND 2155 W CATTAIL ST BOZEMAN MT 59718 09/25/24 Returned Court 19115 03/28/24 $100.00 BED BATH & BEYOND 2155 W CATTAIL ST BOZEMAN MT 59718 09/25/24 Returned Court 19116 03/28/24 $150.00 BED BATH & BEYOND 2155 W CATTAIL ST BOZEMAN MT 59718 09/25/24 Returned Court 19120 04/05/24 $340.00 BROWNELL NOAH MILE 2214 PUMA PL FORT COLLINS CO 80525 09/25/24 2/27/2025 4/2/2025 Court 19128 04/05/24 $15.00 GARDOCKI KELLY 4634 W STATE ST MILWAUKEE WI 53208 09/25/24 Returned Court 19131 04/05/24 $35.00 PEARCY JESSICA MARIE 13 SUNNY SIDE TRL BOZEMAN MT 59715 09/25/24 Returned Court 19141 04/08/24 $185.00 CHABALOWSKI WILLIAM KANE 901 SCENIC TRL LIVINGSTON MT 59047 09/25/24 Returned Court 19143 04/11/24 $39.81 AMEN BRYSEN 1191 LONGBOW LN UNIT F BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19144 04/11/24 $427.80 ANDERSON LAYLA 2365 S 11TH AVE UNIT 102 BOZEMAN MT 59715 09/25/24 2/27/2025 4/2/2025 Court 19170 04/11/24 $60.00 GOULD TIMOTHY 615 POTTER RD CENTER CONWAY NH 03813 09/25/24 2/27/2025 4/2/2025 Court 19186 04/11/24 $10.00 RECARTE ANDI FERNELY SUAZO 20959 FRONTAGE RD UNIT 2 BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 19226 04/18/24 $215.00 CHOAT DANE CHRISTIAN 965 NEW HOLLAND DR BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19230 04/18/24 $65.00 MUGISHA ANGE ROBERT 280 S STAFFORD AVE 11303 BOZEMAN MT 59718 09/25/24 Returned Court 19237 04/25/24 $50.00 MCMILLAN DAWSON KINCADE 1711 S 11TH AVE #212 BOZEMAN MT 59715 09/25/24 2/27/2025 4/2/2025 Court 19240 04/25/24 $30.00 OLSEN ERIK SCOTT PO BOX 185 BOZEMAN MT 59718 09/25/24 Returned Court 19256 05/06/24 $100.00 BIGCRANE THERON 4373 PACHE LN RONAN MT 59864 09/25/24 2/27/2025 4/2/2025 Court 19269 05/10/24 $42.27 AMEN BRYSEN 1191 LONGBOW LN UNIT F BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19273 05/10/24 $585.00 SAUNDERS CARINA E 21 FOOTHILLS DR BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19284 05/10/24 $50.00 GOULD TIMOTHY 615 POTTER RD CENTER CONWAY NH 03813 09/25/24 2/27/2025 4/2/2025 Court 19287 05/10/24 $440.00 HURST SHAINA MARLENE 615 KANSAS CITY ST RAPID CITY SD 57701 09/25/24 Returned Court 19300 5/50/24 $400.00 REDGRAVE PHILLIP JOHN 230 WATERLILY DR APT 16 BOZEMAN MT 59718 09/25/24 2/27/2025 Returned Court 19312 05/17/24 $10.00 ETAHIRI SAFIA 815 S 5TH AVE BOZEMAN MT 59715 09/25/24 2/27/2025 4/2/2025 Court 19314 05/17/24 $5.00 LEE MADISON MARIE 100 HANNON HALL BOZEMAN MT 59715 09/25/24 Returned Court 19316 05/17/24 $60.10 PEAK BOZEMAN LLC 3482 PARKWAY AVE BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19332 05/24/24 $315.00 FLORES EMILIO JR 1800 CRUISER LN APT R BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 19336 05/24/24 $10.00 PEREAU MISTY SUMMER 319 S 34TH BILLINGS MT 59101 09/25/24 Returned Court 19344 06/03/24 $45.24 AMEN BRYSEN 1191 LONGBOW LN UNIT F BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19362 06/03/24 $20.00 RUBERO JESSICA 407 1/2 S 20TH AVE BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19385 06/07/24 $1,161.15 VICTIM OF WITTWAY RONALD NICHOLAS NO ADDRESS 09/25/24 Court 19386 06/21/24 $90.00 TRUDEAU ANGELA 15 FOREST CREEK DR BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19403 06/21/24 $50.00 GOULD TIMOTHY 615 POTTER RD CENTER CONWAY NH 03813 09/25/24 2/27/2025 4/2/2025 Court 19408 06/21/24 $2,851.36 KORITZ SCOTT 4505 S OVEAN BLVD #608 HIGHLAND BEACH FL FL 33487 09/25/24 2/27/2025 4/2/2025 Court 19409 06/21/24 $15.00 MALATARE SETH LAROY 315 STUBBLE LN BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 19419 06/21/24 $87.50 STATE FARM INSURANCE PO BOX 106171 ATLANTA GA 30348 09/25/24 2/27/2025 4/2/2025 Court 19440 06/28/24 $185.00 FINLAY LUCA JOHN 1183 STUDENT DR APT 104 BOZEMAN MT 59715 09/25/24 2/27/2025 4/2/2025 Court 19441 06/28/24 $95.00 HAARER ZANE DEGIDIO 5331 DEBOUR LN BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19443 06/28/24 $51.00 HOFFMAN RUTH WEST 110 E GEYSER ST TRLR 2 LIVINGSTON MT 59047 09/25/24 Returned 24 Court 19445 06/28/24 $145.00 JONES NICHOLAS PAUL 22567 FRONTAGE RD A BELGRADE MT 59714 09/25/24 2/27/2025 4/2/2025 Court 19446 06/28/24 $29.24 PEAK BOZEMAN LLC 3482 PARKWAY AVE BOZEMAN MT 59718 09/25/24 2/27/2025 4/2/2025 Court 19450 06/28/24 $246.51 WESTERN HERITAGE INN 1200 E MAIN ST BOZEMAN MT 59715 09/25/24 Returned Stale Muni Court Checks $16,875.08 Payroll 25953 5/7/24 1,571.56$ Robison Paige 7/15/2024 9/25/2024 2/25/2025 Stale Payroll Checks 1,571.56$ GRAND TOTAL 34,880.24$ 25 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Submit a COPS Hiring Grant Application to US DOJ for Four Sworn Officer Positions MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Submit a COPS Hiring Grant Application to US DOJ for Four Sworn Officer Positions STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The U.S. Department of Justice Office of Community Oriented Policing Services solicits grant applications annually for the COPS Hiring Program. The grant advances public safety through community policing by funding additional full-time career law enforcement positions. With this opportunity, we have requested four sworn officer positions. If awarded, the City of Bozeman will receive $125k per officer position over a three year period with the understanding that the positions will be retained for 12 months after the end of the grant period of performance. The City of Bozeman is required to match at least 25% of the grant award amount. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:Total expenditures are expected to be $1,397,052. The grant will cover $500k over three years. Expenditures will be made in the general fund in the police department and this may require a future budget amendment. Attachments: Grant Application Routing Package_Updated.pdf Report compiled on: July 1, 2025 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Memorandum REPORT TO:City Commission FROM:Bailey Minnich, Development Review Planner Brian Krueger, Development Review Manager Erin George, Interim Community Development Director SUBJECT:Approve the Meadow Bridge Subdivision Preliminary Plat Application to Subdivide Two Parcels Zoned R-3 Into a Major Subdivision for Residential, Park, and Open Space Uses, 45 Buildable Lots, 1 Park Lot, 3 Open Space Lots, and Road Rights-of-way on a Total 25.32 Acres Generally Located Northwest of the Corner of Blackwood Road and S 23rd Avenue; Application 25017 (Quasi-Judicial) MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25017 and move to approve the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on January 10, 2025, requesting to subdivide 25.32 acres to create 45 buildable lots, 3 open space lots, and 1 city park lot with easements and associated right of way. The subject property is zoned R-3 (Residential Medium Density District). On May 22, 2025, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. No waivers were granted with 47 the pre-application plan review on August 9, 2024. Please see the staff report for analysis of the review criteria. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on July 7, 2025. No public comment was received at the meeting. There was one question from the board about potential duplicate files listed in the Public Documents folder, and no discussions regarding the proposed subdivision. A motion to recommend approval of the subdivision was passed 5-0. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by August 19, 2025. The City Commission meeting regarding this subdivision is scheduled for July 15, 2025. Materials in the submittal relevant to the City Commission's include: Application Documents Application Drawings The application documents folder will contain the project narrative, infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. The application drawings folder will contain the full plat set sheets, as well as the overall site plan, proposed landscaping plans, proposed utility and stormwater designs, and proposed street plans. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 25017 Meadow Bridge_CC Staff Report.pdf 48 Report compiled on: July 8, 2025 49 25017 Staff Report for Meadow Bridge Subdivision Page 1 of 31 25017 Meadow Bridge Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held on Monday, July 7, 2025, at 6:00 pm. City Commission meeting will be held on Tuesday, July 15, 2025, at 6:00 pm. Project Description: A preliminary plat requesting to subdivide two parcels zoned R-3 into a major subdivision for residential, park, and open space uses. The proposed subdivision includes 45 buildable lots, 1 park lot, 3 open space lots, and road Rights-of-way on a total of 25.32 acres. The project is proposed to be completed in one phase. The residential uses are anticipated to be single household dwellings, but several of the lots are large enough to accommodate multiple-unit dwellings. The applicant is requesting one departure from the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual under BMC 38.550.060 related to the preservation of established tree vegetation to meet the tree planting requirements of the landscape design manual. Project Location: Situated in the W ½ of SE ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, west of S 23rd Avenue, east of Parkway Avenue, south of Commonwealth Street, and northwest of the corner of Blackwood Road and S 23rd Avenue. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25017 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25017 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: July 8, 2025 Staff Contact: Bailey Minnich, Development Review Planner Alicia Paz-Solis, Project Engineer Agenda Item Type: Consent (Quasi-judicial) 50 25017 Staff Report for Meadow Bridge Subdivision Page 2 of 31 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on January 10, 2025, requesting to subdivide 25.32 acres to create 45 buildable lots, 3 open space lots, and 1 city park lot with easements and associated right of way. The subject property is zoned R-3 (Residential Medium Density District). Proposed land uses for the subdivision are primarily residential in the form of single household dwellings on individual lots; however, several larger lots are proposed which could accommodate multiple unit dwellings. Exhibit 6 below shows proposed uses over the entire subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-3 Zoning. One city park lot is proposed within the overall subdivision. The park totals 3.44 acres and will connect to the existing parkland located to the east within the Southbridge Subdivision. Three additional open space lots are proposed to facilitate stormwater retention, pedestrian right-of- way, utilities, and watercourse and wetland buffers. A park master plan is included under application document 005. One collector and two local streets are proposed to be completed within the subdivision. The extension of Blackwood Road along the southern property line running east-west, the extension of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive extending north-south through the subdivision. Blackwood Road along the southern boundary is considered a collector street and is proposed as a modified or custom street section to accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right- of-way. This design process was reviewed under the authority of the Director of Transportation and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys are also proposed within the subdivision. Alley A is located within Block 1 in the northwest corner of the subdivision, providing access to lots fronting on the proposed greenway corridor per BMC 38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the subdivision, providing additional access to lots along Blackwood Road and Last Loop Drive. Alley A will be constructed within a 30-foot-wide right-of-way, and Alley B will be constructed 51 25017 Staff Report for Meadow Bridge Subdivision Page 3 of 31 within a 20-foot-wide right-of-way. Both alleys will be maintained by the subdivision Property Owners’ Association. The subdivision is proposed to be completed in one phase and developed with uses permitted under sketch plan review. Therefore, the application does not qualify for concurrent construction. All subdivision improvements must be installed prior to the issuance of a building permit for any lot within a subdivision. A jurisdictional watercourse with associated wetlands and irrigation facility will be impacted by the proposed subdivision. An unnamed tributary/intermittent stream/irrigation ditch crosses north-south through the subject property, beginning near Blackwood Road and ending at Parkway Avenue along the northern property line. A wetland delineation report is located in the application documents under document 013. Extensions to Kurk Drive and Blackwood Road will extend across the watercourse and wetland, however, culverts already exist and are not proposed to be modified with the road extensions. Additionally, a 25-foot-wide public access easement will extend across the watercourse and wetland area near the middle of the property to provide a mid-block pedestrian crossing, mitigating overall block length requirements. Application document 014.03 provides documentation from a water rights attorney identifying no impacted agricultural water users. One upstream water rights owner was identified and a notice of the proposed subdivision was provided per BMC 38.410.060.D.2.a and included as document 014.05. The proposed subdivision is located within the Middle Creek Ditch Company’s place of use, but it is unclear if the waterway is considered a lateral ditch or a natural watercourse. To maintain transparency and caution, the applicant submitted notification of the proposed subdivision to the Middle Creek Ditch Company in compliance with BMC 38.360.280.B and provided the required 45-calendar days for submittal of any written comments, which ended on April 11, 2025. No comments have been received from the Middle Creek Ditch Company at the time of writing this staff report. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits needed for impacting watercourses and wetlands (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. The City’s wetlands consultant reviewed the aquatic resources delineation and functional assessment and found the reports to be sound, with a recommended code provision for the application to obtain the required permits prior to commencing any construction. Watercourse plantings as trees, shrubs, and native grass seed will be provided for restoration where impacts are proposed for necessary infrastructure construction. Further analysis of the watercourse and associated wetlands is located below in the staff analysis section for Surface Water. On May 22, 2025, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. 52 25017 Staff Report for Meadow Bridge Subdivision Page 4 of 31 The subdivider did not request any waivers or variances with this application. The City has received two written public comments on the application as of the writing of this report. The final decision for this preliminary plat must be made by August 19, 2025, or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on July 7, 2025. No public comment was received at the meeting. There was one question from the board about potential duplicate files listed in the Public Documents folder, and no discussions regarding the proposed subdivision. A motion to recommend approval of the subdivision was passed 5-0. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 53 25017 Staff Report for Meadow Bridge Subdivision Page 5 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12 SECTION 4 – CODE REQUIREMENTS .................................................................................... 12 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 16 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 16 Documentation of compliance with adopted standards 38.220.060 ................................. 22 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 27 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 30 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 31 FISCAL EFFECTS ....................................................................................................................... 31 ATTACHMENTS ......................................................................................................................... 31 54 25017 Staff Report for Meadow Bridge Subdivision Page 6 of 31 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 55 25017 Staff Report for Meadow Bridge Subdivision Page 7 of 31 Exhibit 2 – Future Land Use Map 56 25017 Staff Report for Meadow Bridge Subdivision Page 8 of 31 Exhibit 3 – Preliminary Plat (see all sheets in file) 57 25017 Staff Report for Meadow Bridge Subdivision Page 9 of 31 Exhibit 4 – Landscaping Plan (see all sheets in file) 58 25017 Staff Report for Meadow Bridge Subdivision Page 10 of 31 Exhibit 5 – Parks and Open Space 59 25017 Staff Report for Meadow Bridge Subdivision Page 11 of 31 Exhibit 6 – Land Use Plan 60 25017 Staff Report for Meadow Bridge Subdivision Page 12 of 31 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant must add the following notes to the conditions of approval sheet of the plat related to the presence of high groundwater on the property: a. The maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners' association (POA). b. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. c. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 61 25017 Staff Report for Meadow Bridge Subdivision Page 13 of 31 2. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. 3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 4. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property Owners’ Association (POA) documents, including covenants, must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320, where applicable. Additionally, based on the provided documents, revise and add the following. a. Page 1 states, ‘Declarant intends to develop Meadow Bridge in phases.’ Please remove any language mentioning phasing, as the development is proposed in only one phase. b. Any section that requires the construction of sidewalks needs to match the City's one-year requirement for financially guaranteeing sidewalks in BMC 38.270.060.D.2. c. A section addressing agricultural uses of neighboring properties must be included in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." d. The applicant must provide a permanent funding source, such as the levying of assessments against all properties within the development, for alley maintenance where alleys in the development are designed to accommodate public utility lines and other infrastructure. The alleys in the proposed subdivision functioning as privately maintained public streets for the purposes of utility conveyance must provide the required documentation detailed in BMC 38.400.020.A.2 prior to final plat approval. 5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. 6. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivision’s stormwater maintenance plan must clearly state the following condition. "The property owners 62 25017 Staff Report for Meadow Bridge Subdivision Page 14 of 31 association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. 7. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must construct the Shared Use Path identified in the 2023 Parks, Recreation, and Active Transportation Plan (PRAT) within the development’s open space lots and parkland dedication. Any necessary permits (310, 404, etc.) for bridges must be obtained by the developer from the appropriate agency prior to installation of the stream crossings. Trail plans and specifications must be submitted to the planning and parks departments for review and approval prior to installation. 8. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD must be granted prior to Final Plat Approval. 9. Sec. 38.400.090 - Access and Sec. 38.410.040 – Blocks. All pedestrian access easements and open space lots used to mitigate block length and provide greenway corridor lot frontage must be developed with landscaping and walkways prior to final plat approval and cannot be deferred to adjacent property owners. 10. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must submit for review and approval all easements which designate space for public or private utilities that are not in the designated pubic right of way. All such easements applicable to the spatial orientation of utilities on the plat, which are not in public right of way, must be reviewed, approved, executed by applicable owners and the City Commission, and filed with the County Clerk and Recorder's office prior to final plat approval. 11. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for the un-named tributary prior to final plat approval and include notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The 63 25017 Staff Report for Meadow Bridge Subdivision Page 15 of 31 notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from the final plat but may be referenced on a final plat. a. The developer's professional engineer must certify prior to infrastructure approval for the pedestrian bridge and construction of Blackwood Road or Kurk Drive, and provide the certification with the final plat application materials, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility. 12. Sec. 38.410.130.D.3 - Water Adequacy. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 3. Payment to the city of cash- in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. The applicant has indicated they intend to pay cash-in-lieu of water to satisfy the code. The CILWR fee determination will occur with the final plat applicant and must be paid prior to approval of the final plat. a. The preliminary plat sheet 3 includes a note stating ‘Cash-in-lieu of water rights have not been provided for all lots. Cash-in-lieu of water rights must be paid for these lots with the future City site plan development or applicant development application.’ Please remove this note from the plat as cash-in-lieu of water rights must be paid by the developer prior to final plat and cannot be deferred to future property owners. 13. Sec. 38.420.020 – Park area requirements and Sec. 38.420.080 – Park Development. a. Land dedication meeting the requirements for parkland dedication must be met at the time of final plat. Land dedicated to meet the requirements of this section must be provided for public use. b. A final park master plan and construction drawings are required prior to requesting a preconstruction meeting and commencing park construction. c. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide the most recent park plans with revisions red-lined and request meeting at least 30 days prior to commencement of parkland construction. d. The following note must be added the final plat: The property owners’ association is responsible for snow removal and maintenance of all recreation pathways within the development, outside of the City park. e. Easements for trails within open space parcels must include agreement to utilize citywide wayfinding and allow parks staff to install and/or repair wayfinding. 14. Sec. 38.550.060 – Landscaping and irrigation performance and design standards. Compliance with the most recent version of the City of Bozeman Landscape and 64 25017 Staff Report for Meadow Bridge Subdivision Page 16 of 31 Irrigation Performance and Design Standards Manual is required pursuant to this division and chapter 40, article 2 of this Code. The applicant must demonstrate compliance with final landscaping drawings per Sec. 38.220.070. a. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.1.3. Prior to commencing any work, the applicant must contact the Water Conservation Division to schedule a pre-installation meeting. b. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.2.2 - "Required Elements of the Landscape Design Plan for Final Plat and Site Plan" - and 3.3.3 - "Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan". A landscape and irrigation plan(s) following the requirements of these sections must be submitted and approved by the Water Conservation Division at final plat or prior to installation (whichever occurs first). 15. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install landscaping, boulevard trees and an irrigation system in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas prior to final plat approval. Prior to installing landscaping in these areas, the developer must submit a landscaping and irrigation plan to the city for review and approval. The landscape and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on May 22, 2025. Planning Board meeting was held - Monday, July 7, 2025 at 6:00 pm. A summary is located above in the project summary, and a video of the meeting is available on the City’s website. The Community Development Board in their capacity as the Planning Board voted 5-0 to recommend approval of the subdivision application. City Commission meeting will be held Tuesday, July 15, 2025 at 6:00 pm SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 65 25017 Staff Report for Meadow Bridge Subdivision Page 17 of 31 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public meetings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on January 10, 2025. The DRC reviewed the preliminary plat application and determined the submittal did not contain the detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on March 7, 2025. The DRC determined the application was still not adequate for continued review. A revised application was received on April 23, 2025. The DRC determined the application was adequate for continued review May 22, 2025 and recommended conditions of approval and code corrections for the staff report. The applicant posted public notice on the subject property on May 29, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on June 13, 2025. One public comment has been received on this application as of the writing of this report. 66 25017 Staff Report for Meadow Bridge Subdivision Page 18 of 31 On July 1, 2025, a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – The subdivision will not significantly burden city's water and sewer infrastructure with the recommended conditions of approval and code provisions. Document 017 contains the preliminary design report for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. Document 018 contains the preliminary design report for sanitary sewer system improvements in the proposed subdivision, also stamped by a professional engineer licensed in the State of Montana. Both reports were reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements. Per the water design report, “the model’s results show the existing and proposed main extensions will adequately supply the required domestic demands for the project during all scenarios.” Additionally, per the sewer design report, “the existing sanitary sewer mains and proposed extensions will serve the proposed subdivision.” Final plans and specifications will be prepared and reviewed after action on the preliminary plat. The proposed design will utilize existing water mains within S 23rd Avenue, Last Loop Drive and Blackwood Road. A new water main is proposed to extend within the Alley A right-of-way to serve the lots adjacent to the alley in the northwest corner of the subdivision. Another new water main will connect to the existing mains within Kurk Drive and Parkway Avenue. Existing sanitary sewer mains to serve the subdivision are located within S 23rd Avenue, Last Loop Drive and Parkway Avenue. New sanitary sewer mains are proposed to extend within Alley A, Alley B, Last Loop Drive, and S 23rd Avenue to serve the proposed lots adjacent to those roadways. Through the subdivision review process, the applicant has proposed two alley sections that will contain either a single public utility or both water and sewer mains. Due to the requirement for a utility line to be no more than 9 feet from the edge of the easement or less than 10 feet from a parallel utility line, the alley widths are proposed to be either 20 feet or 30 feet to accommodate the presence of this utility infrastructure. Code provision 4d requires funding and maintenance of all alleys that contain public utilities by the property owners’ association. Since the alleys are functioning as local streets for the purposes of utility conveyance, this code provision also 67 25017 Staff Report for Meadow Bridge Subdivision Page 19 of 31 requires a hold harmless and indemnification agreement and a perpetual legal instrument, acknowledging that the city will not assume dedication and maintenance of the alleys due to the presence of the private utilities per BMC 38.400.020.A.2. Code provision 12 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. Document 014.03 provides documentation a search of the Montana Department of Natural Resources and Conservation (DNRC) Water Rights Query System returned no water rights appurtenant to the subject property proposed for subdivision. The applicant is proposing to provide cash-in-lieu of water rights to comply with the requirements of BMC 38.410.130.D. Code provision 12 requires the developer to pay the required cash-in-lieu of water rights fee with the final plat application. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 10 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street rights-of-way and alleys. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated pubic right of way. Additional required easements include public drainage easements for any stormwater facilities located on private property, a 10-foot wide public sidewalk easement along lots 1 through 7 in Block 1, which front onto the greenway corridor open space per BMC 38.400.090.B.2.c, and 25-feet wide public access easements running east-west and north- south through the Open Space 3 lot for the mid-block pedestrian connection and the proposed 10- feet wide asphalt trail corridors. All easements must be provided using the City’s standard language. Ten-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. Copies of additional existing easements are required to be provided with the final plat application. Parks – The applicant proposes to meet Park and Recreation requirements through parkland dedication. Park and Recreation requirements using a net residential land area of 8.53 acres and dedication of 5.28 dwelling units per acre, multiplied by 0.03 acres per dwelling unit of land, result in an initial requirement of 1.35 acres of land dedication. The developer is proposing 3.45 acres to be dedicated to the City; however, only 1.66 acres of the proposed area qualifies for the parkland dedication per BMC 38.420.020 and BMC 38.420.080.D. The proposed parkland is located in the northeast corner of the development, with frontage along Enterprise Boulevard and Kurk Drive. The proposed parkland will connect to an existing 1.67 acres of parkland within the Southbridge Subdivision directly east of the subject property. The two parks together will total approximately 5.12 acres of City parkland between the two developments. An existing stormwater facility is located within the proposed parkland adjacent to Enterprise Boulevard. As identified in BMC 38.420.080.D, a stormwater facility may be located within public parkland, 68 25017 Staff Report for Meadow Bridge Subdivision Page 20 of 31 but the areas do not count towards the required dedication and must be maintained by the property owner’s association. The proposed parkland dedication is described in document 005 Meadow Bridge Park Master Plan. Proposed amenities to be constructed by the developer include walking trails, benches, various trail connections, natural areas, and dog stations. The 2023 Parks, Recreation, and Active Transportation Plan (PRAT) identifies a future Shared Use Path within the development area. The proposed subdivision includes a north-south 10-foot wide asphalt transportation pathway through the southern Open Space 3 lot, connecting Blackwood Road and Kurk Drive. The pathway will be located within a 25-foot-wide public access easement. The southern portion of the path will be located behind Lots 13 through 23 in Block 3, between the lots and the open space, and then will meander to align and extend along S 23rd Avenue to its connection with Kurk Drive. In order to minimize disturbance to the watercourse and wetlands, the easement and path are located as close to the lots as possible; however, portions of the pathway extend into the watercourse buffer. As permitted in BMC 38.410.100.A.2.e.2.a, trails and trail-related improvements may be placed within the Zone 2 watercourse setbacks. Document 014.01 identifies the portions of the trail that will extend into the Zone 2 setback. A second 10-foot-wide asphalt pathway will extend east-west through Open Space 3 as a mid-block pedestrian connection. This path will also be located within a 25-foot- wide public access easement and will encroach into the Zone 1 and Zone 2 watercourse setbacks. BMC 38.410.100.A.2.e.2.e permits trails to cross the watercourse within all zones, provided that appropriate local, state, and federal permits are obtained. Within the proposed park dedication lot in the northeast corner of the subdivision, the developer is proposing a 12-foot-wide asphalt pathway connecting Kurk Drive with Enterprise Boulevard. This pathway is proposed to be wider in order to accommodate necessary maintenance access to the proposed City park. No portions of the northern pathway are proposed to encroach on the watercourse setbacks. Code provision 13 identifies multiple code provisions related to the proposed parkland and trail system. Provision 13b requires a final park master plan and construction drawings prior to requesting a preconstruction meeting. Provision 13c requires a preconstruction meeting with the Parks Division prior to commencement of parkland construction. These two provisions will help the applicant to follow the correct construction process with the City. Provision 13d requires a note on the plat that the property owners’ association is responsible for snow removal and maintenance of all recreation pathways within the development, outside of the city park. The developer will be responsible for maintaining the pathways until 50% of the lots have been sold. This provision ensures maintenance of pathways within the development does not become a burden to the Parks Department. Provision 13e requires that easements for trails located within open space parcels must include the citywide wayfinding signage and allow Parks staff to install and/or repair wayfinding signs. This provision will help connect the proposed trails to citywide park infrastructure with consistent signage and directions for users. The proposed park master plan meets the required parkland dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal for consistency with the 69 25017 Staff Report for Meadow Bridge Subdivision Page 21 of 31 park master plan for Meadow Bridge Subdivision, adjacent park master plans, and area sub- plans. Stormwater – A preliminary stormwater design report was prepared by a professional engineer with Sanbell and is located under application document 019. Due to the history of the surrounding developments, the majority of the necessary infrastructure has been installed prior to this subdivision application. However, the proposed subdivision will construct additional stormwater control facilities, which will conform to municipal code and design standards. An existing wet stormwater pond is located within the portion of the property to be dedicated to the City for required parkland, but will be maintained by the developer and the future property owners’ association. Four additional stormwater ponds (1 wet and 3 dry) will also be constructed with the proposed development throughout the Open Space lots. Code provision 6 details the required development or maintenance of common areas and facilities to be maintained by the property owners’ association and requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way, with the incorporation of a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is provided on preliminary plat sheet 3 to notify future property owners of the property owners’ association requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided document 014.03 from a water rights attorney, which identified no impacted agricultural water users with this preliminary plat application. One upstream water rights owner was identified, and a notice of the proposed subdivision was provided per BMC 38.410.060.D.2.a and included as document 014.05. The proposed subdivision is located within the Middle Creek Ditch Company’s place of use, but it is unclear if the waterway is considered a lateral ditch or a natural watercourse. To maintain transparency and caution, the applicant submitted notification of the proposed subdivision to the Middle Creek Ditch Company in compliance with BMC 38.360.280.B, and provided the required 45-calendar days for submittal of any written comments, which ended on April 11, 2025. No comments have been received from the Middle Creek Ditch Company at the time of writing this staff report. Existing culverts are already located below the proposed Kurk Drive and Blackwood Road and are not proposed to be modified with the road extensions. An agricultural water user’s easement must be provided per code provision 11. