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HomeMy WebLinkAbout01-06-26 City Commisssion Agenda and 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. Swearing in of Newly Elected Officials E. FYI F. Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 6, 2026 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 Outgoing Mayor Remarks Swearing in Ceremony for Mayor Joey Morrison and Welcome Remarks Swearing in Ceremony for Deputy Mayor Douglas Fischer Swearing in Ceremony for Commissioner Emma Bode Swearing in Ceremony for Commissioner Alison Sweeney 1 G. Consent G.1 Approve Merit Increase to Base Salary for City Manager Chuck Winn (Tozer) G.2 Accounts Payable Claims Review and Approval (Edwards) G.3 Accept and approve state and local shared revenue and associated expenditures for the Bozeman Public Library for Fiscal Year 2026 (FY26).(Gregory) G.4 Authorize the City Manager to sign Amendment 1 to the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD)(Butts) G.5 Authorize the City Manager to Sign the City of Bozeman FY24 Safe Streets and Roads for All Grant Agreement with the Federal Highway Administration(Lonsdale) G.6 Authorize the City Manager to Sign AIA Document B121 Master Services Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget with Hennebery Eddy Architects, Inc. for Architectural Services Related to Public Works Facilities Expansion(Henderson) G.7 Approve the Final Plat for the Aaker Phase 1 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 24386 (Montana)(Montana) G.8 Authorize the City Manager to Sign a Professional Services Agreement with Whole System Performance, LLC for Community Housing Consensus-Based Engagement Facilitation for a Fowler Housing Project(Fine) G.9 Authorize the City Manager to Sign a Third Amendment to the Cooperative Purchasing Agreement with Steelcase for Furniture and Related Services for the City Hall Renovation Project(Miller) G.10 Authorize the City Manager to Sign Amendment No. 1 to Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Bidding Phase Services for the WRF Solar Project.(Heaston) G.11 Authorize the City Manager to sign Task Order No. 5 of the Professional Services Master Task Order Agreement with HDR Engineering Inc. Providing Technical Assistance for the Renewal of the MPDES Discharge Permit for the Water Reclamation Facility.(Heaston) G.12 A Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with MontanaCode Annotated 7-32-4108 and 7-32-4113.(Veltkamp) G.13 Resolution Authorizing the City Manager to Retire Police K9 "Stretch" and Execute An Agreement with Aaron Conner to Transfer "Stretch."(Veltkamp) 2 G.14 Approve the Resolution Authorizing the City Manager to Sign Change Order 2 for the WRF MCC Installation Project.(Heaston) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Adjourn to Reception in the Lobby This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 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:Cassandra Tozer, Human Resources Director SUBJECT:Approve Merit Increase to Base Salary for City Manager Chuck Winn MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Approve a three percent (3.0%) merit increase to City Manager Chuck Winn's base salary, effective December 28, 2025, in accordance with the current Employment Agreement between the City of Bozeman and Chuck Winn. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:Article VI., Compensation, in the Employment Agreement between the City of Bozeman and Chuck Winn allows for the City Commission to make merit- based adjustments to the City Manager's base salary. Any merit-based adjustments must be approved by a vote of the City Commission. Based on the City Commission's performance evaluation of Mr. Winn in December 2025, the City Commission is voting to provide a three percent (3.0%) merit increase to his base salary, effective December 28, 2025. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:To be absorbed within FY26 budget. Report compiled on: December 30, 2025 4 Memorandum REPORT TO:City Commission FROM:Rhonda Edwards, Accounts Payable Clerk Serena Axelson, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:January 6, 2026 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 January 7, 2026. 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 5 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Manager Susan Gregory, Library Director SUBJECT:Accept and approve state and local shared revenue and associated expenditures for the Bozeman Public Library for Fiscal Year 2026 (FY26). MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Finance RECOMMENDATION:Accept and approve state and local shared revenue and associated expenditures for the Bozeman Public Library for Fiscal Year 2026 (FY26). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman Public Library receives annual shared revenue from both state and local sources. Revenue and associated expenditure amounts are higher than anticipated in the FY26 Adopted Annual Operating Budget. Accepting and approving the revenues and associated expenditures will allow the City to establish budget authority in alignment with MCA 7-6-4006(3)(c). There are three sources of funding for the Library that will be higher than anticipated. The first revenue source is Gallatin County. Instead of operating a separate county library, Gallatin County provides a portion of their property tax revenue to public libraries within the Gallatin County Public Library District (MCA 22-1-701). The City receives approximately 70% of this funding annually for providing library services to all Gallatin County residents. The County also sets aside a separate reserve for future capital projects, which can be applied for every year. The current balance of the capital reserve allocated to Bozeman is $255,705. For FY26, the allocation to the Bozeman Public Library is $1,100,482, including $100,000 from the County-held capital reserve for the Children’s Area Remodel. The Bozeman Public Library also receives state aid under MCA 22-1-326. State aid is intended to strengthen and expand public library services, broaden access to information, and support new or enhanced services based on local needs. The annual allocation is calculated on a per-capita and per- square-mile basis, with the statewide base amount established at 50 cents per Montana resident, as determined by the most recent decennial U.S. Census. The FY26 amount for state aid is $37,296. State Aid is accounted for 6 in a separate fund to ensure it is used for intended purposes and does not subsidize or supplant general operating funds of the library. The Library also receives funding through the Broad Valley Federation of Montana, which is primarily supported by Coal Severance Tax revenue. These funds are distributed on a population basis and support a range of library services, including operations, continuing education, resource sharing, programming, outreach, professional development, and technology. Total Federation funding for FY26 is $11,260. UNRESOLVED ISSUES:None ALTERNATIVES:N/A FISCAL EFFECTS:Acceptance of the state and county shared revenue will allow the City to establish budget authority for the use of these funds. Upon Commission approval, budget appropriations will be amended to include the shared revenue amounts received, in alignment with MCA 7-6-4006(3)(c). As part of the City’s budgeting practice, line items are generally rounded to the nearest $100. For items fully offset by known revenue sources, amounts are rounded up to the nearest $100 to avoid any shortfall in budget authority. Attachments: FY26 Library Services Contract.pdf FY26 Broad Valley Federation Plan of Service.pdf FY26 State Funding Deposits.pdf Report compiled on: December 19, 2025 7 8 9 10 Revenue available: $53,196.34 Date Plan of Service was approved Budget Summary Program 0 – Administrative Expenses $1,363.34 Program 1 – Annual Meetings $7,800.00 Program 2 – Continuing Education $3,000.00 Program 3 – Resource Sharing and Technology $0.00 Program 4 – Community Outreach $0.00 Program 5 – Building Planning $0.00 Total amount that will be granted to individual libraries $41,033.00 Total expenditures - should equal revenue $53,196.34 Program Summary Program 0 - Admin Costs Estimated expenses for Admin program Coordinator Stipend $700.00 Travel to 2 MSL Commission Meetings & $663.34 Costs for supplies and communication $0.00 Other (please enter description)$0.00 Total for Program 0 - Admin $1,363.34 Broad Valleys Federation Plan of Service FY26 (July 2025 - June 2026) Several administrative functions are centralized at the State Library, but Federation members may want to authorize a stipend to the federation coordinator. Federations may also allocate funds to pay for communication costs, travel, supplies or other federation-specific expenses. 11 Program 1 - Annual Meetings Estimated expenses for Annual Meeting program Hotel, per diem x 35 rooms $4,025.00 Food, GSA per diem x 35 $1,575.00 Meeting room & AV, 2 days $1,200.00 Funding for trustee training held at the m$1,000.00 Total expenses for Program 1 - Annual M$7,800.00 Program 2 - Continuing Education Estimated expenses for Continuing Education program Funding for individual libraries to use for $3,000.00 Other (please enter description) Total expenses for Program 2 - Continuin $3,000.00 Program 3 - Resource Sharing and Technology Estimated expenses for Resource Sharing/Tech Other (please enter description) Other (please enter description) Total Expenses for Program 3 - Resource $0.00 Program 4 – Community Outreach Estimated expenses for Community Outreach Other (please enter description) Other (please enter description) Total Expenses for Program 4 - Comm. O $0.00 Funds for this program are used to support the costs associated with professional development for librarians, library staff, and trustees. Examples of acceptable costs include, but are not limited to registration fees, course fees, travel costs, and purchase of materials needed for continuing education. Funds in this program are used to support interlibrary loan, courier, and book club kits as well as covering technology needs a library may have such as specific software and/or hardware. Examples of ways to use funds include, but are not limited to OCLC, MSC, Courier costs, postage, book club kits, Internet, hardware, peripherals, and software. Funds for this program are used to support outreach and marketing to the community. Examples of acceptable spending in this category include but are not limited to: costs associated with summer reading programs, homebound services, books by mail, and any promotional materials. Money for this program goes towards meeting room costs, trainer costs, meals, and any supplies or communication costs needed to run the federation's annual meetings. 12 Program 5 – Building Planning Estimated expenses for Building Planning Other (please enter description) Other (please enter description) Total Expenses for Program 5 - Bldg Plan $0.00 Amount awarded to each library $2,096.81 Coordinator library amount includes federation wide expenses Member Libraries Amount Belgrade Community Library $2,096.81 Bozeman Public Library $11,260.14 Broadwater School and Community Library $2,096.81 Butte-Silver Bow Public Library $2,096.81 Dillon Public Library $2,096.81 Drummond School & Community Library $2,096.81 Hearst Free Library $2,096.81 Jefferson County Library - Boulder $2,096.81 Lewis and Clark Library $2,096.81 Livingston-Park County Public Library $2,096.81 Madison Valley Public Library $2,096.81 Manhattan Community School Library $2,096.81 Meagher County/City Library $2,096.81 North Jefferson County Library District Clancy Library $2,096.81 Philipsburg Public Library $2,096.81 Sheridan Public Library $2,096.81 Thompson-Hickman Madison County Library $2,096.81 Three Forks Community Library $2,096.81 Twin Bridges Public Library $2,096.81 West Yellowstone Public Library $2,096.81 William K. Kohrs Memorial Library $2,096.81 Total amount awarded to libraries $53,196.34 Funds used in this program support the costs of planning for the best use of space directly related to federation-wide activities. Costs may include but are not limited to: consultant fees and travel, design models, wireless 13 Federation Library Name Vendor Name Per Capita FederationAwardTotal checkBroad Valleys Belgrade Community Library City of Belgrade 7,700.35 2096.81 $9,797.16Broad Valleys Bozeman Public Library City of Bozeman 37,296.01 11260.14 $48,556.15Broad Valleys Broadwater School and Community Lib County of Broadwater3,475.732096.81 $5,572.54Broad Valleys Butte-Silver Bow Public Library Butte-Silver Bow Consolidated 15,552.73 2096.81 $17,649.54Broad Valleys Dillon Public Library Town of Dillon 6,482.88 2096.81 $8,579.69Broad Valleys Drummond School & Community LibrarDrummond School & Community Library Distr1,040.87 2096.81 $3,137.68Broad Valleys Hearst Free Library Anaconda Deer Lodge County 4,408.50 2096.81 $6,505.31Broad Valleys Jefferson County Library - Boulder Jefferson County 2,777.22 2096.81 $4,874.03Broad Valleys Lewis and Clark Library Lewis & Clark County Library 32,305.99 2096.81 $34,402.80Broad Valleys Livingston-Park County Public Library Livingston City of Treasurer 8,677.89 2096.81 $10,774.70Broad Valleys Madison Valley Public Library Town of Ennis 802.63 2096.81 $2,899.44Broad Valleys Manhattan Community School Library Manhattan Town of3,848.78 2096.81 $5,945.59Broad Valleys Meagher County/City Library Meagher County 1,874.85 2096.81 $3,971.66Broad Valleys North Jefferson County Library District Jefferson County 3,185.22 2096.81 $5,282.03Broad Valleys Philipsburg Public Library Philipsburg Area Community Library District 1,146.28 2096.81 $3,243.09Broad Valleys Sheridan Public Library Town of Sheridan 665.64 2096.81 $2,762.45Broad Valleys Thompson-Hickman Madison County LiMadison County3,393.862096.81 $5,490.67Broad Valleys Three Forks Community Library Town of Three Forks 2,110.18 2096.81 $4,206.99Broad Valleys Twin Bridges Public Library Town of Twin Bridges 441.81 2096.81 $2,538.62Broad Valleys West Yellowstone Public Library Town of West Yellowstone 1,793.21 2096.81 $3,890.02Broad Valleys William K. Kohrs Memorial Library William K. Kohrs Memorial Library 4,025.03 2096.81 $6,121.84Golden Plains Daniels County Library Daniels County 1,339.41 3903.73 $5,243.14Golden Plains Glasgow City-County Library Town of Glasgow 5,483.19 3903.73 $9,386.92Golden Plains James E. Shanley Tribal Library Fort Peck Community College 3,558.00 1000 $4,558.00Golden Plains Phillips County Library Phillips County 4,090.41 3903.73 $7,994.14Golden Plains Roosevelt County Library Roosevelt County 5,710.09 3903.73 $9,613.82Golden Plains Sheridan County Library Sheridan County 2,275.38 9413.72 $11,689.10Pathfinder Belt Public Library Town of Belt 637.76 2099.13 $2,736.89Pathfinder Blaine County Library Blaine County 2,980.72 8087.03 $11,067.75Pathfinder Choteau/Teton Public Library Teton County 1,716.53 2099.03 $3,815.56Pathfinder Chouteau County Library Chouteau County 4,291.12 2599.03 $6,890.15Pathfinder Conrad Public Library Town of Conrad 2,215.40 2099.03 $4,314.43Pathfinder Dutton/Teton Public Library Teton County 854.12 2099.03 $2,953.15Pathfinder Fairfield/Teton Public Library Teton County 1,124.68 2099.03 $3,223.71 14 Pathfinder Glacier County Library Glacier County 7,293.99 2099.03 $9,393.02Pathfinder Great Falls Public Library City of Great Falls 36,479.87 2099.03 $38,578.90Pathfinder Harlem Public Library Blaine County 1,913.65 2099.03 $4,012.68Pathfinder Havre-Hill County Library City of Havre Treasurer 8,340.19 2099.03 $10,439.22Pathfinder Liberty County Library Liberty County 1,477.59 2099.03 $3,576.62Pathfinder Stone Child College Library Stone Child College 2,119.00 0 $2,119.00Pathfinder Toole County Library Toole County 3,000.31 2099.03 $5,099.34Pathfinder Valier Public Library Town of Valier 1,055.02 2099.03 $3,154.05Pathfinder Wedsworth Memorial Library Town of Cascade 678.20 2099.03 $2,777.23Sagebrush Ekalaka Public Library Town of Ekalaka 2,066.32 2035.67 $4,101.99Sagebrush Fallon County Library Fallon County 2,026.75 2035.67 $4,062.42Sagebrush Garfield County Free Library Garfield County 2,612.46 2035.67 $4,648.13Sagebrush George McCone Memorial County LibraMcCone County 1,913.59 2035.67 $3,949.26Sagebrush Glendive Public Library Dawson County Treasurer 4,912.29 2035.67 $6,947.96Sagebrush Henry A Malley Memorial Library Powder River County 2,165.96 2035.67 $4,201.63Sagebrush Miles City Public Library Miles City 6,793.53 10202.69 $16,996.22Sagebrush Prairie County Library Prairie County 1,227.81 2035.67 $3,263.48Sagebrush Sidney-Richland County Library Richland County 5,897.66 2035.67 $7,933.33Sagebrush Wibaux Public Library Wibaux County 792.68 2035.67 $2,828.35South Central Bicentennial Library of Colstrip Rosebud County 0.00 2217.94 $2,217.94South Central Big Horn County Public Library Big Horn County 7,869.23 2217.94 $10,087.17South Central Billings Public Library City of Billings 69,427.43 2217.94 $71,645.37South Central Bridger Public Library Town of Bridger 1,303.56 2217.94 $3,521.50South Central Carnegie Public Library Big Timber City of Treasurer 2,403.45 2217.94 $4,621.39South Central Denton Public Library Town of Denton 299.74 2217.94 $2,517.68South Central Dorothy Asbjornson Community LibraryTown of Winifred 279.91 2217.94 $2,497.85South Central Harlowton Public Library Town of Harlowton 2,383.74 2217.94 $4,601.68South Central Joliet Public Library Town of Joliet 1,317.18 2217.94 $3,535.12South Central Judith Basin County Free Library Judith Basin County 1,689.03 2217.94 $3,906.97South Central Laurel Public Library City of Laurel 3,183.55 8796.53 $11,980.08South Central Lewistown Public Library City of Lewistown 5,979.94 2217.94 $8,197.88South Central Moore Memorial Public Library Town of Moore 292.98 2217.94 $2,510.92South Central Petroleum County School-Community LPetroleum County Treasurer 941.60 2217.94 $3,159.54South Central Red Lodge Carnegie Library Red Lodge City of Treasurer 2,816.70 2217.94 $5,034.64South Central Rosebud County Library Rosebud County 6,550.79 2217.94 $8,768.73 15 South Central Roundup School-Community Library Musselshell County Schools Dist 55&55H 2,863.87 2217.94 $5,081.81South Central Stillwater County Library Stillwater County 4,671.62 2217.94 $6,889.56South Central Woodenlegs Library Chief Dull Knife College 2,300.50 0 $2,300.50Tamarack Bitterroot Public Library City of Hamilton 12,404.02 3529.18 $15,933.20Tamarack Darby Community Public Library Darby Community Public Library District 2,474.18 3529.18 $6,003.36Tamarack Flathead County Library Flathead County 44,014.66 3529.18 $47,543.84Tamarack Lincoln County Library Lincoln County 10,130.26 3529.18 $13,659.44Tamarack Mineral County Public Library Mineral County 2,498.06 3529.18 $6,027.24Tamarack Missoula Public Library Missoula County 52,291.31 3529.18 $55,820.49Tamarack North Lake County Public Library North Lake County Public Library 5,840.76 10896.92 $16,737.68Tamarack North Valley Public Library North Valley Public Library 5,326.18 3529.18 $8,855.36Tamarack Plains Public Library District Sanders County 2,384.06 3529.18 $5,913.24Tamarack Preston Hot Springs Town-County LibraTown of Hot Springs 1,189.09 3529.18 $4,718.27Tamarack Ronan Library District Ronan Library District 4,048.05 3529.18 $7,577.23Tamarack St Ignatius School-Community Library St Ignatius School District 4,334.88 3529.18 $7,864.06Tamarack Thompson Falls Public Library Sanders County 3,016.35 3529.18 $6,545.53Tamarack Whitefish Community Library City of Whitefish 3,536.44 3529.18 $7,065.62 16 Memorandum REPORT TO:City Commission FROM:Jeff Butts, MPO Manager SUBJECT:Authorize the City Manager to sign Amendment 1 to the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD) MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign Amendment 1 to the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:This action updates the existing Metropolitan Transportation Planning Funding Agreement between the City of Bozeman and the Gallatin Valley Urban Transportation District (UTD) to align with the State of Montana’s modified Disadvantaged Business Enterprise (DBE) goal for Federal Transit Administration (FTA) Section 5303 metropolitan planning funds. The amendment reflects the State’s current DBE goal of DBE-neutral (0.0%) for the applicable federal fiscal year. No contract scope, funding amounts, or program activities are changed by this update. The revised agreement will continue to govern the City’s role as the MPO pass-through entity for Section 5303 funds and UTD’s responsibilities as a subrecipient, while ensuring compliance with current State and FTA DBE requirements. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Amendment 1 to Section 5303 Planning Contract with Montana Department of Transportation.pdf 17 Report compiled on: December 16, 2025 18 SECTION 5303 PLANNING CONTRACT #114067 AMENDMENT #1 Catalog of Federal Domestic Assistance CFDA #20.505 Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research This amendment is entered into between the State of Montana, Department of Transportation, Transportation Rail, Transit, & Planning Division, 2701 Prospect Avenue, PO Box 201001, Helena, Montana (State) and City of Bozeman, Gallatin Valley Urban Transit District, P.O. Box 1230, Bozeman, MT 59771-1230, and Unique Entity ID (UEI) EEAPKALAEM35 (Sub-recipient). This Amendment #1 serves as a modification to the original Section 5303 Planning Contract #114067 (Contract). Section 2.12 of the Contract (Participation by Disadvantaged Business Enterprises) is removed and replaced with the following: (1) SUB-RECIPIENT and all Third Party Participants (at every tier) must comply with applicable federal and state laws regarding DBEs, including but not limited to 49 CFR Part 26. SUB-RECIPIENT agrees to comply with and require all Third Party Participants (at every tier) to comply with all MDT DBE Program requirements. SUB- RECIPIENT agrees to comply with the DBE language in Attachment A and include it in all agreements and contracts with Third Party Participants. (2) MDT’s agency-wide FTA approved DBE-neutral goal (DBE goal) is 0.0%. The Subrecipient and all Third-Party Participants agree to make a good faith effort to contribute to meeting the most current FTA-approved DBE goal set forth on the MDT OCR website. (3) Montana's DBE directory is located at the following website: https://mdt.mt.gov/business/contracting/civil/dbe.aspx. SUB-RECIPIENT and Third Party Participants can request quotes from DBE-certified companies by using the online form located at the following website: https://app.mdt.mt.gov/dbeqt. The information in the online request is transmitted to DBE-certified companies the same day it is submitted by SUB-RECIPIENT or a Third Party Participant. SUB-RECIPIENT agrees to report expenses through MDT’s online program quarterly to MDT. The remaining terms and conditions of the Contract not explicitly modified by this amendment remain in full force and effect and are incorporated fully herein. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. STATE OF MONTANA DEPARTMENT OF TRANSPORTATION CITY OF BOZEMAN By: _____________________________ By: ____________________________ Doug McBroom Operations Manager Printed Name: Chuck Winn _____ MDT-Statewide Planning & Modal Operations Title: City Manager _______ _ ____ Dated: ____________________ Dated: ____ ____________ Copy: MDT Office of Civil Rights (DocuSign Notification) 20 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign the City of Bozeman FY24 Safe Streets and Roads for All Grant Agreement with the Federal Highway Administration MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign the City of Bozeman FY24 Safe Streets and Roads for All Grant Agreement with the Federal Highway Administration STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman applied for and was awarded an FY2024 Safe Streets and Roads for All (SS4A) Grant through the Federal Highway Administration. The grant award is to supplement the funding for a Comprehensive Safety Action Plan and demonstration activities that include the installation of advanced safety data collection equipment in four existing traffic signals. The equipment procured through the grant funding will collect data on speeding, red light running, and near misses. This data will be incorporated into the safety plan as well as being used to identify focused enforcement opportunities. The FY24 grant award also includes demonstration funds to implement a safety data platform. This comprehensive platform will increase the city's ability to track and analyze safety data. It will enable enhanced visualization of crash and other data that will be utilized in the development and evaluation of the safety plan and future safety projects. The combined cost of the supplemental planning and the added demonstration activity is $344,000. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:The grant award requires a twenty percent local match. The federal grant award is $275,200 and the local match is $68,800. The funding for the local match is included in the approved FY25-26 Arterial and Collector District biennium budget. 21 Attachments: City of Bozeman MT _SS4A FY24 Grant Agreement_Final.pdf SS4A_FY24_Terms-Conditions_2025-11-04.pdf SS4A_FY24_Exhibits_2025-11-04.pdf FY2024 SS4A Grant Tracking form_updated.pdf Report compiled on: June 11, 2025 22 1 of 17 1. Federal Award No. 693JJ32640144 2. Effective Date See No. 16 Below 3. Assistance Listings No. 20.939 4. Award To City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715-3740 Unique Entity Id.: EEAPKALAEM35 TIN No.: 81-6001238 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6. Period of Performance Effective Date of Award – 36 months 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $275,200 $68,800 $0 $0 $344,000 8. Type of Agreement Grant 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. 117–58, November 15, 2021) 10. Procurement Request No. HSA250165PR 11. Federal Funds Obligated $275,200 12. Submit Payment Requests To See Article 5. 13. Accounting and Appropriations Data 15X0176E50.0000.055SR50500.5592000000.4101 0.61006600 14. Description of the Project The project will supplement the development of a Comprehensive Safety Action Plan for the City of Bozeman that was initially funded with a 2023 SS4A award. The project will implement a safety data platform that will bring together crash data with additional data such as demographic information, travel speeds, or near miss information to inform the development of the plan and provide for performance monitoring. Additionally, the project includes the installation of advanced technology at additional locations to collect supplemental safety data that will inform the strategies included in the plan that aim to eliminate serious injury and fatal crashes. RECIPIENT 15. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Chuck Winn Title: City Manager, City of Bozeman FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Agreement Officer ______________________________________ Signature Date Name: Travis Wheeler Title: Agreement Officer 23 2 of 17 Attest: ___________________________________ Signature Date Name: Mike Maas Title: City Clerk, City of Bozeman 24 3 of 17 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Bozeman (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Bozeman Supplemental Planning and Demonstration Project. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated November 4, 2025, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–33 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 25 4 of 17 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: City of Bozeman Supplemental Planning and Demonstration Project Application Date: May 15, 2024 2.2 Award Amount. SS4A Grant Amount: $275,200 2.3 Federal Obligation Information. Federal Obligation Type: Single 2.4 Budget Period. Budget Period: See Block 6 of Page 1 2.5 Grant Designation. Designation: Planning and Demonstration ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. The project will be completed in one phase as follows: Supplemental Planning The first supplemental planning activity will implement a safety data platform for three years during and immediately following the completion of the action plan. This innovative platform to bring together crash data with additional data such as demographic information, travel speeds, or near miss information. The second supplemental planning activity will be used to fund additional consultant support for development of the action plan. This additional funding will help offset the increased cost as well as ensure that additional data and expanded analysis is fully incorporated into the action plan. Demonstration Activity The demonstration activity with this grant funding will purchase and install advanced safety data collection equipment at four additional (in addition to the FY23 Grant intersections) key signalized intersections. The installations will collect data on red light running, speeding, and near misses and demonstrate strategies that aim to eliminate serious injury and fatal crashes. The installation of the new ITS equipment will not impact the built environment. 3.2 Project’s Estimated Schedule. Demonstration Activity Schedule Milestone Schedule Date 26 5 of 17 NEPA Completion Date: December 9, 2024 Planned Construction Substantial Completion and Open to Public Use Date: July 1, 2026 Planned SS4A Final Report Date: December 17, 2027 Supplemental Planning Schedule Milestone Schedule Date Planned Final Plan Publicly Available Date: December 17, 2027 Planned SS4A Final Report Date: December 17, 2027 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $275,200 Other Federal Funds: $0 State Funds: $0 Local Funds: $68,800 In-Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $344,000 (b) Cost Classification Table – For Planning and Demonstration Grants with demonstration activities and Implementation Grants Only Cost Classification Total Costs Non-SS4A Previously Incurred Costs Eligible Costs Architectural and engineering fees $244,000 $244,000 Equipment $100,000 $100,000 Project Total $344,000 $344,000 (c) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. 27 6 of 17 ARTICLE 4 CONTACT INFORMATION 4.1 Recipient Contact(s). Nicholas Ross Director of Transportation and Engineering City of Bozeman 20 E. Olive St., Bozeman, MT 59715 406.582.2315 nross@bozeman.net 4.2 Recipient Key Personnel. Name Title or Position Taylor Lonsdale City Transportation Engineer Jamie Grabinski City Grants Coordinator 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWA@dot.gov and Agreement Officer (AO) Federal Highway Administration Office of Cooperative Agreements and Non-State Awards 1200 New Jersey Avenue, S.E. Washington, DC 20590 HCFASS4A@dot.gov and Division Administrator – Montana Division Agreement Officer’s Representative (AOR) 585 Shepard Way, Suite 2 Helena, MT 59601 (406) 441-3900 hdamt@dot.gov and Gene Kaufman Montana Division Office Lead Point of Contact 28 7 of 17 Program and Project Delivery Engineer 585 Shepard Way, Suite 2 Helena, MT 59601 406-441-3915 Gene.kaufman@dot.gov ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Cooperative Agreements and Non-State Awards SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. 29 8 of 17 (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website. 6.5 The Recipient of a Planning and Demonstration Grant that involves a demonstration activity agrees to provide an assessment of each demonstration activity and update the existing Action Plan, which will incorporate the information gathered in the Action Plan’s list of projects or strategies and/or inform another part of the existing Action Plan. The Recipient also agrees that demonstration activities are temporary in nature and must be removed and/or ended following the conclusion of the project if the assessment of the demonstration activities does not affirm that the activities provide safety benefits. 6.6 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement. 6.7 There are no other special grant requirements. 