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. The code provision is required to ensure that downstream agricultural water users are not impacted, and appropriate access for maintenance is provided per state law. 70 25017 Staff Report for Meadow Bridge Subdivision Page 22 of 31 Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 10 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street and alley rights-of-way. Easements for future roadways and parks are required prior to final plat approval. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets, or frontage on an improved alley and a greenway corridor or trail corridor with public access, as allowed in BMC 38.400.090. The proposed preliminary plat sheet 2 depicts the 10-foot wide public sidewalk easement between Lots 1-7 of Block 1 and Open Space 1 to comply with the greenway corridor requirement. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on August 9, 2024 and no variances were requested. No waivers were granted during pre- application review. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water An unnamed tributary/intermittent stream/irrigation ditch crosses north-south through the subject property, beginning near Blackwood Road and ending at Parkway Avenue along the northern property line, as classified by the Gallatin County Conservation District due to the presence of flowing water year-round. A wetland delineation report is located in the application documents under document 013. Extensions to Kurk Drive and Blackwood Road will extend across the watercourse and wetland; however, culverts already exist and are not proposed to be modified with the road extensions. Additionally, a 25-foot-wide public access easement will extend across the watercourse and wetland area near the middle of the property to provide a mid-block pedestrian crossing, mitigating overall block length requirements. The proposed subdivision is located within the Middle Creek Ditch Company’s place of use, but it is unclear if the waterway is considered a lateral ditch or a natural watercourse. In an effort to maintain transparency and 71 25017 Staff Report for Meadow Bridge Subdivision Page 23 of 31 caution, the applicant submitted notification of the proposed subdivision to the Middle Creek Ditch Company in compliance with BMC 38.360.280.B, and provided the required 45-calendar days for submittal of any written comments, which ended on April 11, 2025. No comments have been received from the Middle Creek Ditch Company at the time of writing this staff report. A wetland delineation report dated June 11, 2024 was provided by Morrison-Maierle and reviewed by the city’s wetland consultant TerraQuatic. Per the wetland delineation, the subject property contains 2,519 linear feet of unnamed tributary, 1.63 acres of freshwater emergent wetlands and 0.92 acres of freshwater emergent scrub-scrub wetlands. The waterway and wetlands are located in the middle of the subject property running north-south. TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and watercourse information presented in a letter provided to the applicant dated April 11, 2025. The main correction requested specific quantities of watercourse setback plantings meeting the requirements of BMC 38.410.100.A.2.f.1. The applicant provided the required information on April 23, 2025, with an updated version of drawing 022 Overall Site Plan. Because final impacts to the waterway and associated wetlands area are subject to final infrastructure review design, which will occur following the preliminary plat review, the applicant cannot provide exact impacts with this application. The wetland impacts are under the purview of the U.S. Army Corps of Engineers. The applicant has stated that a “Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and other Water Bodies” is currently being prepared to mitigate any relevant wetland concerns but has not been finalized or submitted. Code provision 2 requires the applicant obtain required permits from the Gallatin County Conservation District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers regarding the proposed project. These permits must be applied during infrastructure review and provided prior to construction and final plat approval. Water course plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC 38.410.100. 38.220.060.A.2 - Floodplains The subject property is not located within the 100-year floodplain. The property is depicted on the Flood Insurance Rate Map (FIRM) panel 30031C0814D with an effective date of September 1, 2011, and a Letter of Map Revision (LOMR) 15-08-1248P with an effective date of October 30, 2015. Additionally, the City of Bozeman floodplain administrator reviewed the Meadow Bridge Subdivision – Floodplain Memorandum dated March 6, 2025 provided by document 014.07 and found it to be compliant with the requirements of BMC 38.600. Pursuant to BMC 38.600.150.D, the floodplain administrator approved the Meadow Bridge Subdivision Floodplain Memorandum. 38.220.060.A.3 - Groundwater A groundwater investigation was completed from January 31, 2024 to September 4, 2024 and provided in the Preliminary Stormwater Design Report by Morrison Maierle and was stamped 72 25017 Staff Report for Meadow Bridge Subdivision Page 24 of 31 and signed by a professional engineer. This is located in application document 019. The submitted groundwater monitoring found that groundwater was located less than ½ a foot (0.371 feet) below the surface at MW-2, located in the northwest portion of the site, and approximately 3.21 feet below the surface at MW-6. The remaining sites averaged between 5 feet and 6 feet below the ground surface. The stormwater design report states that since the bottom of the proposed stormwater ponds are within 2 feet of seasonally high groundwater elevations, the pond will be designed as a wet pond in compliance with City standards. This report was evaluated by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. As a condition of approval, the developer must add a note on the final plat stating no crawl spaces will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lower point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to the release of a building permit. Additionally, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system and may not be discharged onto streets where they may create a safety hazard for pedestrians and vehicles. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils, or slopes. No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. The existing watercourse and associated wetlands will be preserved in the proposed open space lots and dedicated parkland. The applicant is requesting one departure from the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual under BMC 38.550.060. The departure narrative is located in document 026. Specifically, the applicant requests the established vegetation preservation departure to preserve trees on site to meet the tree planting requirements of the landscape design manual. Utilizing the departure allows the development to reduce the area required for new landscaping and allows for a more water-efficient landscape design in the open spaces, preserving their natural state. This is in keeping with the City’s water conservation goals and the character of the surrounding neighborhood. Departure criteria is located within the Landscape and Irrigation Performance and Design Standards Manual. The City’s Water Conservation Division has reviewed and approved the requested departure. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property, or observed or mapped threatened or endangered species. The property is bound by 73 25017 Staff Report for Meadow Bridge Subdivision Page 25 of 31 existing city streets and residential developments to the north, east, and west. Agricultural uses and undeveloped land are adjacent to the proposed development to the south. The aquatic resources on the property include the existing watercourse and associated wetlands, which have been identified and included in the wetland delineation report found in document 013. Impacts to this area have been discussed above under Surface Water. The applicant provided an Environmental Assessment in document 006 and contacted the State of Montana Fish, Wildlife and Parks (FWP) for comments on the proposed project. The FWP recommended a minimum of 100 feet of vegetated buffer plus 30 additional feet for a building setback, for a total of at least 130 feet from the wetlands. Additionally, FWP recommended promoting and maintaining an intact riparian zone along the stream within the development to help protect bank integrity as well as downstream habitats. These recommendations from FWP conflict with the requirements found in the City’s development regulations. The applicant is proposing a minimum 50-foot buffer from the edge of the wetlands, as required by BMC 38.410.100, to ensure no lots are within the area. The applicant is also required to plant watercourse plantings near the stream to ensure the banks are maintained. Any impacts to the watercourse and wetland will be mitigated with the required 310 and 404 permits. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site was originally a remainder parcel which resulted from two previous subdivisions, Meadow Creek Subdivision to the west and South Bridge Subdivision to the east. Although undeveloped, no agricultural uses have occurred on the property in many years, and no agricultural activities are proposed as the subdivision is developed. The subject property is designated as Urban Neighborhood according to the 2020 Bozeman Community Plan and is zoned R-3 Residential Medium Density District. The subject property is adjacent to an unannexed agricultural development to the south. The adjacent agricultural uses require the applicant to include a section in future property owners’ association documents addressing agricultural uses of neighboring properties in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above under primary review criteria. 74 25017 Staff Report for Meadow Bridge Subdivision Page 26 of 31 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the proposed development and nearby areas by improving adjacent collector and local streets, enhancing multi-modal transportation, and providing local street access to proposed developable lots. One collector and two local streets are proposed to be completed within the subdivision. The extension of Blackwood Road along the southern property line running east-west, the extension of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive extending north-south through the subdivision. Blackwood Road along the southern boundary is considered a collector street and is proposed as a modified or custom street section to accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right- of-way. This design process was reviewed under the authority of the Director of Transportation and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys are also proposed within the subdivision. Alley A is located within Block 1 in the northwest corner of the subdivision, providing access to lots fronting on the proposed green space per BMC 38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the subdivision, providing additional access to lots along Blackwood Road and Last Loop Drive. Alley A will be constructed within a 30-foot-wide right-of-way and Alley B will be constructed within a 20-foot- wide right-of-way. Both alleys will be maintained by the subdivision Property Owners’ Association. A Traffic Impact Study (TIS) dated February 2025, stamped and signed by a professional engineer, was provided in document 012 and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, Blackfoot Communications, Charter, CenturyLink, and Yellowstone Fiber for the proposed subdivision. These responses are provided under application document 027. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the R-3 zoning district. Proposed land uses for the subdivision are primarily residential in the form of single detached households on individual lots; however, several larger lots are proposed, which could accommodate multiple dwellings. Exhibit 6 below shows proposed uses over the entire 75 25017 Staff Report for Meadow Bridge Subdivision Page 27 of 31 subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-3 Zoning. The proposed subdivision complies with the minimum density of 5 dwellings per net acre for the R-3 Zoning per BMC 38.320.030.C. The net residential density is calculated as the number of residential units per buildable land, excluding any land to be used as street rights-of-way or parks. The proposed subdivision contains a total of 25.32 acres and will be divided into 8.53 acres of residential lots, 3.23 acres of street rights-of-way, 3.45 acres of parkland, and 10.11 acres of open space. The subdivision is proposing 45 dwelling units on the 8.53 net acres and will therefore have a minimum residential density of 5.28 dwelling units per acre. The proposed subdivision is compliant with the minimum required density of the R-3 Zoning. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide 3.45 acres of new dedicated City parkland. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal. See the previous discussion under Parks in the primary review criteria. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center. The proposed subdivision is 8.53 net acres and, therefore, is exempt from the requirement of a neighborhood center. 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 8 is related to this issue. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 76 25017 Staff Report for Meadow Bridge Subdivision Page 28 of 31 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. The proposed subdivision is appropriate for this zone because of the proposed pedestrian amenities, enhancement of the natural environment within parks and open spaces, and the development of primarily residential single detached households on individual lots with several larger lots which could accommodate multiple dwellings. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 77 25017 Staff Report for Meadow Bridge Subdivision Page 29 of 31 The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a 78 25017 Staff Report for Meadow Bridge Subdivision Page 30 of 31 zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing residential development in the form of single detached households on individual lots with several larger lots which could accommodate multiple dwellings along a collector and multiple local streets. The proposed subdivision also plans pedestrian amenities across the park, trail, and open space system, allowing access to the surrounding streets with existing pedestrian networks. Density and individual uses will be evaluated at the time of development against the R-3 zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715, representing owner Meadow Bridge LLC, 242 S 64th Street W, Billings, MT 59106. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420. The City scheduled a public notice for this application on June 16, 2025. The applicant posted a public notice on the subject property on May 29, 2025. The City sent a public notice to physically adjacent landowners of record within 200 feet of the subject property via first-class mail on June 13, 2025. The City has received two written public comments on the application as of the writing of this report. One submitted comment identified concerns with safety and traffic with the proposed connection of Blackwood Road between the two existing subdivisions. The second submitted comment identified concerns with another subdivision proposal in the southern area of the City, including concerns regarding water and traffic, and the overall population of Bozeman plus the high number of vacancies in certain areas. 79 25017 Staff Report for Meadow Bridge Subdivision Page 31 of 31 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Meadow Bridge LLC, c/o Derek Williams, 242 S 64th Street W, Billings, MT 59106 Applicant: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715 Representative: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715 Report By: Bailey Minnich, Development Review Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25017. Project documents are available at this direct link to the public Laserfiche archive for application 25017. The following documents and drawings are available in the online public archive: • Meadow Bridge Subdivision Preliminary Plat sheet 2 (other individual sheets located in the drawings folder linked above) • Overall landscaping plan • Plat Narrative • Land use • Park master plan • Overall subdivision green plan 80 Memorandum REPORT TO:City Commission FROM:Jeff Butts, MPO Manager SUBJECT:Authorize City Manager to Sign Metropolitan Transportation Planning Funding Agreement for the Pass-Through of Federal Transit Administration Section 5303 Funds to the Urban Transportation District MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to sign Metropolitan Transportation Planning Funding Agreement for the pass–through of Federal Transit Administration Section 5303 Funds to the Urban Transportation District. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Gallatin Valley Metropolitan Planning Organization (MPO) was established following the 2020 Census, which identified the Bozeman Urbanized Area as having a population exceeding 50,000. Hosted by the City of Bozeman, the MPO leads regional transportation planning efforts across jurisdictions, including coordination with the Urban Transportation District (UTD), which operates Streamline transit services. One key area of coordination involves Federal Transit Administration (FTA) Section 5303 planning funds. These funds support transit planning activities and are included in the MPO’s annual Unified Planning Work Program (UPWP), which combines the MPO’s budget and work plan. The MPO receives and passes these funds through to UTD/Streamline with the City, serving as the MPO host, managing the associated processing and accounting. The Metropolitan Transportation Planning Funding Agreement formalizes the reimbursement process – including contacts and timelines – and builds upon existing agreements, contracts, and federal requirements. It outlines the procedures and responsibilities for administering Section 5303 pass– through funds. The agreement is effective for five years and defines the respective responsibilities of both the City and the UTD. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. 81 FISCAL EFFECTS:None. Attachments: MPO Section 5303 Agreement.pdf Report compiled on: July 1, 2025 82 1 Metropolitan Transportation Planning Funding Agreement THIS AGREEMENT is made and entered into this _15th day of __July___________, 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 the Gallatin Valley Urban Transportation District, hereinafter referred to as “UTD.” The City and UTD may be referred to individually as “Party” and collectively as “Parties.” RECITALS The following recitals form the basis for the Parties’ intentions and as such are material to this Agreement: WHEREAS, on December 19, 2023, an Interlocal Agreement was entered into, establishing the Gallatin Valley Metropolitan Planning Organization (“MPO”) and each entity’s responsibilities and commitments associated therewith; and WHEREAS, pursuant to the Interlocal Agreement, the City serves as the pass-through entity for Metropolitan Transportation Planning Program funds (referred to as “Section 5303 funds”) allocated to the UTD according to 49 U.S.C. § 5303; and WHEREAS, Section 5303 funds are administered in accordance with the Section 5303 Planning Contract, required by 49 U.S.C. § 5303, executed between the City of Bozeman and the Montana Department of Transportation (“MDOT”); and WHEREAS, the UTD is subject to the same compliance requirements, including but not limited to the terms and conditions of the contract, and all other federal requirements; and WHEREAS, Section 5303 funds are distributed annually through a federal formula-based allocation process with their programming and authorized use explicitly defined in the MPO’s annual Unified Planning Work Program (“UPWP”); and WHEREAS, the use of Section 5303 funds is strictly limited to planning activities and is prohibited from being applied to operational and capital expenses; and 83 2 WHEREAS, for the purposes of this Agreement HRDC is the entity accepting the Metropolitan Transportation Planning Program funds on behalf of the UTD. NOW, THEREFORE, the Parties mutually agree: 1. Purpose: City agrees to enter this Agreement with the UTD in order to formalize the terms to allow the UTD to accept Section 5303 funds using the City as the MPO pass- through entity. In this structure, the City will accept Section 5303 funds, and the UTD entities will request payment from the City. 2. Term/Effective Date: This Agreement is effective upon the date indicated above and will be effective for five years. The Parties intend to review this agreement every five years in coordination with the City’s long range transportation plan. 3. Party Representatives: a. The City’s representative for this Agreement is: Jeff Butts, MPO Manager Transportation and Engineering City of Bozeman 7 E. Beall St. Bozeman, MT 59715 (406)577-7416 jbutts@bozeman.net b. The UTD’s representative for this Agreement is: Sunshine Ross, Transportation Director Steamline Gallatin Valley Urban Transportation District 1812 N. Rouse Ave. Bozeman, MT 59715 (406)587-2434 sross@streamlinebus.com 4. UTD Entity’s Responsibilities: a. UTD entity agrees to submit all reimbursement requests to the MPO Manager and City Grants Coordinator via email. b. UTD entity agrees to provide a quarterly written report to the City, which shall include a cover letter or memorandum, a detailed itemization of expenses, and supporting documentation demonstrating that each expense has been paid as required for reimbursement. 84 3 c. UTD entity will submit reimbursement requests to the City no later than the thirtieth (30th) day of each month following the end of each quarter of the fiscal year. If the thirtieth day falls on a weekend or holiday, the submission shall be due on the following business day. d. If requested by the City, UTD entity will promptly provide additional information to support the reimbursement request. Reimbursement requests will not be paid until all necessary documentation is received including any additional information requested - either by the City, State, or Federal partners. e. UTD entity shall maintain complete, accurate, and readily accessible financial records related to the administration and expenditure of the Metropolitan Transportation Planning Program funds for a minimum of three (3) years from the date of submission of the final expenditure report, in accordance with federal and state requirements. f. Upon request of the City or the MPO, UTD entity shall provide access within two business days to all relevant records for the purpose of monitoring compliance. The City will provide reasonable advanced noticed as practical. UTD entity must fully cooperate with any such monitoring, and promptly implement any corrective actions identified by the City or MPO. g. Should any discrepancies or instances of non-compliance be identified during a monitoring visit, UTD entity must promptly implement corrective actions and report such actions to the MPO and the City. h. UTD entity will provide the required twenty (20) percent local match, which it agrees is solely its responsibility. The UTD will provide information regarding this funding with its quarterly request for reimbursement. i. The UTD entity agrees to provide in-kind contributions, such as staff time and other coordination efforts as needed. All in-kind contributions must be consistent with the cost sharing requirements of 2 CFR §200.306. 5. City’s Responsibilities: a. The City shall incorporate Section 5303 funds into the MPO’s annual Unified Planning Work Program (“UPWP”), subject to review and approval by the Transportation Policy Coordinating Committee (“TPCC”) and in compliance with all applicable federal regulations and program requirements. b. The City will reimburse UTD entity the Section 5303 funds on a quarterly basis for costs incurred under this program. c. The City will reimburse UTD entity within thirty (30) days of receiving payment from the State of Montana. 85 4 d. The City reserves its right, at its sole discretion, to initiate an audit or compliance review of UTD entity’s financial records pertaining to Section 5303 funds at any time. e. A ten (10) percent de minimis rate may be assessed by the City, on behalf of the MPO, to the UTD entity for administering the Section 5303 funds if determined necessary for ongoing operations. f. The City agrees to provide support through staff time and other coordination efforts as needed. 6. No Separate Legal Entity. This Agreement does not create a separate legal entity. 7. Term. This Agreement shall be five years, unless modified or terminated as provided in this Agreement. The Parties acknowledge that this Agreement is contingent upon the State and Federal administration of Section 5303 funds. 8. Amendment. The terms and conditions of this Agreement may not be amended except by an instrument in writing executed by the Parties. 9. Termination. Any party may terminate its participation in this Agreement when its governing body adopts a resolution for termination and it serves written notice of intent to terminate on the other Parties, and the Transportation Policy Coordinating Committee (TPCC), not less than six months before the end of the current fiscal year. The TPCC must approve the termination of this Agreement. The Parties acknowledge that this Agreement is contingent upon the State and Federal administration of Section 5303 funds, and Federal or State actions may lead to de facto termination. 10. Non-Waiver. Waiver by any party of strict performance of any provision of this Agreement shall not be a waiver of or prejudice to any of the party’s rights to require strict performance of the same provision in the future or of any other provisions. 11. Headings. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 12. 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. 13. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of Montana and any action to enforce any right or obligation shall be brought in the Eighteenth Judicial District Court of Montana. 14. 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. 86 5 **** 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 HRDC/Streamline accepting as the UTD Entity By________________________________ By__________________________________ Chuck Winn, City Manager Sunshine Ross, UTD Director APPROVED AS TO FORM: By_______________________________ By _________________________________ Greg Sullivan, Bozeman City Attorney Judd Jensen, UTD Attorney 87 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager's Signature for the 3rd Amendment to the Construction Agreement with Constructive Solutions Inc. for the Downtown Alley Enhancement Pilot Project. MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager's Signature for the 3rd Amendment to the Construction Agreement with Constructive Solutions Inc. for the Downtown Alley Enhancement Pilot Project. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: This 3rd and final Amendment to the Construction Agreement with Construction Solutions for the Downtown Alley Enhancement Project is for the approval of a durational change for completion from June 30, 2025 to August 29, 2025. The durational extension is due to unforeseen shipping issues for light fixtures needed to be installed in order to complete the contract. No fiscal effects. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:No fiscal effects. Attachments: 3rd Amendment Alley-CSI_final.pdf Report compiled on: July 9, 2025 88 Page 1 of 2 THIRD AMENDMENT TO CONSTRUCTION AGREEMENT THIS THIRD AMENDMENT TO THE CONSTRUCTION AGREEMENT FOR the Downtown Bozeman Alley Enhancement Pilot Project dated 13th day of February, 2024 (the "Agreement”) is made and entered into this day ______________, 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 CONSTRUCTIVE SOLUTIONS INC., 111 S Grand Ave Suite 223, Bozeman, MT 59715, 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. Term/Effective Date. This amended agreement is effective upon adoption and will expire on the 29th Day of August, 2025 unless earlier terminated in accordance with the agreement. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 89 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CONSTRUCTIVE SOLUTIONS By By Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By Greg Sullivan, Bozeman City Attorney 90 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize City Manager to sign the Professional Services Agreement with Clear Route Real Estate, LLC to provide Right of Way Acquisition Services on a Term Contract Basis for 2 years from the Date of Execution. MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with Clear Route Real Estate, LLC to provide Right of Way Acquisition Services on a Term Contract Basis for 2 years from the Date of Execution. 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 Professional Services Agreement with Clear Route Real Estate, LLC to provide Right of Way Acquisition Services on a Term Contract Basis for 2 years from the Date of Execution. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on May 3rd and May 17th, with the proposals being due on May 28th. Only one proposal was received on the project which was distributed to a selection committee of 3 city employees. The respondent was determined to be qualified for the project by the committee. Moving forward, individual task orders will be issued for each separate acquisition to be pursued. Fee for each task order will be on a time and material basis. The term for the contract is two years after which it can be extended through an amendment or a new Request for Proposals issued at the City’s discretion. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Fees will be negotiated on a per task basis and paid for from the individual project fund for which the right of way is being acquired. 91 Attachments: Right of Way Acquisition Professional Services Agreement.pdf Report compiled on: July 2, 2025 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Water Resources Engineer SUBJECT:Authorize the City Manager to Sign Task Order No. 2 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for UV Disinfection System Controls Upgrades at the Water Reclamation Facility. MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order No. 2 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for UV Disinfection System Controls Upgrades at the Water Reclamation Facility. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Water Reclamation Facility (WRF) under a master task order professional services agreement authorized by the City Commission on June 3, 2025. Task Order 2, attached, provides for engineering services to design and implement UV disinfection system controls upgrades. These upgrades were identified and recommended by HDR through the predesign phase services recently completed for the WRF Phase 1 Hydraulic Upgrades project. The objectives of the UV upgrades effort are threefold: 1) optimize the performance of the existing UV treatment process to reduce annual power demands and costs as well as extend the remaining useful life of existing UV equipment; 2) obtain approval from Montana DEQ to re-rate the existing approved design capacity of the UV system to a higher rated capacity supported by actual system performance data; and 3) provide for seamless replacement of existing Gen2 UV system components, which the equipment manufacturer, Trojan Technologies, is no longer supporting in favor of bringing its new Gen3 equipment to market. The UV disinfection system is the final treatment process employed at the WRF prior to the discharge of treated effluent to the East Gallatin River. UNRESOLVED ISSUES:None. 107 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated fee for Task Order 2 is not to exceed a total cost of $47,364.00. Funding for this task order is provided by FY24 wastewater fund appropriations allocated to capital improvement project WW129 – WRF Phase 1 Hydraulic Upgrades that have been carried forward into current FY26. Sufficient budget authority exists to complete the agreed scope of work. Attachments: Task Order No. 2 - Combined.pdf Report compiled on: July 1, 2025 108 WRF Task Order No. 2 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 02 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated July 15, 2025, between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. See Attachment A – Task Order No. 2 Scope of Work – UV Upgrades COMPENSATION: The anticipated level of effort for the above Task items are based upon the manhour projection and expense projection provided as Attachment B – Fee Estimate to this Task Order No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed a total amount of $47,364.00 without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 109 Attachment A – Task Order No. 2 – UV Upgrades 1 ATTACHMENT A – TASK ORDER NO. 2 SCOPE OF WORK – UV UPGRADES BACKGROUND The overall objective of this project is to complete design, bidding, and construction administration services for the City of Bozeman (City) Water Reclamation Facility (WRF) Phase 1 Ultraviolet (UV) Disinfection System Upgrade Project. The major project elements include upgrades to the System Control Center (SCC) and Hydraulic System Center (HSC). These project components were identified in the Pre-design Report and are driven by the need for improved equipment controls and obsolescence planning. SCOPE OF SERVICES The scope of services is identified in the following tasks and will commence upon written Notice to Proceed (NTP) with the selected tasks. The project schedule will be determined at the time of NTP but is anticipated to be 18 months, with Construction Administration as a future task. Tasks Description 100 Project Management 200 Preliminary Design and Coordination 300 Final Design and Coordination 400 UV Upgrade SCADA Coordination Task 100. Project Management Objective and Approach HDR will manage the professional services contract of the project. HDR will provide scope, schedule, and cost management; and initiate and attend project coordination meetings. 101. Project Management Plan A Project Management Plan (PMP) will be prepared which clearly communicates project objectives, scopes, budgets, schedule, communications protocols, constraints, applicable regulations, health and safety requirements for field work, and guidelines to project team members. 102. Project Initiation Workshop Conduct a workshop between the City and HDR to discuss scope, project schedule, deliverables, and initial data requests. An agenda will be prepared and distributed to the anticipated attendees. Prepare and distribute notes to attendees after the workshop. 110 Attachment A – Task Order No. 2 – UV Upgrades 2 103. Progress Reports and Invoices Prepare monthly project status reports that compare work accomplished with scheduled activities, compare expenditures with task budgets, and describe changes to the scope that have occurred. Submit progress report combined with invoice for the duration of the project. 104. Monitor Project Progress Monitor project progress using earned value management by evaluating on a monthly basis the work completed, work remaining, schedule, budget expended, estimated cost of remaining work, and estimated cost at completion. Communicate scope, schedule, and budget status with the project team and review technical content of work products. Inform City in monthly progress report of budget or schedule related issues. 105. Project Quality Control Review work activities and project deliverables for conformance with quality control requirements and project standards. Monitor project activities for potential changes, anticipate changes whenever possible, and with the City’s approval, modify project tasks and approach to keep the overall project within budget and on schedule. 106. Project Close-Out Consolidate working files into final records folders. Destroy duplicate, draft, and obsolete documents. Verify record documents are included in final records folders. Verify and document that the contract terms and conditions have been met and service and deliverable obligations completed. Issue a contract completion notice to City. Task 100 Assumptions The fee for this task is based upon the following assumptions: • This task is for the administration and management of HDR’s contract. • City will participate in project initiation workshop, conference calls, and meetings (workshop and meetings via Teams). • Invoice and progress report format will follow City standard format. • City will review the progress report and approve invoices. • Labor costs and expenses for this contract will be tracked at the task level. • Direct expenses for travel, sustenance, printing, and photocopying will be billed to City. • City will proportionately adjust loaded labor rates to actual salary and wage increases for individuals. • Quality control reviews of work activities and project deliverables are included in the corresponding task. • The contract completion notice will be included with the final progress report and invoice. Task 100 Deliverables Deliverable work products consist of the following: • Meeting agendas transmitted to City via e-mail in .pdf format prior to project initiation workshop and meetings. 111 Attachment A – Task Order No. 2 – UV Upgrades 3 • Meeting agendas delivered to the City in hard copy format at project initiation workshop and project meetings, if held in person. • Notes from project initiation workshop, and meetings transmitted to City via e-mail in .pdf format. • Monthly progress report and invoice transmitted to City via hard copies. Task 200. Preliminary Design and Coordination Objective and Approach Prepare preliminary design to meet the requirements of the City and the State of Montana Department of Environmental Quality (DEQ) Circular DEQ-2 Design Standards for Public Sewage Systems. The preliminary design will be based on the previously completed UV pre- design report (PDR). This task will confirm operational goals to inform final vendor package development. Delivery shall be a brief technical memorandum outlining the system components, required modifications, controls and operations strategy, and final vendor proposal. 201. UV Upgrades Controls and Operations Evaluation The UV upgrades will be based on decisions and recommendations made in the previous project phase, including its location, size, and associated equipment required. This task includes coordination with City operations staff to determine desired operation and controls approach. City feedback will be used to inform final vendor package requirements and preliminary system programming infrastructure. Improved UV system controls will allow for potential energy savings from optimized dosing and operation. The preferred UV dosing operation and controls approach will be collaboratively determined with the City and coordinated with the equipment supplier to inform upgrade components. Results of this task will be summarized in a technical memorandum. 202. UV Upgrades Design and Coordination The upgrades in the vendor package will include a new System Control Center (SCC), Hydraulic System Center (HSC), and Human Machine Interface (HMI). Vendor coordination will include the evaluation of the physical compatibility for new equipment to determine required modifications to existing physical infrastructure. Upgrading of this equipment will improve existing UV system controls while preparing the facility for future UV equipment upgrades that will require the upgraded SSC and HSC. Results of this task will be summarized in a technical memorandum with an attached final vendor proposal. 203. UV DEQ Coordination UV upgrades will require coordination with MDEQ in order to formalize the system’s estimated rerate capacity. This task will include agency coordination and information sharing to confirm the new UV capacity improvements. Task 200 Assumptions The fee for this task is based upon the following assumptions: 112 Attachment A – Task Order No. 2 – UV Upgrades 4 • Existing UV system performance data, record drawings, submittals, and other prior reference data will be used, as required, for specific design requirements. • No additional work is required on other UV system hydraulic and equipment components. • City will provide draft technical memorandum review comments two (2) weeks from date of receipt. Task 200 Deliverables Deliverable work products consist of the following: • Draft technical memorandum. • Agency coordination. • Meeting agendas transmitted to City via e-mail in .pdf format prior to coordination calls and meetings. Task 300. Final Design and Coordination Objective and Approach Prepare final design to meet the requirements of the City and the State of Montana DEQ Circular DEQ-2 Design Standards for Public Sewage Systems. The final design will be based on the previously completed pre-design report and design decisions made in the preliminary design task. 301. UV Upgrades Final Design The UV upgrades final design will incorporate City and agency comments to develop a final vendor package for approval and installation. Task 300 Assumptions The fee for this task is based upon the following assumptions: • Design drawings and specifications are not required for final implementation. • City will coordinate final install with Vendor once final proposal is established. Task 300 Deliverables Deliverable work products consist of the following: • Finalized technical memorandum. • Decision Log to document design decisions. • Memorandum that summarizes City review comments with responses. • Memorandum that summarizes DEQ review comments with responses. • Notes from meetings, transmitted to City via e-mail in .pdf format. 113 Attachment A – Task Order No. 2 – UV Upgrades 5 Task 400. UV Upgrade SCADA Coordination Objective and Approach Integrate existing SCADA with upgraded UV system controls. 401. UV Upgrades Programming SCADA system will be upgraded to integrate updated UV system controls. Task 400 Assumptions The fee for this task is based upon the following assumptions: • City will provide information and access required to implement SCADA changes Task 400 Deliverables Deliverable work products consist of the following: • Updated SCADA to integrate with UV system controls. 114 Fee Estimate as of 06/18/2025 Client: City of Bozeman Project: WRF Phase 1 UV Upgrades Summary of Hours 0.00 Project Manager 17.00 Project Engineer 6.00 EIT Sanitary 75.00 Engineer Sanitary 58.00 QA/QC 16.00 Engineer Instrumentation 50.00 Project Accountant 2 6.00 Total Hours 222.00 Total HDR Labor $45,289.00 Total Expenses $2,075.00 Total Fee $47,364.00 Attachment B - Fee Estimate - Task Order No. 2 115 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Jill Miller, Water Treatment Plant Superintendent Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for the Sourdough Water Treatment Facility Plan and South Pressure Zone Study MEETING DATE:July 15, 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 Sourdough Water Treatment Facility Plan and South Pressure Zone Study. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Sourdough Water Treatment Facility Plan (SWTFP) and the South Pressure Zone Study (SPZS), identified in the City's Capital Improvements Plan as Project Number W141, are needed to provide a roadmap for capital replacement and expansion associated with Bozeman’s Sourdough Water Treatment Plant and new water distribution service area south of Blackwood Road. The SWTFP focuses on planning for the long-term maintenance, capacity upgrades, and expansion needs of the Sourdough Water Treatment Plant, as well as the transmission and storage facilities for both the Sourdough and Hyalite water supplies. This plan is essential for guiding investments over a 20-year planning horizon to ensure continued reliable service and to accommodate future growth. The SPZS expands on the City’s 2017 Water Facility Plan Update by providing a detailed evaluation of expansion into a new water service area south of the current limits of the City’s municipal distribution system. Although the 2017 Plan identified the need for future service areas to accommodate anticipated growth, it did not include a specific analysis for implementation south of Blackwood Road. 116 Since the scopes of the SWTFP and SPZS overlap, the City has combined both efforts under a single contract to ensure coordinated planning and more effective recommendations. The work is being completed in phases to support an informed approach. Phase 1 of the project established the basis of planning for both the SWTFP and SPZS and included an evaluation of transmission and storage needs for the Sourdough and Hyalite water sources. Building on this foundation, Phase 2 will focus on developing a master plan for the Sourdough plant site, assessing treatment process needs, and creating a comprehensive Capital Improvement Plan to support the plant over the 20-year horizon and guide expansion into the South Pressure Zone. The City’s professional services agreement (PSA) with AE2S currently covers the full scope of the SPZS and Phase 1 of the SWTFP. With these components nearing completion, the City is prepared to begin Phase 2. Amendment No. 1 to the PSA expands the scope of work to include Phase 2. A detailed breakdown of the additional services is provided in the attached amendment. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Amendment No. 1 adds a cost of $191,577 to complete the Phase 2 scope, bringing the total project costs to $433,485. Budget authorization for a total of $455,000 was provided in fiscal year 2025 for the combined Phase 1 and Phase 2 work. A roll forward budget amendment to move the remaining funds into fiscal year 2026 was completed with the recent fiscal year 2026 budget adoption. Attachments: Amendment 1_PSA_AE2S_WTFP_Phase2.docx Report compiled on: July 3, 2025 117 Amendment No. 1 1 Amendment No. 1 to Professional Services Agreement for Sourdough Water Treatment Facility Plan THIS AGREEMENT is made as of this day of , 2025, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Advanced Engineering and Environmental Services, LLC, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement August 6, 2024, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of the Original Agreement as specifically provided for in this Amendment No. 1. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: A. The scope description provided with Attachment 1 to this Amendment No. 1 is hereby incorporated into Exhibit C – Scope and Fee Description provided with the Original Agreement as if set forth therein. B. Article 6 – Compensation for Engineering Services of the Original Agreement is amended at 6.1.1 to read as follows: 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay ENGINEER $191,577 for the additional services set forth in this Amendment No. 1. C. Article 6 – Compensation for Engineering Services of the Original Agreement is amended at 6.1.2 to read as follows: 6.1.2 Amendment No. 1 Payment Schedule. Total cumulative payments for the study phase engineering services set forth in this Amendment No. 1 shall not exceed the following ceilings: $114,946 (60% of design fee) until all Phase 2 Workshops identified in Exhibit C have been held. $172,419 (90% of design fee) until all Draft Final Deliverables have been provided to the Owner for review. 118 Amendment No. 1 2 Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ATTEST: By: Chuck Winn Interim City Manager By: Mike Maas City Clerk APPROVED AS TO FORM By: Greg Sullivan City Attorney ENGINEER By: Brian R. Bergantine, PE Project Quality Director 119 Exhibit C TO AMENDMENT 1 TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Bozeman Sourdough Water Treatment Facility Plan Amendment to Professional Services Agreement dated August 6, 2024 Phase 2 Scope of Engineering Services June 25, 2025 Scope and Fee Definition Task 1 – Project Management a. Prepare scope and contract amendment. b. Prepare and submit monthly invoices c. Prepare and participate in check-in meetings approximately every two weeks during the Project. d. Submit Project Progress updates to the Owner, and keep the Owner apprised of schedule, budgets, and team developments. e. Technical Memorandums f. Public Stakeholder Meetings & preparation of materials as requested by the Owner (Separate Hourly Task) g. Estimated Task Hours = 36 hrs h. Estimated Task Fee = $8,940 Task 2 WTP Buildout Process and Layout & Site Master Plan a. Review and evaluate existing campus site and evaluate capacity to support recommended improvements in the Phase 2 Facility plan. b. Incorporate recommendations for Pretreatment, Contract Time, Residual Management, Membrane treatment, CT, Hydraulic capacity into existing site map. c. Incorporate the City’s Sustainability Division’s onsite solar analysis into the site plan. d. Develop site layout with identified improvements for infrastructure footprint expansions on the Water Treatment Plant (WTP) property related Capital Improvements Planning. e. Estimated Task Hours = 75 hrs f. Estimated Task Fee = $13,496 Task 3 Pretreatment Capacity Expansion Considerations a. Conduct field condition assessment walkthrough of WTP and provide discipline-based recommendations into Capital Improvement Plan. b. Review current pretreatment performance including loading rates, hydraulic capacity, and water quality treatment performance. c. Integrate existing pretreatment performance with Phase 1 capacity growth scenarios, identify expansion trigger points, and develop planning level cost estimate for the Capital Improvements Planning. d. Estimated Task Hours = 58 hrs e. Estimated Task Fee = $10,028 120 Task 4 – Contact Time Evaluation a. Building on the work completed in the Phase 1 Master Planning effort, continue to progress the Contact Time (CT) credit discussion with DEQ as it related to anticipated Owner improvements including: i. Improvements to the existing system that will allow for increased CT credit for the existing 5.3MG Tank. ii. Improvements that will be implemented by the Owner to prepare for South Pressure Zone. b. Expand on the Contact Time (CT) analysis completed for Phase 1 by developing revised CT Calculations for the proposed Phase 1 improvements. c. Evaluate the future needs for CT requirements based on future water production capabilities to ensure DEQ compliance. d. Prepare documentation and presentation materials for leading the Contact Time revisions that will be proposed to DEQ. Attend and lead meetings as requested by the Owner. e. Estimated Task Hours = 132 hrs f. Estimated Task Fee = $22,722 Task 5 Waste Streams and Residuals Management a. Review the Owner’s quantified information for all current waste streams. b. Develop preliminary mass balance of residual waste production amounts based on current and future water treatment capacities. c. Perform preliminary evaluations of the following waste stream management strategies, including considering the suitability to meet the current and future capacities, capital costs, operations and maintenance, and scoring analysis for comparison: i. Existing drying bed capacity ii. Mechanical dewatering technology iii. Sewer option to connect to the existing city sewer system. d. Conduct workshop with the Owner to review the different strategies, receive input on scoring, and develop recommendations for proceeding with selected strategy. e. Identify trigger points based on future growth and/or higher loading rates for implementing the selected residuals management process. f. Estimated Task Hours = 112 hrs g. Estimated Task Fee = $19,207 Task 6 Chemical System Optimization and Improvement a. Capture Staff observations of existing Fluoride Room and documented as a condition assessment. b. Provide recommendations of HVAC improvements to powder activated carbon feed room necessary to address venting concerns. Provide capital improvement costs for PAC room improvements and PAC Dry feed system installation. c. Provide Dry vs Liquid PAC feed considerations and comparisons. d. Provide concepts for recycling and repurpose existing fluoride room space to support future needs of the water treatment plant. e. Review all existing chemical feed tanks (bulk and day) for condition, age, and capacities. Evaluate viability for support at future water production capacity. f. Develop replacement recommendations for all existing bulk chemical feed tanks. g. Estimated Task Hours = 82 hrs 121 h. Estimated Task Fee = $14,178 Task 7 Area B & Membrane Treatment System Upgrades a. Owner to provide 3-4 preferred alternative membrane manufactures to be consider, review selections and provide recommendations if any additional manufactures should be reviewed. b. Based on the final selection, determine implementation considerations for selected membrane manufacturers (i.e. efficiency, connections, footprint, life cycle, etc.). c. Review city’s water loss data through the membrane process and identify recommendations to improve operationally efficiency and impacts to membranes. d. Conduct workshop to present membrane research results and collect Owner feedback. Owner will narrow the membrane manufactures to one for the basis of planning for a membrane replacement schedule. e. Based on alternative membrane workshop, develop a membrane replacement schedule with selected manufacturer performance standards, and provide considerations of triggers points to begin replacement. f. Provide recommendations for membrane feed pumps, strainers, & valves to support membrane replacement schedule and growth plan. Identify trigger points for improvements and considerations of alternative triggers points if an alternative manufacturer product was utilized. g. Estimated Task Hours = 152 hrs h. Estimated Task Fee = $25,484 Task 8 WTP Staffing and Laboratory Planning a. Review and summarize the existing WTP staffing levels (full-time employees), and benchmark to other facilities of similar size and treatment technologies. Provide sources of benchmarks in final deliverable. Categories of staffing positions will consist of operators, laboratory, and maintenance personnel. b. Provide recommendations of additional positions to maintain level of service, along with recommended timing of budgeting positions. c. Review and summarize existing laboratory capabilities & Owner’s lab cost information (which includes distribution sampling). d. Capture feedback of Owner’s desires for future goals of inhouse laboratory capabilities, including State certified lab status. e. Identified gap and provided recommendations for equipment, training, and staffing requirements to reach Owner’s goals along with trigger point recommendations. f. Develop a cost benefit analysis comparing continuing with performing services via existing in-house capabilities vs becoming a State certified lab. g. Estimated Task Hours = 81 hrs h. Estimated Task Fee = $13,145 Task 9 Compile List of Capital Improvements Projects and Cost Estimates a. Review of the current Capital Improvement Plan for Sourdough WTP. b. Develop Capital Improvements Plan level cost estimates for major improvements identified in the scope of the Phase 2 Facility Plan 122 c. Summarize improvements for cost, suggested timelines for implementation, and provide initial priority ranking for the Owner Staff to review and the Owner Staff update the Capital Improvement Plan as needed. d. Estimated Task Hours = 87 hrs e. Estimated Task Fee = $14,868 Task 10 Water Treatment Facility Plan (Written) a. Summarize each task noted above into separate but consistent technical memorandums containing evaluation summary, recommendations, and cost estimates. b. Review technical memorandums at the 80% milestone review with the Owner, consisting of two presentations (one with City WTP Operations Staff, another with City Engineering and Utilities Team). c. Incorporate feedback and comments received. d. Submit final 100% deliverable of all Phase 2 Technical Memorandums e. Estimated Task Hours = 221 hrs f. Estimated Task Fee = $36,672 Total Phase 2 Facility Plan Scope and Fee Estimate: a. Estimated Task Hours = 1,036 hrs b. Estimated Task Fee = $178,740 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Additional Phase 1A Services a. Evaluate long-term solutions for WTP Tank improvements. b. Investigate transient flow occurring between WTP Tank and WTP Terminal box. c. Additional Owner meetings discussing WTP Tank improvement alternatives. d. Total Hours = 57 e. Total Fee = $12,837 Amendment 1 Total Fee = $191,577.00 123 Project Schedule Phase 2 Milestones Estimated Date Task 1 - Project Management Kickoff Meeting & Site Visit July 22nd Contract Amendment Completed July 8th Progress Meetings (Every Two Weeks) Task 2 - WTP Buildout Process and Layout & Site Master Plan Draft Improvements Review November 7th Complete Task December 15th Task 3 - Pretreatment Capacity Expansion Considerations Draft Improvements Review November 7th Complete Task December 15th Task 4 - Contact Time Evaluation Findings Workshop with City September 11th DEQ Documents and Presentation September 19th Complete Task December 15th Task 5 - Waste Streams and Residuals Waste Streams Workshop with City October 16th Complete Task December 15th Task 6 - Chemical System Optimization and Improvements Near Term CIP Chemical Tank Estimates August 21st Preliminary Findings Presentation to City September 25th Task 7 - Membrane Treatment System Upgrades Membrane Workshop with City October 2nd Preliminary Membrane Schedule December 1st Complete Task December 15th Task 8 - WTP Staffing and Laboratory Planning Staffing and Lab Planning Workshop with City November 3rd Cost Analysis and Recommendation Presentation November 26th Task 9 - Capital Improvements Project and Cost Estimates 3-Year CIP Projects Draft August 21st Preliminary CIP Recommendation Presentation November 10th Finalized Capital Improvement Plan December 1st Task 10 - Water Treatment Facility Plan Phase 2 Facility Plan Review December 18th Finalized Document December 31st 124 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize City Manager to Sign First Amendment to Bozeman Sports Park Field 7 Contract with FieldTurf USA, Inc. MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign First Amendment to Bozeman Sports Park Field 7 Contract with FieldTurf USA, Inc. STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:City Commission authorized the City Manager to sign the FieldTurf Contract for Field 7 on June 10, 2025 and signatures were executed on June 17, 2025. Initial contract did not include an add alternate for FieldTurf to perform mass grading while the possibility of in-kind donations were considered. Having had no such commitments secured, the City now wishes to proceed with an amendment to include mass grading. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per Commission FISCAL EFFECTS:Funding for the Field 7 project is authorized in the FY25 and FY26 budgets Attachments: BSP-Field-7_First-Amendment.docx Bozeman_Sports_Park_Field_7_Contract Report compiled on: July 3, 2025 125 First Amendment to Contract for Bozeman Sports Park Field 7 FY 2025 – FY 2026 Page 1 of 2 FIRST AMENDMENT TO CONTRACT THIS FIRST AMENDMENT TO THE CONTRACT FOR Bozeman Sports Park Field 7 dated June 17, 2025 (the “Contract”) is made and entered into this _____ day of ____________, 202__, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and FieldTurf USA, Inc., 175 N. Industrial Boulevard NE, Calhoun, GA, 30701, 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 Contract as follows: 1. Scope of Work. Article 1 of the Contract is amended to include Add Alternate No. 1: Mass Grading. 2. Contract Sum. Article 3 of the Contract is amended to $1,939,020.00 to reflect the $209,562.00 additional lump sum fee for the inclusion of Add Alternate No. 1. 3. Contract still valid. All remaining terms and provisions of the Contract remain valid. **** END OF CONTRACT EXCEPT FOR SIGNATURES **** 126 First Amendment to Contract for Bozeman Sports Park Field 7 FY 2025 – FY 2026 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA FieldTurf USA, Inc. By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Darren Gill Title: Executive Vice President APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 127 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 128372 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 129373 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 130374 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 131375 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 132376 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 133377 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 134378 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 135379 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 136380 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 137381 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: Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 138382 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 139383 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 140384 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 141385 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 142386 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 143387 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 144388 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 145389 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 146390 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 147391 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 148392 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 149393 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 150394 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 151395 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 152396 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, Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 153397 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 154398 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 155399 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 156400 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 157401 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 158402 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 159403 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 160404 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 161405 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 162406 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 163407 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 164408 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 165409 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 166410 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 167411 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 168412 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 169413 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 170414 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 171415 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 172416 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 173417 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 174418 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 175419 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 176420 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 177421 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 178422 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 179423 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 180424 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). Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 181425 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 182426 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 183427 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 184428 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 185429 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 186430 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 187431 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 188432 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 189433 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 190434 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] Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 191435 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) Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 192436 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 193437 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 194438 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 195439 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 196440 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 197441 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 198442 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 199443 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: 136CDocusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52200444 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:A Resolution Approving Prime Change Order 5 and Authorizing the City Manager to Sign Guaranteed Maximum Price Amendment 7 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt a Resolution Approving Prime Change Order 5 and Authorize the City Manager to Sign Guaranteed Maximum Price Amendment 7 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On November 19, 2024 the City Commission approved Guaranteed Maximum Price Amendment #6 for the construction of the Fire Station #2 Relocation Project as a part of the General Construction / Construction Manager Agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) in addition to crediting back unused contingency resulting in a decrease of $148,349.00 to the overall Guaranteed Maximum Price. Changes that will be addressed with this amendment include a number of modifications to the project as described in the attached Prime Change Order #5 document. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. This Amendment will serve as the final closeout for this project. UNRESOLVED ISSUES:TBD ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The changes included in this request result in an overall decrease of $148,349.00 to the overall Guaranteed Maximum Price. Attachments: Resolution FS2 Prime Change Order 5.docx 201 Bozeman Fire Station #2 Guaranteed Maximum Price Amendment No. 7.pdf Report compiled on: June 26, 2025 202 Version April 2020 RESOLUTION 2025__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING PRIME CHANGE ORDER 5 AND AUTHORIZING THE CITY MANAGER TO SIGN GUARANTEED MAXIMUM PRICE AMENDMENT 7 WITH MARTEL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE FIRE STATION 2 RELOCATION PROJECT. WHEREAS, the City Commission did, on November 19, 2024, authorize Guaranteed Maximum Price (GMP) Amendment #6 for relocation and construction of Fire Station #2 with Martel Construction, Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #7 for Construction of Fire Station #2, as contained in Prime Change Order #5, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of July 2025. 203 Version April 2020 ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 204 GMP AMENDMENT NO. 7 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Subparagraphs 3.7.1-3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 15th day of July, 2025, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No. 2 Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Early Work Amendment No. 1 $289,288.00 General Requirements 14 Months $604,261.00 Site Work Complete $1,203,480.00 Building Construction $8,572,043.00 Subtotal $10,669,072.00 General Liability Insurance $103,216.00 Gross Receipts Tax $115,663.50 Builders Risk $11,892.00 Bond $86,809.50 Construction Fee $540,063.00 PV System Construction $123,402.00 AMENDMENT # 6 GUARANTEED MAXIMUM PRICE $11,650,118.00 CONTRACT TIME The Certificate of Occupancy for this project was issued on September 27th, 2024 OWNER: CONTRACTOR: City of Bozeman Martel Construction, Inc. 121 N. Rouse Ave. 1203 S. Church Ave. Bozeman, MT 59715 Bozeman, MT 59715 By: __________________________ By: __________________________ Chuck Winn, City Manager Jason Martel, Executive Vice President 205 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution Amending Resolution 5663 relating to a Project in the Northeast Urban Renewal District known as the Bozeman Yards Project and Approving Update Legal Description. MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve the Resolution. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City Commission previously approved Resolution 5663 relating to a project in the Northeast Urban Renewal District known as the Bozeman Yards Project. Due to a clerical error by staff the uploaded version of Resolution 5663 did not match the Development Agreement that was previously presented to the City Commission. This Resolution amends Resolution 5663 in two ways: It amends the name of the legal entity from Brick Capital, LLC to Jackadoo, LP, which is consistent with the previously approved Development Agreement. It amends the total number of dwelling units in the project from 38 to 39, which is consistent with the previously approved Development Agreement. The Resolution also updates the legal description of the land in the Development Agreement. "Other than as expressly amended hereby, Resolution No. 5663 remains in full force and effect, and the findings therein, the approval of the Project, the approval of the Development Agreement, and the approval of the use of tax increment revenues or proceeds of tax increment revenue bonds in an amount up to $ 3,666,396 to reimburse the Developer for Eligible Costs of the Project, subject to the terms and conditions of the Development Agreement, are expressly ratified and confirmed." UNRESOLVED ISSUES:None at this time. 206 ALTERNATIVES:None at this time. FISCAL EFFECTS:This resolution does not change any of the financial obligations or commitments previously authorized by Resolution 5663. Attachments: Resolution amending Res 5663.v1.docx BZN Development Agreement -- Bozeman Yards.v4 20250715.docx Report compiled on: July 3, 2025 207 RESOLUTION _____ RESOLUTION AMENDING RESOLUTION NO. 5663 RELATING TO A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT KNOWN AS THE BOZEMAN YARDS PROJECT AND APPROVING UPDATED LEGAL DESCRIPTION BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Amendments. 1.01. On December 10, 2024, this Commission adopted Resolution No. 5663, approving a project in the Northeast Urban Renewal District as an urban renewal project and approving a form of development agreement related thereto (the “Development Agreement”). This Commission has determined to amend Resolution No. 5663 to conform to the Development Agreement. In addition, the legal description of the subject property included in the Development Agreement has since been updated. 1.02. The first paragraph of Section 1.03 of Resolution No. 5663 is hereby amended as follows (underlining indicates additions; strikethroughs indicate deletions): “1.03. Brick Capital, LLC Jackadoo, LP (the “Developer”) proposes to undertake the construction of a mixed use development consisting of approximately 38 39 residential condominium units, a commercial space, and an underground parking garage; public improvements including improving road surfaces, sidewalks, curbs, gutters and stormwater systems, critical updates to water and sewer infrastructure, and updating 208 Resolution ___________, Amending Resolution No. 5663 Relating to a Project in the Northeast URD Known as the Bozeman Yards Project 2 traffic patterns for better flow and safety on Front Street, East Aspen Street and North Ida Avenue; and related improvements (the “Project”).” 1.03. This Commission hereby approves updating the legal description in the Development Agreement to read as follows: Lot 17A in Block 104 of the Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana, according to the official plat thereon on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat Reference: C-23- A54] 1.04. Other than as expressly amended hereby, Resolution No. 5663 remains in full force and effect, and the findings therein, the approval of the Project, the approval of the Development Agreement, and the approval of the use of tax increment revenues or proceeds of tax increment revenue bonds in an amount up to $ 3,666,396 to reimburse the Developer for Eligible Costs of the Project, subject to the terms and conditions of the Development Agreement, are expressly ratified and confirmed. 209 Resolution ___________, Amending Resolution No. 5663 Relating to a Project in the Northeast URD Known as the Bozeman Yards Project 3 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___ day of _________, 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 210 Resolution ___________, Amending Resolution No. 5663 Relating to a Project in the Northeast URD Known as the Bozeman Yards Project 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. _____ entitled: “RESOLUTION AMENDING RESOLUTION NO. 5663 RELATING TO A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT KNOWN AS THE BOZEMAN YARDS PROJECT AND APPROVING UPDATED LEGAL DESCRIPTION” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on ______________, 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 Commission members voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand and seal officially this ___ day of ___________, 2025. (SEAL) __________________________________ MIKE MAAS City Clerk 211 DEVELOPMENT AGREEMENT (Bozeman Yards Project) This DEVELOPMENT AGREEMENT (this “Agreement”) is dated as of [______________], 2025 by and between JACKADOO, LP, and its permitted successors and assigns (collectively, the “Developer”), and the CITY OF BOZEMAN, MONTANA, 121 N. Rouse Ave., Bozeman, Montana 59771 (the “City”). The Developer and the City are each individually referred to herein as a “Party” and collectively as the “Parties.” RECITALS: WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects undertaken within the urban renewal area to pay eligible costs; WHEREAS, pursuant to the Act and Ordinance No. 1655 adopted by the City Commission of the City (the “City Commission”) on November 28, 2005, the City has created the Northeast Urban Renewal District (the “District”) as an urban renewal district and has approved the Northeast Urban Renewal Plan (the “Plan”) as an urban renewal plan in accordance with the Act, which Plan provides for the segregation and collection of tax increment revenues with respect to the District; WHEREAS, the Developer proposes to undertake the construction of a mixed use development consisting of approximately 39 residential condominium units, a commercial space, and an underground parking garage; public improvements including improving road surfaces, sidewalks, curbs, gutters and stormwater systems, critical updates to water and sewer infrastructure, and updating traffic patterns for better flow and safety on Front Street, East Aspen Street and North Ida Avenue; and related improvements (the “Project”), on land located in the District at North Ida Avenue and East Aspen Street, which is legally described on Exhibit B hereto (the “Land”); WHEREAS, pursuant to Resolution No. 5663 adopted on November 26, 2024, the City Commission approved the Project as an urban renewal project under the Plan and the Act and authorized the use of tax increment revenue of the District to reimburse the Developer for certain eligible costs of the Project described more particularly on Exhibit C hereto (the “Eligible Costs”) in the maximum amount of $3,666,396, subject to the terms and conditions of this Agreement; and WHEREAS, certain of the Eligible Costs are costs paid by the Developer in connection with the design, engineering, work, construction, materials, equipment, and other improvements eligible to be reimbursed by Tax Increment, which improvements are identified as such on Exhibit C hereto (the “Infrastructure Improvements”), and certain of the Eligible Costs are costs to be paid by the Developer as fees or charges pertaining to the Project, which fees and charges are identified as such on Exhibit C hereto (the “Project Fees and Charges”); and 212 2 WHEREAS, the City Commission may determine in its sole discretion to issue tax increment urban renewal revenue bonds in one or more series (the “Bonds”) to finance all or a portion of the Eligible Costs to be reimbursed to the Developer in the maximum amount of $3,666,396 and pay associated costs of the financing; and WHEREAS, the Parties desire to enter into this Agreement which sets forth the obligations and commitments of the Parties with respect to the Project. NOW, THEREFORE, the City and the Developer, pursuant to the Act, each in consideration of the representations, covenants and agreements of the other, as set forth herein, mutually represent, covenant and agree as follows: Section 1. Definitions; Rules of Interpretation; Exhibits. 1.1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context clearly requires otherwise, the following terms have the meanings assigned to them, respectively: “Act” means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended or supplemented. “Agreement” means this Development Agreement, dated as of _____________, by and between the City and the Developer, as it may be amended or supplemented from time to time in accordance with the terms hereof. “Bonds” has the meaning given in the Recitals above. “City” means the City of Bozeman, Montana, or any successors to its functions under this Agreement. “City Commission” means the governing body of the City. “Developer” means Jackadoo, LP, a Montana limited partnership, and its successors and assigns in accordance with and as permitted under this Agreement. “Developer Certificate” means the certificate attached hereto as Exhibit E. “District” means the Northeast Urban Renewal District, an urban renewal district created by the Ordinance pursuant to the Act, as such may be enlarged or reduced from time to time in accordance with the Act. “DOR” means the State of Montana Department of Revenue. “Eligible Costs” means the costs identified as such on the attached Exhibit C. “Environmental Laws and Regulations” means and includes the Federal Comprehensive Environmental Compensation Response and Liability Act (“CERCLA” or the “Federal Superfund Act”) as amended by the Superfund Amendments and Reauthorization Act of 1986 213 3 (“SARA”), 42 U.S.C. §§ 9601 et seq.; the Federal Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. § 1321 et seq.; and the Clean Air Act, 42 U.S.C. §§ 7401 et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, code, law, ordinance, regulation, requirement or rule which may relate to or deal with human health or the environment including without limitation all land use, zoning, and stormwater control regulations as well as all regulations promulgated by a regulatory body pursuant to any statute, code, law, ordinance, regulation, requirement or rule. “Fiscal Year” means the period commencing on the first day of July of any year and ending on the last day of June of the next calendar year, or any other twelve-month period authorized by law and specified by the Commission as the City’s fiscal year. “Indemnified Parties” has the meaning given to it in Section 7.1. “Infrastructure Improvements” means the design, engineering, work, construction, materials, equipment, and the other improvements, the costs of which form a part of the Eligible Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof. “Land” has the meaning given to it in the recitals hereof. “Land Use Regulations” means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Land or the Project. “Milestone” of “Milestones” has the meaning given in Section 3.4 hereof. “Milestone Date” or “Milestone Dates” has the meaning given in Section 3.4 hereof. “Ordinance” has the meaning given to it in the recitals hereof. “Original Resolution” means Resolution No. 4801, adopted by the City Commission on May 22, 2017, pursuant to which the City issued the Series 2017 Bond. “Person” means any individual, corporation, limited liability company, partnership, limited liability partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. “Prevailing Wage Rates” means the Montana Prevailing Wage Rate for public works projects as published from time to time by and available from the Montana Department of Labor and Industry, Research and Analysis Bureau, P.O. Box 1728, Helena, Montana 59624, telephone number (800) 541-3904. “Project” has the meaning given in the recitals hereto. “Project Fees and Charges” means those fees and charges pertaining to the Project that form a part of the Eligible Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof. 214 4 “Series 2017 Bond” means the Tax Increment Urban Renewal Revenue Bond, Series 2017 (Northeast Urban Renewal District), issued in the principal amount of $1,446,000 pursuant to the Original Resolution. “State” means the State of Montana. “Tax Increment” means the amount received by the City pursuant to the Act from the extension of levies of Taxes (expressed in mills) against the incremental taxable value (as defined in the Act) of all Taxable Property, and shall include all payments in lieu of Taxes attributable to the incremental taxable value and all payments received by the City designated as replacement revenues for lost Tax Increment. “Taxable Property” means all real and personal property located in the District and subject to Taxes, including land, improvements and equipment. “Taxes” means all taxes levied on an ad valorem basis by any Taxing Body against the Taxable Property (exclusive of the six mill levy for university purposes levied by the State and any other mills that are excluded from the calculation of tax increment under State law), and shall include all payments in lieu of taxes received by the City with respect to Taxable Property. “Taxing Body” means the City; the County of Gallatin, Montana; High School District No. 7 (Bozeman), Gallatin County, Montana; Elementary School District No. 7 (Bozeman), Gallatin County, Montana; the State; and any other political subdivision or governmental unit that levies or may hereafter levy or cause to be levied Taxes against property within the District. “Unavoidable Delay” means a delay resulting from a cause over which the Party required to perform does not have control and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to, acts of God, accidents, war, civil unrest, embargoes, strikes, unavailability of raw materials or manufactured goods, litigation, pandemics, epidemics, labor shortages, unusually inclement weather and the delays of the other Party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement. 1.2. Rules of Interpretation. (a) The words “herein,” “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any of its particular sections or subdivisions. (b) References to any particular section or subdivision hereof are to the section or subdivision of this Agreement in its original signed form, unless otherwise indicated. (c) The word “or” is not exclusive but is intended to contemplate or encompass one, more or all of the alternatives conjoined. 1.3. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: 215 5 Exhibit A: Project Budget Exhibit B: Legal Description of the Land Exhibit C: Eligible Costs Exhibit D: Milestones Exhibit E: Form of Developer Certificate Exhibit F: Nondiscrimination and Equal Pay Affirmation Section 2. Representations. 2.1. City Representations. The City hereby represents as follows: (a) Pursuant to the Act, and after a public hearing duly called and held, the City by the Ordinance has duly created the District. (b) Pursuant to the Original Resolution, the City has issued and there is outstanding the Series 2017 Bond. In the Original Resolution, the City reserved the right to issue obligations having a lien on Tax Increment subordinate to the lien of the Series 2017 Bond (“Subordinate Obligations”). Unless and until the City issues Bonds to reimburse the Developer in accordance with this Agreement, any and all obligations of the City hereunder constitute a Subordinate Obligation under the Original Resolution, subordinate and junior in all respects to the repayment of the Series 2017 Bond and the replenishment of the debt service reserve account for the Series 2017 Bond, and subject to all other terms and conditions of the Original Resolution. (c) Pursuant to Resolution No. 5663 of the City Commission, the City authorized the execution and delivery of this Agreement and approved the use of Tax Increment or proceeds of Bonds, if available, to reimburse or, as appropriate, pay the Eligible Costs in a total amount not to exceed $3,666,396. Subject to the terms and conditions of this Agreement, the City intends to reimburse the Developer for the Eligible Costs in an amount not to exceed $3,666,396. (d) The DOR has advised the City that the base taxable value (as defined in the Act) of the District is $423,054. 2.2. Developer Representations. The Developer hereby represents as follows: (a) The Developer is a Montana limited partnership, duly formed, validly existing and in good standing under the laws of the State and is duly qualified to do business in the State. The Developer has the power to enter into this Agreement and by all necessary corporate action has duly authorized the execution and delivery of this Agreement. (b) The Developer has good marketable title to the Land, free and clear of all liens, encumbrances and defects except such as do not materially affect the value of the Land or materially interfere with the use made and proposed to be made of the Land by the Developer. 216 6 (c) The Developer has the financial capability or commitments to complete the Project at an approximate cost of $61,160,000. (d) The Developer is not aware of any facts the existence of which would cause the Developer to be in violation in any material respect of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements. The Developer has not received from any local, state or federal official any notice or communication indicating that the activities of the Developer have been, may be or will be in violation of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof is prohibited or limited by, conflicts with or results in a breach of the terms, conditions or provisions of the certificate of formation, partnership agreement or operating agreement of the Developer or any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) There is no action, suit, investigation or proceeding now pending or, to the knowledge of the Developer, threatened against or affecting the Developer or its business, operations, properties or condition (financial or otherwise) before or by any governmental department, commission, board, authority or agency, or any court, arbitrator, mediator or grand jury, that could, individually or in the aggregate, materially and adversely affect the ability of the Developer to complete the Project. (g) The Developer acknowledges and agrees that the sole source of funds for reimbursing the Developer under this Agreement is Tax Increment and/or proceeds of the Bonds, which would be paid from Tax Increment. The Developer further acknowledges and agrees the amount and availability of Tax Increment is dependent upon a number of variables, including, without limitation, the taxable value of the Project, the number of mills levied by Taxing Bodies, and then-prevailing state laws regarding tax increment financing generally, property taxation, and computation of Tax Increment. The Developer agrees that if Tax Increment in the amount of $3,666,396 is not available to the City to reimburse the Developer and/or, if the City, in its sole discretion, determines that it cannot satisfy the conditions in the Original Resolution to sell the Bonds or cannot reasonably sell the Bonds, whether due to lack of Tax Increment, legislative action, market conditions, or otherwise, the City shall have no obligation to pay to the Developer the amount of reimbursement described in Section 4. The Developer agrees that such event shall not constitute a default by the City hereunder. (h) The Developer acknowledges and agrees that the Bonds, if authorized and issued, are special, limited obligations of the City and shall not be paid from any funds of the City other than Tax Increment. The Developer understands and agrees the Bonds, if authorized and issued, will be subject to all the terms and conditions of the Original Resolution and the supplemental bond resolution authorizing their issuance (the Original Resolution, as supplemented by such supplemental bond resolution, the “Bond Resolution”). The Developer acknowledges and agrees that an event of default or default under the Bonds or the Bond Resolution does not constitute a 217 7 default under this Agreement, unless the event of default or default is a result of the failure by the Developer to perform an obligation of the Developer identified in the Bond Resolution. Section 3. Developer Undertakings. 3.1. Construction and Maintenance of Project. The Developer hereby agrees and commits to the City that it will diligently prosecute to completion the construction of the Project in accordance with this Agreement, the site plan submitted to the City and all applicable federal, State and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Project, including applicable Land Use Regulations and Environmental Laws and Regulations. The Developer’s projected costs of the Project are shown on Exhibit A hereto. The Developer has the financial capacity to complete the Project, and the Developer agrees to pay all costs thereof. If there is an increase in the costs of the Project from that shown on Exhibit A hereto that cannot be covered by the contingency amount and is greater than 10% of the total projected development cost, the Developer shall notify the City of the increase and submit additional evidence in a form acceptable to the City that the Developer has the financial capacity to cover such additional costs and complete the Project. At all times during the term of this Agreement, the Developer will operate and maintain, preserve and keep the Project or cause the Project to be operated, maintained, preserved and kept for the purposes for which it was constructed, and with the appurtenances and every part and parcel thereof in good repair and condition. Upon twenty-four (24) hours prior written notice, the Developer agrees to permit the City and any of its officers, employees or agents access to the Land for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work. 3.2. Preparation, Review and Approval of Construction Plans. In connection with the Project, the Developer, at its sole expense, shall prepare and submit construction plans, drawings, and related documents for each portion of the Project to the appropriate City officials for architectural, engineering or land use review and written approval or permits. The Developer acknowledges that no review or approval by City officials hereunder may be in any way construed by the Developer to replace, override or be in lieu of any required review, inspection, or approval by the City Planning Division or any other building construction official review or approvals required by any State laws or local ordinances or regulations. Nothing contained in this Agreement indicates or evidences that the City has approved or will approve the Project or any portion thereof. This Agreement does not affect or limit the City’s regulatory powers with regard to the Project, including, without limitation, those relating to building permits or other permits or the payment of fees. As further described in Section 7.1, the City shall have no liability and the Developer shall hold the City harmless with respect to any increases in costs of the Project related to or arising out of delays resulting from the City’s regulatory actions or approvals. 3.3. Construction of the Infrastructure Improvements. The Developer shall acquire, install, construct or otherwise provide the Infrastructure Improvements. The Developer acknowledges and agrees that the City is not responsible for acquiring, installing, constructing or otherwise providing the Infrastructure Improvements. The estimated costs of the Infrastructure Improvements, which form a part of the Eligible Costs, are shown on Exhibit C hereto. 218 8 3.4. Milestones of the Project. Certain steps in the development of the Project are listed on Exhibit D attached hereto (collectively, the “Milestones”; each a “Milestone”), together with the dates by which the Developer is obligated to complete the Milestones (collectively, the “Milestone Dates”; each as it relates to a particular Milestone, the “Milestone Date”). The Developer acknowledges and agrees that the City in reserving or offering to make available Tax Increment to pay or reimburse the Developer for the Eligible Costs necessarily means that certain Tax Increment is not available to pay or reimburse other undertakings or costs for the benefit of the District and that the City reasonably expects additional Tax Increment as a result of completion of the Project. The Developer acknowledges and agrees that conditioning the availability of Tax Increment or proceeds of Bonds to pay or reimburse the Developer for the Eligible Costs on completion or satisfaction of the Milestones by the corresponding Milestone Dates is reasonable. If the Developer is unable to complete or satisfy a Milestone by the corresponding Milestone Date, the Developer shall make a formal written request to the Director of Economic Development, with appropriate supporting material, to extend the Milestone Date and, as appropriate, subsequent Milestone Dates. The Director of Economic Development may, in his or her sole discretion, (i) determine whether such extension is appropriate and, if so, fix a new and superseding Milestone Date and also adjust other subsequent Milestone Dates, along with any other terms or conditions, or (ii) refer the request to the City Commission to either approve the extension and adjust other Milestone Dates, as appropriate, or, in its sole discretion, terminate this Agreement, in which case the City will have no obligation to reimburse or pay the Developer hereunder. 3.5. Prevailing Wage Rates; Competitive Bidding. The Developer understands that the City is obligated to follow certain laws with respect to the expenditure of public funds, which includes Tax Increment. The Developer agrees to comply with laws that govern City contracting obligations, including public procurement laws relating to all of the Infrastructure Improvements, such as, without limitation, laws and rules regarding prevailing wage and solicitation of work on a competitive basis. Without limitation of the foregoing, the Developer agrees that in the awarding of contracts for the Infrastructure Improvements (i) it will, and it will cause its contractor to, competitively bid contracts for each component of the Infrastructure Improvements, and (ii) through its contract with its contractor, it will, in addition to the requirements of Sections 3.9 and 3.10, require its contractor to, pay the Prevailing Wage Rates on such contracts related to the Infrastructure Improvements. The Developer will provide to the City all documentation requested to verify the compliance of the Developer and its contractor with the foregoing requirements. Failure of the Developer or its contractor to competitively bid contracts for each component of the Infrastructure Improvements or to require contracts entered into directly with contractors or sub-contractors to include provisions requiring the contractor or sub-contractor to pay the Prevailing Wage Rates on the work related to the Infrastructure Improvements will be considered a breach of this Agreement and the City will be entitled, at its discretion and without obligation, to exercise any and all measures to assure compliance and retroactive compensation plus interest to workers not paid in accordance with this Agreement, and recovery of any penalty or fine assessed by the State attributed to any failure to pay the Prevailing Wage Rates. Additionally, the Developer acknowledges that a violation of these requirements may, in the City’s sole discretion, cause the Infrastructure Improvements to be ineligible for the application 219 9 of Tax Increment, in which case the City will have no obligation to reimburse or pay the Developer hereunder. 3.6. Utilities. The Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. The Developer at its own expense shall replace any public facilities or utilities damaged during the Project by the Developer or its agents or by others acting on behalf of or under their direction or control of the Developer. 3.7. Permits and Compliance With Laws. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the acquisition and construction of the Project, including the Infrastructure Improvements. Without limiting the foregoing, the Developer will request and seek to obtain from the City or other appropriate governmental authority all necessary land use, zoning, and building permits. The Developer will comply in all material respects with all Environmental Laws and Regulations applicable to the construction, acquisition, and operation of the Project, including the Infrastructure Improvements, will obtain any and all necessary environmental reviews, licenses or clearances under, and will comply in all material respects with, Environmental Laws and Regulations. In addition, the Developer shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances related to worker safety including but not limited to the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, and the Americans with Disabilities Act. 3.8. Easements. To the extent that the Infrastructure Improvements are to be located on the Land, the Developer hereby agrees to grant to the City and applicable utility companies from time to time such easements, rights-of-way and similar licenses in a form required by the City and as are reasonably necessary to permit the City to own, operate and maintain the Infrastructure Improvements. 3.9. Nondiscrimination and Equal Pay Affirmation. The Developer agrees to require its contractor(s) to be in compliance with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Project, including the Infrastructure Improvements. The Developer agrees that in its contracts with its contractors the Developer’s contractor will be required to require its subcontractors to comply with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Project. The Developer agrees to provide copies of all such contracts upon request by the City. 3.10. Worker’s Compensation Insurance. The Developer shall provide in its construction contracts related to the Project with all of its respective contractors that such contractors are to be covered by a Worker’s Compensation insurance program with the State, a private insurance carrier, or an approved self-insurance plan in accordance with State law. 220 10 3.11. Cooperation with City and DOR. The Developer agrees to provide to the City and, as requested, the DOR information that may be required by the City and/or the DOR to determine, or make reasonable projections regarding, the amount and timing of receipt of Tax Increment resulting from the Project. Such information may include, but is not limited to timing of construction and estimated completion dates of all or portions of the Project, costs of construction, materials used in construction, uses of the Project or any portion thereof, allocations of uses to spaces and square feet of spaces included in the Project, and any other information that may be relevant. The Developer understands and agrees that the City will rely on such information from the Developer in making determinations regarding the amount of Tax Increment resulting from the Project that may be available and the timing of the availability of Tax Increment resulting from the Project, and that such information may be a critical factor in the City’s determination regarding whether to issue and the sizing and other features of the Bonds. 