30 9 of 17 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: The Safety Plan will incorporate the entire City of Bozeman. The demonstration portion of the project will be isolated to four specific arterial street intersections that will be identified as the action plan is developed. Baseline Measurement Date: July 2026 Baseline Report Date: September 2026 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency and Reporting Deadline Safety Performance Fatalities: Total annual fatalities in the project location(s) Annually and within 120 days after the end of the period of performance Safety Performance Serious Injuries: Total annual serious injuries in the project location(s) [if available] Annually and within 120 days after the end of the period of performance Safety Performance Crashes by Road User Category: Total annual crashes in the project location(s) broken out by types of roadway users involved (e.g., pedestrians, bicyclists, motorcyclist, passenger vehicle occupant, commercial vehicle occupant) Annually and within 120 days after the end of the period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant Within 120 days after the end of the period of performance Outcomes and Benefits Quantitative Project Benefits: Quantification of evidence-based projects or strategies implemented (e.g., miles of Within 120 days after the end of the period of performance 31 10 of 17 Measure Category and Description Measurement Frequency and Reporting Deadline sidewalks installed, number of pedestrian crossings upgraded, etc.) Outcomes and Benefits Qualitative Project Benefits: Qualitative description of evidence-based projects or strategies implemented (e.g., narrative descriptions, testimonials, high-quality before and after photos, etc.) Within 120 days after the end of the period of performance Outcomes and Benefits Project Location(s): GIS/geo coordinate information identifying specific project location(s) Within 120 days after the end of the period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. Within 120 days after the end of the period of performance 32 11 of 17 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank. Scope: Schedule: The application materials noted an estimated project time length of two years. Since the time of the application, the length of the Period of Performance has been reconsidered and extended due to information learned about how long similar projects are taking and to allow for any procurement challenges and provide additional time to collect the demonstration activity data and assess the data. Budget: The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs 33 12 of 17 ATTACHMENT C [RESERVED] 34 13 of 17 ATTACHMENT D [RESERVED] 35 14 of 17 ATTACHMENT E LABOR AND WORKFORCE 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate: X The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.) The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.) The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in Attachment B. (Identify the relevant actions from Attachment B in the supporting narrative below.) The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. In accordance with state and federal laws, The City of Bozeman supports the free and fair choice to join a union. The City has collective bargaining agreements with Teamsters Local No. 2, Montana Federation of Public Employees, Bozeman Police Protective Association, and IAFF Local 613. All collective bargaining agreements are publicly available on the City’s website at https://www.bozeman.net/departments/human-resources/employee-information/union-agreements. Each of the collective bargaining agreements cover wages, hours, and other terms and conditions of 36 15 of 17 employment, all providing competitive compensation, benefits, and high labor standards for covered employees. Other applicable employment policies, including the City’s Employee Handbook and Hiring Practices are also publicly available on the City’s website at https://www.bozeman.net/departments/human- resources/employee-information/employment-policy. These additional policies describe benefits, labor standards, and other terms and conditions of employment that pertain to both represented and non-represented employees. 37 16 of 17 ATTACHMENT F CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE 1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. The Recipient states that rows marked with “X” in the following table are accurate: X The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities. The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security. X The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment. 2. Supporting Narrative. The project will implement proven technology for collecting safety performance measures at intersections. The ITS equipment will be installed in existing systems that have already assessed cybersecurity risks. The installation of the new equipment poses no physical risk to users of the transportation system. 38 17 of 17 ATTACHMENT G [RESERVED] 39 1 of 33 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM: FHWA PROJECTS Date: June 13, 2024 Revised: October 1, 2024 Revised: March 17, 2025 Revised: November 4, 2025 40 2 of 33 Table of Contents Article 7 Purpose............................................................................................................................. 6 7.1 Purpose. ......................................................................................................................................... 6 Article 8 USDOT Role.................................................................................................................... 6 8.1 Division of USDOT Responsibilities. ........................................................................................... 6 8.2 USDOT Program Contact. ............................................................................................................. 7 Article 9 Recipient Role.................................................................................................................. 7 9.1 Statements on the Project. .............................................................................................................. 7 9.2 Statements on Authority and Capacity. ......................................................................................... 7 9.3 USDOT Reliance. .......................................................................................................................... 8 9.4 Project Delivery. ............................................................................................................................ 8 9.5 Rights and Powers Affecting the Project. ...................................................................................... 8 9.6 Notification of Changes to Key Personnel. ................................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9 10.1 Federal Award Amount ................................................................................................................. 9 10.2 Federal Obligations. ....................................................................................................................... 9 10.3 Budget Period .............................................................................................................................. 10 10.4 Period of Performance. ................................................................................................................ 10 Article 11 Statement of Work, Schedule, and Budget Changes ................................................... 11 11.1 Notification Requirement. ........................................................................................................... 11 11.2 Statement of Work Changes. ....................................................................................................... 11 11.3 Schedule Changes. ....................................................................................................................... 11 11.4 Budget Changes. .......................................................................................................................... 11 11.5 USDOT Acceptance of Changes. ................................................................................................ 12 Article 12 General Reporting Terms............................................................................................. 12 12.1 Report Submission. ...................................................................................................................... 12 12.2 Alternative Reporting Methods. .................................................................................................. 13 12.3 Paperwork Reduction Act Notice. ............................................................................................... 13 Article 13 Progress and Financial Reporting ................................................................................ 13 13.1 Quarterly Performance Progress Reports. ................................................................................... 13 13.2 Quarterly Financial Status. .......................................................................................................... 13 13.3 Final Performance Progress Reports and Financial Status………………………………..…….13 Article 14 Performance Reporting ................................................................................................ 14 14.1 Baseline Performance Measurement. .......................................................................................... 14 14.2 SS4A Final Report: ...................................................................................................................... 14 14.3 Performance Measurement Information……………….………………………………………..15 14.4 Performance Reporting Survival……………………….……………………………………….15 14.5 Program Evaluation……………………………………………………………………………..15 Article 15 Noncompliance and Remedies..................................................................................... 15 15.1 Noncompliance Determinations. ................................................................................................. 15 15.2 Remedies...................................................................................................................................... 16 15.3 Other Oversight Entities. ............................................................................................................. 17 Article 16 Agreement Termination………………………………………………………………17 16.1 USDOT Termination. .................................................................................................................. 17 16.2 Closeout Termination. ................................................................................................................. 18 16.3 Post-Termination Adjustments. ................................................................................................... 18 16.4 Non-Terminating Events. ............................................................................................................ 18 16.5 Other Remedies. .......................................................................................................................... 18 41 3 of 33 Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 18 17.1 Recipient Monitoring and Record Retention. .............................................................................. 18 17.2 Financial Records and Audits. ..................................................................................................... 19 17.3 Internal Controls. ......................................................................................................................... 19 17.4 USDOT Record Access. .............................................................................................................. 19 Article 18 Contracting and Subawards ......................................................................................... 19 18.1 Build America, Buy America. ................................................................................................... 19 18.2 Small and Disadvantaged Business Requirements. ..................................................................... 22 18.3 Engineering and Design Services. ............................................................................................... 22 18.4 Foreign Market Restrictions. ....................................................................................................... 23 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 23 18.6 Recipient Responsibilities for Subawards. .................................................................................. 23 18.7 Subaward and Contract Authorization. ........................................................................................ 23 Article 19 Costs, Payments, and Unexpended Funds ................................................................... 23 19.1 Limitation of Federal Award Amount. ........................................................................................ 23 19.2 Projects Costs............................................................................................................................... 23 19.3 Timing of Project Costs. .............................................................................................................. 23 19.4 Recipient Recovery of Federal Funds. ......................................................................................... 24 19.5 Unexpended Federal Funds. ........................................................................................................ 24 19.6 Timing of Payments to the Recipient. ......................................................................................... 24 19.7 Payment Method.. ........................................................................................................................ 24 19.8 Information Supporting Expenditures ......................................................................................... 24 19.9 Reimbursement Frequency. ......................................................................................................... 24 19.10 Match. .......................................................................................................................................... 24 Article 20 Liquidation, Adjustments, and Funds Availability...….……………………………...25 20.1 Liquidation of Recipient Obligations. ......................................................................................... 25 Article 21 Agreement Modifications ............................................................................................ 25 21.1 Bilateral Amendments. ................................................................................................................ 25 21.2 Unilateral Contact Modifications. ............................................................................................... 25 21.3 USDOT Unilateral Modifications. ............................................................................................... 25 21.4 Other Modifications. .................................................................................................................... 25 Article 22 [RESERVED] .............................................................................................................. 25 22.1 [RESERVED]. ............................................................................................................................. 25 Article 23 [RESERVED] .............................................................................................................. 26 23.1 [RESERVED]. ............................................................................................................................. 26 Article 24 Labor and Workforce……………………………………………………………… 26 24.1 Labor and Workforce………………………………………………………………………… .26 Article 25 Critical Infrastructure Security and Resilience……………………………...……..26 25.1 Critical Infrastructure Security and Resilience…………………………………………………26 Article 26 Civil Rights and Title VI…………………………………………………….……....26 26.1 Civil Rights and Tile VI……………………………………………………………………...…26 Article 27 Federal Financial Assistance, Administrative, and National Policy Requirements .... 27 27.1 Uniform Administrative Requirements for Federal Awards. ...................................................... 27 27.2 Federal Law and Public Policy Requirements. ............................................................................ 27 27.3 Federal Freedom of Information Act. .......................................................................................... 28 27.4 History of Performance. ............................................................................................................... 28 27.5 Whistleblower Protection. ........................................................................................................... 28 27.6 External Award Terms and Obligations. ..................................................................................... 28 27.7 Incorporated Certifications. ......................................................................................................... 29 42 4 of 33 Article 28 Assignment .................................................................................................................. 29 28.1 Assignment Prohibited................................................................................................................. 29 Article 29 Waiver .......................................................................................................................... 29 29.1 Waivers. ....................................................................................................................................... 29 Article 30 Additional Terms and Conditions ............................................................................... 30 30.1 Effect of Planning and Demonstration or Implementation Award. ............................................. 30 30.2 Disclaimer of Federal Liability. ................................................................................................... 30 30.3 Environmental Review ................................................................................................................ 30 30.4 Railroad Coordination. ................................................................................................................ 31 30.5 Relocation and Real Property Acquisition. ................................................................................. 32 30.6 Equipment Disposition. ............................................................................................................... 32 Article 31 Mandatory Award Information .................................................................................... 32 31.1 Information Contained in a Federal Award. ................................................................................ 32 Article 32 Construction and Definitions ....................................................................................... 33 32.1 Attachments. ................................................................................................................................ 33 32.2 Exhibits. ....................................................................................................................................... 33 32.3 Construction. ................................................................................................................................ 33 32.4 Integration. ................................................................................................................................... 33 32.5 Definitions. .................................................................................................................................. 33 Article 33 Agreement Execution and Effective Date ................................................................... 34 33.1 Counterparts. ................................................................................................................................ 34 33.2 Effective Date. ............................................................................................................................. 34 43 5 of 33 Index of Definitions Administering Operating Administration ....................................................................................... 7 Environmental Review Entity…………………………………………………………………....29 Federal Share ................................................................................................................................ 12 FHWA ............................................................................................................................................. 7 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 13 Program Statute ............................................................................................................................. 32 Project……………………………………………………………………………………………22 Project Closeout ............................................................................................................................ 18 SS4A Grant ................................................................................................................................... 32 USDOT ........................................................................................................................................... 6 44 6 of 33 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “IIJA”) established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant Program (IIJA Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of IIJA to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives. The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2024 for the SS4A Discretionary Grant Program. These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2024 SS4A grant program. Articles 1–6 are in the project- specific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through F are project-specific attachments. ARTICLE 7 PURPOSE 7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives: (1) timely completing the Project; and (2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B. ARTICLE 8 USDOT ROLE 8.1 Division of USDOT Responsibilities. (a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program. 45 7 of 33 (b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA. 8.2 USDOT Program Contact. Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov (202) 366-2822 ARTICLE 9 RECIPIENT ROLE 9.1 Statements on the Project. The Recipient states that: (1) all material statements of fact in the Grant Application were accurate when that application was submitted; and (2) Attachment B documents all material changes in the information contained in that application. 9.2 Statements on Authority and Capacity. The Recipient states that: (1) it has the authority to receive Federal financial assistance under this agreement; (2) it has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable; (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; (4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the 46 8 of 33 recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 0 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT. (b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement. 47 9 of 33 9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.3 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.2. ARTICLE 10 AWARD AMOUNT, OBLIGATION, AND TIME PERIODS 10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in section 2.2 as the SS4A Grant Amount. 10.2 Federal Obligations. This agreement obligates funds for the period of performance listed on Page 1, Block 6 of the grant agreement. (a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the project- specific agreement obligates for the budget period the amount listed in Section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement. (b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” (for phased agreements) then an amount up to the Grant Amount listed in Section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)–10.2(f). (c) The Obligation Condition Table in section 2.3 allocates the Grant funds among separate phases of the Project for the purpose of the Federal obligation of funds. The scope of each phase of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if the condition is met not later than the date listed in Section 2.4 of the project-specific agreement. 48 10 of 33 (g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that: (1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and (2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied. (h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f). (i) Reserved. (j) The Recipient acknowledges that: (1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f); (2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16. 10.3 Budget Period The budget period for this award begins on the effective date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1. 10.4 Period of Performance. (a) The period of performance for this award begins on the effective date of award listed in page 1, Block 2 and ends on the period of performance end date that is listed in Page 1, Block 6. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 49 11 of 33 ARTICLE 11 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.3 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1. 11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant date(s): (1) a substantial completion date for the Project or a component of the Project that is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed on Page 1, Block 6 (i.e., for projects with multiple phases, changes to the base phase budget period end date for projects with two phases, or changes to base or secondary phase budget period end dates for projects with three phases, etc., will not trigger notification/modification requirements). For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change. 11.4 Budget Changes. (a) The Recipient acknowledges that if the cost of completing the Project increases: (1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and (2) the USDOT will not increase the amount of this award to address any funding shortfall. (b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3: (1) the “Non-Federal Funds” amount decreases; or 50 12 of 33 (2) the “Total Eligible Project Cost” amount decreases. (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs. (e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section 11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then: (1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs; and (2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project. In this agreement, “Federal Share” means the sum of the “SS4A Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3(a). (f) The Recipient acknowledges that amounts that are required to be refunded under section 11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901). 11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1. 51 13 of 33 ARTICLE 12 GENERAL REPORTING TERMS 12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.3. Reports will be added to a central repository maintained by FHWA. 12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA. 12.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675. ARTICLE 13 PROGRESS AND FINANCIAL REPORTING 13.1 Quarterly Performance Progress Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Performance Progress Report in the format and with the content described in Exhibit C. If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Performance Progress Report in the second calendar year quarter that begins after the date of this agreement. 13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit a Federal Financial Report using SF-425. 13.3 Final Performance Progress Reports and Financial Status. No later than 120 days after the end of the period of performance, the Recipient shall submit: 52 14 of 33 (1) a Final Performance Progress Report in the format and with the content described in Exhibit C for each Quarterly Performance Progress Report, including a final Federal Financial Report (SF-425); and (2) any other information required under the Administering Operating Administration’s award closeout procedures. ARTICLE 14 PERFORMANCE REPORTING 14.1 Baseline Performance Measurement. Recipients of Implementation Grants or Planning and Demonstration Grants with demonstration activities shall: (1) collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A. 14.2 SS4A Final Report. The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report in the format specified by FHWA and with the content described in Attachment A that describes, consistent with sections 24112(g)-(h) of IIJA: (1) the costs of each eligible project and strategy carried out using the grant; (2) the roadway safety outcomes and any additional benefits (e.g., increased walking, biking, or transit use without a commensurate increase in serious and fatal crashes, etc.) that each such project and strategy has generated, as— • identified in the grant application; and • measured by data to the maximum extent practicable; (3) [RESERVED] (4) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 53 15 of 33 14.3 Performance Measurement Information. For each performance measure identified to be submitted annually in the Performance Measure Table in Attachment A, not later than January 31 of each year, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected. 14.4 Performance Reporting Survival. The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance. 14.5 Program Evaluation. As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, before/after photographs of the sites, qualitative activities such as videos describing the project and its impact on the community, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff. ARTICLE 15 NONCOMPLIANCE AND REMEDIES 15.1 Noncompliance Determinations. (a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice. (b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: 54 16 of 33 (1) accept the remedy; (2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only: (1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the basis for that determination. 15.2 Remedies. (a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including: (1) additional conditions on the award; (2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or (3) any other remedy legally available. (b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice. (c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the 55 17 of 33 Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901). 15.3 Other Oversight Entities. Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. ARTICLE 16 AGREEMENT TERMINATION 16.1 USDOT Termination. (a) The USDOT may terminate this agreement and all its obligations under this agreement if any of the following occurs: (1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section 3.3(a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (3) a substantial completion date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or, (5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT. (c) This section 0 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2. (d) The Recipient may request that the USDOT terminate the agreement under this section 0. 56 18 of 33 16.2 Closeout Termination. (a) This agreement terminates on Project Closeout. (b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. 16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient. 16.4 Non-Terminating Events. (a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement. 16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340. ARTICLE 17 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 17.1 Recipient Monitoring and Record Retention. (a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure: (1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(e). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 57 19 of 33 17.2 Financial Records and Audits. (a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the project, and the amount or nature of that portion of the cost of the project supplied by other sources, and any other financial records related to the project. (b) The Recipient shall keep accounts and records described under section 0(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.302– 200.307, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2024 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506. Specifically, the Recipient shall: (1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2024” in the program name; and (2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2024” in column c (“Additional Award Identification”). 17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 18 CONTRACTING AND SUBAWARDS 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), 2 CFR part 184, and Office of Management and Budget (OMB) Memorandum M-24-02, “Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States. The Recipient shall not use funds provided under this award for a project for infrastructure unless: 58 20 of 33 (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards for each construction material are provided at 2 CFR 184.6. Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a domestic content procurement preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) manufactured products; (iii) construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. An article, material, or supply incorporated into an infrastructure project must meet the requirements for only the single category in which it is classified. 59 21 of 33 Waivers. When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term. A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office. When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america. Definitions “Construction materials” means articles, materials, or supplies that consist of only one of the items listed in paragraph (21) of this definition, except as provided in paragraph (2) of this definition. To the extent that one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. (1) The listed items are: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • fiber optic cable (including drop cable) • lumber; • engineered wood; and • drywall. 