3.12. Project Fees and Charges. The Developer reasonably expects that it will capitalize the Project Fees and Charges (if any) into the costs of the Project, and treat such fees and charges as capital expenditures. Section 4. City Undertakings. Subject to satisfaction of all conditions in Section 5 below, and solely from Tax Increment on hand or proceeds of the Bonds, the City agrees to reimburse the Developer for, or, as applicable, pay the Eligible Costs in an amount not to exceed $3,666,396. The Parties acknowledge and agree that, subject to the terms and conditions of this Agreement, (i) the actual sum of all Eligible Costs may exceed $3,666,396, but $3,666,396 is the maximum amount that the City will reimburse the Developer for Eligible Costs; and (ii) if the actual sum of all Eligible Costs exceeds $3,666,396, the City has discretion to allocate the reimbursable amount among the Eligible Costs as it sees fit. To the extent any category of Eligible Costs comes in under the amount set forth in the estimated budget attached as Exhibit C and another category of Eligible Costs comes in over the amount set forth in the estimated budget attached as Exhibit C, the costs to be reimbursed may be shifted from one category of Eligible Costs to another, up to a maximum amount of $3,666,396. The City may issue the Bonds in its sole discretion to pay or reimburse all or a portion of the Eligible Costs to be paid or reimbursed. The Bonds, if authorized and issued, will have such terms and conditions as are approved by the City Commission. This Agreement does not require or imply that the City has any obligation to issue the Bonds. Section 5. Reimbursement for the Eligible Costs. The City’s reimbursement of the Developer for Eligible Costs shall be subject to the following conditions and in accordance with the following procedures: 5.1. Conditions to Reimbursement. (a) (i) The Developer must have completed or satisfied each of the Milestones by the applicable Milestone Date, as such date may have been extended pursuant to Section 3.4 hereof, (ii) the City must have issued a certificate of occupancy for the Project, (iii) the Infrastructure Improvements must have been completed in their entirety and the City must have delivered to the Developer written acceptance of the Infrastructure Improvements (which may be in the form of a Certificate of Completion or such other format as required by the City), and (iv) the 221 11 Developer must demonstrate to the City’s satisfaction, by a title report or other means acceptable to the City, that the Infrastructure Improvements are free of financial liens and any encumbrances affecting the Infrastructure Improvements must be acceptable to the City. (b) Reserved. (c) Reimbursement by the City for costs of the Infrastructure Improvements must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Infrastructure Improvements. The City will notify the Developer of any rejected invoice and the reason it was rejected. (d) The Parties agree that the City will have no obligation to pay or reimburse any of the Eligible Costs unless at the time of such request (i) all of the Developer’s representations as set forth in Section 2.2 are true and correct, (ii) the Developer is not in breach of any covenant or undertaking as set forth in Section 3, and (iii) unless and to the extent the City issues the Bonds, there shall be adequate Tax Increment on hand to reimburse the Developer and satisfy all other financial obligations related to the District (including obligations related to the Series 2017 Bond and the debt service reserve account for the Series 2017 Bond). (e) If some or all of the Eligible Costs are to be paid with the proceeds of the Bonds, the City shall have determined, in its sole discretion, but with the cooperation of the Developer, that the Tax Increment is sufficient to pay the debt service on the Bonds as and when due and, as applicable, to satisfy other requirements under the Bond Resolution, such as funding an adequate reserve, meeting applicable debt service coverage requirements, and paying costs of issuance, and to satisfy all other financial obligations related to the District. The Developer understands and agrees the City shall have no obligation to and may not issue the Bonds if the City is unable to find and determine that the Tax Increment is sufficient to pay the Bonds timely, to satisfy the requirements of the Bond Resolution, and to satisfy all other financial obligations related to the District. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay or reimburse any of the Eligible Costs and the City’s determination to refrain from paying or reimbursing, or its inability to pay or reimburse, any of the Eligible Costs shall not be or result in a default of this Agreement. 5.2. Process for Payment or Reimbursement; Developer Option to Terminate. Subject to the provisions of subsection (d) of this Section 5.2, the process for payment or reimbursement of the Developer is as follows: (a) By the date that is 90 days before the date the Developer estimates the Project will be first placed in service (which may occur prior to the applicable Milestone Date for such Milestone set forth in Exhibit A), the Developer shall notify the City in writing of the components of the Project remaining to be completed before it expects the City will issue the certificate of occupancy for the Project. The Developer shall provide a further update to the City when it reasonably expects that the Project will be placed in service in roughly 30 days. 222 12 (b) After receiving a certificate of occupancy for the Project, the Developer shall provide to the City a signed request for reimbursement substantially in a form attached as Exhibit E hereto and acceptable to the City, accompanied by the invoices and lien waivers from the contractors or subcontractors performing or that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with this Agreement. (c) The parties acknowledge that the City expects to issue the Bonds to reimburse the Developer, and that the full taxable value of the Project will be necessary to support the issuance of the Bonds in an amount sufficient to reimburse the Developer for the Eligible Costs in an amount not to exceed $3,666,396. Following receipt by the City of the Developer’s request for reimbursement, the City will make good faith efforts to sell the Bonds, and the parties acknowledge that selling the Bonds may require receipt by the City of certified taxable values for the District that include the full taxable value of the completed Project. The Developer acknowledges that the District has outstanding obligations related to other projects that are payable from Tax Increment, in addition to those requirements relating to the Series 2017 Bond under the Original Resolution. If the City determines that the Tax Increment is not sufficient to reimburse the Developer in the amount of $3,666,396, the City will notify the Developer in writing, and will notify the Developer of the principal amount of Bonds that the City expects to be able to issue and the amount that the Developer would be reimbursed from such issuance. The parties acknowledge and agree that the City’s intention is to reimburse the Developer for Eligible Costs in an amount not to exceed $3,666,396, or, if reimbursing the Developer in the amount of $3,666,396 is not reasonably possible, to reimburse the Developer in such lesser amount as the City determines, in its sole discretion, is reasonably possible (taking into account the requirements of the Original Resolution and the other Tax Increment obligations of the District). If for any reason the Bonds are not marketable, including in a lesser amount, the City shall inform the Developer in writing and this Agreement shall thereupon terminate and neither Party will have any further rights or obligations hereunder, except as set forth in those provisions that expressly survive termination of this Agreement. (d) Alternatively, the Developer may terminate this Agreement by written notice to the City at any time prior to providing the City with a signed request for reimbursement as described under Section 5.2(b) above. Section 6. Sources of Repayment; Covenants to Pay Taxes. 6.1. Taxes. The Developer shall pay or cause to be paid when due and prior to the imposition of penalty all Taxes and all installments of any special assessments payable with respect to the Land and the Project and any improvements thereto or extension thereof. 6.2. Maintenance of Land and Project. The Developer agrees to use its commercially reasonable best efforts to maintain and operate the Land and the Project so as to be able at all times to pay promptly and when due all property taxes levied with respect to the Land and the Project; provided that, once accepted by the City, the Infrastructure Improvements shall be maintained by the City. 223 13 6.3. Injunction; Specific Performance. The Parties agree that, in the event of a breach of this Section 6 by the Developer or its successors or assigns, the City would suffer irreparable harm. Therefore, in the event the Developer or its successors or assigns fails to comply with the provisions of this Section 6, the Developer agrees that the City may pursue any remedy at law or in equity, including the remedies of injunction and specific performance. Section 7. Indemnification and Insurance. 7.1. Indemnification. The Developer releases the City and all City Commission members, board members, officers, agents, servants and employees of the City (the “Indemnified Parties”) from, and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any loss, damage, cost (including reasonable attorneys’ fees), claim, demand, suit, action or other proceeding whatsoever (i) arising or purportedly arising out of, or resulting or purportedly resulting from, the acquisition and construction of the Project, including the Infrastructure Improvements, any violation by the Developer of any agreement, condition or covenant of this Agreement, the ownership, maintenance and operation of the Project, or the presence on any portion of the Land, of any dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii) which is proximately caused by the Developer or its officers, agents, contractors, consultants or employees. 7.2. Insurance. Developer shall keep and maintain the Project at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Project, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: 1. fire 2. extended coverage perils 3. vandalism and malicious mischief 4. boiler explosion (but only if steam boilers are present) 5. collapse on a replacement cost basis in an amount equivalent to the Full Insurable Value thereof. “Full Insurable Value” shall include the actual replacement cost of the Project, exclusive of foundations and footings, without deduction for architectural, engineering, legal or administrative fees or for depreciation. The policies required by this Section 7.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and must contain a deductibility provision not exceeding $100,000. Subject to the terms of any mortgage relating to the Project, policies of insurance required by this Section 7.2 shall insure and be payable to Developer, and shall provide for release of insurance proceeds to Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, Developer is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. 224 14 During construction of the Project, any and all of the foregoing insurance policies may be maintained by the Developer’s contractor; provided that once the Project is placed into service, Developer shall maintain all of the foregoing insurance policies. In addition, as a condition to placing the Project in service, the City may require that the Developer or owner of the Project obtain additional insurance that would protect the City or the City’s interest in the Infrastructure Improvements. In addition to and independent of the above, the Developer shall at the Developer’s expense secure liability insurance through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana. The insurance shall not contain any exclusion for liabilities specifically assumed by the Developer 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 in relation to construction of the Project and the Infrastructure Improvements without limit and without regard to the cause therefore. The Developer must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The above amounts shall be exclusive of defense costs. The City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Developer commencing work on Project or Infrastructure Improvements. Developer must notify the City within two (2) business days of Developer’s receipt of notice that any required insurance coverage will be terminated or Developer’s decision to terminate any required insurance coverage for any reason. Section 8. General Provisions. 8.1. Conflicts of Interest; City’s Representatives Not Individually Liable. The Developer represents that it does not employ, retain, or contract with an officer or employee of the City and that no member, officer or employee of the City has a personal or financial interest, direct or indirect, in this Agreement or in the Project, or a financial interest in the Infrastructure Improvements. No member, officer or employee of the City shall be personally liable to Developer in the event of any default under or breach of this Agreement by the City, or for any amount that may become due to Developer for any obligation issued under or arising from the terms of this Agreement. 8.2. Rights Cumulative. The rights and remedies of the Parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any Party hereto of any one or more of such remedies shall not preclude the exercise by such Party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the Party subject to the limitation of remedies provided herein. No waiver made by such Party with respect to the performance or the manner 225 15 or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other Party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the Party making the waiver of any obligations of the other Party. Delay by a Party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. 8.3. Term of Agreement. This Agreement shall remain in effect until the date that it terminates or is terminated by the City, as follows: (a) If payment or reimbursement of Eligible Costs is made directly from Tax Increment and not proceeds of Bonds, this Agreement will terminate on the date that is 10 days after the date the City makes the final payment or reimbursement of Eligible Costs to the Developer hereunder. (b) If the City issues Bonds, this Agreement will remain in effect until the final maturity or payment date of the Bonds or such earlier date that the Bonds are prepaid in full, discharged, and no longer outstanding. (c) This Agreement may be terminated by the City in its sole discretion on a date earlier than described in (a) or (b) above at any time after failure by the Developer to complete or satisfy a Milestone by the applicable Milestone Payment Date. (d) If the City has determined Tax Increment is insufficient under Section 5.2(c) above, this Agreement shall terminate in the manner and on the date described in Section 5.2(c) above. (e) Prior to submitting a request for reimbursement, the Developer may terminate this Agreement in the manner described in Section 5.2(d) above. (f) Notwithstanding the foregoing provisions of this Section, Sections 6, 7, and 8 of this Agreement shall in all events survive the termination of this Agreement. 8.4. Limitation on City Liability. No agreements or provisions contained in this Agreement nor any agreement, covenant or undertaking by the City contained in any document in connection with the Project, including the Infrastructure Improvements, or the Eligible Costs shall give rise to any pecuniary liability of the City or a charge against its general credit or taxing powers, or shall obligate the City financially in any way except with respect to then-available Tax Increment. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charge except to the extent that the same can be paid or recovered from then-available Tax Increment; and no execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the City (except as such constitute then-available Tax Increment). Nothing herein shall preclude a proper party in interest from seeking and obtaining specific performance against the City for any failure to comply with any term, condition, covenant or agreement herein; provided that no costs, expenses or other monetary relief shall be recoverable from the City 226 16 except as may be payable from the Tax Increment. This Agreement shall not constitute or be construed to give rise to a debt of the City. 8.5. Assignment. This Agreement is unique between the City and Developer and no Party may assign any rights or privileges, or delegate any duties or obligations under this Agreement, without first obtaining the written consent of the other Party. Notwithstanding the foregoing, the Developer may assign this Agreement and its rights and responsibilities hereunder to a special purpose entity formed by the Developer to own the Project. Developer shall provide notice of any assignment to the City. 8.6. Successors Bound By Agreement; No Third Party Beneficiary; No Property Interest. Subject to compliance with Section 8.5, this Agreement will inure to the benefit of and be binding upon the Parties to this Agreement and their respective successors in interest and permitted assignees. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. This Agreement, by itself, does not create or give rise to a property interest in the Land or the Project. 8.7. Prior Agreements. This Agreement supersedes, merges and voids any and all prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. The Parties waive and release each other from any claims, actions, or causes of action that relate in any manner to any prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. 8.8. Entire Agreement. This Agreement, including any exhibits and attachments hereto, embodies the entire agreement and understanding of the Parties with respect to its subject matter. All Parties shall be prohibited from offering into evidence in any arbitration or civil action any terms, conditions, understandings, warranties, statements or representations, whether oral or written, with respect to the subject matter of this Agreement and that are not contained in this Agreement. 8.9. Amendments, Changes and Modifications. This Agreement may be amended and any of its terms may be modified only by written amendment authorized and signed by the Parties hereto. 8.10. Headings. The headings of articles and sections in this Agreement are inserted for convenience of reference only and do not limit or amplify the terms and provisions of the Agreement in any manner. The headings will be ignored and will not affect the construction of any provisions of this Agreement. 8.11. Notice. Any formal notice, demand or communication required or permitted by the terms of this Agreement to be given to the City or Developer will be in writing and will be delivered to such Party either: (i) by personal hand-delivery; or (ii) by depositing the same in the United States mail, certified mail with return receipt requested, addressed to such Party at the address named below, with postage prepaid thereon. Notice will be deemed complete upon receipt of the notice pursuant to any of the foregoing methods of notice. 227 17 If to City: City of Bozeman Attention: Bozeman City Manager 121 N. Rouse Ave. P.O. Box 1230 Bozeman, MT 59771 If to Developer: Jackadoo, LP Attention: Scott Baldesare 200 Laurel Avenue Highland Park, IL 60035 The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. 8.12. Severability. If any provision of this Agreement is declared void or held invalid, such provision will be deemed severed from this Agreement and the remaining provisions of this Agreement will otherwise remain in full force and effect. 8.13. Duplicate Originals or Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 8.14. Place of Performance. The place of performance of this Agreement will be in the City of Bozeman, Gallatin County, Montana. 8.15. Governing Law. This agreement and the legal relations between the Parties hereto will be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice of law statutes, rules, or principles. 8.16. 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 acceptable to the Parties 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 and the provisions of this Agreement. 8.17. Further Assurances and Corrective Instruments. The Parties agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required 228 18 for correcting any inadequate or incorrect description of the Project, including the Infrastructure Improvements, or the Eligible Costs or for carrying out the expressed intention of this Agreement. 8.18. Reports/Accountability/Public Information. The Developer agrees to develop and/or provide documentation as requested by the City demonstrating the Developer’s compliance with the requirements of this Agreement. The Developer 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 monies reimbursed to Developer pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Developer shall not issue any statements, releases or information for public dissemination regarding this Agreement or the work contemplated hereunder without prior written approval of the City. [Balance of page intentionally left blank] 229 19 IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement to be executed as of the [_____] day of [___________]. CITY OF BOZEMAN, MONTANA By: _______________________________________ Printed Name: Chuck Winn Title: City Manager [Signature Page to Development Agreement] 230 20 JACKADOO, LP By: Name: Title: [Signature Page to Development Agreement] 231 A-1 EXHIBIT A PROJECT COSTS 232 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE LAND Lot 17A in Block 104 of the Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana, according to the official plat thereon on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat Reference: C-23-A54] 233 C-1 EXHIBIT C ELIGIBLE COSTS Demolition and Site Preparation $747,336 Offsite improvements, including improving road surfaces, sidewalks, curbs, gutters and stormwater systems, critical updates to water and sewer infrastructure, and updating traffic patterns for better flow and safety on Front Street, East Aspen Street and North Ida Avenue; and related improvements $2,919,060 Total: $3,666,396 The Parties acknowledge and agree that, subject to the terms and conditions of this Agreement, (i) the actual sum of all Eligible Costs may exceed $3,666,396, but $3,666,396 is the maximum amount that the City will reimburse the Developer for Eligible Costs; and (ii) if the actual sum of all Eligible Costs exceeds $3,666,396, the City has discretion to allocate the reimbursable amount among the Eligible Costs. To the extent any category of Eligible Costs comes in under the amount set forth in the estimated budget and another category of Eligible Costs comes in over the amount set forth in the estimated budget, the costs to be reimbursed may be shifted from one category of Eligible Costs to another, up to a maximum amount of $3,666,396. 234 D-1 EXHIBIT D MILESTONES MILESTONE MILESTONE DATE Site Plan Submittal to the City Development Building Permit Submittal Start of Development Construction Start of Infrastructure Construction Completion of Infrastructure Substantial Construction Completion of Development Construction (occupancy) 235 E-1 EXHIBIT E FORM OF DEVELOPER CERTIFICATE TO: City of Bozeman, Montana FROM: Jackadoo, LP (the “Developer”) SUBJECT: Reimbursement for Eligible Costs This Developer Certificate requests $_________ for reimbursement of Eligible Costs, as defined in the Development Agreement between Jackadoo, LP and the City of Bozeman, Montana, dated as of [_________] (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement. Pursuant to Section 5.2(b) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that: (a) the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;” (b) invoices paid by the Developer corresponding to the expenditures set forth on the attached Project Expenditures Schedule are appended to the attached schedule headed “Project Invoices;” (c) the amounts for which reimbursement is requested have been paid by the Developer to the City for Project Fees and Charges or to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Infrastructure Improvements; (d) with respect to the Infrastructure Improvements, the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Infrastructure Improvements were paid the Montana prevailing wage for such work; (e) no part of the several amounts requested to be paid, as stated in such certificate, has been or is the basis for the payment of any money in any previous request; (f) the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and (g) no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested. 236 E-2 The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof. Dated: _____________, 20__ Jackadoo, LP By: Authorized Developer Representative 237 F-1 EXHIBIT F 238 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Conduct a Public Hearing and Having Considered Public Testimony, Move to Approve a Commission Resolution 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 MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Having conducted a public hearing and considered written and spoken public testimony, I hereby move to approve the Commission Resolution 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. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City has received calls 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. 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. In Valley West Subdivision – Phase 3A, 3B, 3C and 3D: five lots currently do not have sidewalks. In the Lakes at Valley West Subdivision Phase 3: one lot currently does not have sidewalk. On June 10th a Resolution of Intent was passed by the City Commission, indicating that it is the City’s intention to order the installation of sidewalks along certain streets as specified in the resolution, and to authorize that notice is given to affected property owners. The attached commission resolution will order that these sidewalk be installed as specified in the Resolution. 239 UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission. 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. The total cost of the work is estimated at $67,600. The cost of sidewalk installations would be borne by the adjoining property owners. If sidewalk installations need to be completed by a city contractor, staff time will be needed for contract administration and subsequent billing activities. Attachments: Resolution of Creation - Sidewalk Installation.docx Resolution 2025-23 signed.pdf Report compiled on: June 10, 2025 240 Page 1 of 3 COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN OF 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 City Commission did, on the 10th day of June 2025 adopt a resolution, stating its intent to order in sidewalks along specified streets within the City of Bozeman; and WHEREAS, the City Commission did, after due and legal notice, on the 15th day of July 2025, conduct a public hearing on its intent to order in sidewalks. 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, and Section 34.04.50, Bozeman Municipal Code, and to protect the public interest and safety of the pedestrians of the City of Bozeman, sidewalks are hereby ordered to be installed adjacent to the following properties: 1. Lot 161, Valley West Subdivision – Phase 3A 241 Resolution , (Valley West – Phases 3A, 3B, 3C, 3D & The Lakes Phase 3 Sidewalks) Page 2 of 3 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, pursuant to Section 7-14-4109(3), written notice was mailed to every owner or agent of the owner, and to any purchaser under contract for deed of such property, notifying them that the owner is required to construct a City-standard sidewalk in front of their lot or parcel of land and, if they fail or neglect to install said sidewalk by November 30, 2025, or within thirty (30) days of the date of the written notice, whichever is the latter, the City may construct or cause to be constructed the sidewalk and will assess them the cost thereof, including engineering costs and costs enumerated in Sections7-12-4121 and 7-12-4169, Montana Code Annotated, against the property in front of which the sidewalk was constructed. Section 3 That the City Clerk shall enter this resolution upon the minutes of the City Commission. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of July, 2025. ___________________________________ Terry Cunningham Mayor ATTEST: ________________________________________ Mike Maas City Clerk 242 Resolution , (Valley West – Phases 3A, 3B, 3C, 3D & The Lakes Phase 3 Sidewalks) Page 3 of 3 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 243 Page 1 of 3 RESOLUTION 2025-23 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 244355 Page 2 of 3 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, 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 245356 Page 3 of 3 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 246357 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: RESOLUTION 2025-23 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. Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 247358 _________________________ Mike Maas City Clerk P.O. Box 1230 Bozeman, MT 59771 (406) 582-2320 Legal Ad Publish: June 14, 2025 June 21, 2025 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 248359 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 249360 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 250361 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 251362 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 252363 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 253364 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 Missing Sidewalk Location Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 254365 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 255366 Certificate Of Completion Envelope Id: 40A1462B-8DD3-4662-8C01-E9E16447C165 Status: Completed Subject: Complete with Docusign: G.9 Res 2025-23 of Intent to Order Sidewalks Valley West and The Lakes.pdf Source Envelope: Document Pages: 12 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 2 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 208.94.236.100 Record Tracking Status: Original 6/10/2025 3:08:32 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.231.86.245 Signed using mobile Sent: 6/10/2025 6:30:07 PM Viewed: 6/10/2025 9:47:21 PM Signed: 6/10/2025 9:48:08 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 6/10/2025 9:48:09 PM Viewed: 6/11/2025 8:26:56 AM Signed: 6/11/2025 8:27:11 AM Electronic Record and Signature Disclosure: Accepted: 6/11/2025 8:26:56 AM ID: 482ab1e8-a8c2-45e9-afb5-8e54fc8625bc Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.100 Sent: 6/11/2025 8:27:12 AM Viewed: 6/11/2025 9:01:59 AM Signed: 6/11/2025 9:05:29 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp 256367 Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kellen Gamradt kgamradt@bozeman.net COB Engineer II Security Level: Email, Account Authentication (None) Sent: 6/11/2025 9:05:31 AM Viewed: 6/12/2025 7:51:59 AM Electronic Record and Signature Disclosure: Accepted: 2/3/2020 8:16:58 AM ID: f6481adb-a8df-4324-8a7b-21bc2f5e4b0d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/10/2025 6:30:07 PM Envelope Updated Security Checked 6/11/2025 9:05:09 AM Certified Delivered Security Checked 6/11/2025 9:01:59 AM Signing Complete Security Checked 6/11/2025 9:05:29 AM Completed Security Checked 6/11/2025 9:05:31 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 257368 CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you. 260371 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Approval of Public Engagement Plan for the Bozeman Community Plan Technical Compliance Update MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Consider the Motion: I move to approve the proposed Engagement Plan for the Bozeman Community Plan Technical Compliance Update. 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 of Bozeman has authority to conduct land use planning within the authority and parameters established by the state legislature. In 2023, the Legislature adopted Title 76, Chapter 25, MCA, [external link] the Montana Land Use Planning Act (MLUPA). This new act replaces the prior planning enabling legislation. Attached is the new law section that describes requirements for public engagement. The City is required to update its land use plan and implementing regulations to comply with the new law. The new law requires inclusion of a wide range of data on many topics. Much of this information exists in already adopted city plans or from others such as School District 7 and the Montana State Library. The new law explicitly authorizes reliance on these existing sources. Preparation of a full update for a land use plan takes 2-3 years. The state has established a deadline for the City to complete its initial compliance to MLUPA by May 17, 2026. Compliance requires an update to the land use plan and adoption of implementing regulations by the due date. Due to the constrained time frame it is necessary to undertake a technical compliance update to revise plan wording to update statutory references and update data to include required new data. During the consideration of the Supplemental Engagement for the UDC last fall the Commission considered the limitations of schedule and concurred with this limited topic update approach. This approach has been described in various public 261 engagement events over the winter and spring. One required element of the new law is that the City Commission approve a public engagement plan prior to beginning the process to update the plan. This action item meets that requirement. The public engagement plan is a baseline commitment and does not prevent the City from using other methods not listed in the plan. The plan sets out an anticipated schedule of activities from beginning to end of the project. It does not specify the details of outcomes or what members of the community choose to comment on. The Community Development Board reviewed the draft document on July 7, 2025. After review, they recommended approval of the plan with clarifications and additional specificity in description of the project. The attached draft includes revisions to the text responding to the Board's recommendation. UNRESOLVED ISSUES:As identified by City Commission. ALTERNATIVES:As identified by City Commission. FISCAL EFFECTS:Funds for the project have previously been budgeted. Attachments: BCP_TCU_Community Engagement Plan CC Draft.pdf 76-25-106. Public participation, MCA.pdf Report compiled on: July 8, 2025 262 Page 1 of 7 COMMUNITY ENGAGEMENT PLAN Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Project Overview Project Title: Bozeman Community Plan Technical Compliance Update - 2025 Project Leads: • Chris Saunders, project manager – Scheduling, document preparation, public presentations • Tom Roger, project member – Research, document preparation, public presentations • Erin George, Department Director C.E. Purpose/Background: The City of Bozeman conducts land use planning and regulations as authorized by the State of Montana in Title 76, MCA. The State revised the requirements for local land use planning with the adoption of the Montana Land Use Planning Act (MLUPA) in Title 76, Chapter 25, MCA. This new act replaces all prior planning enabling legislation for the City of Bozeman. The City is required to update its land use plan (formerly called a growth policy) and implementing zoning and subdivision regulations to comply with the new law. The state set a legal deadline to complete the work by May 17, 2026. The project needs to be completed in time to also adopt implementing regulations (the UDC update) by the same deadline. Additional information beyond that required for growth policies must be included in the land use plan and public engagement must be completed. The new law requires inclusion of a wide range of data on many topics. Much of this information exists in already adopted city plans, or from others such as School District 7 and the Montana State Library. The new law explicitly authorizes reliance on these existing sources. Preparation of a full update for a land use plan typically takes 2-3 years. Due to the constrained time frame with the May 17, 2026 MLUPA compliance deadline, it is necessary to undertake a limited “technical compliance” update to revise plan wording to update statutory references and update information to include required new data. The City Commission considered the restricted time element in their consideration of the supplemental engagement plan and schedule for the UDC update last fall and concurred with this approach. One required element of the new law is that the City Commission approve a public engagement plan prior to beginning the process to update the plan. This public engagement process will enable the public to: • See how the city has addressed the state required materials and be able to access that information; • Offer comments on whether additional information should be included to address required topics; • Review the revised draft land use plan incorporating the new state law requirements; and 263 Page 2 of 7 • Offer input on when a more comprehensive review of the land use plan should be completed. The required information to be addressed by a land use plan is very broad in scope. Many topic areas are already the subject of specific plans, reports, or other resources of which the public may not be aware. Key Terms: • Enabling acts – the state laws that authorize the City to regulate development and use of land. • Land Use Plan – the document required in Title 76, Chapter 25 MCA and containing all necessary data directly or by reference to issue plans and supporting information. • Future Land Use Map (FLUM) – A map showing at a low level of detail the existing and expected future pattern of land uses (e.g. residential or commercial) for the defined planning area. • Planning Commission – the state required advisory body to review and recommend on the adoption of the land use plan to the City Commission. The City of Bozeman Community Development Board is the designated planning commission for Bozeman. • Public comment – any opportunity in writing or orally to contribute to the decision-making process. • Public hearing – a formal agenda action meeting state law requirements for public participation making prior to a final decision. • Montana Land Use Planning Act (MLUPA) – Title 76, Chapter 25 of Montana Code Annotated. The state law that sets requirements for planning, zoning, and subdivision in MT. Key Partners: Internal • City Commission (Decision maker) • City Manager • Communications Division • Community Development Staff • Legal Staff Advisory Boards • Community Development Board (recommending body) External • General public • InterNeighborhood Council Defined Decision Making Decision making is at the core of how we plan for community engagement. Clarity on what decision will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Project teams consider which decisions are already made, and which decisions can be made more able to be sustained over time by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. The following describes this process: 264 Page 3 of 7 1. At what stage(s) in the decision-making process is the public being asked to participate (see graphic above)? The state has primarily identified the required subject matter and type of information to be provided, determined the required content to be included, and established decision criteria.. The city’s intention is to rely on existing documentation that has been publicly reviewed already, when applicable, to avoid duplication and maintain consistency. Not all data is assembled or controlled by the City. That information, such as enrollment data for schools, will be made available through the process but cannot be edited by the City. Decision criteria have been established by state law. Direction to date for this project from the City Commission is to complete technical compliance with revised statute. This will involve some modification and updating to the text of the Bozeman Community Plan 2020 to address revised state law requirements for land use plan content but probably not material changes to the future land use map. Public will be able to participate in determination and comparisons of alternative text during review of the draft document. Public engagement will occur through information sessions and public hearings before Community Development Board and City Commission. A variety of outreach tools will be used to make the community aware of the project so they can participate. 