60 22 of 33 (2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Iron or steel products” means articles, materials, or supplies that consist wholly or predominantly or iron or steel or a combination of both. “Manufactured products” means (1) Articles, materials, or supplies that have been: (i) Processed into a specific form and shape; or (ii) combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. (2) If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials. “Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forging utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. “Project” means the development of a safety action plan (including supplemental and topical plans) or the temporary or permanent construction, alteration, maintenance, or repair of infrastructure in the United States. “Section 70917(c) materials” cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. 18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 including any amendments thereto. 18.3 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract 61 23 of 33 for architectural and engineering services is negotiated under 2 C.F.R. 200.320 or an equivalent qualifications-based requirement prescribed for or by the Recipient. 18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. 18.6 Recipient Responsibilities for Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333. 18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient must follow the requirements in 2 C.F.R. 200.308 (f) (6) and 2 C.F.R. 200.333, as applicable, for the subaward of any SS4A Grant work under the Project-Specific Agreement. Approvals under 2 CFR 200.308(f)(6) do not apply to the procurement acquisition of goods and services. ARTICLE 19 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount. 19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs. 19.3 Timing of Project Costs. (a) The Recipient shall not charge to this award costs that are incurred after the period of performance. 62 24 of 33 (b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement unless there has been an approval of pre-award costs under 2 C.F.R. 200.458. 19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT. 19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States. 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2. 19.8 Information Supporting Expenditures. (a) If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel. (b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then the Recipient shall not request reimbursement more frequently than monthly. 19.10 Match. The recipient should show on each request for reimbursement that at least 20 percent of the incurred costs will count towards match. If the recipient intends to vary the match percentage over the life of the project, it must communicate its plan to USDOT. The recipient is responsible for tracking match according to the plan. At the completion of the grant award, the cost share requirement must be met, and Federal funds must not exceed the project's Federal share. 63 25 of 33 ARTICLE 20 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 20.1 Liquidation of Recipient Obligations. (a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided. (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346. ARTICLE 21 AGREEMENT MODIFICATIONS 21.1 Bilateral Amendments. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party. 21.2 Unilateral Contact Modifications. The USDOT may update the contacts who are listed in section 4.3 by written notice to all the Recipient contacts who are listed in sections 4.1 and 4.2. 21.3 USDOT Unilateral Modifications. (a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify this agreement under this section 20.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective. 21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void. 64 26 of 33 ARTICLE 22 [RESERVED] ARTICLE 23 [RESERVED] ARTICLE 24 LABOR AND WORKFORCE 24.1 Labor and Workforce. Attachment E documents the consideration of job quality and labor rights, standards, and protections related to the Project. ARTICLE 25 CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE 25.1 Critical Infrastructure Security and Resilience. Consistent with Presidential Policy Directive 21, “Critical Infrastructure Security and Resilience” (Feb. 12, 2013), and the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (July 28, 2021), the Recipient shall consider physical and cyber security and resilience in planning, design, and oversight of the Project. Attachment F documents the consideration of critical security infrastructure for projects that include the purchase of information technology and/or operational technology. ARTICLE 26 CIVIL RIGHTS AND TITLE VI 26.1 Civil Rights and Title VI (a) The purpose of sections 26.1(b)–26.1(c) is to ensure that the Recipient has a plan to comply with civil rights obligations and nondiscrimination laws, including Title VI and 49 C.F.R. part 21, including any amendments thereto. 65 27 of 33 (b) If the Recipient is an Existing Recipient, the Recipient shall submit to the USDOT either: (1) not later than one month after the date of this agreement, documentation showing that the Recipient has complied with all reporting requirements under the Administering Operating Administration’s implementation of Title VI; or (2) not later than six months after the date of this agreement, both a Title VI Plan and a Community Participation Plan, as those plans are described in chapter II, sections 3–4 of DOT Order 1000.12C. (c) If the Recipient is “New,” then the Administering Operating Administration completed a Title VI Assessment of the Recipient, as described in chapter II, section 2 of DOT Order 1000.12C., before entering this agreement. (d) In this section 26.1: (1) “Title VI” means Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified at 42 U.S.C. 2000d to 2000d-4a). (2) “Existing” means a prior recipient of DOT federal financial assistance since the publication of DOT Order 1000.12C on June 11, 2021. (3) “New” means a recipient who has not received DOT federal financial assistance since the publication of DOT Order 1000.12C on June 11, 2021. ARTICLE 27 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 27.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201. 27.2 Federal Law and Public Policy Requirements. (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit- Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code. 66 28 of 33 (c) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit- Based Opportunity, by entering into this agreement, the Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination law. (d) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 27.3 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552. 27.4 History of Performance. Under 2 C.F.R 200.206, any Federal agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 27.5 Whistleblower Protection. (a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. 27.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 32, this agreement includes the following additional terms as integral parts: (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; (3) 2 C.F.R part 175: Award term for Trafficking in Persons; and (4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Recipient shall comply with: 67 29 of 33 (1) 49 C.F.R. part 20: New Restrictions on Lobbying; (2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; (3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 27.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference: (1) Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying). ARTICLE 28 ASSIGNMENT 28.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement. ARTICLE 29 WAIVER 29.1 Waivers. (a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions. (c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach. 68 30 of 33 ARTICLE 30 ADDITIONAL TERMS AND CONDITIONS 30.1 Effect of Planning and Demonstration or Implementation Award. Based on information that the Recipient provided to the USDOT, including the Grant Application, as indicated in section 2.5, this agreement designates this award as a Planning and Demonstration award or an Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation as listed in the FY 2024 Notice of Funding Opportunity for Safe Streets and Roads for All. 30.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. 30.3 Environmental Review (a) In this section, “Environmental Review Entity” means: (1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA. (b) Except as authorized under section 30.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: (1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and (2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete. (c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that: (1) the Environmental Review Entity’s actions under section 30.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and 69 31 of 33 (2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then: (1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 30.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way. 30.5 Relocation and Real Property Acquisition. (a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E. (c) The Recipient shall make available to displaced persons, , comparable replacement dwellings in accordance with 49 C.F.R. part 24. 30.6 Equipment Disposition. (a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. 70 32 of 33 (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section 30.6 for all tiers of subawards under this award. ARTICLE 31 MANDATORY AWARD INFORMATION 31.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211: (1) the “Federal Award Date” is the date of this agreement, as defined under section 0; (2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and (3) this award is not for research and development. ARTICLE 32 CONSTRUCTION AND DEFINITIONS 32.1 Attachments. This agreement includes the following attachments as integral parts: Attachment A Performance Measurement Information Attachment B Changes from Application Attachment C Reserved Attachment D Reserved Attachment E Labor and Workforce Attachment F Critical Infrastructure Security and Resilience Attachment G Reserved 32.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2024 SS4A Grant Program”, dated March 17, 2025, and available at https://www.transportation.gov/grants/ss4a/grant-agreements, are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms Exhibit C Quarterly Performance Progress Reports: Format and Content Exhibit D Form for Subsequent Obligation of Funds 71 33 of 33 32.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–0, then the provision in articles 1–0 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. 32.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program. 32.5 Definitions. In this agreement, the following definitions apply: “Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement. “SS4A Grant” means an award of funds that were made available under the SS4A NOFO. “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. ARTICLE 33 AGREEMENT EXECUTION AND EFFECTIVE DATE 33.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 33.2 Effective Date. The agreement will become effective when all parties have signed it. The effective date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it. 72 U.S. DEPARTMENT OF TRANSPORTATION EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM June 13, 2024 Revised: March 17, 2025 Revised: November 4, 2025 73 A-1 EXHIBIT A APPLICABLE FEDERAL LAWS AND REGULATIONS By entering into this agreement for a FY 2024 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: General Federal Legislation a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. b. Hatch Act – 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2 q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373 s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq. y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through 1683 and 1685 through 1687 aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. 74 A-2 1101 -1104, 541, et seq. dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352 ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525 kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq. mm. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 nn. Wilderness Act – 16 U.S.C. 1131-1136 oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq. pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq. qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305 ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 Executive Orders a. Executive Order 11990 – Protection of Wetlands b. Executive Order 11988 – Floodplain Management c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12549 – Debarment and Suspension e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers f. Executive Order 14025 – Worker Organizing and Empowerment g. Executive Order 14149, Restoring Freedom of Speech and Ending Federal Censorship h. Executive Order 14154, Unleashing American Energy i. Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing j. Executive Order 14168 Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government k. Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity Presidential Policy Directives and Memorandums a. Presidential Policy Directive 21 – Critical Infrastructure Security and Resilience b. National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Systems 75 A-3 General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201 b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5 g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq. h. New Restrictions on Lobbying – 49 C.F.R. Part 20 i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21, including any amendments thereto j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24 k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25 l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35 n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32 q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38 r. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26, including any amendments thereto (as applicable under section 18.3 of this agreement) Office of Management and Budget Circulars a. Any applicable OMB Circular based upon the specific FY 2024 Safe Streets and Roads for All Grant Recipient. 76 A-4 Highway Federal Legislation a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23 U.S.C. 111 b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139 e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303 Federal Highway Regulations a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625 c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650 Subpart A d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 f. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) – 23 C.F.R. Part 774 g. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122 Specific assurances required to be included in the FY 2024 Safe Streets and Roads for All Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement. 77 B-1 EXHIBIT B ADDITIONAL STANDARD TERMS TERM B.1 TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended) ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, as amended) 49 C.F.R. Parts 21, 25, 27, 37, and 38 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21, including any amendments thereto (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. 78 B-2 General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including the FHWA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FY 2024 SS4A grant program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. Part 21, including any amendments thereto, will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2024 SS4A Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 79 B-3 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub- recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable 80 B-4 provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FY 2024 SS4A grant program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2024 SS4A grant program. 81 B-5 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21, including any amendments thereto. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant 82 B-6 thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 83 B-7 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), the Consolidated Appropriations Act, 2024, Pub. L. No. 118-122 (Mar. 9, 2024) , the Regulations for the Administration of FY 2024 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to 84 B-8 and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 85 B-9 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a): A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 86 B-10 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b): A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 87 B-11 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21, including any amendments thereto. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). TERM B.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Parts 180 and 1200 These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, 88 B-12 consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200. By signing and submitting the Technical Application and by entering into this agreement under the FY 2024 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2024 SS4A Grant, as set out below. 1. Instructions for Certification – First Tier Participants: a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 89 B-13 g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 90 B-14 (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 91 B-15 f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 92 B-16 TERM B.3 REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that: (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government. The Recipient therefore agrees: 1. Definitions. For the purposes of this exhibit, the following definitions apply: “Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee. “Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559. “Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 93 B-17 2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity. 3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to: (1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If (1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction; (2) an entity provides an affirmative response to either certification in section 3; or (3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. 5. Mandatory Notice to the USDOT. (a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy. 6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall: (1) require the SAM check in section 2; (2) require the certifications in section 3; (3) include the prohibition in section 4; and 94 B-18 (4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5. 95 B-19 TERM B.4 RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING (a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order. For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15. For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary. For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels. (b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to: (1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. 96 B-20 (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items. 97 C-1 EXHIBIT C QUARTERLY PERFORMANCE PROGRESS REPORTS: FORMAT AND CONTENT 1. Purpose. The purpose of the Quarterly Performance Progress Reports under this agreement for the FY 2024 SS4A grant program is to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible. 2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. The first Quarterly Performance Progress Report should include a detailed description of the items funded. (a) Project Information. This section provides the name of the project, the State, the federal agency to which the report is submitted, submission date, award number, name of the recipient, report year and quarter and NOFO funding year. (b) Project Overall Status. This section provides an overall status of the project’s scope, schedule and budget. The Recipient shall note and explain any significant activities and issues, action items and outstanding issues. i. Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the previous quarter. Activities and deliverables to be reported on should include meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable IIJA or NOFO requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of significance. ii. Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction to resolve. The Recipient should include administrative items and outstanding issues that could have a significant or adverse effect on the project’s scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full implementation of the remedial action, and upon no further monitoring anticipated. (c) Milestones. This section documents progress of the milestones outlined in Section 3.2. The Recipient should include the baseline date (when the project is projected to begin) of each milestone, amendments to those dates (if applicable) and the actual/expected date of completion. There are Milestone charts for action plans, supplemental planning activities, demonstration activity projects and implementation (both construction and non-construction) projects. 98 D-1 EXHIBIT D FORM FOR SUBSEQUENT OBLIGATION OF FUNDS The USDOT and [recipient name] entered a grant agreement for the [project name] that was executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”). This instrument obligates [$XXX] for [insert portion of project listed in the Agreement]. [Recipient name] states that: (1) the Agreement accurately describe the Project’s activities; (2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement; (3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project costs amount has not decreased; and (4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement. [Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above. Date By: Signature of Recipient’s Authorized Representative [insert name] Name [insert title] Title 99 D-2 The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied. Date By: Signature of USDOT’s Authorized Representative [insert name] Name [insert title] Title 100 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Describe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: This draft document will be changed out with the approved FHWA document before the Commission meeting. 2024 Safe Streets and Roads for All Planning and Demonstration Grant Taylor Lonsdale Transportation & Engineering Jamie Grabinski/Taylor Lonsdale Taylor Lonsdale/Jamie Grabinski 20.939 2026 $275,200 No 25.00%111-4120-433 $ 68,800.00 Yes Yes The City applied for and was awarded an FY24 Safe Streets for All (SS4A) grant through the Federal Highway Administration. The SS4A program has two different activities -planning and demonstration. The grant award is to supplement the funding for a Comprehensive Safety Action Plan and demonstration activities that include the installation of advanced safety data collection equipment in four existing traffic signals. The equipment procured through the grant funding will collect data on speeding, red light running, and near misses. This data will be incorporated into the safety plan, used to identify focused enforcement opportunities, and used to implement a safety data platform. The comprehensive platform will increase the City's ability to track and analyze safety data. The grant performance reports are due on a quarterly basis and emailed to the FHWA project manager. SF425 forms will also be emailed to the FHWA project manager on a quarterly basis. n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 08.26.2025 Docusign Envelope ID: 71B5C9CB-3219-4911-AD7B-5107B77F247C 2025-04 1/6/2026 2026-01 101 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign AIA Document B121 Master Services Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget with Hennebery Eddy Architects, Inc. for Architectural Services Related to Public Works Facilities Expansion MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign AIA Document B121 Master Services Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget with Hennebery Eddy Architects, Inc. for Architectural Services Related to Public Works Facilities Expansion 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:Current City facilities are severely lacking in adequate space to accommodate both a growing organization and community. This project will expand on previous master planning efforts to result in a comprehensive approach to address a variety of needs across twelve Divisions. The scope for this initial phase will focus on conceptual design, site analysis, and cost modeling necessary to inform future recommendations for construction. The attached Request for Qualifications and Proposal provides more background on the overall approach, in addition to details regarding specific tasks described in Exhibit A - Scope Schedule Fee. To ensure we have sufficient oversight of the design effort throughout all phases of the project, we are recommending using an AIA Master Agreement with individual Service Orders for all Architectural services. A separate contract will be required for General Contractor and Construction Manager services. We believe this framework will allow us to proceed in a timely and efficient format as the project moves forward. The Master Services Agreement (AIA B121) is the overarching contract that details the responsibilities of the owner (City) and Architect (Hennebery Eddy Architects, Inc.) for the duration of the project. Service Orders (AIA B221) will be used to detail specific work to be done as the project progresses. Hennebery Eddy Architects, Inc. was selected using a competitive Request 102 for Qualifications process following 18-8-204 MCA. These agreements have been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Service Order 1 is a stipulated sum of $291,085, in addition to $12,000 for reimbursable expenses. Funding to support this Service Order is currently allocated in the FY26 approved budget. Attachments: Request for Qualifications Proposal Master Services Agreement Service Order 1 Exhibit A - Scope Schedule Fee Report compiled on: December 22, 2025 103 Page 1 of 15 REQUEST FOR QUALIFICATIONS (RFQ) CITY OF BOZEMAN PUBLIC WORKS FACILITY EXPANSION CONCEPTUAL DESIGN PROFESSIONAL ARCHITECTURAL SERVICES CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 September 2025 104 Page 2 of 15 NOTICE IS HEREBY given that the City of Bozeman (City), is seeking a request for qualifications and a request for proposals (hereafter collectively referred to as “proposals” or “responses”) from firms qualified to provide perform concept design services (Phase 1) and potentially final design (Phase 2) and construction services (Phase 3) for an expansion to the City’s Public Works Facilities at one or more sites. Copies of the request for qualifications and request for proposals are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFQ recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFQ title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFQs via email to the City Clerk by September 24, 2025 at 3:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: procurement@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. 105 Failure to comply with the above may be cause for the City to deem the submittal non-responsive. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, procurement@bozeman.net. Questions relating to the RFQ should be directed to: Jon Henderson, Assistant City Manager, (406) 582- 2250, jon.henderson@bozeman.net DATED at Bozeman, Montana, this September 6, 2025 Mike Maas City Clerk City of Bozeman For publication on: Saturday, September 6, 2025 Saturday, September 13, 2025 106 I. INTRODUCTION The City of Bozeman is seeking qualifications from qualified firms to perform concept design services (Phase 1) and potentially final design (Phase 2) and construction services (Phase 3) for an expansion to the City’s Public Works Facilities at one or more sites. Current City facilities are severely lacking in adequate space to accommodate both a growing organization and community. This project will expand on previous master planning efforts to result in a comprehensive approach to address a variety of needs across twelve Divisions. Special considerations will need to be made as it relates to the relocation of staff and equipment without impacting operational efficiencies or service delivery. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction services for one or more projects in a phased implementation of improvements. The scope of the project(s) will be determined based on multiple factors including obtainable priorty needs as identified in the conceptual design process, and the City’s desire to continue with the selected consultant. The selection under this procurement action will be based on all scope of services outlined below notwithstanding Phase 2 or Phase 3 being potential additional services. This RFQ shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFQ if it is in the City’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF SERVICES Phase 1 – Conceptual Design The City seeks to provide expanded operational facilities for the following Divisions: • Streets Division (including Signs & Signals) • Vehicle Maintenance • Water & Sewer • Stormwater • Water Conservation • Parks • Forestry • Facilities • Fire (training facility) 107 • Parking (impound lot) A phased implementation of project location should include, but not limited to, the following city-owned properties (see Atachment B for a map exhibit showing potential facility locations): • North Rouse Avenue Complex – 1812 N. Rouse Ave. • Summit Sports Building & Site – 1804 N. Rouse Ave. • Water Reclamation Facility - 2245 Springhill Rd. • Laurel Glen Annex – 5519 Saxon Way • Sunset Hills Cemetery – 340 Golf Way • Sports Park – 4600 Baxter Ln. The consultant hired will build upon the following master planning efforts: • Public Works Facility Master Plan (2020) • Public Works Facilities Water Reclamation Facility Site Study (2023) Phase 1, Task 1: Final Space Needs Program • Utilizing previous master planning efforts, the selected firm will collaborate with City management and individual Divisions to set a final space needs program for the target design year. The anticipated deliverable for this task will be quantified building areas for office, general shops, heated storage, and covered storage, including a fire training facility and parking impound lot. Phase 1, Task 2: City Shops Complex Market Analysis • The consultant shall complete a market analysis for the potential sale of the city’s existing Shops Complex (814 N. Bozeman Ave.) as means of funding future facility improvements. Phase 1, Task 3: Conceptual Design • The consultant shall analyze needs for all Divisions as it relates to the potential relocation of staff and equipment among a variety of locations that best suit the needs of the their operations and service deliveries. • The consultant shall complete a concept Site Plan for expansion of operations across a number of potential facility locations as described above. • Primary needs are anticipated to include the following: o Addition of shared office space, including but not limited to: • Administrative Support • Superintendent and Foreperson Offices • Shared Meeting Room(s) • Shared Training Room • Locker Rooms  Sites must include on-site employee and visitor parking. o Addition of Heated Equipment Garages  Facilities must be of appropriate size to operate maintenance functions while retaining flexibility for changes in seasonal use. o Addition of Shops and Heated Storage Facilities o Expansion of the existing Vehicle Maintenance Shop o Relocation and expansion of the existing Fire Training Facility 108 o Addition of an Parking Impoud Lot • This task shall include infrastructure design to support the anticipated space needs program for improvements at all sites. • While the City has condition assessment information for most facilities within its portfolio, proposed modifications for any existing facilities should be included. • The city’s intent is to optimize available site acreage for maximum capacity of operations. Phase 1, Task 4: Temporary/Future City Shops Complex Conceptual Design • At the city’s direction based on results of Task 2, the consultant shall complete a concept Site Plan and cost estimate for temporary use of the existing City Shops Complex during construction of future facilities. Construction of improvements at the N. Rouse Ave. site will, at a minimum, necessitate temporary relocation of certain Parks, Forestry, Water/Sewer, and Streets operations utilizing the existing City Shops Complex. If project funding determines future ownership of the site as the city’s highest and best use, this task will be modified to complete a Site Plan for future use. Phase 1, Task 5: Rough Order of Magnitude Cost Estimate • Cost estimates for site improvements and construction of all facilities shall be broken down by Division/fund in order to inform the City’s Capital Improvement Plan and meet future bonding requirements. Conceptual design should be considered to be of a level of detail that includes location and area of buildings and facilities, on-site parking, vehicle circulation, landscaping, offsite infrastructure improvements, and rendered building elevations. Geotechnical services may be necessary to inform site dependent constructability considerations. Efforts should also be made to include high performance construction standards wherever possible as it relates to the City’s adopted Climate Plan, in addition to drought tolerant landscaping and other water conservation efforts. Upon completion of Phase 1, the City may, at its discretion and further subject to available funding, request additional professional services from the selected firm to complete final design and construction for the project (Phases 2 and 3). Phase 2 – Final Design Upon successful completion of conceptual design the City may work with the consultant to complete final design of one or more projects in a phased implementation of improvements. The consultant may work with the City to provide all services necessary to secure all permits/approvals through the city’s Development Review process and complete construction bid documents. Phase 3 – Construction The successful consultant may work with the City to select a General Contractor/Construction Manager (GCCM) to ensure constructability and cost efficiency. The selected firm may work with the GCCM to provide all services necessary to bidding the project and coordinate in oversight of 109 the construction activities of the project. All work must be in compliance with all applicable requirements under Montana and Federal laws and regulations. The City reserves the right to pursue subsequent selection processes for any future project(s) at their sole discretion should fundraising efforts be successful. III. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS As the initial submittal to the City, RFQs MUST BE DELIVERED NO LATER THAN 3:00 PM, MOUNTAIN TIME, September 24, 2025, to the following email address: procurement@bozeman.net. RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information Jon Henderson, Assistant City Manager P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2250 jon.henderson@bozeman.net Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The opportunity for questions related to this document begins on September 8, 2025, with a deadline for all questions to be submitted by 12:00 PM MST on September 18, 2025. B. Selection Timeline Advertising dates: September 6, 2025 and September 13, 2025 Receipt of RFQs: No later than 3:00 p.m. MST September 24, 2025 RFQ Review Complete by Committee: October 3, 2025 Notice of Interviews for Qualified Respondents: October 7, 2025 Interviews: October 29, 2025 and October 30, 2025 Selection: November 4, 2025 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. 110 IV. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS Respondents to this RFQ (“Respondents”) must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of Proposals. The selection committee will review conforming responses using the criteria listed below. Responses to this RFQ that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming responses, the selection committee may decide to schedule interviews with qualified Respondents. Interviews will be conducted virtually. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 5. Selection and Final Recommendation. The selection committee will make a recommendation based on responses to the RFQ and the interview process. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RESPONSES – FORM OF CONTENTS Submit one (1) original digital copy in a single, searchable PDF document file to the following email address: procurement@bozeman.net, prepared as follows: i. General Instructions: a. RFQ responses must be signed by an officer or principal of your firm. b. RFQ responses must be contained in a single searchable PDF document not to 111 exceed 20 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Response Contents: a. Title Page. The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. b. Executive Summary. This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. c. Prime Firm/ Team Profile(s) and Key Project Individuals. Provide information about the firm, including location and number of employees. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. Brief resumes shall be provided for each key project individual. Any proposed subcontractors should be clearly identified and their profiles described. Key staff may not be replaced once a contracting firm has been selected without prior approval of the City. d. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. e. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. 112 f. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? g. Project Approach. Describe your approach to the Project Scope. i. Describe your process for gathering information and input from key stakeholders to refine a fiscally constrained final space needs program. Include examples of tools and techniques your team has experience implementing to gain concurrence on compromises necessary to fit tight funding limits. ii. Describe the expertise of the Prime Firm/Team in knowledge, skills, and abilities related to design of public works facilities that severe winter climates. Firm must demonstrate an ability to design based on the climate demands of Bozeman, Montana. iii. Describe your approach for developing an overall schedule of improvements based on the expectation of a phased implementation of projects across multiple sites and years. iv. Describe your experience with logistical planning of temporary operations impacted by construction. v. Describe your experience with high performance construction standards and sustainable building practices including LEED certification. h. References. Please provide name and contact information for at least three references for public facilities projects completed in the last ten years. i. Affirmation of nondiscrimination and equal pay (see Attachment A). Noncompletion of the Affirmation form is cause for disqualification of Respondents. C. EVALUATION CRITERIA Qualifications and proposals will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 1. Respondent’s approach to the Project: Possible Points: 30 2. Respondent’s experience with projects of similar size and design: 113 Possible Points: 30 3. Qualifications of Firm and Key Personnel to be assigned to this Project: Possible Points: 20 4. Capabilities to meet time schedule and project budget requirements. Possible Points: 10 5. Present and projected workloads: Possible Points: 6 6. Past projects/experience working with the City of Bozeman: Possible Points: 2 7. Office(s) location: Possible Points: 2 V. FORM OF AGREEMENT The successful firm will be expected to approve and authorize the form of agreement included in Attachment C. VI. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ; to waive any minor irregularities, 114 informalities, or failure to conform to the RFQ; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful firm will incorporate the firm's scope of service and work schedule as part of the agreement (see Attachment B for form of Architectural services agreement). The professional services agreement presented to the firm may differ from this form as appropriate for the scope of services). F. This RFQ does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. G. The City reserves the right to cancel, in part or in its entirety, this RFQ including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFQ, all firms who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. VII. ACCESSIBILITY Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader friendly. Accessible documents are often part of web-based information or used for support documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed by people with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic 115 & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines, and ADA Title II State & Local Government nondiscrimination requirements. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. 116 D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator David Arnado at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFQ not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ: Attachment A: Non-Discrimination and Equal Pay Affirmation Attachment B: Map Exhibit Showing Potential Facility Locations Attachment C: Form of Architectural Services Agreement END OF RFQ 117 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 118 BaxterCreekMaryRdBaxt erCreekHuffine Ln Durston Rd Annie St Stucky Rd W Oak St Fallon St W Babcock St King Arthur Park 90 ManleyRdMc Il h att anRdM cIlhattan R d DavisLnFrontage Rd E ValleyCenter Rd 5003 ft 4785 ft FarmersDitch Bridger Dr W M ain S t 191 90WOakStN19th AveNHunt er sWayDavisLnTschache Ln B oylan Rd N15thAveW Babcock St N25thAveBaxter Ln S5thAveN5thAveNFergusonAveMeagherAveS3rdAveS3rdAveB o h a rt Ln S11thAveSWillsonAveFowlerLnSChurchAveE KagyBlvd W Story St W Graf St S19thAveS19thAveStucky Rd Bozeman Blackwood Rd 1 2 3 4 5 6 Esri, NASA, NGA, USGS, FEMA, Montana State University, Bozeman GIS, Montana State Library, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS City of Bozeman Sites & Facilities 1 Sunset Hills Cemetery 340 Golf Way 2 Laurel Glen Annex 5519 Saxon Way 3 N. Rouse Ave Complex 1812 N. Rouse Ave 4 Summit Sports Building & Site 1804 N. Rouse Ave 5 Water Reclamation Facility 2245 Springhill Rd 6 Sports Park 4600 Baxter Ln Item Name Address 119 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) The Owner and Architect agree as follows. 120 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above ("Date of this Master Agreement"). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. 121 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability 122 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) 123 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. (Paragraph deleted) § 5.6Reserved. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising 124 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 from such uses. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. (Paragraph deleted) § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the 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. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. 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. (Paragraphs deleted) § 7.3 Arbitration § 7.3.1 Claims, disputes or other matters in controversy arising out of or related to the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 125 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 § 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3.4 Consolidation or Joinder § 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. (Paragraph deleted) § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 126 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 (Paragraphs deleted) Reserved. § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: (Paragraph deleted) § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraphs deleted) § 9.4.2 Reserved. § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. % 127 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 9 § 9.5.1.2 Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: 128 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 10 (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person, bar a person from employment or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, aga, 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 Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) 129 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 11 This Master Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) (Printed name and title)(Printed name, title, and license number, if required) 130 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 19:51:00 ET on 05/31/2022. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 PAGE 1 City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771 PAGE 3 § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. … With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. … Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. … With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. 131 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 2 … § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. … § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. … § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.6Reserved. … § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, of, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a 132 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 3 Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9. § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6. § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the 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. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. 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. 133 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 4 § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 7.3 of this Master Agreement [ ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question Claims, disputes or other matters in controversy arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.other-party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. § 7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. PAGE 7 § 7.3.3 The If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. … § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement. … 134 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 5 § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. … § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. together with Reimbursable Expenses then due. § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: Reserved. PAGE 8 § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. … (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) … § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: … 135 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 6 .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved. … § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) PAGE 9 § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. … § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. … § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or 136 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 7 consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.Reserved. … § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person, bar a person from employment or discriminate against a person in 137 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 8 compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, aga, 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 Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. PAGE 10 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Master Agreement.) .3 .2 Exhibits: … .4 .3 Other documents: 138 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 19:51:00 ET on 05/31/2022 under Order No.2114327997 which expires on 05/25/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1417170810) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 19:51:00 ET on 05/31/2022 under Order No. 2114327997 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121™ – 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 139 From:Camilla Cok To:Bozeman Procurement Cc:Sarah Kitchin Subject:[EXTERNAL]Public Works Facility Expansion Conceptual Design, Hennebery Eddy Architects, Due 9/24/25 at 3pm Date:Wednesday, September 24, 2025 1:07:02 PM Attachments:Public Works Facility Expansion Conceptual Design, Hennebery Eddy Architects.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please find attached our response to the referenced RFQ: City of Bozeman Public Works Facility Expansion Conceptual Design Professional Architectural Services, due 9/24/25 at 3pm. Confirmation of receipt is greatly appreciated. Thank you! Camilla Cok AIALEED AP BD+CPrincipal | Architect 406 580 7180 DIRECT541 313 6779 MAINhenneberyeddy.com Hennebery Eddy Architects, Inc. Designing to inspire, embrace, and renew. This message may contain confidential communications and/or privileged information. If you have received it in error, please delete it and notify the sender. 140 i Public Works Facility Expansion Conceptual Design CITY OF BOZEMAN 24 SEPTEMBER 2025 141 Hennebery Eddy Architects, Inc. TABLE OF CONTENTS Executive Summary Prime Firm Profile & Key Project Individuals Experience & References Firm Workload Claims Project Approach Attachment A 01 02 07 13 13 14 Hennebery Eddy Architects, Inc. 109 North Rouse Avenue, Bozeman, MT 59715 (406) 585-1112 Camilla Cok AIA Principal in Charge (406) 580-7180 ccok@henneberyeddy.com Title Page CITY OF BOZEMAN PUBLIC WORKS FACILITY EXPANSION CONCEPTUAL DESIGN PROPOSAL CONTACT & AUTHORIZED REPRESENTATIVE FIRM NAME ADDRESS PHONE NUMBER Fort Ellis Fire/Rescue New StationCover Image: Middle image courtesy City of Bozeman Facebook page 142 City of Bozeman | Public Works Facility Expansion Bonneville Power Administration Ross Campus Fleet Services Building Executive Summary 143 City of Bozeman | Public Works Facility Expansion 1Hennebery Eddy Architects, Inc. Executive Summary The Bozeman Public Works Facility Expansion represents a critical investment in the safety, resilience, and quality of life in our rapidly growing city. We commend the City of Bozeman on the work you’ve done to reach this stage where you are ready to put your 2020 and 2023 planning efforts into practice. Phase 1 will build upon that work by confirming the space needs program and analyzing the market potential of your sites to create a concept and road map for Bozeman Public Works’ future. The City has an increasing demand for services and space, various stakeholders, and limited funding sources through which to balance your needs. We look forward to helping you solve challenges and capitalize on opportunities. WE LISTEN FIRST. “Listen first” is one of our core firm values and integral to our approach. The City and your Public Works Divisions are the experts when it comes to what you need and how you work — our job is to help you clearly articulate and distill that information. By actively listening and asking follow-up questions, our team will gain a deeper understanding of what you do and what you need. This is the basis of how we will bring your groups together to define common vision. We’ve refined this process through our experience with similar clients and projects, like the City of Bend Public Works Campus, which centralizes five critical departments and 300 employees from four locations into one. Likewise, at the Central Oregon Ready, Responsive, Resilient Center Public Safety Training Center (CORE3), where we are planning and designing a training and emergency management campus with 28 agencies representing local, regional, and state stakeholders. We bring what we’ve learned from these projects to gain clarity and consensus toward your goals. WE SERVE THOSE WHO SERVE. For more than 30 years, Hennebery Eddy has designed workplaces that serve public employees. We design fleet and operations facilities, civic offices, fire stations, airports, parks, and other spaces that serve the public and last for generations. Following our “listen first” process, we translate the information we’ve gathered into functional, healthy, and dignified spaces that honor civil servants’ dedication and thoughtfully meet their needs. We bring a clear understanding of both the day-to-day and long-term requirements of these facilities and their specific considerations — like safe separation of people and heavy vehicle activity; the importance of daylighting for those whose shifts start before dawn; and the need for all employees to feel welcome, comfortable, and valued regardless of their task or role. When public works employees feel supported, they are more likely to not only stay in their jobs but perform at their best. These are the types of facilities the City of Bozeman deserves. WE THINK LONG TERM. Beyond safety and function, we’ll design adaptable and resilient spaces that last for generations, attract valuable workers, and provide long-term value to taxpayers. We do this by challenging assumptions, seeking out efficiencies, and leveraging best practices for public works buildings and sites. Our deep experience in this sector has demonstrated the value of “loose fit for long life” — favoring flexible configurations that allow spaces to serve multiple functions, evolve over time, and accommodate future growth. We also work with a simple palette of durable materials and incorporate practical sustainable systems that take advantage of site-specific conditions. This way, your facilities can be both efficient and long- lasting, creating value now and for Bozeman’s future. Designing to inspire, embrace, and renew. Conditions or Restrictions If selected, Hennebery Eddy Architects would seek to clarify language within the Attachment C form of agreement. Tribute to Bonneville Power Administration personnel on the shop wall of the Ross Campus Fleet Services Building. 144 City of Bozeman | Public Works Facility Expansion City of Bend Public Works Campus Prime Firm Profile & Key Project Individuals 145 City of Bozeman | Public Works Facility Expansion 2Hennebery Eddy Architects, Inc. Driven by a passion for community, connecting people to nature, and making others successful, Hennebery Eddy designs to inspire, embrace, and renew. We are thoughtful architects, planners, and interior designers who create places where people work, learn, gather, and recreate. Our Bozeman studio has helped to shape the Gallatin Valley and Yellowstone region for 30 years and is supported by the firm’s full staff of 100. Rooted in inquiry, our design approach results in refined architecture of its place that is connected to communities, empowers users, and welcoming to all. We advocate for healthy, efficient, and adaptive design and the revitalization of existing places, with emphasis on working with public clients. Hennebery Eddy is recognized as a Living Future JUST ORGANIZATION, reflecting our enduring commitment to equity and social justice. Bozeman Location 109 North Rouse Avenue, Bozeman, MT 59715 Additional Locations: 921 SW Washington St., Suite 250 Portland, OR 97205 1000 NW Wall St., Suite 220 Bend, OR 97703 Number of Employees 100 firm wide Prime Firm Profile & Key Project Individuals ABOUT HENNEBERY EDDY Financial Stability Hennebery Eddy has demonstrated consistent, stable, and sustainable financial growth over its 33-year history as an architecture firm. Currently generating $35 million in annual gross revenues, the firm is well-positioned to meet its financial obligations while investing in future growth and infrastructure. The firm maintains a line of credit as a seldom-used but available financial resource. Who We Are Inspire Foster Delight Enable Well-being Advance the Profession Be Memorable Embrace Remove Barriers Strengthen Context Harmonize with Nature Seek New Ideas Renew Enhance the Environment Learn from the Past Steward Resources Revitalize Communities What We Believe Pause, Then Question Respond to Context Think Long Term Preserve the Past Edit to the Essentials How We Work Far left: Project manager Sarah Kitchin and principal in charge Camilla Cok recently presented to local public clients about how to foster a partnership that capitalizes on strengths. Left: Our studio art gallery facing Rouse Avenue is about making connections — with our neighbors, friends, clients, and colleagues. 146 City of Bozeman | Public Works Facility Expansion 3Hennebery Eddy Architects, Inc. STRENGTHS & CAPABILITIES DEEP SUBJECT MATTER EXPERTISE: Recognized experts in this project type, with a strong foundation of technical knowledge and strategic insight on best practices. INSIGHT INTO MODERN MUNICIPAL OPERATIONS: We understand the current and evolving needs of city operations and design with those realities in mind. PROVEN LEADERSHIP IN STAKEHOLDER MANAGEMENT: Skilled at navigating and coordinating large stakeholder groups with multiple perspectives and needs. WE LISTEN FIRST: We approach each project with an open mind, free of preconceptions, and prioritize understanding over assumptions — allowing our solutions to be shaped by genuine collaboration. DELIBERATE, THOUGHTFUL PROCESS: We invest time to learn and understand rather than rushing to deliver commodified solutions. NO SIGNATURE STYLE — ONLY SIGNATURE FIT: Every building is uniquely crafted to meet the distinct needs of its users, unique character of each place, and the specific goals of each client. STRATEGICALLY LOCATED: Our office is adjacent to City Hall, offering easy accessibility, with primary project team members based in Bozeman. REGIONAL FIRM RESOURCES: We are one team — local and fully integrated — with all subject matter experts in-house. Our local studio is backed by the full resources of a large firm, including robust quality control and constructability expertise and in-house sustainability expertise, including daylight and energy modeling. OUR TEAM: KEY INDIVIDUALS & CONSULTANTS We’ve built an integrated design team that blends local expertise, stakeholder connections, and subject matter proficiency. Primary team contacts are in based in Bozeman. Our proposed consultants were selected to support the scope of Phase 1. We will work with the City to build out the full team as needed for Phases 2 and 3. Multnomah County Library Operations Center Public Works Campus Experience Hennebery Eddy brings years of experience designing public works facilities for public agencies and utilities, as well as vehicle-focused buildings like fleet maintenance centers and fire stations. Our work emphasizes creating durable, aesthetically integrated facilities that respond to sensitive sites, support public safety, and incorporate sustainable systems tailored to local conditions like weather, solar orientation, and natural light. These projects often involve complex permitting, multiple stakeholders, and planning for continuous operations with future adaptability in mind. A core priority is ensuring a safe workplace, especially in environments involving heavy equipment and shared public access, where best practices are essential to maintaining safety for both staff and visitors. Bonneville Power Administration Ross Campus Fleet Services Building 147 City of Bozeman | Public Works Facility Expansion 4Hennebery Eddy Architects, Inc. Originally from Bozeman, Camilla brings nearly 20 years of experience designing public-serving facilities, with a focus on public works and emergency response campuses. Her work across the Northwest has built deep expertise in space optimization, crew safety, and long-term adaptability. She leads complex projects with diverse stakeholders, as demonstrated in her role as project manager for the City of Bend’s Public Works Campus and the CORE3 Public Safety Training Center. SELECTED PROJECTS • Public Works Campus, City of Bend — Bend, OR • Ross Campus, Bonneville Power Administration — Vancouver, WA • Central Oregon Ready, Responsive, Resilient Public Safety Training Center (CORE3), Central Oregon Intergovernmental Council — Redmond, OR • Headquarters Station & Emergency Operations Center Feasibility Study & Conceptual Design, Hamilton Rural Fire District — Hamilton, MT • Fort Ellis Fire/Rescue New Station — Bozeman, MT • Stations 16 & 19, Clackamas Fire District No. 1 — Oregon City & Damascus, OR QUALIFICATIONS Registered Architect: Montana #20732 | LEED AP Building Design + Construction | NCARB Certification | American Institute of Architects Member | Design Build Institute of America Member | City of Gresham Design Commission, Vice Chair (2019-2022) | Master of Architecture, Montana State University | Bachelor of Arts, Environmental Design, Montana State University Sarah is a project manager with more than 14 years of experience delivering public-facing projects across the American West and East Africa. She leads mission-driven teams and budget-conscious clients in creating high-quality, community-serving spaces through inclusive design, stakeholder engagement, and architecture that advances equity and resilience. An expert in managing complex construction processes, Sarah excels at aligning design intent with client goals and community impact. She managed the MSU Strand Union Building project, overseeing the schedule and stakeholder engagement strategy to meet MSU’s critical path for student elections and Board of Regents review. SELECTED PROJECTS (COMPLETED WHILE AT OTHER FIRMS) • Strand Union Building, Montana State University — Bozeman, MT • Haven Domestic Violence Shelter, Haven — Bozeman, MT • Montana Raptor Conservation Center — Bozeman, MT • Big Sky Early Learning Center, Gallatin River Child Care — Big Sky, MT • Barelas Community Kitchen, Street Food Institute — Albuquerque, NM • Headquarters, One Acre Fund — Kakamega, Kenya • Butaro Oncology Support Centre, Partners in Health — Butaro, Rwanda • University of Global Health Equity, Partners in Health — Butaro, Rwanda QUALIFICATIONS Registered Architect: Montana #18049 | LEED Green Associate | American Institute of Architects: Member; Montana Chapter Director of Connections | Master of Architecture, Montana State University | Bachelor of Arts, Environmental Design, Montana State University Camilla Cok AIA, LEED AP BD+CPrincipal in Charge Sarah Kitchin AIA, LEEDProject Manager Camilla will draw on her deep experience delivering public projects to commit the firm’s resources to the project and confirm your expectations are being met. Sarah is your day-to-day contact and will listen to and organize the multitude of stakeholders and user groups for the Public Works Facility. 148 City of Bozeman | Public Works Facility Expansion 5Hennebery Eddy Architects, Inc. Dan brings more than 20 years of experience designing public projects, with deep expertise in public works and utility facilities and campuses. As the lead designer for BPA’s Ross Fleet Services Building, the City of Bend Public Works Campus, and PGE’s Oregon City Operations Center, he specializes in durable, low-maintenance, and sustainable design that supports occupant well-being and operational efficiency. Dan’s iterative, context-driven approach reveals project-specific solutions through collaboration, technical rigor, and stakeholder engagement. SELECTED PROJECTS • Public Works Campus, City of Bend — Bend, OR • Ross Campus, Bonneville Power Administration — Vancouver, WA • Oregon City Operations Center, Portland General Electric — Oregon City, OR • Maintenance Facility Replacement, National Park Service, Pu’uhonua o Honaunau National Historical Park — Honaunau, HI • Operations Center, Multnomah County Library — Portland, OR • Cleveland MAX Station Operations Buildings, TriMet — Gresham, OR • Steam Locomotive Maintenance Facility & Visitor Center, Oregon Rail Heritage Foundation — Portland, OR • PDX Concourse E Extension, Port of Portland — Portland, OR QUALIFICATIONS Registered Architect: Oregon #5724 | LEED Green Associate | American Institute of Architects Member | Master of Architecture, University of Oregon | Bachelor of Arts, Fine Arts, University of Washington Jeana brings 10 years of experience in architecture and interior-focused roles, excelling at translating client goals into efficient, inspiring, user-centered spaces. She consistently finds creative ways to collaborate and achieve challenging project goals, embracing budget and programmatic constraints as opportunities for creative, resilient solutions. Skilled in design across multiple scales — from high-level concepts to detailed execution — Jeana thrives when working closely with design teams and stakeholders. SELECTED PROJECTS • Gianforte Hall School of Computing, Montana State University — Bozeman, MT • Fort Ellis Fire/Rescue New Station — Bozeman, MT • Eck Hall Liberal Arts Building Phased Renovation, University of Montana — Missoula, MT • Bozeman Yellowstone International Airport Concessions — Belgrade, MT PROJECTS COMPLETED WHILE AT OTHER FIRMS • Confidential Technology Client New Office — Seattle, WA • New Headquarters, Holland America — Seattle, WA • New KEXP Radio Station — Seattle, WA QUALIFICATIONS Registered Architect: Montana #29494 | LEED Green Associate | American Institute of Architects Member | Master of Architecture, Rhode Island School of Design | Bachelor of Science, Architectural Studies, University of Utah Dan Petrescu AIA, LEEDSubject Matter Expert Jeana Antle AIA, LEEDProject Architect Jeana excels in creating user- centered spaces through innovative, collaborative design — ideal for leading this complex, budget-conscious public project. Dan will focus on long-term value, safety and comfort for all, and responsible public spending to create resilient, high-performing operational spaces. 149 City of Bozeman | Public Works Facility Expansion 6Hennebery Eddy Architects, Inc. SanbellCivil Engineering Sanbell is a community design firm with 56 years of experience delivering enduring, people- centered infrastructure across the Western Region. Backed by a multidisciplinary team of 300+ professionals — including engineers, planners, landscape architects, surveyors, and inspectors — Sanbell specializes in planning, designing, and managing public infrastructure that prioritizes safety, accessibility, and long-term value. From street reconstructions and multimodal corridors to federally funded trail and sidewalk improvements, the firm partners with municipalities, counties, and state agencies to build intelligent, lasting infrastructure. Sanbell brings deep experience with the City of Bozeman and similar project types. Their work responds to the evolving needs of rapidly growing communities, ensuring each project contributes to a more connected, resilient future. ECOnorthwest (ECO)Market Analysis ECO is a nationally recognized consulting firm with more than 50 years of experience in economics, public finance, and urban planning. Serving public-sector clients across the Mountain West, the firm provides expertise in market analysis, demographic forecasting, and capital planning. In Montana, ECO has supported strategic planning for Missoula County and the Missoula Midtown Association, developing housing and economic strategies aligned with local needs. The firm also helped identify infrastructure funding to support growth in the Wye area. Known for translating community priorities into data-driven solutions, ECO maintains a strong partnership with DCW. For the City of Bozeman, the firm will deliver demographic forecasting, financial analysis, and strategic planning to support a facilities plan aligned with long-term operational goals. DCW Cost Management (DCW)Cost Estimating DCW specializes in cost consulting for infrastructure, property maintenance, and construction development. Embedded in the regional construction community, DCW delivers market-informed cost data grounded in a clear, efficient development perspective. They bring a wealth of experience supporting public works projects for cities, counties, and municipalities across the Pacific Northwest and in Montana — including multiple collaborations with Hennebery Eddy and ECO — providing detailed cost planning that helps agencies balance budgets, assess phasing strategies, and deliver essential community-serving facilities. With proven expertise in Target Value Delivery, successfully implemented on several Hennebery Eddy projects, DCW brings adaptable processes and strategic cost planning support. DCW collaborated with Hennebery Eddy to provide cost planning for Gianforte Hall, Montana State University’s new School of Computing building. Services included mechanical system evaluation and cost reviews during design phases. The purpose-built facility supports MSU’s computer science program, with budgeting strategies established early to guide design alignment. ECOnorthwest led a team of six subconsultants to develop a master plan for the Missoula Midtown Association, focused on expanding housing, employment, and transportation options through economic development strategies. The firm conducted market analysis and crafted development strategies to address financial and regulatory barriers, supporting equitable growth for residents and businesses. Sanbell provided civil engineering and survey services for the City of Billings Operations Center, a 16-acre campus with office, storage, and maintenance facilities for multiple divisions, including fleet services. Centrally located, the center streamlines operations, improves interdivisional coordination, and enhances service delivery across the city. Proposed Consultants 150 City of Bozeman | Public Works Facility Expansion Fort Ellis Fire/Rescue Fire Station Experience & References 151 City of Bozeman | Public Works Facility Expansion 7Hennebery Eddy Architects, Inc. CITY OF BEND PUBLIC WORKS CAMPUS Hennebery Eddy is leading the design of the City of Bend Public Works Campus, consolidating five essential departments and 300 employees into a single location to enhance operational efficiency and collaboration — critical for year-round public services. These departments maintain streets, utilities, and infrastructure and play a vital role during natural disasters. The city recognized the need for additional space for their existing and growing workforce, many of whom currently operate out of aging and deteriorating pre-engineered metal buildings (PEMB). Beyond functionality, the new campus is also intended to serve as a strategic recruitment tool as the city continues its rapid expansion. The project balances the budget of a present-day facility with the programmatic needs of a 2055 forecast. Key components include: • A three-story cross-laminated timber (CLT) headquarters, providing a sustainable and efficient workspace • A warm vehicle storage, shops, and warehouse facility, ensuring fleet readiness in all conditions • A fleet maintenance shop, designed to streamline operations and maximize service efficiency The site design integrates a complex program into a 30-acre undeveloped parcel while preserving the high desert landscape, including a native demonstration garden at the public entrance. Extensive daylighting studies informed the design to support circadian health for workers starting shifts as early as 4 a.m. Experience PROJECT 1 152 City of Bozeman | Public Works Facility Expansion 8Hennebery Eddy Architects, Inc. Flexible workspaces offer views of the local landscape. Radiant floor heating and cooling in the maintenance bays improves energy efficiency and occupant comfort. Durable, low-maintenance materials — mass timber and weathering steel — support long-term performance. To support future growth and reduce redundancy, the campus consolidates departments and streamlines facility functions. Our team developed a workspace density formula to determine space types and quantities, informing the headquarters footprint. Innovation came from transitioning engineering and management staff from aging, windowless offices to flexible, activity-based workspaces designed for collaboration. The building is optimized for expansion, with mezzanine space and infrastructure for solar panels to support an all-electric fleet. To align with the City’s mission, the campus incorporates resiliency measures as part of a net-zero, all-electric design, including battery backup and future-ready infrastructure. Hennebery Eddy collaborated closely with the City’s project manager to coordinate over a year of meetings and presentations with stakeholders — including City Council, neighborhood associations, and the various departments that were moving to this site. Early scheduling established feedback loops and ensured consistent information sharing. Through clear communication with consultants, trade partners, and contractors, 12 design and permit packages were delivered on time, with built-in opportunities for feedback and budget checks — without a single missed deadline. The project prioritized local engagement by involving small businesses, minority- and women-owned firms, and multiple artists to contribute public art that reflects Bend’s cultural identity and fosters community connection. PROJECT DETAILS Location Bend, Oregon Client City of Bend Square Footage 138,000sf Cost $130M Completion October 2025 (estimated) Proposed Team Members Camilla Cok, Project Manager Dan Petrescu, Lead Designer PROJECT 1 Reference Contact Jo Wells, Facilities Architect Principal Project Manager (541) 323-5997 jwells@bendoregon.gov Headquarters Building and Warm Vehicle Storage Building Water Quality Testing Lab 153 City of Bozeman | Public Works Facility Expansion 9Hennebery Eddy Architects, Inc. BONNEVILLE POWER ADMINISTRATION ROSS CAMPUS The Bonneville Power Administration (BPA) oversees power distribution across 300,000 square miles in the Northwest. Located in Vancouver, Washington, the Ross Campus serves as a critical operations and administrative hub for BPA’s regional fleet and staff and handles equipment too large for their regional headquarters, drawing trucks from across the BPA network (WA, OR, ID, MT, WY, UT, NV, CA). Our team partnered with BPA to reimagine approximately one-third of the 17-acre campus, with a focus on improving safety, operational efficiency, and long-term resilience. The redesigned site enhances circulation and zoning across four buildings totaling 42,500 square feet: • Fleet Services Building • Bronto Building • Plate-Cutter Building • Anglemaster Building • Truck Wash Area, Loan Pool Yard, and Steel Yard A primary goal was to untangle nearly 50 years of incremental development that had led to unsafe and inefficient conditions. The new layout introduces clearly defined zones for heavy equipment, personal vehicles, bicycles, and pedestrians, significantly improving workflow and reducing conflict between uses. BPA’s signature “safety orange” color marks a north-south circulation axis that acts as both a visual cue and a physical barrier between active service areas and administrative functions. Orange accents throughout the facility reinforce safe pathways and entrances for staff and visitors. PROJECT 2 154 City of Bozeman | Public Works Facility Expansion 10Hennebery Eddy Architects, Inc. The new fleet services building includes 10 pass-through bays, minimizing vehicle repositioning and enabling faster deployment of equipment back into the field. Radiant slab heating delivers warmth directly at the floor level — where mechanics work — rather than heating the tall interior volume, resulting in substantial energy savings. Despite the building’s high operational demands, it is projected to use 42% less energy than the code baseline. To meet LEED Gold certification, the design incorporates durable, low-maintenance systems and materials. A PEMB features a custom rainscreen that allows for continuous exterior insulation and enhanced airtightness. Redundant HVAC systems, backup generators, and a high-performance structural frame help keep the facility operational during extreme conditions. As a Category IV Essential Facility, the building is designed to withstand and function through disasters such as floods, earthquakes, and severe storms, supporting BPA’s critical role in regional emergency response. The site transformation also includes pollinator-friendly landscaping and onsite stormwater treatment, replacing paved areas with vibrant wildflower fields that support ecological health and biodiversity. Interior spaces are designed to promote wellness and collaboration, featuring open workspaces, conference rooms, lounges, and locker and wellness rooms. To honor BPA’s legacy, the design incorporates agency artifacts, including a custom chandelier made from vintage glass insulators and a historic image supergraphic on the shop wall. These elements connect the facility’s future-forward mission with its rich history and dedicated workforce. PROJECT DETAILS Location Vancouver, Washington Client Bonneville Power Administration Square Footage 42,500sf Cost $35.6M Completion February 2020 Proposed Team Members Dan Petrescu, Project Architect Camilla Cok, Project Team PROJECT 2 Reference Contact Thane Miller, Program Manager (360) 820-5643 tmiller@bpa.gov 155 City of Bozeman | Public Works Facility Expansion 11Hennebery Eddy Architects, Inc. FORT ELLIS FIRE/RESCUE NEW STATION After five decades of service, Fort Ellis Fire/Rescue needed a larger, more efficient station to support its volunteer firefighters and expanding equipment. The new facility houses 10 fire and rescue apparatuses, with room for future growth. Designed as a community landmark in the rural landscape east of Bozeman, it features a community room that fosters neighborhood engagement and visual connections to the apparatus bay and public spaces. The site supports daily operations and peak activity with ample visitor parking and looped circulation for efficient apparatus movement during training and emergency surges. Architecturally, the building draws from the simple forms of nearby agricultural structures. A restrained palette of durable materials — metal and wood — helps it blend into its surroundings. South-facing orientation offers views of Mount Ellis, while deep overhangs provide seasonal shading and daylighting to enhance energy performance and comfort. Faced with a tight budget and rising construction costs during the COVID-19 pandemic, Hennebery Eddy guided the client through funding challenges by exploring alternative structural strategies. The result is a resilient, resourceful facility serving the community. PROJECT 3 Location Bozeman, Montana Client Fort Ellis Fire Service Area Square Footage 11,200sf Cost $6M Completion October 2023 Proposed Team Members Camilla Cok, Project Manager, Jeana Antle, Project Team Reference Contact Norbert Hackl, Fort Ellis Fire Board Chair, (406) 539-0049, nkhackl@gmail.com 156 City of Bozeman | Public Works Facility Expansion 12Hennebery Eddy Architects, Inc. ADDITIONAL PUBLIC WORKS + OPERATIONS FACILITIES PROJECTS ADDITIONAL MASTER PLAN + PHASING PROJECTS Recent and current work for the City includes: City Hall Renovation City Hall Miscellaneous Projects Four Corners Water Reclamation Facility Public Library Expansion Planning Study Public Library Open Door Resource Hub Solid Waste Disposal Facility Expansion T.B. Story Mansion Historic Assessment Bonneville Power Administration Facility Portfolio Delivery Under a 10-year progressive design- build on-call contract, Hennebery Eddy is delivering critical infrastructure projects across Montana, Washington, Oregon, and Idaho. This work involves evaluating existing facilities and providing tailored recommendations — ranging from routine maintenance to comprehensive facility master planning — for secure, occupied sites. Portland General Electric Oregon City Operations Center As part of a broader initiative, Hennebery Eddy is leading the redevelopment of the 11.71-acre Oregon City Operations Center to enhance district-wide utility operations. The project includes new office space, warehouse and garage facilities, fueling stations, and site improvements, designed primarily for staff use with limited public access. NPS, Pu’uhonua o Honaunau National Historical Park Admin & Maintenance Facility Hennebery Eddy is designing a new maintenance facility on a sensitive coastal site in Hawai’i, replacing unsafe structures. The project prioritizes cultural resource protection, climate resilience, and operational efficiency, with minimal ground disturbance and alignment with park planning and environmental compliance. NPS, Yosemite Valley Maintenance Building 527 Rehabilitation Hennebery Eddy led planning for a Yosemite National Park facility serving Utilities, Buildings & Grounds, Roads/Trails/Forestry, Fire Management, Law Enforcement, and Investigative Services. We conducted surveys and workshops to identify shared space needs, then developed alternatives with cost estimates and facilitated a multi-day workshop to select a preferred option. Bozeman Yellowstone International Airport Master Plan Hennebery Eddy is leading a four-phase master plan and terminal expansion to maintain uninterrupted operations at Montana’s busiest airport. The former terminal served as swing space, while environmental graphics and public outreach supported clear communication and dignified, functional temporary experiences throughout construction and transition. Montana State Legislature, Capitol Long-Range Planning Hennebery Eddy led a master plan for the State Capitol’s legislative spaces, collaborating with bipartisan leaders to develop phased recommendations through 2027. Our team guided a process of discovery, exploration, and final recommendations for long-term space needs for multiple divisions. Central Oregon ‘Ready, Responsive, Resilient’ Public Safety Training Campus (CORE3) Hennebery Eddy is leading multi-phase planning and design for the CORE3 public safety training campus and emergency coordination center, serving 28 regional agencies. While the current Phase 1 includes the most critical campus elements, we developed a comprehensive master plan that included future phases to be realized when funding becomes available. CITY OF BOZEMAN EXPERIENCE Bozeman Yellowstone International Airport 157 City of Bozeman | Public Works Facility Expansion Montana State University Gianforte School of Computing Firm Workload & Claims 158 City of Bozeman | Public Works Facility Expansion 13Hennebery Eddy Architects, Inc. Firm Workload CAPACITY, WORKLOAD & CAPABILITY TO MEET TIME & BUDGET REQUIREMENTS Bozeman Studio Projects Under Contract DESIGN PHASE • Ben Reifel Visitor Center Rehabilitation & Expansion, National Park Service, Badlands National Park • “4 Lazy F Ranch” Cabins Rehabilitation, National Park Service, Grand Teton National Park • Eck Hall Renovation Phase 8, University of Montana • Lakeside Wastewater Treatment Plant, Lakeside County Water & Sewer District CONSTRUCTION PHASE • Gianforte Hall School of Computing, Montana State University • East Terminal, Bozeman Yellowstone International Airport • Yellowstone Park Transportation Company Gardiner Laundry Building, Xanterra Parks & Resorts • Moonlight Basin Wastewater Treatment Plant, Lone Mountain Land Company • Bozeman School District 7, Willson Day School Phase 1 • Montana State Capitol Exterior Building Improvements, State of Montana We are committed to supporting the City and have assembled a highly skilled, readily available project team. With several large-scale projects transitioning into construction, our team is prepared to begin planning and design work immediately. For this contract, principal in charge Camilla Cok will commit the staffing and resources that align with project needs. As illustrated in the chart below, our team has sufficient capacity to take on Phase 1. As we move past Phase 1, additional capacity becomes available. In Phases 2 and 3, we will add team members as other projects wrap up. Our team is capable of meeting the project’s budget and schedule requirements. More about our approach to budgeting and scheduling, along with initial schedule suggestions, can be found in the Project Approach section. Name Role Phase 1 Phase 2 - 3 Camilla Cok Principal in Charge 15%40% Sarah Kitchin Project Manager 90%100% Jeana Antle Project Architect 100%100% Dan Petrescu Subject Matter Expert 20%50% Additional team members will be added to accommodate Phases 2 and 3 Team Availability By Phase Projected Capacity $147M in Construction Cost Bozeman Public Works Phase 1 Additional Firm Resources 85+ total staff in our Portland and Bend offices. Committed Workload $220M in Construction Cost Claims Hennebery Eddy has not been assessed or paid liquidated damages after completion of a project under a contract with a public owner anytime within the last 10 years. Bozeman Office Capacity 2026 Forecast City of Bend Public Works Campus 159 City of Bozeman | Public Works Facility Expansion Bonneville Power Administration Ross Campus Fleet Services Building Project Approach 160 City of Bozeman | Public Works Facility Expansion 14Hennebery Eddy Architects, Inc. Aspire: Vision Alignment The City has made strong progress in defining how Public Works must scale to serve our growing community. Our ASPIRE phase will refine priorities for the new Public Works Facility through a fiscally responsible lens. We’ll host a workshop with steering committee, division leaders, and city staff to identify success factors — outlined in your PROJECT CHARTER — that will guide all decisions. Clear goals will balance stakeholder interests, focus work sessions, and support objective, agreed-upon criteria. Because this facility is a once-in-a-generation opportunity, turning vision into reality will be our ultimate measure of success. At project kick-off, our team will also conduct a COST VALIDATION to clarify the target budget and what can be included now versus phased later, an essential step for the work ahead. Charter and cost validation are explained more in the next section. Project Approach OUR FOUR-STEP APPROACH Our four-step process of ASPIRE, LEARN, EXPLORE, REALIZE is our tried-and-true approach to guide us through Phase 1, keeping your goals at the forefront — so we solve the right problems to achieve the right solutions. The order of our approach is intentional: after first establishing your goals and learning about how you work, we then explore options that achieve your goals and address what we’ve learned. Gathering information and input from stakeholders is critical to this process. i. Describe your process for gathering information and input from key stakeholders to refine a fiscally constrained final space needs program. Explore RealizeAspireLearn leadership — to share feedback in the ways they feel most comfortable. We’ll collaborate with you to map out a clear workplan incorporating the various groups and formats, typically combining surveys, small group interviews, and larger workshops to identify opportunities for efficiency, collaboration, and cross-division insights. By understanding each user’s experience and the requirements of vehicles and equipment, we can plan dignified, safe, and healthy workspaces while seeking efficiencies across divisions. Our team will update programming documents for division activities, vehicles, and equipment, then create diagrams of prototypical spaces, critical adjacencies, equipment needs, and performance goals such as acoustics, vibration, temperature, and security. Simultaneously, we’ll revisit the ASPIRE phase cost model to help keep the project on budget as we move into the EXPLORE and REALIZE phases. Learn: Program Confirmation The 2020 and 2023 planning documents provide valuable insights, and our team is prepared to build on your work with efficient implementation ideas. We already see opportunities for enhancement, incorporating efficiencies, best practices, and alternative approaches. Gaining a first-hand understanding of the current state is essential, and a program review and confirmation process will position us for success as we begin proposing solutions. Our team will conduct confirmation interviews with key stakeholders, users, and division leads to review the program and understand how divisions operate. Guided by our principle of LISTEN FIRST, we focus on questions and exercises that explore what participants do, rather than just what they need, uncovering solutions that might not have been considered. We also provide multiple ways for everyone — from front-line staff to City Project Charter Vision Alignment Cost Validation Market Analysis Program Confirmation Site Evaluations Phase Options Market Analysis Select & Refine Option Prepare Deliverables 161 City of Bozeman | Public Works Facility Expansion 15Hennebery Eddy Architects, Inc. TOOLS & TECHNIQUES We have experience managing large, diverse client groups and navigating their disparate perspectives. In addition to the processes described in the prior section, the following tools and techniques help us facilitate productive discussions, generate buy-in among stakeholders, and stay focused on goals. ii. Include examples of tools and techniques your team has experience implementing to gain concurrence on compromises necessary to fit tight funding limits. Project Charter WHEN: Aspire phase. | WHY: Evaluate conflicting design goals. HOW: To lay a foundation for success, we kickoff the project by establishing a project charter to clearly define the PURPOSE, PRIORITIES, and decision-making PROCESS. By understanding and documenting the City’s goals and aspirations, we establish a shared set of guardrails that every member of the project team can reference when faced with what may appear to be conflicting goals. Because we will establish this charter before initiating the cost validation process or exploring design options, we will codify the City’s expectations before any ideas are explored, let alone selected. The entire team will use this charter as a touchstone for decision-making all the way through post-occupancy. We understand that some decisions are particularly complex and require extra thoughtful consideration; the charter offers clarity and direction. Engagement Levels & Consensus Continuum WHEN: Throughout the project. | WHY: Integrate diverse voices and build buy-in at every level. HOW: To build a facility that meets the needs of its workers, it is important to engage people from every group and level. This does not mean everyone gets a say in the final decisions, but it does mean there are opportunities for input — allowing everyone to find their way to connect to the project. The charter process will outline when and how certain groups can weigh in, from basic information share-outs all the way up to daily involvement in design decisions. This process includes clearly defining who the City’s ultimate decision-makers are and identifying their ideal process for making decisions so that we work toward resolution with efficiency and transparency. It’s natural that divisions will come with differing perspectives and opinions. We view this as a benefit, as diverse ideas can enrich the final design. When stakeholders disagree, we listen and look for consensus on common-ground solutions. Consensus means that while every voice is heard and considered, not every suggestion will be incorporated into the final design. Using the CONSENSUS CONTINUUM (at left) helps participants feel acknowledged as a valuable part of the decision process while maintaining forward momentum. Final decisions will be recorded in a decision matrix to avoid rehashing discussions or second-guessing direction. Fully Endorse Endorse with Minor Concern Agree with Reservation Abstain Stand Aside Formal Disagreement (but will go with the majority)Block CONSENSUS CONTINUUM “I like it.”“Basically, I like it.”“I can live with it.”“I have no opinion.”“I don’t like it, but I don’t want to hold up the group.” “I want my disagreement to be noted in writing, but I’ll support the decision.” “I veto this proposal.” “The best way to have a good idea is to have a lot of ideas.” — Linus Pauling, Nobel Prize-winner 162 City of Bozeman | Public Works Facility Expansion 16Hennebery Eddy Architects, Inc.CostBenchmarking Tours WHEN: Aspire and Learn phases. | WHY: Establish shared language and vision. HOW: We recommend project teams tour peer facilities together to help stakeholders visualize their new space and develop a shared project vocabulary. By observing a variety of programs and interviewing peers, stakeholders can better evaluate solutions and avoid pitfalls. Tours may include nearby sites in the master plan or industry-leading facilities. Because many stakeholders may be new to a project of this scale, we encourage including all key decision makers from the City, design, and construction teams. Target Value Delivery (TVD) & Cost Validation WHEN: Aspire and Learn phases. | WHY: Design toward a budget rooted in your goals, rather than budgeting a design that gets value engineered. HOW: Compared to traditional milestone estimates and late-stage value engineering, TVD results in a more proactive, positive, and value-added approach. Cost validation occurs early in the EXPLORE phase — before design begins — enabling focused decision-making within defined “cost buckets.” These are tracked via a dashboard throughout the project, promoting predictable outcomes aligned with your goals. Benchmarking helps establish priorities early, while validation identifies risks and opportunities for betterments, all guiding design decisions toward meeting target values. 1. We validate the City’s conceptual program and budget by identifying appropriate cost buckets for project components and establishing targets within each bucket that reflect your purpose, priorities, and processes. 2. The design and construction team share historic cost data and visual descriptions of systems under consideration (i.e. a range from box rib metal panels to brick veneer) via a dashboard that records the cost ranges of each bucket and documents the specific targets selected by the City. 3. We also identify and assign values to potential risks (contingencies), as well as develop a list of prioritized value- added items (betterments), the order by which additional scope will be added to the project as bid values become certain and risks are mitigated. This creates a clear understanding of available funds to add project components. TVD requires a full-team commitment to rethinking the budget management process — but the benefits are substantial. Our cost consultant, DCW, is experienced in TVD, cost validation, and dashboard development. To enhance confidence in cost-related decisions, we also RECOMMEND ENGAGING A LOCAL GENERAL CONTRACTOR to provide third-party review of DCW’s cost data. This approach promotes balanced perspectives and strengthens the reliability of the decision-making process. 2023 Estimate Contingency This is an example of the overall program dashboard; each individual building/ facility will have its own dashboard to manage the associated cost buckets. Cost Target Cost Levers $28M $24M $20M $16M $12M $8M $4M $0 Site DevelopmentOffice BuildingFleet Maintenance BuildingShops BuildingHeated Vehicle Storage BuildingCovered Vehicle Storage BuildingCovered Material StorageFuel FacilityWash FacilityTVD Cost Buckets defined by Benchmark Images Program Items Holistic Economic Analysis Beyond simply understanding the real estate value of a site at a single point in time, we want to understand the overall economic impact to both capital and operating costs over time. ECO will complete a holistic economic analysis of the site options being considered, evaluating the long-term impacts to the project and its operation. This information will help the City make informed decisions based on comprehensive information. TVD Dashboard Example 163 City of Bozeman | Public Works Facility Expansion 17Hennebery Eddy Architects, Inc. 1. BUILDING & ENTRY ORIENTATION: Consider solar exposure, shadow projections, and solar heat gain in siting and orienting buildings and their entries (for both vehicles and pedestrians). Offer protection to minimize snow and ice accumulation at doors and entry points. 2. SITE SAFETY: Consider the impact of ice and wind on pedestrian paths and equipment routes; understand and design around spots that will remain icy throughout winter freeze-thaw cycles. 3. SNOW STORAGE & REMOVAL: Plan for storage and removal, including thoughtfully locating sidewalks and building entries, designing parking and site circulation with a plowing plan, limiting alcoves or other areas of accumulation, and providing areas onsite for snow storage. 4. SNOW LOAD: Deliberately plan whether roof snow creeps, slides, or is retained. While this can be impacted significantly by roof slope and configuration, it can also be mitigated through materials, structural upgrades, and other systems. 5. SNOW DRIFT: Design forms that limit drifting potential; complex building forms can trigger added structural to support snow drift loads. If these can be avoided, structures can be more efficient. 6. ROOF DESIGN: Combine a high R-value roof system with a cold roof when possible to significantly reduce ice-damming and formation of dangerous icicles. Limit and combine roof penetrations, as snow movement tends to damage individual roof vents, and heat from vents can contribute to ice-damming. 7. GUTTERS: Avoid gutters and other elements that tend to be torn off by heavy snow; this approach requires attention to roof drainage that may cause erosion. 8. BUILDING ENVELOPE: Minimize large expanses of openings, such as overhead doors, for energy- efficient design that helps regulates the interior environment (heating or cooling). 9. EQUIPMENT & SUPPLIES: Consider access to and availability of seasonal equipment (i.e. snowplows) and supplies (i.e. sand) and the ability to operate and maintain equipment in extreme conditions. 10. VEHICLE COVERAGE: Prioritize coverage of vehicles in three tiers, according to seasonal need: outside with no cover, outside with coverage and option to plug- into an outlet, and inside warm storage. 11. FREEZE PROTECTION: Efficient design and use of heat trace system or heated slabs can limit risk and help with long-term maintenance. 12. HIGH-BAY SPACES: Low-heat sources (radiant slabs or low supply) maximize occupant comfort and keep the doors from freezing shut (especially when heating on both sides of the bay doors). 13. RESILIENCY: Natural disasters also affect the first responders who need to spring into action. Build in resilient systems like back-up battery power and ample daylight so crews can engage in efficient emergency response to storms and other needs. DESIGNING IN SEVERE WINTER CLIMATES Living and working in Bozeman, we experience firsthand the climate extremities — and we know that thoughtful design leads to sites and buildings that are safer, more durable, and easier to maintain inside and out. Our team has designed public works facilities in similar conditions of extreme temperatures, snow, ice, and wind. From our experience with the City of Bend Public Works Campus and BPA’s Grand Coulee Maintenance Headquarters Masterplan and Chief Joseph New Vehicle Storage Building — as well as countless projects in and around Bozeman — we have learned the following best practices (demonstrated on the Bend Public Works Campus above). iii. Describe the firm’s expertise in knowledge, skills, and abilities related to designing public works facilities for winter climates. Demonstrate ability to design for Bozeman’s climate demands. 