2. What decision(s) needs to be made? What decisions have already been made? See description in question #1 above. Many decisions on content are already set by state. Primary decision is whether the collected information presented through the land use plan meets the requirements of state law for a land use plan. Secondary decisions are whether to change proposed wording and to what degree. 3. Who is the final decision maker? Does this engagement plan require formal Commission approval? 265 Page 4 of 7 The Community Development Board must provide a recommendation to the City Commission. The final decision to adopt the land use plan text and map and with what content is made by the City Commission. Decision action is memorialized by the approval of the Resolution adopting the document. This engagement plan must be approved by the City Commission. 4. Who will be most impacted by this decision/project/policy? a. Who may benefit, who may be burdended? i. Staff, advisory boards, and commission will be benefitted with an updated and legally sound land use plan to administer that conforms to state requirements. ii. Design and development community will benefit with a reliable and legally sound land use plan to implement. iii. Broad community benefit will come from a legally compliant land use plan upon which to base implementing regulations, provide a single consolidated source of data on a wide range of topics, and removal of outdated procedural information that could lead to misunderstanding. b. What are the potential unintended consequences? i. Due to restricted time availability the update is focused on technical compliance with the enabling act, Title 76, Chapter 25 MCA. A follow up review may be desired by elected officials to further explore non-technical compliance topics. A full plan update usually takes 2-3 years and the time and financial commitment impacts the City’s ability to pursue other priorities. c. How will people be better off as a result of this decision/project/policy? i. Compliance with enabling acts will continue the City’s state authorization to apply zoning and subdivision regulations to address subjects of concern for the community. 5. What is the timeline for this decision/project/policy? a. Public engagement process begins in July with completion by a Resolution of adoption of updated plan document by end of November 2025. Final completion is at the discretion of the City Commission so long as the May 2026 deadline is met. 6. What are the communication and engagement resources available? a. City staff in Community Development and the City Manager’s Office will help identify key partners, review and disseminate key messages, information, documents, and opportunities to engage. b. The Engage Bozeman website will provide an electronic means to access documents, notices, and other related materials. Electronic access is a requirement of state law. 266 Page 5 of 7 c. Laserfiche and the comments@bozeman.net email provide an electronic method to submit written comments and have them collected and archived for review throughout the process. Laserfiche provides an archive of agendas, minutes, and packet materials. Ability to submit comments electronically is a requirement of state law. d. The City livestreams advisory board and City Commission meetings and makes a recording of each meeting available through the City’s website. This allows for later review at their convenience by members of the public or public officials and provides an exact record of oral comments by the public and discussion of items by the officials. e. Public hearings provide a method for the public to provide input and hear the discussion regarding the document and any proposed actions. f. Social and Website news postings on City’s website Level of Community Engagement: Inform and Consult. After there is clarity on the decision and how the public will participate in the decision-making process, the level of engagement is determined. The engagement spectrum outlines different levels of engagement and helps determine how the community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one- way communications will occur to provide the community with the resources and information they need to contribute effectively. 267 Page 6 of 7 The state has determined minimum content and process requirements as described on page 1. This, coupled with the state required deadline to complete the process, limits more extensive community engagement. Substantial community input on many topics relevant to the land use plan has already been gathered and documented as part of the update of the Unified Development Code. Project Timeline Timeline: July 2025 • Project Phase: Introducing the project, approval of engagement plan consistent with state requirements in 76-25-106, and conducting research and data collection • Actions: Starting Communication campaign, Commission adoption of engagement plan, research and documentation • Tools and Techniques: Comms tools including but not limited to: press releases, Engage Bozeman project page to be created, social media posts, emails to community partners, presentations to Community Development Board Timeline: August 2025 • Project Phase: Engagement period • Actions: meeting with community development board and other identified groups, soliciting feedback on Engage Bozeman, share documentation of required information per state law • Tools and Techniques: Engage Bozeman, emails and social media to share data and encourage participation, in person and online meetings to reach across community Timeline: September 2025 • Project Phase: Drafting of document and begin formal review 268 Page 7 of 7 • Actions: Reporting out on what we heard, hosting community meetings, public hearings with Community Development Board, special presentation with City Commission • Tools and Techniques: Engage Bozeman, Public notice in paper 15 business days ahead of hearing in person meetings Timeline: October- November 2025 • Project Phase: Project approval • Actions: Public hearing(s) at Commission and adoption of Resolution of adoption • Tools and Techniques: Engage Bozeman, Public notice in paper 15 business days ahead of hearing, social media and website news posts Engagement Wrap-up 1. How will it be shown what you heard from members of the public and how public input has influenced the plan? Documentation of all received written comments in Laserfiche, Minutes and recordings of public hearings stored on municipal website or network, summaries of public input topics. 2. How will the success of the engagement effort be evaluated? Maintain count of participants in meetings and submitting written comments, Engage Bozeman and other electronic methods provide analytics tools for online content use. 269 MCA Contents / TITLE 76 / CHAPTER 25 / Part 1 / 76-25-106 Public partici… Montana Code Annotated 2023 TITLE 76. LAND RESOURCES AND USE CHAPTER 25. MONTANA LAND USE PLANNING ACT Part 1. General Provisions Public Participation 76-25-106. Public participation. (1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant to this chapter. (b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum: (i) dissemination of draft documents; (ii) an opportunity for written and verbal comments; (iii) public meetings after effective notice; (iv) electronic communication regarding the process, including online access to documents, updates, and comments; and (v) an analysis of and response to public comments. (2) A local government shall document and retain all public outreach and participation performed as part of the administrative record in accordance with the retention schedule published by the secretary of state. (3) (a) A local government may decide the method for providing: (i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and (ii) notice of written comment on applications for land use permits pursuant to this chapter. (b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate. (c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update of a land use plan or regulation and shall document all comments received. (d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations. (4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local government shall emphasize that: (a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the extraction of natural resources, while acknowledging and addressing the impacts of that development on adjacent properties, the community, the natural environment, public services and facilities, and natural hazards; 270 (b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; (c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan; and (d) the scope of and opportunity for public participation and comment on site-specific development in substantial compliance with the land use plan must be limited only to those impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations. (5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section. History: En. Sec. 6, Ch. 500, L. 2023. Created by 271 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:A Resolution Establishing Intent to Negotiate a Land Exchange with NorthWestern Energy in the City's Lower Yards Property MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to Adopt a Resolution Establishing Intent to Negotiate a Land Exchange with NorthWestern Energy in the City's Lower Yards Property. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:NorthWestern Energy (NWE) is upgrading its gas transmission facility (Bozeman City Gate #1) that is located on the southeast corner of the intersection of Rouse Avenue and Griffin Drive (1812 N. Rouse Ave.). The upgrades call for expansion of Gate Station No. 1, which adjoins the Lower Yards property and fronts North Rouse Avenue. To accommodate this expansion, NWE proposes to acquire a small tract of land from the city, approximately 0.210 acres (9,147.6 square feet) in area, in exchange for a small tract of land from NWE, approximately 0.169 acres (7,361.64 feet) in area. The new tract of land will contain an above-ground valve assembly and inspection/maintenance port, known familiarly as a "pig launcher". Chapter 2, Article 8, Division 1, Bozeman Municipal Code regulates the sale of city property. In addition, Section 2.11 of the City Charter requires the City Commission to act by ordinance to convey city property. Staff has had numerous meetings regarding this proposal. We believe the NWE pipeline expansion is consistent with furthering the public interest and find the land proposed for acquisition is not necessary for the conduct of city business. The property which the city will acquire from NWE, in addition to relocating a portion of the pipeline currently traversing city property, will result in a significant opportunity to redevelop the property for the purposes of supporting city public works operations. Thus, the land exchange is in furtherance of the public interest as it provides the city a meaningful way to redevelop its property, that does not currently exist. 272 A letter from NWE further detailing their proposal is attached to this memorandum (Attachment A), along with a map exhibit depicting the proposed land exchange (Attachment B). A preliminary certificate of survey (COS) is also attached (Attachment C). Staff requests that the Commission consider the general size and location of the highlighted areas depicted on the COS in their declaratory finding with the understanding that the exact boundary of these areas is subject to minor modification upon finalization of the proposed sale and transfer. UNRESOLVED ISSUES:If the Commission votes in the affirmative to declare the proposed land area unnecessary for the conduct of city business and consistent with furthering the public interest (according to Chapter 2, Article 8, Division 1, BMC), the following items will be completed: Complete a land appraisal to determine the monetary value of new parcel areas. NWE and COB to mutually agree on appraiser with NWE covering the expense of appraisal services. Administrative Staff Action; Prepare a preliminary certificate of survey for review/approval by city staff. NWE covers land surveying expense. The purpose of the survey is to create a utility site, which is exempt from review as a subdivision. Administrative Staff Action; Provisionally adopt an ordinance, that once effective, authorizes the City Manager to execute an Exchange Agreement with NWE. City staff will prepare the ordinance which, by reference, will include the specific terms of the exchange. City Commission Action; Finalize certificate of survey and record at Gallatin County Clerk & Recorder. NWE covers land surveying expense. Administrative Staff Action; Prepare a deed to transfer title of new parcels. Acquire monetary compensation from NWE per the certified appraised value of the land. Record the deed at the Gallatin County Clerk & Recorder on, or after, the effective date of the ordinance authorizing the Exchange Agreement execution. NWE to cover deed expenses. Administrative Staff Action; Submit a preliminary sketch plan/certificate of appropriateness application for review/approval to address zoning regulations. The site is currently zoned M-1 and a utility site of this nature is a principal permitted use within the M-1 district. NWE responsible for making application and covering expenses. Administrative Staff Action; NWE constructs project. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Monetary compensation will be received from NWE at a value determined by certified appraisal of the property. All expenses covered by NWE. 273 Attachments: Resolution NorthWestern Energy Land Exchange.pdf Attachment A - Letter of Request from NWE.pdf Attachment B - Map Exhibit Depicting the Proposed Land Exchange.pdf Attachment C - Preliminary Certificate of Survey.pdf Report compiled on: June 26, 2025 274 Version February 2023 RESOLUTION 2025__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING INTENT TO NEGOTIATE A LAND EXCHANGE WITH NORTHWESTERN ENERGY IN THE CITY’S LOWER YARDS PROPERTY, DETERMINING THE PROPOSED PROPERTY TO BE EXCHANGED IS NOT NECESSARY TO CONDUCT CITY BUSINESS, AND THAT THE LAND EXCHANGE IS IN FURTHERANCE OF THE PUBLIC INTEREST, IN ACCORDANCE WITH SECTION 2.08.100, BOZEMAN MUNICIPAL CODE WHEREAS, NorthWestern Energy has requested the City exchange property as necessary to facilitate the upgrade and expansion of existing gas transmission facilities neighboring the City’s Lower Yards property located at the southeast corner of North Rouse Avenue and East Griffin Drive; and WHEREAS, NorthWestern Energy seeks to expand the footprint of the existing facility to the east while abandoning land to the south in addition to relocating a portion of the pipeline currently traversing City property; and WHEREAS, the City will acquire the southern portion of the existing facility, hereby resulting in a significant opportunity to redevelop the property for the purposes of supporting City Public Works operations; and WHEREAS, as the properties exist today, the City is limited in its options for redevelopment of the City parcel; and WHEREAS, the land exchange is in furtherance of the public interest as it provides the City a meaningful way to redevelop its property, that does not currently exist; and WHEREAS, the area proposed to be acquired by NorthWestern Energy, along with the area proposed to be encumbered by an access easement, are unnecessary for the conduct of city business; and 275 Version February 2023 WHEREAS, the City Commission has the jurisdiction and power to sell, donate, or exchange any real property belonging to the City in accordance with Section 2.08.120, Bozeman Municipal Code; and WHEREAS, prior to selling, exchanging, or donating any real property, the City Commission must find the real property proposed for sale, donation, or exchange is either no longer necessary to conduct City business or that the public interest may be furthered by the sale, donation, or exchange in accordance with Section 2.08.140, Bozeman Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the City Commission authorizes the City Manager to complete all steps necessary to negotiate a land exchange and easement to NorthWestern Energy for the dual purposes of upgrading and expanding Northwestern Energy gas transmission facilities and redeveloping City property, and return to the Commission an Ordinance authorizing the City Manager to execute a Land Exchange Agreement for same. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 276 Attachment A 277 Utilize Current Access Easement NorthWestern Energy Delivering a Bright Future NorthWestern Energy will not need additional Access Easement at this time and will continue to use the existing 20' wide access easement per certificate of survey 2818, noted on Exhibit B. NorthWestern Energy will have the value of the property appraised in hopes of moving this request forward as is required under the Bozeman City Ordinance. NorthWestern Energy appreciates the proposal being considered as it provides mutual benefits for both the City of Bozeman and NorthWestern Energy. Sincerely, ��(as) Manger Lands & Permitting Roy.lshkanian@northwestern.com 1944 Monad Road Billings, MT 59108 0: (406) 655-6415; C: (406) 670-5765 NorthWestern Ern·1-g, l • • Delivering a Bright Future NorthWesternEnergy.com 278 CERTIFICATE OF SURVEY No. 40 20 0 SCALE:1" = 40' 40 80 ”” DR AF T 6/22/25EXHIBIT A 279 EXHIBIT B 280 0.169 Acres75.01350.210 AcresAttachment B281 CERTIFICATE OF SURVEY No. 40 20 0 SCALE:1" = 40' 40 80 ”” DR AF T 6/22/25Attachment C 282 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director Melissa Hodnett, Finance Director SUBJECT:Second Public Meeting Considering the Community Development Block Grant (CDBG) Second-Year (2025) Action Plan MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Consider the Motion: I move to approve the Community Development Block Grant (CDBG) FY 2025 Annual Action Plan. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:See attached memorandum. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None at this time. Attachments: CC Memo July 15 2025 CDBG Action Plan v3 FINAL 7-2- 25.docx CDBG Annual Action Plan Year 2.pdf EV Board Minutes June 4 2025.pdf CDBG Action Plan Public Comment Period.pdf PLACEHOLDER FOR ANY PUBLIC COMMENT.pdf 2024-2029_Consolidated_Housing_Plan_Memo.pdf CDBG_Consolidated___Fair_Housing_Plan_Presentation.pdf Report compiled on: June 30, 2025 283 1 | P a g e Memorandum REPORT TO: Bozeman City Commission FROM: Brit Fontenot, Economic Development Director Melissa Hodnett, Finance Director Jamie Grabinski, Grants Coordinator SUBJECT: Second Public Meeting Considering the Community Development Block Grant (CDBG) FY 2025 Annual Action Plan MEETING DATE: July 15, 2025 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Staff recommends that the City Commission approve the Community Development Block Grant (CDBG) FY 2025 Annual Action Plan. MOTION LANGUAGE: I move to approve the Community Development Block Grant (CDBG) FY 2025 Annual Action Plan. Background: The U.S. Department of Housing and Urban Development (HUD) requires the CDBG Annual Action Plan to be presented and acted upon at two public meetings with a 30-day public comment period between the two required meetings. On June 4, 2025, staff presented the CDBG second-year action plan to the Economic Vitality Board, which took action on the plan and made a recommendation to the Bozeman City Commission. The CDBG Annual Action Plan comment period was noticed in the local paper of record, The Bozeman Daily Chronicle, on June 14, June 21, June 28, July 5, and July 12, 2025. The 30-day public comment period was open from June 14 to July 14, 2025. August 16, 2025, is the HUD deadline for submittal of the approved action plan. At their June 4, 2025, meeting, the Economic Vitality Board made the following recommendation to the City Commission: 00:59:23 Motion to approve [Sara Savage] I move to recommend approval of the CDBG FY25 Annual Action Plan to the City Commission with increased prioritization of funding and resources to emergency and transitional housing relative to increasing and preserving housing options and consider the eligibility of administration 284 2 | P a g e dollars to support all three categories (emergency/transitional housing, critical community services, and increasing/preserving housing options). Nathan Stein seconded the motion. The motion carried 6 – 0. Sara Savage, Craig Ogilvie, Mona Schwartz, Malory Peterson, Albert Jones, and Nathan Stein voted in favor of the motion. Board Chair Danielle Rogers was absent. Link to the Economic Vitality Board Public Meeting: https://bozeman.granicus.com/player/clip/b7a07a33-eea5-4099-902e- a2fa1123cbde?meta_id=c8bdf074-a7b6-468e-a11d-e0fe017e8b1c&redirect=true This year’s plan anticipates rolling forward the funding categories and priorities from last year’s Action Plan and the Consolidated Plan. Key Updates  The transitional housing RFP previously discussed will use only General Fund dollars. HUD’s federal restrictions made it difficult for providers to meet eligibility requirements. We do have a novel proposed use for the CDBG emergency and transitional housing for the Family Promise family transitional housing project, which will include eight additional transitional housing units (housing approximately an additional 32 individuals, including families) that cannot currently be used due to limited sewer capacity issues in the facility. We’re working with property owners and others to extend sewer service to the Family Promise site through a potential annexation or provision of services agreement with Genesis Business Park. This particular project directly advances our transitional housing goals and positions us to meet HUD’s requirement to spend at least half of our Year 1 allocation by September 30, 2026.  Minimal program planning and administration funds have been spent to date, largely due to the complexity of aligning federal requirements with local housing needs. Additionally, uncertainty on federal funding allocations also creates uncertainty in planning for project funding. Consequently, we must move forward with a viable plan this year.  Looking ahead: We are recruiting a Community Housing Manager who will assume a leadership role in the organization and community on housing issues and will:  In support of the Legal Department, evaluate the details of an eviction prevention/tenant right to counsel program as a CDBG-eligible activity;  Finalize our Citizen Participation Plan, which defines when a plan amendment is required;  Prepare future Action Plans, CAPERs, and support an amendment to the Consolidated Plan, if needed, later this year or early next year;  Support the ongoing for-sale affordable housing project at Oak and Fowler;  Draft a Transitional Housing RFP/Program; and  Assume the additional duties and responsibilities of the Housing Manager, in addition to the CDBG program, including but not limited to stewardship of all affordable units, update to the Affordable Housing Ordinance with a “for- 285 3 | P a g e sale” provision, represent the City on the Regional Housing Coalition and other local , state and federal housing related work. Below is a table identifying the second-year funding allocation. Currently, we are unable to shift funds between categories, approved in the year 1 action plan and the overarching Consolidated Plan (5 yr. plan), as doing so will likely require public engagement under a process we have not yet formally defined. The strategy we are proposing with this second-year Action Plan intends to keep identified projects moving forward, meet federal requirements, and set the stage for strategic updates once additional staff capacity is in place. Additionally, this plan incorporates eviction prevention and tenant right to counsel as an eligible public service activity—using part of the 15% of CDBG funds allowed for public services. Implementation and Monitoring The City’s Economic Development and Finance Departments will monitor project outcomes and compliance with HUD regulations. Regular reports will track progress on indicators such as persons housed, services delivered, and funds obligated. Staff will also work closely with funded organizations to ensure effectiveness and accountability. Conclusion Bozeman’s FY2025 CDBG Action Plan reflects a thoughtful and strategic allocation of limited federal resources toward the City’s most pressing needs—emergency housing and essential services. These investments will:  Strengthen housing stability for vulnerable individuals and families.  Support community resilience through accessible services.  Ensure continued compliance and readiness for future funding opportunities. 286 4 | P a g e Attachments 1. CDBG Second Year Action Plan; 2. June 4, 2025 Economic Vitality Board Minutes; 3. Public Notice for 30-day public comment period; 4. Public comments received by the public comment deadline; 5. Original CDBG Consolidated Plan memorandum; and 6. Original CDBG Consolidated Plan presentation. 287 Annual Action Plan 2025 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction This is the City of Bozeman's CDBG program year 2 action plan that provides the vision, goals, and plan for allocating federal housing and community development funds granted to the City by the U.S. Department of Housing and Urban Development (HUD). The CDBG funds must benefit low to moderate income households. The HUD block grant funds covered by this plan include Community Development Block Grant (CDBG) entitlement funds only. CDBG primarily funds community and economic development activities. Broadly, some CDBG eligible activities include building and rehabilitating community centers and nonprofit facilities, improving public infrastructure such as sidewalks, lighting, water and sewer, and roads, supporting skill development and job acquisition for workers, and providing direct services such as housing counseling to eligible individuals. CDBG funds can be used for some housing activities including home rehabilitation, accessibility improvements to accommodate persons living with disabilities, and down payment assistance for homebuying – as well as emergency and disaster response assistance. 2. Summarize the objectives and outcomes identified in the Plan Directions: this could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The greatest housing and community development needs in Bozeman identified through the development of this Plan include: • More affordable rental housing options, particularly for local workforce; • More affordable homeownership opportunities; • More transitional housing and emergency shelter options; • More accessible housing and supportive housing; • Increased access to critical community services. The five-year goals established to address housing and community development needs in Bozeman include: 288 Annual Action Plan 2025 2 OMB Control No: 2506-0117 (exp. 09/30/2021) • Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. • Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. • Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, eviction prevention, mental health services, chemical dependency services, and affordable and available childcare. • Planning and Administration to support the goals articulated above. 3. Evaluation of past performance Directions: this is an evaluation of past performance that helped lead the grantee to choose its goals or projects. In program year 1, the City of Bozeman completed its first ever consolidated plan. With community participation and the development of a fair housing plan, the City identified four areas of need to successfully implement the CDBG funding. In program year 2, the City of Bozeman will implement the four areas of need identified. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Bozeman’s primary goal for community participation is to facilitate engagement opportunities that allow for a broad and diverse representation of the community to participate in the development of the plan. Additionally, in program year 1, the City engaged with housing, economic, and other service agencies, organizations, and experts to gather current information on the needs and priorities of low- to moderate-income households in Bozeman. For program year 2, the City: • Presented to the Economic Vitality Board on June 4, 2025 to receive recommendations to later present to the City Commission. • Is currently holding this 30-day draft public comment period from June 14th -July 14, 2025 for residents to provide input and comment on the program year 2 annual action plan draft document. • Will present to the City Commission on Tuesday, July 15, 2025 289 Annual Action Plan 2025 3 OMB Control No: 2506-0117 (exp. 09/30/2021) 5. Summary of public comments Directions: this could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. This section will be completed upon closure of the public comment period of June 14 -July 14, 2025. 6. Summary of comments or views not accepted and the reasons for not accepting them This section is pending public comment received. 7. Summary To be completed upon public comment and City Commission meeting closure on August 5, 2025 290 Annual Action Plan 2025 4 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator City of Bozeman Economic Development and Finance Departments Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Current points of contact are: David Fine Jamie Grabinski Economic Development Program Manager Grants Coordinator dfine@bozeman.net jgrabinski@bozeman.net 406-582-2973 406-582-2364 291 Annual Action Plan 2025 5 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction This section summarizes how the City of Bozeman coordinates with housing providers, other relevant government departments and agencies, including the state Continuum of Care, and reviews how the City consulted with stakeholders during the development of the Consolidated Plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City works with the Regional Housing Coalition (a Coalition of housing providers, developers, the business community, and local government) to inform and shape priorities and strategies to address housing needs. The Regional Housing Coalition hosts a subcommittee called the Unhoused to Housed Initiative (a committee with representation from homeless service providers and City and County officials and personnel) that assesses service gaps and develops regional strategies and priorities to address homelessness. The City works with the Gallatin Behavioral Health Coalition (a Coalition of healthcare and service providers and local governments) to identify gaps and implement strategies to address mental health service needs across the community. The City of Bozeman and Gallatin County do not have a public housing authority. The Human Resource Development Council of District IX, Inc. (HRDC) has acted as a public housing authority for the City and County since 1995. HRDC is a Certified Housing Development Organization, Community Development Corporation, and Community Action Agency. HRDC develops, preserves, owns, and manages affordable housing, ranging from multi-family properties with HUD subsidies to Low-Income Housing Tax Credit developments to single and multi-family community land trust homes. HRDC also provides housing services ranging from emergency shelter to transitional housing to rental assistance to homebuyer education and down payment assistance. HRDC also administers the Section 8 Housing Choice Voucher program as a field agent for the State of Montana. The City of Bozeman, Gallatin County and HRDC work closely to ensure coordination across public and private housing and service organizations. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. 292 Annual Action Plan 2025 6 OMB Control No: 2506-0117 (exp. 09/30/2021) The Montana Continuum of Care Coalition (MTCoC) is responsible for local, regional, and statewide coordination of housing and services for individuals and families experiencing homelessness. The MTCoC does not provide direct assistance with housing or support services. They work with local service providers across Montana to help individuals, families, and youth experiencing homelessness. HRDC acts as the MTCoC Local Coordinator. Pathways MISI is a not-for-profit partnership that supports the success of HRDC’s Continua of Care. Pathways offers planning, data, and consulting services that help HRDC plan for growth and comply with HUD, HMIS, HIPPA and other applicable regulations. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS City of Bozeman collaborates with HRDC, which manages our region’s CoC services. The Regional Housing Coalition hosts a subcommittee called the Unhoused to Housed Initiative (a committee with representation from homeless service providers and City and County officials and personnel) that assesses service gaps and develops regional strategies and priorities to address homelessness. HRDC, as the ESG grantee determines how to allocate ESG funds, develop performance standards, evaluate outcomes, develop funding, policies, and procedures for the administration of HMIS. The City meets with HRDC on a monthly basis to discuss issues such as homelessness, transitional housing, rapid rehousing, permanent supportive housing, navigation services, and first-time homebuyer education. The City also supports HRDC’s year-round shelter. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities The table below includes agencies who were consulted during the development of the Con Plan. This section will be updated as of adoption of the final action plan. Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Montana Housing Coalition Agency/Group/Organization Type Statewide Housing Coalition What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Strategic Plan 293 Annual Action Plan 2025 7 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 2 Agency/Group/Organization Groundprint, LLC Agency/Group/Organization Type Planning Consultant What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 3 Agency/Group/Organization REACH Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 4 Agency/Group/Organization Bozeman Area Chamber of Commerce Agency/Group/Organization Type Business Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Economic Development Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 5 Agency/Group/Organization Bridgercare Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-Health 294 Annual Action Plan 2025 8 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 6 Agency/Group/Organization Haven Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 7 Agency/Group/Organization Family Promise of Gallatin Valley Agency/Group/Organization Type Services - Housing Services-Children Services-homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Homeless Needs - Families with children Market Analysis Anti-poverty Strategy Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Family Promise met in person on May 13, 2025 to discuss eviction prevention services. 8 Agency/Group/Organization Montana State University, Innovation Campus Agency/Group/Organization Type Services-Education Services-Employment Business Leaders 295 Annual Action Plan 2025 9 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 9 Agency/Group/Organization Montana Continuum of Care Coalition Agency/Group/Organization Type Statewide Continuum of Care What section of the Plan was addressed by Consultation? Housing Need Assessment Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 10 Agency/Group/Organization HRDC Agency/Group/Organization Type Services - Housing Services-homeless Services-Health Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? HRDC met in person for a meeting to discuss eviction prevention on 5/12/2025. 296 Annual Action Plan 2025 10 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 Agency/Group/Organization Greater Gallatin United Way Agency/Group/Organization Type Services-Children Services-Health Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 12 Agency/Group/Organization Gallatin County Emergency Management Agency/Group/Organization Type Agency - Emergency Management What section of the Plan was addressed by Consultation? Market Analysis Strategic Plan How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? 297 Annual Action Plan 2025 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify any Agency Types not consulted and provide rationale for not consulting TBD – will be completed with final adopted plan. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Table 3 – Other local / regional / federal planning efforts Narrative (optional) 298 Annual Action Plan 2025 12 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting This section will be completed at the close of the public comment period of July 14, 2025, and the close of the City Commission meeting on August 5, 2025. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Non- targeted/broad community Table 4 – Citizen Participation Outreach 299 Annual Action Plan 2025 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction Anticipated FY2025 Program year 2 resources, as well as the expected amount available for the remainder of the Con Plan for the city of Bozeman, are described below. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 2 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 347,790.00 0.00 325,859.00 673,649.00 1,043,370.00 Expected Amount Available for remainder of Con Plan is Program year 2 allocation times three. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how 300 Annual Action Plan 2025 14 OMB Control No: 2506-0117 (exp. 09/30/2021) matching requirements will be satisfied Matching is not a requirement for CDBG funds. However, the City provides general funds for public services to fully leverage federal dollars used for public services also. Additionally, a current proposed project with Family Promise to build water and sewer infrastructure that will open 8 additional transitional housing units may use private funds to match the CDBG federal funds. 301 Annual Action Plan 2025 15 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Within the city boundaries, publicly owned land suitable for development is incredibly limited. However, the City is actively seeking out and pursuing partnerships with other government agencies, organizations, and local entities to find and develop land suitable for affordable and workforce housing. Discussion No discussion 302 Annual Action Plan 2025 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increasing and Preserving Housing Options 2025 2026 Affordable Housing Citywide Affordable Rental Housing Affordable Homeownership Opportunities Accessible Housing CDBG: $170,509 Other: 1 Other 2 Supporting Vulnerable Populations 2025 2026 Homeless Citywide Emergency Shelter and Transitional Housing CDBG: $268,243 Homeless Person Overnight Shelter: 75 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 30 Beds 3 Critical Community Services 2025 2026 Non-Housing Community Development Citywide Community Services CDBG: $100,168 Public service activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted 303 Annual Action Plan 2025 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 4 Planning and Administration 2025 2026 Planning and Administration Citywide Affordable Rental Housing Affordable Homeownership Opportunities Accessible Housing Emergency Shelter and Transitional Housing Community Services CDBG: $134,729 Other: 1 Other Table 6 – Goals Summary Goal Descriptions 1 Goal Name Increasing and Preserving Housing Options Goal Description 2 Goal Name Supporting Vulnerable Populations Goal Description 3 Goal Name Critical Community Services Goal Description 4 Goal Name Planning and Administration Goal Description 304 Annual Action Plan 2025 18 OMB Control No: 2506-0117 (exp. 09/30/2021) 305 Annual Action Plan 2025 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction Based on the Consolidated Plan goals described above, the table below describes the projects that will be funded in Program Year (PY) 2025-2026. Projects Table 7 - Project Information # Project Name 1 Emergency and transitional housing facilities 2 Increasing and preserving housing options 3 Public Services 4 Planning and Administration Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These priorities meet an increasing need in the Bozeman community by addressing the most acute housing needs through the additional of transitional and emergency housing, the cost-effective preservation of naturally occurring affordable housing and supportive housing for underserved seniors and people with disabilities. Housing has been an issue for Bozeman residents for many years; concern has increased as costs have skyrocketed and remained high. This is well-documented across several existing reports. The 2019 Bozeman Community Housing Needs Assessment revealed that prior to the pandemic, housing costs were already becoming unmanageable – the percentage of households paying over 30% of their income for rent plus utilities was 55%. Bozeman’s 2021 Equity Indicators Project found housing access to affordable housing was the top need identified by survey takers (69% reported “large need”). The most recent 2023 Gallatin Valley Housing Report confirms that the post-COVID real estate price surge has been staggering: “the median price of a newly built single-family home in 2022 was $950,000, nearly double the amount recoded in 2019.” These priorities take steps to ensure equitable and inclusive housing is a reality in Bozeman by focusing strategically on homelessness, displacement, aging-in-place and universal building accessibility, increasing community knowledge, and lobbying for local solutions at the state level, so that Bozeman residents of all ages, abilities, and income levels can feel confident and secure in calling Bozeman their home. 306 Annual Action Plan 2025 20 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 1 Project Name Emergency and transitional housing facilities Target Area Citywide Goals Supported Supporting Vulnerable Populations Needs Addressed Emergency and transitional housing Funding CDBG: $268,243.00 Description This project is a public facilities and improvement project focusing on Homeless Facilities (matrix code 03C), which could include acquisition, construction, conversion of buildings, or rehabilitation of temporary shelters and transitional housing for the homeless, including victims of domestic violence, dating violence, sexual assault or stalking, disaster victims, runaway children, drug offenders, and parolees. The intent is to improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing solutions grounded in Housing First approaches, including but not limited to, emergency shelter and transitional housing. Target Date 9/30/2026 Estimate the number and type of families that will benefit from the proposed activities 75 people experiencing and/or at risk of homelessness. Location Description n/a. 307 Annual Action Plan 2025 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. The current project the City is pursuing would create eight transitional housing units for families by funding sewer infrastructure. 2 Project Name Increasing and Preserving Housing Options Target Area Citywide Goals Supported Increasing and Preserving Housing Options Needs Addressed Increasing and Preserving Housing Options Funding CDBG: $170,509.00 Description Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. Target Date 9/30/2026 Estimate the number and type of families that will benefit from the proposed activities TBD – this project will benefit low to moderate income families. Location Description n/a. 308 Annual Action Plan 2025 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities The City is focused on pursuing a project to use the emergency and transition housing fund allocations and will continue to work toward specific planned activities for this funding in the coming months. Priority needs include affordable rental housing, affordable homeownership opportunities, and accessible housing as identified in the Consolidated Plan. Several of these strategies have and continue to be implemented leveraging the City’s Community Housing Fund and Urban Renewal Districts. In addition to the existing community housing inventory of over 1,200 affordable rentals and close to 200 affordable homeownership units, as of June 16, 2025, there are an additional 316 community housing affordable units under construction and 534 in the project pipeline. 3 Project Name Public Services Target Area Citywide Goals Supported Critical Community Services Needs Addressed Community Services Funding CDBG: $100,168.00 Description Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, eviction prevention and tenant access to counsel, mental health services, chemical dependency services, and affordable and available childcare. Target Date 9/30/2026 Estimate the number and type of families that will benefit from the proposed activities 100 low- and moderate-income residents Location Description n/a. 309 Annual Action Plan 2025 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, eviction prevention and tenant access to counsel, mental health services, chemical dependency services, and affordable and available childcare. 4 Project Name Planning and Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Affordable Rental Housing Affordable Homeownership Opportunities Accessible Housing Emergency Shelter and Transitional Housing Community Services Funding CDBG: $134,729.00 Description Planning and administration of CDBG funds. Target Date 9/30/2026 Estimate the number and type of families that will benefit from the proposed activities n/a. Location Description n/a. Planned Activities Planning and administration of CDBG funds. 310 Annual Action Plan 2025 24 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Bozeman will not distribute funds geographically. Geographic Distribution Table 8 - Geographic Distribution Target Area Percentage of Funds Citywide 100% Rationale for the priorities for allocating investments geographically n/a. Discussion n/a. 311 Annual Action Plan 2025 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The estimated number of households to be supported during this program year will be determined as specific projects are identified throughout the work and implementation of this plan. Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless TBD Non-Homeless TBD Special-Needs TBD Total TBD Table 10 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance TBD The Production of New Units TBD Rehab of Existing Units TBD Acquisition of Existing Units TBD Total TBD Discussion No discussion 312 Annual Action Plan 2025 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction There are no public housing units in the city of Bozeman. Actions planned during the next year to address the needs to public housing n/a. Actions to encourage public housing residents to become more involved in management and participate in homeownership n/a. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance n/a. Discussion n/a. 313 Annual Action Plan 2025 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction It is a priority for the City to develop a coordinated strategy to address homelessness in the Bozeman area in partnership with HRDC, Family Promise and other housing entities. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including The City believes that homelessness is a housing problem and has taken a Housing First approach to homelessness. The City has participated financially in the completion of 155 units of new LIHTC housing, which increases the number of low-income units in the community and the number of units that qualify for the use of housing choice vouchers. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs As highlighted in the City’s Strategic Plan, the first goal is to "develop a coordinated strategy to address homelessness in the Bozeman area.” This goal’s first strategy is to “Identify and prioritize Housing First approaches to address housing instability and homelessness.” The City will continue to work collaboratively with its local community partners to provide funding and other resources to support reaching out to residents experiencing homelessness to not only help assess their own unique individual needs, but to work toward developing a strategy to address homelessness in Bozeman that is built upon the lived experience of unhoused residents in the community. Addressing the emergency shelter and transitional housing needs of homeless persons The City’s first housing goal includes a recommendation to address the emergency and transitional housing needs of Bozeman residents experiencing homelessness. Additionally, several stakeholders consulted for the development of this plan identified transitional housing as one of the most critical housing needs for unhoused residents in Bozeman. The City is working on an infrastructure project benefitting an expansion of emergency and transitional unit operated by Family Promise. The additional sewer capacity created by annexing and connecting to city sewer, will enable the utilization of 8 new units of housing, which with an average family size of 4 would entail access to housing for 32 people. The infrastructure expansion could also allow Family Promise to build as many as 15 units on an 314 Annual Action Plan 2025 28 OMB Control No: 2506-0117 (exp. 09/30/2021) adjacent lot they own, which would also be served by the new infrastructure. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City works closely with non-profit partners who help and support homeless persons. A part of that assistance is to shorten the period of time that individuals and families experience homelessness. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. This item is to be determined. Discussion No discussion 315 Annual Action Plan 2025 29 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: As articulated in the housing market analysis, several barriers to affordable housing development were identified in Bozeman. Barriers identified by stakeholders included the high cost of infrastructure, complex and convoluted development code, high cost and lack of availability of land, cost of labor, short construction season, restrictive private covenants, and community pushback. Additionally, stakeholders highlighted the State’s removal of a jurisdiction’s regulatory authority to allow inclusionary zoning as another barrier. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Funding Several of these strategies have and continue to be implemented. In addition to its existing community housing inventory of over 1,200 affordable rentals and close to 200 affordable homeownership units, as of as of June 16, 2025, there are an additional 316 community housing affordable units under construction and 534 in the project pipeline. The City of Bozeman will continue to implement the strategies above and will look to leverage other opportunities and partnerships that help reduce barriers to affordable housing development in the city. The City of Bozeman leverages a variety of programs, public and private, to fill the large financial gaps in affordable housing projects due to the escalating costs of land, labor, lumber and lending. The tools currently at the City’s disposal include the Community Housing Fund, a yearly general fund allocation, Urban Renewal funds when a project is located within an Urban Renewal District, 4% or 9% Low Income Housing Tax Credits when available, and when awarded by the State of Montana, and the Gallatin Housing Impact Fund, a $10M privately raised low-interest revolving loan fund. Occasionally, there is overlap between the geographically constrained URD and LIHTC boundaries where the City can pair and sometimes triple the incentive to lower the AMI and increase long term affordability. The City will also look for opportunities to support and defend local housing solutions at the state legislature and Identify and pursue local and state revenue streams for the creation of affordable housing and housing assistance programs, including dedicated mills to affordable housing projects and preserving the ability to use Tax Increment Financing as a tool for affordable housing The City of Bozeman will continue to implement the strategies above and will look to leverage other opportunities and partnerships that help reduce barriers to affordable housing development in the city. The process to develop this plan was grounded in input from community members and partner 316 Annual Action Plan 2025 30 OMB Control No: 2506-0117 (exp. 09/30/2021) organizations to define needs, gather data, and chart a path forward. Community engagement efforts on reducing barriers to participation and creating multiple ways for everyone to help establish the vision for the plan, generate goals, and define the specific recommendations to achieve them. Discussion: No discussion 317 Annual Action Plan 2025 31 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Actions planned to address obstacles to meeting underserved needs Actions planned to address obstacles to meeting underserved needs are listed in Section AP-65. Actions planned to foster and maintain affordable housing Actions planned to foster and maintain affordable housing are listed in Section AP-75. Actions planned to reduce lead-based paint hazards Actions planned to reduce lead-based paint hazards are listed in Section SP-65 of the Consolidated Plan. Actions planned to reduce the number of poverty-level families Actions planned to reduce the number of poverty-level families are listed in Section SP-70 of the Consolidated Plan. Actions planned to develop institutional structure Actions planned to develop institutional structure are listed in Section SP-40 of the Consolidated Plan. Actions planned to enhance coordination between public and private housing and social service agencies Actions planned to enhance coordination between public and private housing and social services agencies are listed in Section SP-40 of the Consolidated Plan. Discussion: No discussion 318 Annual Action Plan 2025 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 319 Bozeman Economic Vitality Board Meeting Minutes, June 4, 2025 Page 1 of 3 THE ECONOMIC VITALITY BOARD MEETING OF BOZEMAN, MONTANA MINUTES June 4, 2025 General information about the Economic Vitality Board is available in our Laserfiche repository. Present: Danielle Rogers, Mona Schwartz, Sara Savage, Craig Ogilvie, Malory Peterson, Albert Jones, Nathan Stein Absent: None Excused: None A) 00:00:44 Call to Order - 6:00 PM B) 00:01:16 Disclosures C) 00:01:26 Changes to the Agenda D) 00:01:30 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 00:02:18 There were no public comments. E) 00:02:21 Action Items E.1 00:02:25 Public Meeting considering the Community Development Block Grant (CDBG) Second-Year Action Plan EV_Board_Memo_June_4_2025_CDBG_Action_Plan_v2.0_5-30-25 (1).pdf 4. FY25 Annual Action Plan_Updated_JG final.pdf 2024-2029 Consolidated Housing Plan Memo.pdf CDBG Consolidated & Fair Housing Plan Presentation.pdf 320 Bozeman Economic Vitality Board Meeting Minutes, June 4, 2025 Page 2 of 3 Resolutions 5604 - Adoption of the 2025-2029 Community Development Block Grant Consolidated Housing Plan.pdf 00:02:28 Economic Development Director Brit Fontenot presented the Community Development Block Grant Second-Year Action Plan. 00:21:03 Questions of Staff 00:59:02 Public Comment There were no public comments. 00:59:23 Motion to approve I move to recommend approval of the CDBG FY25 Annual Action Plan to the City Commission with increased prioritization of funding and resources to emergency and transitional housing relative to increasing and preserving housing options and consider the eligibility of administration dollars to support all three categories (emergency/transitional housing, critical community services, and increasing/preserving housing options). Sara Savage: Motion Nathan Stein: 2nd 01:07:46 Vote on the Motion to approve I move to recommend approval of the CDBG FY25 Annual Action Plan to the City Commission with increased prioritization of funding and resources to emergency and transitional housing relative to increasing and preserving housing options and consider the eligibility of administration dollars to support all three categories (emergency/transitional housing, critical community services, and increasing/preserving housing options). The Motion carried 6 - 0. Approve: Sara Savage Craig Ogilvie Mona Schwartz Malory Peterson Albert Jones Nathan Stein Disapprove: None 321 Bozeman Economic Vitality Board Meeting Minutes, June 4, 2025 Page 3 of 3 F) 01:08:23 FYI/Discussion Vice Chair Schwartz noted the July meeting is cancelled. G) 01:09:03 Adjournment This board generally meets the first Wednesday of the month from 6:00 pm to 8:00 pm. 322 Notice of Public Hearing and Opportunity to Comment NOTICE OF PUBLIC HEARING ON THE CITY’S YEAR TWO ANNUAL HOUSING ACTION PLAN PORTION OF THE CITY’S CONSOLIDATED PLAN NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) will hold a public hearing on the Year Two Annual Housing Action Plan on July 15, 2025 at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, with access available online via videoconference technology, with the link to be available on the City’s website at www.bozeman.net/meetings. The Annual Housing Action Plan portion of the Consolidated Plan supports the work of the Economic Development Department in the administration of the Community Development Block Grant (CDBG) fund. The CDBG Entitlement Program provides annual grants on a formula basis to entitled cities to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. Eligibility for participation as an entitlement community is based on population data provided by the U.S. Census Bureau and metropolitan area delineations published by the Office of Management and Budget. The U.S. Department of Housing and Urban Development (HUD) determines the amount of each entitlement grantee’s annual funding allocation by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. The Consolidated Plan is designed to help local jurisdictions assess affordable housing needs and market conditions, and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the Community Planning and Development (CPD) formula block grant programs, including the CDBG program. The Annual Action Plan is the implementation portion for year two of the Consolidated Plan. The City is Any interested persons may appear and will be heard or may file written comments with the City Clerk prior to such hearing. Residents can provide comments from June 14, 2025, through July 15, 2025. Written comments can be submitted via mail to City Clerks’ Office, PO Box 1230, Bozeman, MT, 59771, in-person to, 121 N. Rouse Ave., Bozeman, MT, 59715, or by email to comments@bozeman.net. A draft of the Annual Plan can be found on the City’s website. Any person may also request a copy of the Annual Plan in-person or by email at comments@bozeman.net. The final Annual Housing Action Plan will be adopted by the City Commission via Resolution and submitted to HUD on August 15, 2025. Please contact Mike Maas at mmaas@bozeman.net for more information. Publication Dates: June 14, 2025 June 21, 2025 June 28, 2025 July 5, 2025 July 12, 2025 323 PLACEHOLDER FOR ANY PUBLIC COMMENT 324 1 | Page Memorandum REPORT TO: City Commission FROM: Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Department Director SUBJECT: 2024-2029 Consolidated Housing Plan Public Hearing MEETING DATE: July 23, 2024 AGENDA ITEM TYPE: Action Item RECOMMENDATION: “I move to adopt the 2024-2029 Consolidated Housing Plan, 2024 Annual Housing Action Plan, and Fair Housing Equity Plan as written via Resolution #5604.” Background The Consolidated Plan, Annual Housing Action Plan, and Fair Housing Equity Plan support the work of the Economic Development Department in the administration of the Community Development Block Grant (CDBG) fund. The CDBG Entitlement Program provides annual grants on a formula basis to entitled cities to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. Eligibility for participation as an entitlement community is based on population data provided by the U.S. Census Bureau and metropolitan area delineations published by the Office of Management and Budget. The U.S. Department of Housing and Urban Development (HUD) determines the amount of each entitlement grantee’s annual funding allocation by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. On August 24, 2023, the City of Bozeman received notification from HUD’s Region VIII office of Community Planning and Development that the city has the sufficient population to meet the definition of a Metropolitan City under the CDBG program and is eligible to become what is known as an “entitlement jurisdiction” and is therefore eligible to receive CDBG funding directly from HUD, rather than applying for funding through the State of Montana. The Consolidated Plan (ConPlan) is designed to help local jurisdictions assess affordable housing needs and market conditions, and to make data-driven, place-based investment decisions. The Consolidated Planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the Community Planning and Development (CPD) formula block grant programs, including the CDBG program. 325 2 | Page 2024-2028 Consolidated Housing Plan The ConPlan guides policy and investment decisions for housing, economic, economic development, and community development in Montana. It is designed to meet requirements set by HUD and various housing and community development acts passed by the U.S. Congress. The ConPlan documents needs such as affordable housing, homelessness, infrastructure, community facilities, and economic development. The plan consolidates the planning, application, reporting, and citizen participation components of the formula programs that receive funding from HUD, with specific emphasis on the Community Development Block Grant (CDBG) program. The plan includes a five-year comprehensive, strategic plan, known as the “Consolidated Plan for Housing and Community Development.” This strategic plan assesses needs and current conditions as well as determines priorities and allocated HUD funding. To meet the minimum requirements set forth by HUD, the ConPlan must include five main components: 1. A description of the lead agency or entity responsible for overseeing the development of the plan and a description of the process undertaken to develop the plan 2. A housing and homeless needs assessment 3. A housing market analysis 4. A strategic plan 5. A one-year Action Plan 2024 Annual Housing Action Plan Under the five-year strategic plan, Annual Action Plans (AAP) further detail how the City will use funds to carry out the programs with the expected resources available, types of activities offered, distribution of funds, and other actions. In addition to submitting an AAP, the City will submit a Consolidated Annual Performance and Evaluation Report (CAPER), which documents accomplishments and progress towards meeting goals and objectives outlined in the ConPlan and corresponding AAP. Each CAPER is submitted to HUD within 90 days after the close of the annual plan year. The AAP serves as the application to HUD for funding of the CDBG program. The AAP describes to HUD any changes or trends in Bozeman’s housing, homeless residents, special needs populations, and community and economic development needs. The AAP also summarizes the actions Bozeman will take to support the strategic goals identified in the ConPlan. Completing the ConPlan and AAP helps grantees determine what activities and organizations to fund in the coming year. Fair Housing Equity Plan In 2023, HUD published in the Federal Register a Notice of Proposed Rulemaking entitled “Affirmatively Furthering Fair Housing.” The rule implements the Fair Housing Act’s statutory mandates that HUD ensures that recipients of its funding affirmatively further fair housing (AFFH). The AFFH mandate requires that program participants proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination. Program participants must submit to HUD for review and acceptance an Equity Plan that is developed following community engagement and contains the fair housing analysis, goals, and strategies. An Equity Plan will be submitted every five years. Program participants are required to incorporate fair housing goals from the Equity Plans into subsequent planning documents (e.g., Consolidated Plan and Annual Action Plan). 