10 12 13 4 8 1 6 72 9 3 5 11 Winter climate design features of Bend Public Works Campus 164 City of Bozeman | Public Works Facility Expansion 18Hennebery Eddy Architects, Inc. We have included a draft schedule, which we developed through a similar pull plan process and based on what we’ve learned so far from your RFQ, masterplan, and conversations with you; this schedule is just an example to show what may be possible. Our team will work with you to develop a detailed schedule that is informed by the information gathered in the ASPIRE and LEARN phases, including considerations such as the seasonality of services and peak activity times, available funding, sequencing of the site locations, and an economic analysis of the temporary or enablement scopes. SCHEDULING & PHASING APPROACH We recommend a pull-planning process to build out a phased project schedule by starting with the end in mind. The first step is to identify your targets (move dates, completion dates, divisional outcomes, or other critical elements and major milestones). We then work backward, “pulling” information about goals and requirements from stakeholders and jurisdictions to identify the most efficient way to get back to the beginning. The pull plan will be diagramed for easy understanding and tracking, revisited regularly at key milestones, and adjusted as needed to make sure the end delivery date is achieved. iv. Describe your approach for developing an overall schedule of improvements based on the expectation of a phased implementation of projects across multiple sites and years. Phasing the Bend Public Works Campus CASE STUDY | At the City of Bend Public Works Campus, we understood the City’s critical completion date was the change of possession date established upon the sale of one of their existing properties. Pulling backward from this key date, we worked with the City to identify move-in, inspections, permitting submission and reviews, design milestones, stakeholder engagement, and big-picture sequencing of operations to define 12 distinct project phases and documentation packages, enabling construction to begin while design was still in progress. The project is on track for occupancy by this critical end date (in just a few weeks). Nov Dec Jul Sept Q1 Q2 Q3 Q4Q4 2025 2026 2027 2028 2029 Q1 Q2 Q3 Q4 Q1 Vision Alignment (RFQ Task 1) Market Analysis (RFQ Task 2) Project Charter Meetings SD / DD / CD / Permitting Construction Phase 3A Construction Phase 3B NTP AugJunMayAprMarFebJan Programming Confirmation (RFQ Task 1) Interviews Review Confirmation Planning & Conceptual Design (RFQ Task 3 & 4) TVD Dashboard Review (RFQ Task 5) Site Options TVD Milestones Refinement Finalization Revenue Bonding Strategy Stakeholders / Users Steering Committee City Commission PHASE 1 PHASE 2 PHASE 3 Example Schedule RealizeAspireLearn TVD Dashboard Review (RFQ Task 5) Precedent Tours Budget Validation Explore 165 19Hennebery Eddy Architects, Inc.City of Bozeman | Public Works Facility Expansion EXPERIENCE WITH LOGISTICAL PLANNING Hennebery Eddy has extensive experience with projects that involve sequencing and planning around active sites, temporary facilities, and continuity of operations. Key considerations include the following: • Develop evaluation criteria for any temporary facilities (geographic location, existing utilities, parking, access, size, code compliance, etc.) • Develop design solutions that minimize the number of phases and moves • Identify “swing space” equivalent to be vacated for each phase of work • Establish a logical and attainable construction schedule and keep to it • Seek flexible construction work hours; identify work that must be done “after hours” to minimize disruptions • Set clear expectations with user groups • Explain the vision of the completed project, scope, schedule, phases, swing spaces, and work hours • Establish protocols for communication during construction • Work closely with IT and movers to quickly and effectively relocate functions • Provide timely (daily/weekly) updates on progress of work and project milestones Planning Oregon Dept. of Forestry Logistics CASE STUDY | Hennebery Eddy worked with the Oregon Department of Forestry on their five-, 10-, and 15-year facility space needs at their headquarters campus, home to offices, fleet, maintenance, fabrication, central distribution, and fire cache. After two weeks of on-campus staff interviews, we analyzed the data and priorities as established in the project charter. We recommended ODF purchase a 6-8 acre site off campus to house the emergency services programs; this would decompress the existing emergency services facility and provide more safe and efficient routing through the site. ODF later asked us to update the space plan to respond to post-pandemic hybrid work models and recent legislative funding priorities. Uninterrupted Service at BZN CASE STUDY | Hennebery Eddy has been involved in Bozeman Yellowstone International Airport’s masterplan and expansion work since 2009, helping Montana’s busiest airport grow to meet demand. At this critical 24/7 occupied facility, we created a phased construction plan to maintain operations and maximize flexibility. We developed alternates to break down the scope into packages that could easily adjust to cost uncertainty and designed a core- and-shell space that provides storage in the near term while strategically preparing the terminal to serve international flights down the road. Temporary partitions, egress systems, and signage maintain a safe, functioning facility with minimal passenger disruption during construction. v. Describe your experience with logistical planning of temporary operations impacted by construction. Oregon Department of Forestry Phased Campus Improvements Phase 2 Phase 3 Phase 4 Temporary MovePhase 1 Permanent Move 166 20Hennebery Eddy Architects, Inc.City of Bozeman | Public Works Facility Expansion HIGH-PERFORMANCE, SUSTAINABLE DESIGN We design high-performance solutions through healthy, efficient, and adaptive spaces that are responsive to our clients, the environment, and the people who use them. Hennebery Eddy’s “net-positive” approach includes in-house modeling for daylight, energy use, and embodied carbon and leads to cost-effective sustainable design, inclusive and accessible facilities, and efficiency in resources. LEED & Other Programs • Hennebery Eddy has designed LEED-certified projects for 20 years, including several LEED Gold maintenance and operations centers. • As a requirement for employment, all of our design staff are LEED professionals. Additionally, we have four WELL Accredited Professionals, as well as several staff who are Living Future Accredited or Certified Passive House Consultants. • Since we began in-house daylight modelling, we’ve achieved the maximum possible points for the daylighting credit on major projects pursuing LEED certification. • We also leverage each project’s unique features to earn all 6 possible LEED innovation credits (including 1 credit for being a Living Future Just organization) and prioritizing the 4 regional priority credits. • We always vet the possibility of incorporating WELL points for LEED using the “crosswalk” compliance method to help create spaces that work for people, leveraging our knowledge of the WELL standard to improve occupant comfort and productivity. • We have designed 6 projects meeting the Living Building Challenge full or Petal certification requirements or Living Future Zero Energy certification. 6 3 5 9 4 10 2 7 8 BPA Ross Fleet Services Building: LEED Gold Certified 1. Efficient radiant slab heating where mechanics work 2. Ventilation heat recovery and efficient air-source heat pumps 3. Airtight pre-engineered metal building with custom rainscreen 4. Night flush exhaust for fresh air and cooling 5. Abundant natural daylighting through monitors to reduce glazing 6. Native, pollinator-friendly landscaping 7. People-focused lounges and wellness rooms 8. Intuitive “Safety Orange” wayfinding zones for activity separation 9. Solar-ready roof 10. Seismically resilient Category IV structure vi. Describe your experience with high-performance construction standards and sustainable building practices, including LEED certification. Bend Public Works Campus: LEED Gold Target On this 35-acre site, buildings were thoughtfully placed for optimal energy performance and occupant well-being, using early stage, iterative energy models to pursue multiple daylighting LEED credits. We also earned multiple LEED points for effective stormwater management and preservation of onsite trees to reduce heat stress while protecting wildlife and views. The low-maintenance mass timber buildings are backed-up by a micro-grid and battery back-up system, which will allow the all-electric fleet to function as a battery bank in the future. With reduced energy demands plus rooftop solar panels on the fleet maintenance building and covered parking canopies, the campus is designed to generate ~15% more energy than it consumes, tracking net-positive energy. 1 167 City of Bozeman | Public Works Facility Expansion Fort Ellis Fire/Rescue New Station Attachment A 168 ACity of Bozeman | Public Works Facility Expansion Hennebery Eddy Architects Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Hennebery Eddy Architects Inc. Hennebery Eddy Architects Inc. Camilla Cok, Principal 169 Images courtesy City of Bozeman Facebook page 170 Document B121TM –2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms.This document is intended to be used in conjunction with AIA Document B221™–2018,Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the Sixth day of January in the year Two Thousand Twenty- Six (In words,indicate day,month,and year.) BETWEEN the Owner: (Name,legal status,address,and other information) City of Bozeman 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 and the Architect: (Name,legal status,address,and other information) Hennebery Eddy Architects,Inc.,an Oregon Corporation 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 The Owner and Architect agree as follows. 171 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES §1.1 This Master Agreement shall be effective for one year after the date first written above (“Date of this Master Agreement”). §1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order.In the event of a conflict between terms and conditions of this Master Agreement and a Service Order,the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order.An agreed upon Service Order together with this Master Agreement form a Service Agreement.A Service Agreement represents the entire and integrated agreement between the parties,and supersedes prior negotiations,representations,or agreements,either written or oral.A Service Agreement may be amended or modified only by a Modification. §1.3 This Master Agreement will renew on an annual basis,on the day and month of the Date of this Master Agreement,unless either party provides notice of their intent not to renew this Master Agreement.Notice must be provided at least 60 days prior to the renewal date.In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. §1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: Jon Henderson,Assistant City Manager 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 jon.henderson@bozeman.net §1.4.1 In each Service Order,the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. §1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: 172 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 3 Sarah Kitchin AIA,Associate Principal 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 skitchin@henneberyeddy.com §1.5.1 In each Service Order,the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. §1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS §2.1 The Owner is not required to issue any Service Orders under this Master Agreement. §2.2 The Architect may decline to accept any Service Order issued by the Owner. §2.3 The Architect shall perform the services set forth in each agreed upon Service Order,consisting of AIA Document B221-2018,Service Order,or such other document as the Owner and Architect may mutually agree upon.Each Service Order shall state the name,location,and detailed description of the Project;describe the Architect’s Services;state the Architect’s compensation;and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES §3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement.The Architect cannot guarantee regulatory approval of all proposed improvements or guarantee approval timelines or cost estimates. §3.2 Except with the Owner’s knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. §3.3 The Architect shall maintain the following insurance until termination of this Master Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be included endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability.The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies.The additional insured coverage shall apply to both ongoing operations and completed operations.Upon request by the Owner,the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3.The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order,provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants.The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages requires under this section. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00)for each occurrence and Three Million Dollars ($3,000,000.00)annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance,provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00)for bodily injury and property damage per claim.The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance,provided such primary and excess insurance policies result in the same or greater coverage. 173 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 4 .3 Workers’Compensation Workers'Compensation at statutory limits,and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000)each accident,One Million Dollars ($1,000,000)each employee and One Million Dollars ($1,000,000)policy limit. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00)per claim,Two Million Dollars ($2,000,000.00)in the aggregate. §3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. §3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. §3.6 The Architect shall manage the Architect’s services,research applicable design criteria,attend project meetings,communicate with members of the project team and report progress to the Owner. §3.7 As soon as practicable after the date of this Service Agreement,the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. §3.8 As soon as practicable after award of the Service Agreement,the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order.The Owner may reply within 14 days to the Architect in writing stating (1)whether the Owner has reasonable objection to any such proposed consultant or (2)that the Owner requires additional time for review.Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection.Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. §3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner.Architect shall notify the Owner of any proposed substitution a minimum of ten (10)days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES §4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement.Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. §4.2 Unless otherwise provided in a Service Order,upon recognizing the need to perform the following Additional Services,as they relate to the services provided pursuant to the Service Order,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner’s schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either (a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or (b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; 174 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 5 .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors,or to other Owner-authorized recipients; .6 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES §5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. §5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. §5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request,the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants.The Owner shall furnish the services of consultants as designated in an individual Service Order,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. §5.4 The Owner shall furnish all legal,insurance,and accounting services,including auditing services,that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. §5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement,including errors,omissions or inconsistencies in the Architect’s Instruments of Service. §5.6 Reserved. §5.7 The Owner is responsible for the payment of regulatory fees in connection with permits and other regulatory approvals related to a Service Agreement.​​ ARTICLE 6 COPYRIGHTS AND LICENSES §6.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. §6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. §6.3 The Architect grants to the Owner an irrevocable,perpetual,fully paid,nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9.The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement.The license granted under this section permits the Owner to authorize the Contractor, Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner’s consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 10.9,solely and exclusively for use in performing services or construction for the Project. 175 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 6 §6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect’s consultant(s)from all claims and causes of action arising from such uses. §6.4 Except for the licenses granted in this Article 6,no other license or right shall be deemed granted or implied under this Master Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. §6.5 Except as otherwise stated in Section 6.3,the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES §7.1 General §7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement,whichever is sooner.Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement,the date the Architect completes its services under the Service Agreement.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. §7.1.2 Pending final resolution of any controversy,claim,or dispute arising out of the Service Agreement,except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the §7.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question,arising out of or relating to a Service Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party’s termination of a Service Agreement,except as specifically provided in Section 8.6.Owner shall continue to make payments in accordance with the Service Agreement. §7.2 Mediation §7.2.1 Any claim,dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. §7.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual.The parties must enter into a separate agreement establishing,among others,the scope of the 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. §7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees,expert witnesses’fees,costs and expenses in the mediation.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. 176 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 7 §7.3 Arbitration §7.3.1 Claims,disputes or other matters in controversy arising out of or related to the Service Agreement may,by mutual written agreement,be subject to arbitration.In the event the parties agree to utilize an arbitration process,it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement.A request for arbitration shall be made in writing,delivered to the other- party,and must contain all claims then known to that party on which arbitration is permitted.In the event the other party is not willing to submit the matter to arbitration,the dispute shall be resolved through the judicial forum available to the parties. §7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. §7.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §7.3.3 If the parties mutually agree to arbitration,the award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §7.3.4 Consolidation or Joinder §7.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §7.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration.The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement.Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. §7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS §8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement,such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or,at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment.If the Architect elects to suspend services,the Architect shall give seven days’written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect shall submit to Owner proposed adjustments,if any,related to fees and time schedules for services remaining.If the Owner accepts the proposed adjustments,fees and time schedules shall be adjusted. 177 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 8 §8.2 If the services under a Service Agreement have been suspended by the Owner,the Architect shall be compensated for services performed prior to notice of such suspension.When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect shall submit to Owner proposed adjustments,if any,related fees and time schedules for services remaining. If the Owner accepts the proposed adjustments,fees and time schedules shall be adjusted. §8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. §8.4 Either party may terminate a Service Agreement upon not less than seven days’written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement,through no fault of the party initiating the termination.Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. §8.5 The Owner may terminate a Service Agreement,upon not less than seven days’written notice to the Architect for the Owner’s convenience and without cause. §8.6 In the event of termination of a Service Agreement not the fault of the Architect,the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. §8.7 Reserved. §8.8 Except as otherwise expressly provided herein,a Service Agreement shall terminate one year from the date of Substantial Completion. §8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION §9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. §9.2 Except as otherwise set forth in a Service Order,the hourly billing rates for services of the Architect and the Architect’s consultants,if any,are set forth below.The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’normal review practices provided Owner consents to such adjustment in writing. (If applicable,attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) §9.3 Except as otherwise set forth in a Service Order,the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: §9.4 Compensation for Reimbursable Expenses 178 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 9 .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing,reproductions,plots,and standard form documents,laser cutting and other resources sent to the Owner and Contractor or produced for the Architect and its Consultants'internal project management; .4 Postage,handling,and delivery; .5 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 If required by the Owner,and with the Owner’s prior written approval,the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants,and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; §9.4.2 Reserved. §9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. §9.5 Payments to the Architect §9.5.1 Progress Payments §9.5.1.1 Unless otherwise agreed,payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect’s invoice.The Owner agrees to pay reasonable collection and attorney's fees required to collect should the account associated with this Agreement become past due. §9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.In any event,the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement. §9.5.1.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS §10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. §10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier,or by electronic transmission. §10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to each Service Agreement.Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. §10.4 Reserved. §10.5 Unless otherwise required in a Service Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. §10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects 179 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 10 for which services are performed among the Architect’s promotional and professional materials.The Architect shall be given reasonable access to the completed Projects to make such representations.However,the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects.This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. §10.7 If the Architect or Owner receives information specifically designated as “confidential”or “business proprietary,” the receiving party may disclose such information as required by law or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity.The Party receiving such information may also disclose it to its employees,consultants or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. §10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties’intentions and purposes in executing the Agreement. §10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. §10.9.1 Any use of,or reliance on,all or a portion of a building information model without agreement to written protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. §10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) §11.1 For other than professional services rendered,to the fullest extent permitted by law,Architect agrees to defend, indemnify,and hold Owner harmless against claims,demands,suits,damages,losses and expenses connected therewith that may be asserted or claimed against,recovered from or suffered by the Owner by reason of any injury or loss, including but not limited to,personal injury,including bodily injury or death,property damage,occasioned by,growing out of,or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants,agents or employees. For the professional services rendered,to the fullest extent permitted by law,Architect agrees to defend,indemnify and hold Owner harmless against claims,demands,suits,damages,losses,and expenses,including reasonable defense attorney fees,to the extent actually caused by the negligence or willful misconduct of the architect or Architect’s consultants,agents or employees. To the fullest extent permitted by law,Architect agrees to defend,indemnify and hold Owner harmless from any claims, demands,suits,damages,losses and expenses arising from or relating to any claim for violation of intellectual property rights,including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants,agents or employees. Should Owner be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner shall be entitled to 180 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 11 reimbursement of attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Architect was obligated to defend the claim(s)or was obligated to indemnify Owner for a claim(s)or any portion(s)thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. §11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein,then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s fees and costs,including fees,salary,and costs of in-house counsel to include the City Attorney. §11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws,regulations and contracts.In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person,bar a person from employment or discriminate against a person in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas, sex,age,marital status,national origin,actual or perceived sexual orientation,gender identity,physical or mental disability,except when the reasonable demands of the position require an age,physical or mental disability,marital status or sex distinction.The Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,Title 2,United States Code,and all regulations promulgated thereunder.The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. §11.4 The Architect and its Consultants are entitled to rely on materials information,performance data and design- build systems engineering provided by others including,but not limited to,manufacturers,suppliers,specialty contractors,and publishers of technical standards. §11.5 The Architect assumes no responsibility for existing conditions concealed from view. No destructive testing or investigation is included within the scope of this Agreement. §11.6 The Architect is not responsible for acquiring trade permits or any trade-related regulatory approvals. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT §12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. §12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018,Standard Form of Master Agreement Between Owner and Architect .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents,if any,forming part of the Master Agreement.) This Master Agreement entered into as of the day and year first written above. 181 AIA Document B121 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 15:47:34 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 12 /s1/ OWNER (Signature) BY:Chuck Winn,City Manager (Printed name and title) /s2/ ARCHITECT (Signature) BY:Timothy R.Eddy FAIA,President (Printed name,title,and license number if required) 182 Additions and Deletions Report for AIA®Document B121TM –2018 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:47:34 MST on 12/30/2025. Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 1 ADDEL_REPORT_ANCHOR_V1 Changes to original AIA text PAGE 3 §3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement.The Architect cannot guarantee regulatory approval of all proposed improvements or guarantee approval timelines or cost estimates. §3.3 The Architect shall maintain the following insurance until termination of this Master Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage,and other insurance requirements applicable to the Agreement,if any.)The Owner shall be included endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability.The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies.The additional insured coverage shall apply to both ongoing operations and completed operations.Upon request by the Owner,the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3.The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order,provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants.The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages requires under this section. PAGE 4 §3.6 The Architect shall manage the Architect’s services,research applicable design criteria,attend project meetings,communicate with members of the project team and report progress to the Owner. §3.7 As soon as practicable after the date of this Service Agreement,the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. §3.8 As soon as practicable after award of the Service Agreement,the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order.The Owner may reply within 14 days to the Architect in writing stating (1)whether the Owner has reasonable objection to any such proposed 183 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 2 consultant or (2)that the Owner requires additional time for review.Failure of the Owner to reply within the 14- day period shall constitute notice of no reasonable objection.Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. §3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10)days prior to a proposed change. .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner’s schedule or budget,budget for Cost of the Work,or procurement or delivery method; PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .8 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals;or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. §5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request,the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants.The Owner shall furnish the services of consultants as designated in an individual Service Order,or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. §5.6Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights.​ Reserved. §5.7 The Owner is responsible for the payment of regulatory fees in connection with permits and other regulatory approvals related to a Service Agreement.​​ §6.3 The Architect grants to the Owner a an irrevocable,perpetual,fully paid,nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,of,provided that the Owner substantially performs its obligations under the Service Agreement,including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9.The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors, Sub-subcontractors,and suppliers,as well as the Owner’s consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates a Service Agreement for cause as provided in Section 8.4,the license granted in this Section 6.3,and related to the terminated Service Agreement,shall terminate.10.9. 184 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 3 PAGE 6 §6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect’s consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1.The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. §7.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy,claim,or dispute arising out of the Service Agreement,except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the §7.2.1 Any claim,dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect’s services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. §7.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement.A request for mediation shall be made in writing,delivered to the other party to this Master Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual.The parties must enter into a separate agreement establishing,among others,the scope of the 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. §7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’fees,expert witnesses’fees,costs and expenses in the mediation.