326 3 | Page Community Engagement Approach The Consolidated Planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs. Through the ConPlan, grantee jurisdictions engage the community, both in the process of developing and reviewing the proposed plan, and as partners and stakeholders in the implementation of the CDBG program. By consulting and collaborating with other public and private entities, grantees can align and coordinate community development programs with a range of other plans, programs, and resources to achieve greater impact. Residents play an important role in improving the quality of life in their neighborhoods and should have the opportunity to participate in processes that impact their neighborhoods and community. Community engagement and public involvement helps inform the development of the ConPlan, which will result in the setting of fair housing goals to increase fair housing choice and provide equal access to opportunity for all community members. The City will use the fair housing goals and priorities identified by community members to inform the investment and other decisions made in the Consolidated Planning process. The Fair Housing Plan (FHP), with inclusive community participation, will result in the setting of fair housing goals to increase fair housing choice and provide equal access to opportunity for all community members. The City of Bozeman will then use the fair housing goals and priorities established to inform the investments and other decisions made in the Consolidated Planning process. As part of the community engagement process, the City encouraged participation by low- and moderate- income residents, particularly those living in areas where federal funds are proposed to be used and those populations who have historically experienced exclusion, including racial and ethnic minorities, limited English proficient individuals, and individuals with disabilities. Headed into the citizen participation process, staff recognized that there was overlap between this project and the engagement we performed through the Belonging in Bozeman Equity and Inclusion Plan. Both staff and the City Commission shared concerns about marginalized populations having engagement fatigue, especially after recently sharing similar and stories about vulnerability in housing needs. To avoid engagement burnout and ensure the City is still meeting HUD requirements, staff focused on incorporating feedback from the Belonging in Bozeman Plan and meeting with marginalized populations and protected classes who showed the most acute and serious housing needs. During the citizen participation process, the City of Bozeman conducted several Resident Focus Groups which were in-depth and intentional conversations with low- and moderate-income families, seniors, residents living with disabilities, unhoused residents, and members of protected classes. These conversations expanded on themes that were developed during the City’s community outreach efforts during the development of the Belonging in Bozeman (BiB) plan. One of the goals outlined in the BiB plan was to deepen engagement with underserved communities. City staff and consultants also engaged in twelve Stakeholder Interviews with representatives from housing, community development, social services, and economic development organizations to understand trends and a wider context of issues from service providers. Emphasis was placed on organizations serving underrepresented, underserved, special needs and minority populations. These conversations identified community priority areas and goals. 327 4 | Page In addition, the City conducted a Housing and Community Needs Survey that was open to all residents in Bozeman and Gallatin County to ensure everyone had an opportunity to give feedback on housing issues, and to allow for participation from residents and marginalized groups who may not have participated in the focus groups. The survey closed May 10 and over 950 respondents participated. The survey responses can be found within the Needs Assessment portion of the ConPlan. Staff also presented to several City Advisory Boards, including multiple presentations to the Economic Vitality Board, the Community Development Board and the Inter-Neighborhood Council. Each of these presentations offered community members with the opportunity to provide public comment and learn more about the ConPlan, the AAP and the FHP. The City of Bozeman strives to ensure the provision of fair housing throughout the community. As a recipient of federal funding, the City must affirmatively further fair housing by taking meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination. Federal and state fair housing laws prohibit discriminatory practices in any industry-related business or transaction that may affect the ability of protected class members to secure housing and live in the housing of their choice. Belonging in Bozeman Housing Goals Bozeman’s Equity Indicators Project found that access to affordable housing was the top need identified by survey respondents. The Belonging in Bozeman Equity and Inclusion Plan proposed making equitable and inclusive housing a reality in Bozeman by focusing strategically on homelessness, displacement, aging in place and universal building accessibility, increasing community knowledge, and lobbying for local solutions at the state level, so that Bozeman residents of all ages, abilities, and income levels can feel confident and secure in call Bozeman home. The top housing goals and recommendations laid out in the plan are to develop a coordinated strategy to address homelessness in the Bozeman area. Categories of Eligible Activities HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. At least 70 percent of CDBG funds must be used for activities that benefit low- and moderate-income persons. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasibility priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet at least one of the national objectives. CDBG funds may be used for activities which include, but are not limited to: • Acquisition of real property • Relocation and demolition • Rehabilitation or residential and non-residential structures 328 5 | Page • Construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhoods centers, and the conversion of school buildings for eligible purposes • Public services, within certain limits • Activities relating to energy conservation and renewable energy resources • Provision of assistance to profit-motivated businesses to carry out economic development and job creation and retention activities Each activity must meet at least one of the following national objectives for the program: benefit low- and moderate-income persons, prevention or elimination of slums or blight, or address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available. Generally, the following types of activities are ineligible: • Acquisition, construction, or reconstruction of buildings for the general conduct of government • Political activities • Certain income payments • Construction of new housing (with some exceptions) HUD has published a Guide to National Objectives and Eligible Activities for Entitlement Communities which contains Categories of Eligible Activities which outlines each of the permissible ususes of CDBG funding. HUD also publishes an annual CDBG Activity Expenditure Report for each entitlement jurisdiction. CDBG Allocation The CDBG statute identifies poverty, neighborhood blight, deteriorated housing, physical and economic distress, decline, suitability of one’s living environment, and isolation of income groups, among others, as important components of community development need. The Community Planning and Development Formula Program Allocations reflect the level of funding approved for the CDBG program in each community. These annual formula grants provide critical funding for a wide range of activities to address their most pressing local needs, providing flexible resources to facilitate the creation of affordable housing development, support homeowners, provide life-saving assistance to people experiencing homelessness, create jobs, and improve public facilities, community resilience, and local economies. Entitlement jurisdictions are metropolitan cities with populations of at least 50,000 residents as determined by the Office of Management and Budget (OMB). When the City of Bozeman surpassed this threshold, it became entitled to receive CDBG dollars directly from HUD, rather than applying through the State of Montana. Bozeman is now eligible to receive an earmarked annual allocation each year. Entitlement communities develop their own programs and funding priorities. In 2024, the City of Bozeman is eligible to receive $325,859 in CDBG funding. By comparison, the City of Missoula will get an allocation of $533,969. The City of Billings will collect $651,536 and the State of Montana will secure $6,172,506 in funds. The City’s allocation will total nearly $1.6 million over the course of five years. HUD uses a dual formula to calculate awards. Formula A has a 50% weight on the number of persons in poverty, a 25% weight on total population, and a 25% weight on the number of overcrowded households. Formula B has a 50% weight on the number of housing units built before 1940, a 30% weight on the number of persons in poverty, and a 20% weight on population growth lag from 1960. This dual formula 329 6 | Page enables CDBG dollars to specifically target communities with the most pressing needs and the least ability to address those needs with their own resources. Economic Vitality Board Recommendation A public hearing before the Economic Vitality Board (EVB) was held on June 5, 2024, to provide the public an opportunity to comment on the plan development process, community engagement strategy, and to identify other significant housing and community development needs in the city. The EVB discussed how far the limited funds would go and what types of projects or activities could be funded with this CDBG allocation and what the scale and impact of those activities might be. The board stated that the City’s priorities should match the scale of funding and staffing and other resources available. The EVB supported staff’s recommendation to prioritize transitional and emergency housing for the unhoused residents living in this community. The EVB unanimously agreed that addressing homelessness is a critical need in the community and that the City should focus on the most at-risk population. The City should target funding at lower AMI ranges and activities where there are not currently sufficient funding sources. The EVB discussed how crucial transitional and emergency housing is and that this is an issue that keeps coming up in community engagement efforts year over year, and that it is important for the City to listen to the community. The board stated that hundreds of people transition in and out of the current homeless shelter, and that funding projects to house and support these individuals can be life-changing and even lifesaving. In addition to supporting transitional and emergency housing as a top funding priority, the EVB recommended that housing rehabilitation and preservation, as well as universal design for the elderly and persons living with disabilities should be prioritized in the ConPlan and AAP. The board stated that maintaining existing affordable housing stock prevents displacement of our residents and workforce. Adequate workforce housing helps small business attract and retain staff and stay open. This supports local businesses and stabilizes the economy. Similarly, universal design projects help house the elderly and persons living with disabilities so they can remain independent in the community. The EVB voted unanimously to recommend that transitional and emergency housing for the unhoused, universal design for the elderly and persons with disabilities, and housing rehabilitation and preservation be prioritized in the ConPlan and AAP. Furthermore, the board recommended that CDBG funding be used to support the unhoused, particularly with transitional and emergency housing in any capacity that is an allowable use of CDBG. Conclusion The ConPlan is a guiding document and a tool the City of Bozeman can use to influence how federal housing and community development dollars are spent in our community. The ConPlan merges into one process, and one document, all the planning and applicable requirements of the CDBG program. This long- term plan must be done at least every five years. It must indicate general priorities for allocating CDBG monies and must describe the rationale for the fund allocation priorities. The purpose of this public hearing is to the give the community the opportunity to provide feedback to City staff about the 2024- 2029 Consolidated Plan, 2024 Annual Community Housing Action Plan, and Fair Housing Equity Plan. In addition, the City Commission will be asked to determine the City’s top strategic priorities to be included in the 2024 Action Plan, and to determine the City’s top funding priorities for the use of CDBG funds. 330 CDBG Consolidated Plan & Fair Housing Plan City of Bozeman Denver, Colorado 80220970-880-1415hello@rootpolicy.com PRESENTED BY Mollie Fitzpatrick, Managing Director Detailed Overview Slides for Commissioner Packet 331 WHAT IS A “CDBG CONSOLIDATED PLAN?” A planning document required by the U.S. Department of Housing and Urban Development (HUD) as a condition of receiving housing and community development funding (CDBG funds). It uses a combination of data and community outreach to determine the top housing needs, community development concerns, and gaps in supportive services for low- and moderate- income populations in cities and counties WHAT IS A “FAIR HOUSING PLAN?” A Fair Housing Plan, or “Equity Plan,” prepared by a HUD program participant, commits the program participant to goals (and expenditures of HUD funds) that advance equity in housing, community development programs, and residents’ access to well-resourced areas, opportunity, and community assets. It is developed with the input of the community and consists of an analysis of fair housing data and issues, a prioritization of the issues that would be address, and the establishment of and commitment to undertake fair housing goals. 332 HOW DO THESE REPORTS RELATE TO OTHER CITY PLANS ON HOUSING AND EQUITY? The CDBG Con Plan and the Fair Housing Plan are not intended to replace the City’s other housing and equity plans, including Belonging in Bozeman and the Community Housing Action Plan. Rather the HUD reports draw from City plans and build on previous analyses to comply with HUD reporting requirements (as a condition of receiving CDBG). ➢The Con Plan provides the vision, goals, and plan specifically for allocating CDBG funds granted to the City by HUD. These funds must benefit low- and moderate-income households. ➢The Fair Housing Plan meets the federal standards for evaluating fair housing challenges in Bozeman and identifying actions to promote fair housing choice in compliance with the Federal Fair Housing Act. 333 4 Plan Development Revise & Submit to HUD Public CommentDraft PlanCommunity EngagementData analysisExisting plan review 334 Community Engagement •Drew extensively from recent City efforts that engaged residents and stakeholders on housing and equity (Belonging in Bozeman, Community Housing Needs Assessment, Bozeman Community Plan, Economic Development Strategy, etc.) •Supplemented with tailored engagement specific to Con Plan and Fair Housing efforts: ➢Formal presentations (open to the public) with City Commission, Economic Vitality Board, Inter- Neighborhood Council, and the Community Development Board; ➢Stakeholder consultation with housing agencies and service providers; ➢Focus groups with vulnerable resident populations; and ➢Community needs survey (in English and Spanish). •Currently holding a 30-day draft public comment period 335 CDBG Consolidated Plan Overview 336 WHAT ARE CDBG FUNDS? The Community Development Block Grant (CDBG) program provides eligible jurisdictions (“entitlement communities") with annual direct grants that they can use to revitalize neighborhoods, expand affordable housing and economic opportunities, and/or improve community facilities and services, principally to benefit low- and moderate-income persons. Allocation amounts are based on a HUD formula that uses both community size and need (as measured by HUD-defined housing problems and incomes). Bozeman can expect to receive about $325,000 per year in CDBG funds for the next 5 years. Prior to becoming an entitlement community, non-profits in Bozeman could apply to the state for a portion of state CDBG funds; now the City will have more influence on local allocations of CDBG dollars. 337 HOW CAN THE CITY USE CDBG FUNDING? Acquisition of real property Relocation and demolition Rehabilitation of residential and non-residential structures Construction of public facilities and improvements Activities relating to energy conservation and renewable energy resources Public services (15% max) Economic development and job creation/ retention activities Administration of grant (20% max) 338 HOW SHOULD I READ THE CON PLAN? The CDBG Consolidated Plan fits a prescribed Q&A style structure from HUD’s online reporting system that applies to all jurisdictions, regardless of size, HUD grants, or funding amounts: ▪ES: Executive Summary ▪PR: Process (Lead Agency and Consultation) ▪NA: Needs Assessment ▪MA: Housing Market Analysis ▪SP: 5-Year Strategic Plan (goals, priorities, and expected resources) ▪AP: 1-Year Action Plan (expected funding, goals, and projects) Because all entitlement communities prepare the same document structure for HUD, not all sections of the Con Plan are perfectly applicable to all jurisdictions (e.g., questions related to housing authorities where there is no PHA). The most important components to review to provide input for CDBG investments in Bozeman are goals and priorities in the Strategic Plan (sections SP-25, 35, 45) and funding and project info in the Annual Action Plan (sections AP-15, 20, and 35). 339 10 Identified Needs The greatest housing and community development needs in Bozeman identified through the development of the CDBG Con Plan include: ▪More affordable rental housing options, particularly for local workforce; ▪More affordable homeownership opportunities; ▪More transitional housing and emergency shelter options; ▪More accessible housing and supportive housing; ▪Increased access to critical community services, such as mental health services, chemical dependency services, and affordable and available childcare. 340 11 Bozeman’s 5-Year CDBG Goals 1.Increase, protect and preserve affordable rental and homeownership housing opportunities by improving access to a diverse set of affordable housing, including but not limited to, naturally occurring affordable housing (NOAH), supportive housing for seniors and residents living with disabilities, and accessible housing. 2.Improve housing stability for individuals and households with critical needs, including persons experiencing or at-risk of homelessness by providing appropriate housing and service solutions grounded in Housing First approaches, including but not limited to, emergency shelter, transitional housing, and other supportive services. 3.Improve community services by addressing critical needs and promoting equity through improved or increased access to community programming, including but not limited to, mental health services, chemical dependency services, and affordable and available childcare. 4.Planning and Administration to support the goals articulated above.341 Proposed CDBG Funding Plan 2024-2028 Goal Needs Addressed Year 1 Funding Cumulative 5-Year Funding 1. Increasing and Preserving Housing Options •Affordable rental housing •Affordable homeownership •Accessible housing $0 $846,355 2. Supporting Vulnerable Populations Emergency shelter and transitional housing $212,687 $212,687 3. Critical Community Services (15% max)Community Services $48,000 $244,394 4. Planning and Administration (20% max)Planning and Administration $65,172 $325,859 HUD caps CDBG spending on public services at 15% of total allocation and spending on admin at 20%.342 Fair Housing Plan Overview 343 14 Fair Housing Challenges •Shortage of affordable and accessible housing units. There is a significant shortage of affordable and accessible housing units in the city, which disproportionately impacts low-income households—primarily minorities—and households with individuals living with a disability. •Disparate access to opportunity. As articulated in Section IV of the report, Indigenous residents in Bozeman have the lowest English and Math proficiency rates among K-8 students by race and ethnicity, as well as the lowest high school graduation rates and highest unemployment rate among city residents. Residents and stakeholders also highlighted transportation challenges in the city, which primarily impact low-income households, Hispanic/Latino immigrants, and residents living with disabilities. Challenges include market factors that may be outside City’s sphere of influence. 344 15 Fair Housing Challenges •Barriers to homeownership. Households of color have lower rates of homeownership compared with non-Hispanic White households in Bozeman. Significant gaps in homeownership exist for Black/African American and Hispanic households in Bozeman. Additionally, Hispanic applicants are more than twice as likely to receive high-priced loans compared with non-Hispanic White applicants. •Lack of access to fair housing resources. Nearly half of survey respondents who reported experiencing housing discrimination (46%) identified a need for more resources and education for residents related to fair housing and how to respond to housing discrimination. •Lack of access to translation and interpretation services. Stakeholders articulated a need for more translation and interpretation services provided by the City, specifically Spanish. Challenges include market factors that may be outside City’s sphere of influence. 345 16 Proposed Fair Housing Actions Actions are structured around Con Plan goals and aligned with Belonging in Bozeman. •To achieve the Belonging in Bozeman goal to “Promote aging in place and universally accessible residential development,” the City provide developer education/training on adaptable and universal design and may also offer home-buyer and renter education on universal design. •Explore potential incentives that could enable aging in place and universal design. •Continue prioritizing investment in innovative models to increase affordable ownership. •Explore policies that address disparities in access to homeownership. Con Plan Goal 1. Increasing and Preserving Housing Options. •UDC update in alignment with vision and goals established in Bozeman’s guiding documents. Planned or Potential Fair Housing Actions Current or Ongoing Fair Housing Actions 346 17 Proposed Fair Housing Actions Actions are structured around Con Plan goals and aligned with Belonging in Bozeman. The City is working with partners on a coordinated strategy to address homelessness including: •Identify and prioritize Housing First approaches; •Support partners by funding transitional and emergency housing programs; •Work with partners to leverage creative funding mechanisms, incentives, and existing assets to increase long-term affordable housing supply. Planned or Potential Fair Housing Actions Con Plan Goal 2. Supporting Vulnerable Populations. 347 18 Proposed Fair Housing Actions Actions are structured around Con Plan goals and aligned with Belonging in Bozeman. •Develop a fair housing page on the City’s website. •Support Belonging in Bozeman goal to “Increase community knowledge in housing issues,” by hosting landlord/tenant workshops on fair housing, vouchers, and community ownership models. •Develop a Language Access Plan. Con Plan Goals 3. Critical Community Services; and 4. Admin: Planned or Potential Fair Housing Actions Support Belonging in Bozeman goal to “Address language barriers to local government services and public engagement processes,” by: •Training frontline staff to use on-demand interpretation services •Providing multilingual learning opportunities for staff, as well as compensating multilingual staff for providing translation services. Current or Ongoing Fair Housing Actions 348 19 Next Steps Revise & Submit to HUD Public CommentDraft PlanCommunity Engagement Data analysis Existing Plan Review Ongoing! Comment period closes on July 31. Due Aug. 15 349 Discussion •Are you comfortable with the priorities and proposed funding plan for Year 1, which prioritize solutions for people experiencing homelessness (after 15% on services and 20% on admin)? •Are you comfortable with the priorities and proposed funding plan for subsequent years in the 5-year period, which direct resources to increasing and preserving housing options (after 15% on services and 20% on admin)? •Other thoughts, comments, suggestions? 350 351 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney Chuck Winn, City Manager SUBJECT:A Resolution Declaring the Pride Flag and Its Variants to be Official Flags of the City of Bozeman MEETING DATE:July 15, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt the Resolution. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:The Montana Legislature recently adopted HB819 establishing a new law related to the State's and local governments' display of flags. This item provides the City Commission the opportunity to determine whether to declare the Pride Flag and its variants as official flags of the City. The resolution attached provides details. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS: Adopting the Pride flag may draw increased attention to the City’s diversity, equity, and inclusion initiatives and related executive orders. This could invite legal challenges or public scrutiny, leading to unplanned legal costs and additional staff time to respond. The increased attention could also lead to closer examination of other City initiatives, potentially complicating federal grant processes if concerns are raised about compliance with executive orders. Attachments: Resolution Declaring Pride Flag Municipal Flag Final.docx Report compiled on: June 24, 2025 352 Version February 2023 Page 1 of 2 RESOLUTION __________ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE PRIDE FLAG AND ITS VARIANTS TO BE OFFICIAL FLAGS OF THE CITY OF BOZEMAN. WHEREAS, the Bozeman City Commission, as the legislative body of the City pursuant to the Bozeman City Charter, has the authority to determine which flags are declared the official flags of the City; and WHEREAS, the City has an existing official flag first displayed on June 29, 1966; and WHEREAS, the City’s tradition and history is to adopt policies that ensure the City’s operations and services are free from bias and discrimination and supportive of the diversity that exists in the City; and WHEREAS, the City has displayed the Pride Flag since at least 2022 as a symbol of unity for all citizens of Bozeman; and WHEREAS, in 2025, the Montana Legislature adopted HB819, establishing the City’s authority to display its official flags; and WHEREAS, the display of the Pride Flag, or one of its recognized variants, serves a neutral governmental function in honoring the history and tradition of the City in support of its citizens; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: The Pride Flag, and its variants, are hereby declared official flags of the City of Bozeman. The City Manager is authorized to display the Pride Flag or any of its variants at all City owned facilities according to the standard practices for the display of flags. The Mayor or the City Manager may determine when and where variants of the Pride Flag will be displayed. Nothing 353 Version February 2023 Page 2 of 2 herein rescinds the current official City Flag, nor can this resolution be construed to limit the authority of the Bozeman City Commission to establish additional official flags of the City. This resolution shall be effective immediately upon passage, adoption, and approval by the City Commission of the City of Bozeman. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 354 Page 1 of 3 RESOLUTION 2025-23 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 244355 Page 2 of 3 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, 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 245356 Page 3 of 3 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 246357 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: RESOLUTION 2025-23 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. Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 247358 _________________________ Mike Maas City Clerk P.O. Box 1230 Bozeman, MT 59771 (406) 582-2320 Legal Ad Publish: June 14, 2025 June 21, 2025 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 248359 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 249360 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 250361 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 251362 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 252363 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 253364 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 Missing Sidewalk Location Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 254365 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 Docusign Envelope ID: 40A1462B-8DD3-4662-8C01-E9E16447C165 255366 Certificate Of Completion Envelope Id: 40A1462B-8DD3-4662-8C01-E9E16447C165 Status: Completed Subject: Complete with Docusign: G.9 Res 2025-23 of Intent to Order Sidewalks Valley West and The Lakes.pdf Source Envelope: Document Pages: 12 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 2 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 208.94.236.100 Record Tracking Status: Original 6/10/2025 3:08:32 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.231.86.245 Signed using mobile Sent: 6/10/2025 6:30:07 PM Viewed: 6/10/2025 9:47:21 PM Signed: 6/10/2025 9:48:08 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 6/10/2025 9:48:09 PM Viewed: 6/11/2025 8:26:56 AM Signed: 6/11/2025 8:27:11 AM Electronic Record and Signature Disclosure: Accepted: 6/11/2025 8:26:56 AM ID: 482ab1e8-a8c2-45e9-afb5-8e54fc8625bc Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.100 Sent: 6/11/2025 8:27:12 AM Viewed: 6/11/2025 9:01:59 AM Signed: 6/11/2025 9:05:29 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp 256367 Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kellen Gamradt kgamradt@bozeman.net COB Engineer II Security Level: Email, Account Authentication (None) Sent: 6/11/2025 9:05:31 AM Viewed: 6/12/2025 7:51:59 AM Electronic Record and Signature Disclosure: Accepted: 2/3/2020 8:16:58 AM ID: f6481adb-a8df-4324-8a7b-21bc2f5e4b0d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/10/2025 6:30:07 PM Envelope Updated Security Checked 6/11/2025 9:05:09 AM Certified Delivered Security Checked 6/11/2025 9:01:59 AM Signing Complete Security Checked 6/11/2025 9:05:29 AM Completed Security Checked 6/11/2025 9:05:31 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 257368 CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Terry Cunningham, Greg Sullivan, Mike Maas, Kellen Gamradt 258369 How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you. 260371 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 128372 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 129373 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 130374 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 131375 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 132376 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 133377 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 134378 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 135379 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 136380 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 137381 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: Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 138382 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 139383 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 140384 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 141385 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 142386 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 143387 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 144388 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 145389 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 146390 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 147391 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 148392 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 149393 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 150394 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 151395 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 152396 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, Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 153397 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 154398 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 155399 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 156400 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 157401 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 158402 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 159403 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 160404 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 161405 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 162406 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 163407 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 164408 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 165409 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 166410 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 167411 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 168412 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 169413 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 170414 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 171415 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 172416 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 173417 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 174418 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 175419 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 176420 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 177421 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 178422 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 179423 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 180424 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). Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 181425 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 182426 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 183427 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 184428 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 185429 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 186430 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 187431 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 188432 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 189433 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; Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 190434 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] Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 191435 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) Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 192436 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 193437 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 194438 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 195439 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 196440 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 197441 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. Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 198442 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 Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52 199443 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: 136CDocusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52200444