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. §7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 7.3 of this Master Agreement PAGE 7 185 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 4 [ ] Litigation in a court of competent jurisdiction [ ] Other:(Specify) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. §7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement,any claim,dispute or other matter in question Claims,disputes or other matters in controversy arising out of or related to a Service Agreement subject to,but not resolved by,mediation shall be subject to arbitration, which,unless the parties mutually agree otherwise,the Service Agreement may,by mutual written agreement,be subject to arbitration.In the event the parties agree to utilize an arbitration process,it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement.A demand request for arbitration shall be made in writing,delivered to the other party to this Master Agreement,and filed with the person or entity administering the arbitration.the other-party, and must contain all claims then known to that party on which arbitration is permitted.In the event the other party is not willing to submit the matter to arbitration,the dispute shall be resolved through the judicial forum available to the parties. §7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. §7.3.3 The If the parties mutually agree to arbitration,the award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §7.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent.arbitration.The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement.Appropriate provisions will be included in §7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement.all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. §8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement,such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or,at the Architect’s option,cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment.If the Architect elects to suspend services,the Architect shall give seven days’ written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.​ The Architect shall submit to Owner proposed adjustments,if any,related to fees and time schedules for services remaining.If the Owner accepts the proposed adjustments,fees and time schedules shall be adjusted. 186 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 5 PAGE 8 §8.2 If the services under a Service Agreement have been suspended by the Owner,the Architect shall be compensated for services performed prior to notice of such suspension.When the services under the Service Agreement are resumed,the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.​ The Architect shall submit to Owner proposed adjustments,if any,related fees and time schedules for services remaining. If the Owner accepts the proposed adjustments,fees and time schedules shall be adjusted. §8.6 In the event of termination of a Service Agreement not the fault of the Architect,the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred,and all costs attributable to termination,including the costs attributable to the Architect’s termination of consultant agreements.together with Reimbursable Expenses then due. §8.7In addition to any amounts paid under Section 8.6,if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5,or the Architect terminates a Service Agreement pursuant to Section 8.3,the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee,or the method for determining any termination or licensing fee.) Reserved. .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: §9.2 Except as otherwise set forth in a Service Order,the hourly billing rates for services of the Architect and the Architect’s consultants,if any,are set forth below.The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’normal review practices.practices provided Owner consents to such adjustment in writing. (If applicable,attach an exhibit of hourly billing rates or insert them below.) §9.3 Except as otherwise set forth in a Service Order,the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: (Insert amount of,or basis for,compensation.If necessary,list specific services to which particular methods of compensation apply.) PAGE 9 .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing,reproductions,plots,and standard form documents,laser cutting and other resources sent to the Owner and Contractor or produced for the Architect and its Consultants'internal project management; .5 .4 Postage,handling,and delivery; .6 .5 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 .6 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; and 187 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 6 .8 .7 If required by the Owner,and with the Owner’s prior written approval,the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants,and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures. §9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent (%)of the expenses incurred.Reserved. §9.5.1.1 Unless otherwise agreed,payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect’s invoice.The Owner agrees to pay reasonable collection and attorney's fees required to collect should the account associated with this Agreement become past due. Amounts unpaid ()days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) % §9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.In any event,the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. §10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located,excluding that jurisdiction’s choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 7.3.located. §10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to each Service Agreement.Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other,except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement,including any payments due to the Architect by the Owner prior to the assignment.other. §10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with the Service Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of the Service Agreement.Reserved. PAGE 10 §10.9 The parties shall agree upon written protocols governing the transmission and use of,and reliance on,of Instruments of Service or any other information or documentation in digital form. § 10.9.1 Any use of,or reliance on,all or a portion of a building information model without agreement to written protocols governing the use of,and reliance on,the information contained in the model shall be at the using or 188 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 7 relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. § 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of §10.10 For each Service Agreement,terms not defined in this Master Agreement or in the Service Order shall have the same meaning as those in AIA Document A201–2017,General Conditions of the Contract for Construction.this Master Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) PAGE 11 .2 Building Information Modeling Exhibit,if completed: .3 .2 Exhibits: .4 .3 Other documents: Variable Information PAGE 1 AGREEMENT made as of the Sixth day of January in the year Two Thousand Twenty-Six (In words,indicate day,month,and year.) City of Bozeman 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 Hennebery Eddy Architects,Inc.,an Oregon Corporation 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 PAGE 2 Jon Henderson,Assistant City Manager 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 jon.henderson@bozeman.net PAGE 3 189 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 8 Sarah Kitchin AIA,Associate Principal 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 skitchin@henneberyeddy.com With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00)for each occurrence and Three Million Dollars ($3,000,000.00)annual aggregate for bodily injury and property damage.The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance,provided such primary and excess insurance policies result in the same or greater coverage. Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00)for bodily injury and property damage per claim.The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance,provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Workers'Compensation at statutory limits,and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000)each accident,One Million Dollars ($1,000,000)each employee and One Million Dollars ($1,000,000)policy limit. With policy limits of not less than Two Million Dollars ($2,000,000.00)per claim,Two Million Dollars ($2,000,000.00)in the aggregate. PAGE 10 §11.1 For other than professional services rendered,to the fullest extent permitted by law,Architect agrees to defend,indemnify,and hold Owner harmless against claims,demands,suits,damages,losses and expenses connected therewith that may be asserted or claimed against,recovered from or suffered by the Owner by reason of any injury or loss,including but not limited to,personal injury,including bodily injury or death,property damage, occasioned by,growing out of,or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants,agents or employees. For the professional services rendered,to the fullest extent permitted by law,Architect agrees to defend,indemnify and hold Owner harmless against claims,demands,suits,damages,losses,and expenses,including reasonable defense attorney fees,to the extent actually caused by the negligence or willful misconduct of the architect or Architect’s consultants,agents or employees. To the fullest extent permitted by law,Architect agrees to defend,indemnify and hold Owner harmless from any claims,demands,suits,damages,losses and expenses arising from or relating to any claim for violation of intellectual property rights,including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants,agents or employees. Should Owner be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner shall be entitled to reimbursement of attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Architect was obligated to defend the claim(s)or was obligated to indemnify Owner for a claim(s)or any portion(s)thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. §11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein,then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s fees and costs,including fees,salary,and costs of in-house counsel to include the City Attorney. §11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable 190 Additions and Deletions Report for AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat15:47:34 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 9 state and federal anti-discrimination laws,regulations and contracts.In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person,bar a person from employment or discriminate against a person in compensation or in a term,condition,or privilege of employment because of race,color,religion,creed,political ideas,sex,age,marital status,national origin,actual or perceived sexual orientation,gender identity,physical or mental disability,except when the reasonable demands of the position require an age,physical or mental disability, marital status or sex distinction.The Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964;Section 140,Title 2,United States Code,and all regulations promulgated thereunder.The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. §11.4 The Architect and its Consultants are entitled to rely on materials information,performance data and design- build systems engineering provided by others including,but not limited to,manufacturers,suppliers,specialty contractors,and publishers of technical standards. §11.5 The Architect assumes no responsibility for existing conditions concealed from view. No destructive testing or investigation is included within the scope of this Agreement. §11.6 The Architect is not responsible for acquiring trade permits or any trade-related regulatory approvals. 191 AIA Document D401 –2003.Copyright ©1992 and 2003.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 15:47:34 MST on 12/30/2025 under Order No.20250131413 which expires on 05/25/2026,is not forresale,islicensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6924ded3cd6d409c76ef81b0) 1 Certification of Document's Authenticity AIA®Document D401™–2003 I,Jon Henderson,Assistant City Manager,hereby certify,to the best of my knowledge,information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:47:34 MST on 12/30/2025 under Order No.20250131413 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121TM -2018,Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders,other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 192 Document B221TM –2018 Service Order for use with Master Agreement Between Owner and Architect AIA Document B221 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 16:06:56 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect’s scope of services for the Service Order only and is intended to be used with AIA Document B121™–2018,Standard Form of Master Agreement Between Owner and Architect SERVICE ORDER number 1 made as of the Sixth day of January in the year Two Thousand Twenty-Six (In words,indicate day,month,and year.) BETWEEN the Owner: (Name,legal status,address,and other information) City of Bozeman 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 and the Architect: (Name,legal status,address,and other information) Hennebery Eddy Architects,Inc.,an Oregon Corporation 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 for the following PROJECT: (Name,location,and detailed description) Public Works Facility Expansion THE SERVICE AGREEMENT This Service Order,together with the Master Agreement between Owner and Architect dated the Sixth day of January in the year Two Thousand Twenty-Six (In words,indicate day,month,and year.) form a Service Agreement. The Owner and Architect agree as follows. 193 AIA Document B221 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 16:06:56 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 SERVICES UNDER THIS SERVICE ORDER 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 COMPENSATION 5 INSURANCE 6 PARTY REPRESENTATIVES 7 ATTACHMENTS AND EXHIBITS ARTICLE 1 INITIAL INFORMATION §1.1 Unless otherwise provided in an exhibit to this Service Order,this Service Order and the Service Agreement are based on the Initial Information set forth below: §1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect may agree to appropriately adjust the schedule,the Architect’s services,and the Architect’s compensation in accordance with the Master Agreement.The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. ARTICLE 2 SERVICES UNDER THIS SERVICE ORDER §2.1 The Architect’s Services under this Service Order are described below or in an exhibit to this Service Order,such as a Scope of Architect’s Services document. §2.1.1 Basic Services Refer to Exhibit A “Scope/Schedule/Fee”,to include: Visioning &Program Confirmation Conceptual Site Design Civil Engineering Construction Cost Estimating Market Analysis §2.1.2 Additional Services (Describe below the Additional Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 Unless otherwise provided in an exhibit to this Service Order,the Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: .2 Substantial Completion date: End of May 2026 194 AIA Document B221 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 16:06:56 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 3 ARTICLE 4 COMPENSATION §4.1 For Basic Services described under Section 2.1.1,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) Not to exceed $291,085 .2 §4.2 For Additional Services described under Section 2.1.2 or in the Master Agreement,the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: §4.3 For Reimbursable Expenses described in the Master Agreement,the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: $12,000 ARTICLE 5 INSURANCE §5.1 Insurance shall be in accordance with section 3.3 of the Master Agreement. ARTICLE 6 PARTY REPRESENTATIVES §6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement: Jon Henderson,Assistant City Manager 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 jon.henderson@bozeman.net §6.2 The Architect identifies the following representative in accordance with Section 1.5.1 of the Master Agreement: Sarah Kitchin AIA,Associate Principal 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 skitchin@henneberyeddy.com ARTICLE 7 ATTACHMENTS AND EXHIBITS §7.1 The following attachments and exhibits,if any,are incorporated herein by reference: .1 AIA Document,B121TM-2018,Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders; .2 Other Exhibits incorporated into this Agreement: 195 AIA Document B221 –2018.Copyright ©2014 and 2018.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarksof The American Institute of Architects.This documentwas produced at 16:06:56 MST on 12/30/2025underSubscriptionNo.20250131413which expires on 05/25/2026,isnot for resale,is licensed for one-time use only,and may only be used in accordance withtheAIAContractDocuments®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 4 Exhibit ‘A’–Scope/Schedule/Fee .3 Other documents: This Service Order entered into as of the day and year first written above. /s1/ OWNER (Signature) BY:Chuck Winn,City Manager (Printed name and title) /s2/ ARCHITECT (Signature) BY:Timothy R.Eddy FAIA,President (Printed name,title,and license number if required) 196 Additions and Deletions Report for AIA®Document B221TM –2018 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:06:56 MST on 12/30/2025. Additions and Deletions Report for AIA Document B221 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat16:06:56 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 1 ADDEL_REPORT_ANCHOR_V1 Changes to original AIA text PAGE 2 §1.1 Unless otherwise provided in an exhibit to this Service Order,this Service Order and the Service Agreement are based on the Initial Information set forth below: (State below details of the Project’s site and program,Owner’s contractors and consultants,Architect’s consultants,Owner’s budget and schedule,anticipated procurement method,Owner’s Sustainable Objective,and other information relevant to the Project.) §1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect shall may agree to appropriately adjust the schedule,the Architect’s services,and the Architect’s compensation.compensation in accordance with the Master Agreement.The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. §2.1.1 Basic Services (Describe below the Basic Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Refer to Exhibit A “Scope/Schedule/Fee”,to include: Visioning &Program Confirmation Conceptual Site Design Civil Engineering Construction Cost Estimating Market Analysis PAGE 3 .2 Percentage Basis (Insert percentage value) ()%of the Owner’s budget for the Cost of the Work,as calculated in accordance with Section 4.4. .3 Other (Describe the method of compensation) 197 Additions and Deletions Report for AIA Document B221 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat16:06:56 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 2 §4.2 For Additional Services described under Section 2.1.2 or in the Master Agreement,the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of,or basis for,compensation if other than as set forth in the Master Agreement.Where the basis of compensation is set forth in an exhibit to this Service Order,such as a Scope of Architect’s Services document, list the exhibit below.) §4.3 For Reimbursable Expenses described in the Master Agreement,the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of,or basis for,compensation if other than as set forth in the Master Agreement.Where the basis of compensation is set forth in an exhibit to this Service Order,such as a Scope of Architect’s Services document, list the exhibit below.) §4.4 When compensation identified in Section 4.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. §5.1 Insurance shall be in accordance with section 3.3 of the Master Agreement,except as indicated below:Agreement. (Insert any insurance requirements that differ from those stated in the Master Agreement,such as coverage types, coverage limits,and durations for professional liability or other coverages.) §5.2 In addition to insurance requirements in the Master Agreement,the Architect shall carry the following types of insurance. (List below any other insurance coverage to be provided by the Architect,not otherwise set forth in the Master Agreement,and any applicable limits.) §6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement: (List name,address,and other information.) §6.2 The Architect identifies the following representative in accordance with Section 1.5.1 of the Master Agreement: (List name,address,and other information.) PAGE 4 (Clearly identify any other exhibits incorporated into this Agreement.) (List other documents,if any,including additional scopes of service forming part of this Service Order.) Variable Information PAGE 1 SERVICE ORDER number 1 made as of the Sixth day of January in the year Two Thousand Twenty-Six (In words,indicate day,month,and year.) City of Bozeman 121 N.Rouse Ave.,Bozeman,MT 59715 198 Additions and Deletions Report for AIA Document B221 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document wasproducedat16:06:56 MST on 12/30/2025 under Subscription No.20250131413 which expires on 05/25/2026,is not for resale,is licensed for one-time use only,and may only be used in accordancewith the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 3 (406)582-2250 Hennebery Eddy Architects,Inc.,an Oregon Corporation 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 Public Works Facility Expansion This Service Order,together with the Master Agreement between Owner and Architect dated the Sixth day of January in the year Two Thousand Twenty-Six (In words,indicate day,month,and year.) PAGE 2 End of May 2026 PAGE 3 Not to exceed $291,085 $12,000 Jon Henderson,Assistant City Manager 121 N.Rouse Ave.,Bozeman,MT 59715 (406)582-2250 jon.henderson@bozeman.net Sarah Kitchin AIA,Associate Principal 109 N.Rouse Ave.,Bozeman,MT 59715 (406)585-1112 skitchin@henneberyeddy.com PAGE 4 Exhibit ‘A’–Scope/Schedule/Fee 199 AIA Document D401 –2003.Copyright ©1992 and 2003.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”theAIALogo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 16:06:56 MST on 12/30/2025 under Order No.20250131413 which expires on 05/25/2026,is not forresale,islicensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(6953fa9f88670f656fd17e1d) 1 Certification of Document's Authenticity AIA®Document D401™–2003 I,Jon Henderson,Assistant City Manager,hereby certify,to the best of my knowledge,information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:06:56 MST on 12/30/2025 under Order No.20250131413 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B221TM -2018,Service Order for use with Master Agreement Between Owner and Architect,other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 200 109 NORTH ROUSE AVENUE BOZEMAN MONTANA 59715 406 585 1112 henneberyeddy.com 10 December 2025 Jon Henderson, Assistant City Manager City of Bozeman ("Owner") 121 Rouse Ave Bozeman MT, 59715 Tel: 406.582.2250 Email: jon.henderson@bozeman.net RE: Public Works Facility Expansion Conceptual Design Hennebery Eddy Project #25041-01P Dear Jon Henderson: Thank you for requesting this Proposal for the Bozeman Public Works Facility Expansion Conceptual Design located in Bozeman, MT ("the Project"). We look forward to collaborating with you and the City to design this critical facility that will serve the community of Bozeman and support the expanding operations of your public works divisions. PROJECT DESCRIPTION The City of Bozeman’s public works facilities are severely lacking in adequate space to accommodate both a growing organization and community and are looking to expand operational facilities for the following Divisions: 1.Streets (including Signs & Signals); 2.Vehicle Maintenance; Water & Sewer; Stormwater; Water Conservation; 3.Parks; 4.Forestry; 5.Facilities; 6.Fire (training facility); and 7.Parking (impound lot). This effort will build on previous master planning/need assessments efforts to design a concept plan for a public works campus that will address a variety of needs including meeting the City’s budget goals, limiting the impact to operations during construction, and the potential for future expansion. Location of the project could include the following properties, in addition to others that may be identified by the city for consideration. The seven (7) properties listed below are included in this Proposal: 1.North Rouse Avenue Complex – 1812 N. Rouse Ave. 2.Summit Sports Building & Site – 1804 N. Rouse Ave. 3.Water Reclamation Facility - 2245 Springhill Rd. Exhibit A 201 10 DECEMBER 2025 City of Bozman Public Works Facility Expansion Conceptual Design Page 2 of 6 DRAFT 4. Laurel Glen Annex – 5519 Saxon Way 5. Sunset Hills Cemetery – 340 Golf Way 6. Sports Park – 4600 Baxter Ln. 7. Old Fire Station #2 – 410 South 19th Ave. SCOPE OF SERVICES Hennebery Eddy Architects, Inc. ("Hennebery Eddy" or "Architect") will provide the following services as part of this Proposal: 1. Visioning & Program Confirmation (Task 1) services consisting of: a. A visioning & goal-setting workshop with the Owner’s Project Management team, the Owner’s Steering Committee, and the Owner’s user groups to establish the project goals, b. Touring existing public works facilities and the seven (7) properties listed in the Project Description for consideration with the various public works divisions, c. Identifying the perceived pros and cons for the identified properties, d. Touring two (2) local precedent facilities, e. Utilizing the City’s previous needs assessments as a starting point, confirm the existing, current, and future space requirements for the various divisions utilizing a variety of tools and strategies to collect and validate the city’s programmatic space needs. This will include two (2) 4-hour programming workshops. f. The product of this phase will be a program listing spaces, their respective sizes, a narrative and diagrams describing the relationship between spaces, a summary of each prospective property’s pros/cons with a recommendation of up to four (4) sites for the City to consider for development. g. This phase will also include weekly 1-hour alignment meetings with your Project Manager team, and three (3) 1-hour meetings with your Steering Committee. 2. Conceptual Site Design (Tasks 3 &4) services consisting of: a. Exploring up to three (3) alternate master planning concepts, including building plans, for feasibility analysis in terms of general zoning and building code implications, general site/facility usage, future phasing & expansion, temporary relocation during construction, and general cost implications, including a market analysis of the City Shops Complex. Concepts may utilize multiple sites. b. One (1) concept will be selected by the Steering Committee for further development. c. The product of this phase will be concept site plan(s) of initial and future phasing, a site plan showing temporary location(s) during construction, and concept building floor plans showing programmatic elements and their relative relationships. This information will be used as a tool in preparing the general cost implications of the proposed Project. d. This phase will include (1) 4-hour design workshop with the Owner’s Project Management team, the Owner’s Steering Committee, and the Owner’s user groups, weekly 1-hour alignment meetings with your Project Manager team, and five (5) 1-hour meetings with your Steering Committee. 3. Civil Engineering (Task 1,3,&4) services as described and limited in the attached Proposal from Sanbell, dated December 9, 2025. 4. Construction Cost Estimating (Task 5) services are described in the attached Proposal from DCW Cost Management, LLC, dated December 8, 2025. The estimated Cost of the Work will 202 10 DECEMBER 2025 City of Bozman Public Works Facility Expansion Conceptual Design Page 3 of 6 DRAFT include costs at current market rates for construction of all elements of the Project designed or specified by the Architect, including contractor's general conditions, overhead and profit, and an estimating contingency. 5. Market Analysis (Task 2) services as described and limited in the attached Proposal from ECOnorthwest dated November 10, 2025. OPTIONAL SCOPE OF SERVICES 1. Precedent Project Tours services consisting of organizing and facilitating a three (3) day, out of state, precedent facility tour for the Owner’s Project Management team, the Owner’s Steering Committee, and the Owner’s user groups to visit campuses and projects that are examples of modern and efficient public works, shops, vehicle storage, and maintenance facilities. 2. Conceptual Building Design services consisting of early conceptual design for the new and/or renovated building(s) for the public works campus and/or satellite facilities through development of early massing, materials, proposed scale and relationship of project components and illustrative graphic drawings describing the building concepts. 3. Additional Design Workshops services consisting of facilitating additional in-person workshops with the Owner’s Project Management team, the Owner’s Steering Committee, and the Owner’s user groups beyond the base scope of services. 4. Analyzing Additional Properties services consisting of touring, researching & analyzing, and meeting to discuss the pros/cons and possible viability of any additional identified properties, beyond the seven (7) identified in the Project Description, for design and construction for the City’s public works divisions. PROPOSAL ASSUMPTIONS 1. The following are not included as part of the Scope of Services for this Proposal, but are anticipated to be part of a future Scope of Services. If any of the listed services should become necessary, or desired by the Owner, Hennebery Eddy may provide such as an Additional Service to this Agreement. x Existing Conditions Documentation x Existing Conditions Assessment x Schematic Design x Design Development x Construction Documents x Land Use Agency Coord. / Approval x Building Permit Coordination x Bidding or Negotiation x Construction Phase Services x Interior Design x Inventory of existing FF&E x Specification of new FF&E x Structural Engineering x Mechanical Engineering x Electrical Engineering x Fire Protection Engineering x Landscape Architecture x Graphic Design x Low Voltage/Telephone/Data Design x Environmental Graphics / Sign Design x Presentation Renderings / Mode 2. The following are not included as part of the Scope of Services for this Proposal and, to the extent required, will be provided by the Owner within the timeframes indicated: x Environmental Assessment – As required to complete Scope of Services 203 10 DECEMBER 2025 City of Bozman Public Works Facility Expansion Conceptual Design Page 4 of 6 DRAFT 3. The Architect assumes no responsibility for any identification, removal and other work incidental to asbestos or any other hazardous material related to the Project. 4. Hennebery Eddy will coordinate the work of its own sub-consultant 5. The Owner will coordinate the services of its own consultants with those services provided by the Architect, unless otherwise noted. Fees for services of firms directly engaged by the Owner are not included in this Proposal. 6. Prior to initiating Master Planning services, for those sites for which conceptual master plans are prepared, the Owner will provide a site survey to the specifications of the Architect and its sub-consultants. 7. To the extent required by the Scope of Services, the Owner will engage a qualified geotechnical engineer to provide a geotechnical report appropriate to support the design of foundation systems and on-site storm water management systems. 8. AutoCAD compatible or PDF base drawings of any existing buildings and sites will be provided by the Owner, as required to complete the Scope of Services. The Architect is entitled to reasonably rely on the accuracy of such drawings. 9. Any and all private restrictions on the property such as easements, rights-of-way, CC&R’s etc. that may impact the proposed work must be explicitly disclosed by the Owner to the Architect prior to initiation of services, however, Architect will perform a search of the County Clerk and Recorder’s website for all publicly available documents. 10. Any and all existing conditions, previous construction, site development, and existing building use have been previously reviewed and approved by all appropriate regulatory agencies. 11. Architect and its sub-consultants are entitled to rely on the information provided by consultants engaged directly by the Owner. 12. The Owner is responsible for the payment of regulatory fees in connection with this Project. 13. The Owner will furnish all legal, insurance and accounting services, including auditing services, that may be necessary to meet the Owner’s needs and interests related to the Project. 14. The Owner will provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Design or Construction Documents. PROJECT SCHEDULE This Proposal is valid for 30 days from its date of issuance and is made with the assumption that the services contracted hereunder will be completed within approximately 6 months of the Owner’s Authorization to Proceed. A detailed schedule will be prepared collaboratively with the City of Bozeman prior to initiating the Visioning and Program Confirmation process. COMPENSATION 1. Fixed Fee Services Based on the Project Description, Scope of Services, Proposal Assumptions and Project Schedule, our fee is a Fixed Fee as indicated below and will be invoiced monthly as a percentage complete against this amount. This fee does not include Reimbursable Expenses, which are enumerated below. HHennebery Eddy Architects, Inc.: FFixed Fee Visioning /Program Confirmation $ 103,500 Conceptual Site Design $ 109,000 Subtotal – Architectural $ 212,500 204 10 DECEMBER 2025 City of Bozman Public Works Facility Expansion Conceptual Design Page 5 of 6 DRAFT Sub-Consultants: Sanbell $ 33,600 DCW Cost Management $ 14,985 ECOnorthwest $ 30,000 Subtotal – Sub-Consultants $ 78,585 TTotal Fixed Fee $$ 22911,,00885 Optional Services: Precedent Project Tours $ 42,000 Conceptual Building Design (per concept) $ 45,000 Additional Design Workshops (per workshop) $ 12,000 Analyzing Additional Properties (per property) $ 3,500 2. Hourly Rates Basic and Additional Services provided under this Proposal will be billed at the following standard hourly billing rates, which are adjusted periodically: Principal HEA 6 – HEA 9 $245 - $340 Project Manager HEA 4 – HEA 8 $190 - $315 Project Architect HEA 3 – HEA 7 $165 - $280 Architect HEA 3 – HEA 5 $165 - $215 Interior Designer HEA 1 – HEA 7 $130 - $280 Design Staff HEA A – HEA 4 $110 - $190 BIM Manager HEA 4 – HEA 6 $190 - $240 Administrative HEA A – HEA 4 $110 - $190 3. Reimbursable Expenses Reimbursable Expenses are in addition to the Compensation for Services and include expenditures made by the Architect and its Consultants in the interest of the Project. These expenses will be billed at 1.15 times Hennebery Eddy's cost incurred and are estimated at $12,000. Reimbursable Expenses include: x Expense of meals and transportation in connection with the Project. x Expense of reproduction, CAD plotting, facsimile printing, laser cutting, postage and handling of documents and other resources sent to the Owner and Contractors or produced for the Architect and its sub-consultants’ internal project management. x Expense of mock-ups, professional renderings, professional photography and presentation materials requested by the Owner. x Other similar Project-related expenses. Reimbursable Expenses for Optional Services are estimated below: x Precedent Project Tours: $3,200 x Additional Trips for in-person Workshops/Property Tours: $3,500 (per) 205 10 DECEMBER 2025 City of Bozman Public Works Facility Expansion Conceptual Design Page 6 of 6 DRAFT If this Proposal is acceptable to you, please incorporate it by reference into a City of Bozeman AIA B121 Agreement for our review. If there are any questions, please let us know. Sincerely, Hennebery Eddy Architects, Inc. Camilla Cok AIA Timothy R. Eddy FAIA Principal President Encl: Sanbell Proposal dated December 9, 2025 DCW Cost Management Proposal dated December 8, 2025 ECOnorthwest Proposal dated November 10, 2025 Project Schedule dated December 1, 2025 206 December 9, 2025 Sarah Kitchin, AIAHennebery Eddy Architects, Inc.109 N Rouse AvenueBozeman, MT 59715 Sent via Email: skitchin@henneberyeddy.com Reference: Agreement for Professional ServicesCity of Bozeman Public Works Expansion Conceptual Design Proposal Dear Sarah: The following is a proposal for Sanbell – Rocky Mountain to provide services for your project referenced above and as described in the Overview section to follow. Project Overview This proposal outlines services Sanbell will provide in support of Hennebery Eddy’s (hereinafter “Client”) proposed conceptual design of the City of Bozeman’s public works facilities. Previous master plans and facility site studies have been completed by a separate firm within the previous five years, and this next phase of conceptual design will build upon those efforts to provide adequate spaces to accommodate the growing organization and community. This proposal includes civil and traffic engineering assistance throughout the duration of the project. Our proposed scope of work matches the tasks listed in the City of Bozeman’s RFQ except for phases that do not have any anticipated involvement by Sanbell which have been excluded from this proposal. Scope of Work 1. Final Space Needs Program This phase will include developing quantified building areas for office, general shops, heated storage, and covered storage, including a fire training facility and parking impound lot. Subtasks under this phase including the following: x Project Management o Project management will include the various elements to manage the project. Specific tasks in this phase include the following:ƒInternal and external communication and coordinationƒWeekly project status reportsƒMonthly accounting and invoices ƒUp to four (4) site visits to tour existing facilities, local precedents, and proposed sites (up to 12-hours total) 207 Sarah Kitchin, AIA December 9, 2025 Page 2 x Review the final space teams spreadsheet to be provided by the Client 2. City Shops Complex Market Analysis This phase will include a market analysis for the potential sale of the city’s existing Shops Complex (814 N. Bozeman Ave.) as means of funding future facility improvements. Sanbell will have limited involvement in this phase limited to zoning and code analysis of the existing Shops Complex site, but we’ve identified the following subtasks under this phase: x Project Management o Project management will include the various elements to manage the project. Specific tasks in this phase include the following: ƒ Internal and external communication and coordination ƒ Design and Client team meetings (up to one (1) half-hour meetings) ƒ Weekly project status reports ƒ Monthly accounting and invoices x Online Site Research of the Shops Complex Site (814 N. Bozeman Ave) o Review of current City of Bozeman Unified Development Code, Public Works Standards, and all applicable regulations 3. Conceptual Design This phase will include the Civil and Traffic engineering assistance with the conceptual design of the public works facilities. We assume Sanbell will prepare up to three conceptual site plans for Client review and input. Subtasks under this phase include the following: x Project Management o Project management will include the various elements to manage the project. Specific tasks in this phase include the following: ƒ Internal and external communication and coordination ƒ Design and Client team meetings (up to four (4) one-hour meetings) ƒ Weekly project status reports ƒ Monthly accounting and invoices x Civil & Traffic Engineering conceptual plans for the layout of driveways, parking, sidewalks, traffic flow, public and private utility service lines, and stormwater storage/conveyance strategy within the site. o We will prepare up to three conceptual site plans in CAD o Up to two rounds of Autoturn analysis 4. Temporary/Future City Shops Complex Conceptual Design Based on the results of Phase 2, we shall complete a conceptual site plan and cost estimate for temporary use of the existing City Shops Complex during construction of future facilities. Construction of improvements at the N. Rouse Ave. site will, at a minimum, necessitate temporary relocation of certain Parks, 208 Sarah Kitchin, AIA December 9, 2025 Page 3 Forestry, Water/Sewer, and Streets operations utilizing the existing City Shops Complex. Subtasks under this phase include: x Project Management o Project management will include the various elements to manage the project. Specific tasks in this phase include the following: ƒ Internal and external communication and coordination ƒ Design and Client team meetings (up to two half-hour meetings) ƒ Weekly project status reports ƒ Monthly accounting and invoices x Civil & Traffic Engineering conceptual plans for the layout of driveways, parking, sidewalks, traffic flow, public & private utility service lines, and stormwater storage/conveyance strategy within the site. o We will prepare up to two conceptual site plans in CAD o Up to two rounds of Autoturn analysis Scope of Work Exclusions Any services not discussed in the scope of work section of this proposal are excluded from the contract. The following is a list of services expressly excluded from this proposal: x Construction cost estimation x ProjectDox management involving pre-application, INF/CONR submittals or waivers, and Site Plan Application x Schematic design, design development, and construction documents x Traffic Counts/Study/Report x Water/Sewer Report x Easement preparation x Geotechnical x Topographic and boundary survey x Structural engineering x Value engineering plan revisions x Stormwater pollution and prevention plan (SWPPP) x Construction administration including but not limited to inspection, and materials testing. x All fees associated with permitting, applications, and submittals Sanbell assumes no responsibility to perform any services not specifically listed in the scope of work. If the Client and Sanbell agree in writing by amendment to this agreement, Sanbell will provide additional services as requested by the Client including but not limited to the services indicated with an asterisk above. The above notwithstanding, Sanbell shall have the right but not the obligation to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the contractor. Sanbell shall provide written notice of the provision of such services as soon as reasonably possible. Project Staff 209 Sarah Kitchin, AIA December 9, 2025 Page 4 The following Sanbell staff will be assigned to the project: Project Manager: Bobby Egeberg, PE, Associate, Bozeman Land Development Manager Senior Quality Reviewer: Danielle Scharf, PE, PTOE, LEED AP, Managing Principal Additional Project Staff: Joey Stazcuk, PE, Associate Principal, Community Transportation Studio Manager Sanbell may, in its discretion, utilize additional or different personnel on the project. Project Schedule Sanbell and the Client will work cooperatively to develop a proposed schedule for initiation and delivery of the project scope of work. This schedule shall include reasonable allowances for performance of services by Sanbell and by Client’s consultants (those not under contract with Sanbell), review and approval times as required by the Client, and review and approval times required by all public authorities having jurisdiction over the project. This schedule shall be adjusted as the project progresses, allowing for changes in scope, character, or size of the project requested by the Client, or for delays or other causes beyond Sanbell’s reasonable control. Fees and Billing Arrangements Invoice and Billing: Sanbell will bill for its services on a fixed fee basis by phase as described in the table below. Sanbell will begin work once this agreement has been executed by both parties. Phase Scope Item Fee Phase 1 Final Space Needs Program $3,400.00 Phase 2 City Shops Complex Market Analysis $2,700.00 Phase 3 Conceptual Design $16,500.00 Phase 4 Temporary/Future City Shops Complex Conceptual Design $11,000.00 Fee Total $33,600.00 Sanbell will submit monthly invoices to the Client for work accomplished during the preceding invoice period. That invoice period will typically be approximately 30 days and will follow a calendar month schedule. For services provided on a fixed fee basis, the amount of each monthly invoice will be determined on the “percentage of completion method” whereby Sanbell will estimate the percentage of the total scope of work accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanbell, and reimbursable costs. Such invoices shall be submitted by Sanbell as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by 210 Sarah Kitchin, AIA December 9, 2025 Page 5 the Client upon receipt. The Client agrees that the monthly invoice from Sanbell is correct, conclusive, and binding on the Client unless the Client, within 20 workingdays from the date of receipt of such invoice, notifies Sanbell in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Expiration of Proposal: If the Client does not provide Sanbell with a signed copy of this proposal within 30 days from the proposal date on the first page, the offer to perform services as described herein will expire and be revoked. Should that occur, Sanbell will gladly work with the Client to provide a renewed proposal with updated terms, fees, and conditions as required. Conclusion Sarah, we look forward to working with you on this important project. Feel free to call me at 406.922.4308 if you have any questions regarding this proposal. Otherwise, if it meets your approval, please provide Sanbell a subconsultant agreement incorporating this scope of work and associated fees. Thank you. Sincerely, Bobby Egeberg, PE Danielle Scharf, PE, PTOE, LEED APAssociate Managing PrincipalProject Manager Senior Quality Reviewer BE/DRS/SG O:2025_City of Bozeman Public Works Expansion Conceptual Design_Proposal_12092025 Sincerely, Bobbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbby Egeberg,gggggggggggggggggggggggg PPPPPPPPEAssociateygy Danielle Scharf PE PTOE 211 Short Form Standard Services Agreement Page | 1 206 259 2990 www.dcwcost.com WBE WOSB SCS 415 1st Ave, #9671 Seattle, WA 98109 220 NW 8thAvePortland, OR 97209 December 8, 2025 Sarah Kitchin Hennebery Eddy Architects, Inc. 109 North Rouse Ave Bozeman, MT 59715 RE: Public Works Facility Expansion FP-MT-2025-0172 Dear Sarah Kitchin, Thank you for inviting our team to submit a proposal for Cost Consulting services on this project. My understanding of the scope of services to be provided is incorporated into the attached assumptions as detailed in Schedule 1. The proposed fees in Schedule 2 assume these terms & conditions will be in effect for the provision of our services, and we reserve the right to adjust our fee should these be changed, or should we be required to execute a different contract between us. I look forward to the opportunity of assisting you on this particular project. If you have any questions regarding these fees or the scope of our services, please do not hesitate to contact me. If you are in agreement with the scope, fees, and contract terms, please sign as indicated, retain a copy, and return the signed copy. Sincerely, Tim Ausink, LEED AP Managing Director 212 December 8, 2025 Short Form Standard Services Agreement Page | 2 SCHEDULE 1 DCW COST MANAGEMENT, LLC’s Basic Services Project Description: We understand that the project comprises cost planning for the Public Works Facility Expansion located in Bozeman, MT. The cost study scope of work providing ongoing Cost Management services to support the project’s implementation of the Target Value Delivery (TVD) process. Our role will include continuous cost modeling, value alignment, and cost guidance throughout the Visioning & Program Confirmation Phase into Conceptual Design to ensure that project scope, quality, and budget remain in balance. The intended design package consists of the expansion to the City’s Public Works Facilities at one or more sites. Current City facilities are severely lacking in adequate space to accommodate both a growing organization and community. Operational facilities for the following Divisions are being assessed: • Streets Division (including signs & signals) • Vehicle Maintenance • Water & Sewer • Stormwater • Water Conservation • Parks • Forestry • Facilities • Fire (training facility) • Parking (impound lot) Special considerations will need to be made as it relates to the relocation of staff and equipment without impacting operational efficiencies or service delivery. A phased implementation of project location may include, but are not limited to, the following City-owned properties: • North Rouse Avenue Complex – 1812 N. Rouse Ave, Bozeman, MT 59771 • Summit Sports Building & Site – 1804 N. Rouse Ave, Bozeman, MT 59718 • Water Reclamation Facility – 2245 Springhill Rd, Bozeman, MT 59718 • Laurel Glen Annex – 5519 Saxon Way, Bozeman, MT 59718 • Sunset Hills Cemetery – 340 Golf Way, Bozeman, MT 59715 • Sports Park – 4600 Baxter Ln, Bozeman, MT 59718 Detailed Scope of Work: Task 1 Target Value Delivery The Target Value Delivery (TVD) process is expected to take place through June 2026 during design development and conceptual design. x Development and maintenance of a dynamic cost model reflecting the evolving design scope and market conditions. Deliverables may also include target alignment reports, tools, and milestone validation estimates at agreed intervals. o Long term operation and maintenance costs for the proposed buildings will be incorporated, in addition to the cost of any temporary relocations/dual operations. o Deliverables may be broken down by Division/fund in order to inform the City’s Capital Improvement Plan and meet future bonding requirements. o Identification of cost drivers and value opportunities, with recommendations for scope alignment to maintain the target cost will be incorporated. o Periodic cost validation reports and updates will be provided to reflect approved scope changes, market fluctuations, and procurement results. x Continuous collaboration with the Owner, Design Team, and Trade Partners to evaluate cost impacts of design decisions in real time. o Participation in design charrettes and milestone reviews to support cost-informed decision-making, either in person or virtually. 213 December 8, 2025 Short Form Standard Services Agreement Page | 3 o Participation in regular (weekly or biweekly) team meetings, in person or virtually, as determined by the project schedule. Task 2 Conceptual Design – Rough Order of Magnitude x Prepare an opinion of probable construction costs during this stage for up to two Concepts including all elements as necessary for a complete cost estimate. The cost estimate will be prepared in Uniformat II component format. x Prepare a single revision to the opinion of probable construction cost after review and commentary by the team. Further revision requests are not included and may require additional fee. x Up to three team and client meetings are included during this phase. x Value Management and Reconciliation are not included in this task and will require an additional service. Revisions: Revisions are inclusive of redlines based solely on the narratives and drawings provided at the beginning of the contracted costing phase. Changes to the drawings made during the estimating process will not be incorporated into the current cost plan without prior discussion and additional fee. Acceptable revisions are minor corrections that expand upon the drawings and narratives provided at the initiation of the costing exercise. Costing Schedule: Our consultants require adequate time to complete their costing work, which can range between two to six weeks for draft development based on project size. It is highly recommended that you communicate with the DCW team prior to project delivery to ensure that we can work within your preferred timeline. Value Management: Value management is typically not included in our cost exercise unless specifically requested. We maintain specialty tools to support budget management and, upon request, are happy to produce the tools and provide this service. Reconciliation: Reconciliation is not assumed in our costing work unless explicitly requested. Reconciliation with Contractors based on the GC/CM or CM/GC delivery method can be incorporated at your request as an additional service. 214 December 8, 2025 Short Form Standard Services Agreement Page | 4 SCHEDULE 2 Fee Schedule Fee Breakdown HRS RATE SUM Task 1 Target Value Delivery 50 $185 $9,250.00 Task 2 Conceptual Design 31 $185 $5,735.00 SUM Total 81 $14,985.00 The services in the scope of work (Attachment 1) will be performed on an Hourly Basis NTE (not to exceed) the amount of $14,985. The fees are valid for ninety days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the above fees, to reflect possible resultant changes to the scope of the remaining service. The fee assumes that drawings, specifications, and reports required for the performance of our work will be provided electronically, at no cost to DCW Cost Management, LLC. Should you require printed copies of our opinions of probable construction cost, this fee assumes that we will provide a maximum of six copies of each report. (end of page) 215 December 8, 2025 Short Form Standard Services Agreement Page | 5 SCHEDULE 3 DCW COST MANAGEMENT, LLC Current Hourly Rate Schedule All other services not detailed above, including additional estimates, further revisions to completed estimates, use of different estimating formats, additional meeting attendance, value engineering, reconciliation with cost estimates prepared by other parties beyond that specifically included above, or bidding and construction phase services will be considered additional services. Unless otherwise agreed prior to the work being carried out, our fees for any additional services will be based on time expended at our normal billing rates prevailing at the time the work is carried out. Currently, these hourly rates are: Bill Rate Directors $185.00 Specialists $175.00- $185.00 Cost Estimators* $165.00 - $175.00 Clerical $115.00 Deposition and Trial Additional 50% *Primary work performed by Cost Estimators Confirmation of Agreement: This letter correctly sets out the scope and fees to be provided by DCW Cost Management, LLC for the proposed project. DCW COST MANAGEMENT, LLC. DATE: 12/8/2025 By: Tim Ausink Its: Managing Director _______________________________ Client: Hennebery Eddy Architects, Inc. DATE: By: Sarah Kitchin Its: Associate Principal | Architect _______________________________ 216 Bozeman Public Works Facility Expansion – ECO’s Scope of Work 1 DATE: 11/10/2025 TO: Sarah Kitchin, Hennebery Eddy Architects FROM: Matt Craigie, ECOnorthwest SUBJECT: Bozeman Public Works Facility Expansion – ECO’s Scope of Work This is a draft Scope of Work to accompany ECOnorthwest’s subconsultant contract with Hennebery Eddy Architects related to the Bozeman Public Works Facility Expansion project. Project Understanding This Scope of Work outlines ECOnorthwest’s (ECO) role as a subconsultant to Hennebery Eddy Architects on the Bozeman Public Works Facility Expansion project. ECO will support the project team by attending select meetings, conducting targeted analyses—including a market analysis—and advising on recommendations from an economic perspective. The project seeks to develop a comprehensive conceptual design that addresses space and operational needs across multiple divisions while accommodating Bozeman’s continued growth. ECO will lead the market analysis for the City’s existing Shops Complex and provide economic insights to inform facility planning, funding strategies, and long-term capital investments. Tasks not identified in this document are considered out of scope but may be added through a scope amendment; no travel is included. Work will begin in coordination with the project kick-off, anticipated in December 2025 or January 2026, and will align with the City’s project schedule and milestone reviews. ECO will participate remotely and coordinate closely with Hennebery Eddy Architects and City staff throughout the Aspire, Learn, and Explore phases. Scope of Work Task 1. City Shops Complex Market Analysis (RFQ Phase 1, Task 2) As outlined in the City’s RFQ, the consultant team will complete a market analysis for the potential sale of the City’s existing Shops Complex (814 N. Bozeman Avenue) to help fund future facility improvements. ECOnorthwest will lead this analysis, evaluating potential private-sector uses and identifying a viable disposition strategy. The work will include reviewing land use and zoning regulations, market and demographic trends, and comparable property data to inform feasible development scenarios. Based on this evaluation, ECO will estimate a near-term pricing range and provide recommendations that balance the City’s financial objectives with broader community goals for redevelopment. 217 Bozeman Public Works Facility Expansion – ECO’s Scope of Work 2 Task 2. Additional Site Reviews (Optional Add-Alternate) ECO will collaborate with City staff and the consultant team to review up to three additional City-owned properties for potential disposition or private-sector redevelopment. Each review will include a high-level market scan, identification of likely development typologies, and recommendations for next steps toward disposition or redevelopment. Task 3. Economic Advisement ECO will work closely with the design team throughout the Aspire, Learn, and Explore phases, integrating market and economic perspectives into facility design and site planning. This advisement will help align redevelopment concepts and facility investment s with market conditions, fiscal sustainability, and community objectives. Deliverables Market Analysis Technical Memorandum: Summary of analysis, findings, and disposition recommendations for the City Shops Complex. Optional Addendum: Brief market scans and recommendations for additional City-owned sites (if requested). Budget ECO proposes two scope options for consideration: Option A – Base Scope: Includes Task 1 (Market Analysis) and Task 3 (Economic Advisement). Option B – Expanded Scope: Includes all items in the Base Scope plus Task 2 (Additional Site Reviews). A detailed fee estimate will be provided upon confirmation of the preferred scope. • Task 1: Shops Site Market Analysis: $25,000 • Task 2: Additional Site Reviews: $15,000 • Task 3: Advisement: $5,000 This estimate assumes no trips to Bozeman and no deliverables for Task 3. So for Tasks 1 and 3, we're asking $30,000. 218 City of Bozeman Public Works Concept Design Schedule LEARN EXPLORE REALIZE Listening & learning from you about your needs & wants to confirm and refine the program.Investigate site opportunities. Investigating multiple options as solutions to meet your goals, needs, and wants and bringing them to you for your input, feedback, and selection; aligning selected options with the goals, budget, and schedule. Documenting, permitting, and constructing the selected option; Moving-into the facility and verifying the project has met the guilding principles. 22002266 JJaannuuaarryy FFeebbrruuaarryy MMaarrcchh AApprriill MMaayy JJuunnee 5 12 19 26 2 9 16 23 2 9 16 23 30 6 13 20 27 4 11 18 25 1 VISIONING & PROGRAM CONFIRMATION (RFQ TASK 1)Visioning & Program Confirmation (Task 1) 7 wks Workshop 1 - Visioning, Discovery, & Program Confirmation Existing Facility Tours City-Owned Site Visits Regional Precedent Tours Precedent Tours Visioning Workshop Workshop 2 - Program Alignment Programming/Site Discovery Workshops (Delegate, Steering, & PM Group) Budget Validation Steering Committee Project Management Team Milestones/ Deliverables MARKET ANALYSIS (RFQ TASK 2)Market Analysis (Task 2) Review revenue options Land use & Zoning Regulations Market & Demographic Trends Milestones CONCEPTUAL DESIGN (RFQ TASK 3 & 4)Conceptual Design (Task 3&4) 9 wks Workshop 3 - Concept Design "Big Idea" Site Concepts Steering Committee Project Management Team Milestones TVD/Budgeting (RFQ TASK 5)Target Value Delivery/Budgeting (Task 5) TVD/Budget Milestones (Steering Committee Agenda) 1/12 Precedent Tours Site Short List 1/13 Existing Tours Budget Check-in 2/2-2/4ProgrammingWorkshops 4/9 Concept Design Workshop Near Term Pricing Range & Recommendations City Shops Site Decision Finalize Concept Final Budget/ Funding 2/2 Visioning Workshop Visioning/ Programming Package 1/14 Site Visits 5/5DesignUpdate 5/11 Design Summary w/ Full Group Finalize Report Budget Check-in Final Budget Check-inBudget Check-in 1/7 1/29 2/19 3/25 4/23 5/20 Page Turn Review 12/30/2025 Establish the “Guiding Principles”, a shared language and understanding, and validating the budget. ASPIRE Updated: 12/30/2025 219 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Approve the Final Plat for the Aaker Phase 1 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 24386 (Montana) MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Aaker Phase 1 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 25358 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 Aaker Phase 1 Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on August 15, 2023 (Application No. 22311) and the FOF was signed on September 12, 2023. This is a major subdivision preliminary plat application to divide a 95.41-acre property into 11 lots consisting of 6 multi-household lots, 1 City park lot, 1 commercial lot, 2 open space lots, and 1 restricted development lot. The property has two zoning designations: REMU, Residential Emphasis Mixed Use, and B-2M, Community Business—Mixed. The 63.68-acre restricted lot, labeled Tract B, is zoned both REMU and B-2M. The 6 residential lots, 1 commercial lot, 2 open space lots and the City park lot are zoned REMU and constitute the first phase of development of this subdivision (“Phase 1”). The Tract B Restricted Lot would be developed at a later phase and would require a subsequent subdivision application and approval prior to its development. This Phase 1 Final Plat requires an Improvements Agreement (IA) and 220 Financial Surety for City Park A landscaping and improvements. The financial surety Letter of Credit in the total amount of $1,276,546.00 from Stockman Bank has been provided by the developer. Therefore, this Phase 1 Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested FISCAL EFFECTS:Development of the property would result in an increase in property tax revenues as well as additional costs of maintenance of public utilities and services for the development, over time. Attachments: 25358 Aaker FP Commission Memo.pdf City Attorney Certificate 25358.pdf Report compiled on: December 16, 2025 221 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Kelley Rischke, Assistant City Attorney Susana Montana, Senior Planner, Community Development SUBJECT: Approve the Final Plat for the Aaker Phase 1 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreements on behalf of the City of Bozeman; Application No. 25358. Quasi-Judicial 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. MEETING DATE: January 6, 2026 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Aaker Phase 1 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman. BACKGROUND: The Aaker Phase 1 Subdivision Preliminary Plat Findings of Fact and Order (FOF) was approved by the City Commission on August 15, 2023 (Application No. 22311) and the FOF was signed on September 12, 2023. This is a major subdivision preliminary plat application to divide a 95.41-acre property into 11 lots consisting of 6 multi-household lots, 1 City park lot, 1 commercial lot, 2 open space lots, and 1 restricted development lot. The property has two zoning designations: REMU, Residential Emphasis Mixed Use, and B-2M, Community Business—Mixed. The restricted lot, labeled Tract B, is zoned both REMU and B-2M. The 6 residential lots, 1 commercial lot, 2 open space lots and the City park lot are zoned REMU and constitute the first phase of development of this subdivision (“Phase 1”). The 63.68-acre Tract B Restricted Lot would be developed at a later phase and would require a subsequent subdivision application and approval prior to its development. 222 This Phase 1 Final Plat requires an Improvements Agreement (IA) and Financial Surety for City Park A landscaping and improvements. The financial surety Letter of Credit in the total amount of $1,276,546.00 from Stockman Bank has been provided by the developer. Therefore, this Phase 1 Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. The Aaker Phase 1 Final Plat Application No. 25358 can be viewed here. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. Staff finds that all terms and conditions of the preliminary plat approval have been met. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 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. Report compiled on: December 19, 2025 Attachment: City Attorney Certificate 223 224 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brian Guyer, Community Housing Manager Brit Fontenot, Economic Development Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Whole System Performance, LLC for Community Housing Consensus-Based Engagement Facilitation for a Fowler Housing Project MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement with Whole System Performance, LLC for Community Housing Consensus-Based Engagement Facilitation STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:City staff committed to engaging in a consensus process with housing stakeholders and nearby neighbors for the Fowler Housing Project. This proposed scope of work "outlines a structured, transparent approach to engage affected neighbors, community members, and decision-makers regarding the proposed affordable housing development on City-owned land." The process is designed to build trust, surface concerns early and create a pathway toward collaborative solutions." The consensus process is designed to engage key stakeholders regarding project design and zoning considerations. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this contract is $26,200, which is available through the Community Housing Fund. Attachments: Whole System Performance PSA 20251219.pdf Scope of Work (attached to signed contract)- Project_ City of Bozeman - Affordable Housing Opportunity for Collaboration 225 (2).pdf Report compiled on: December 16, 2025 226 Professional Services Agreement with Whole System Performance, LLC Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 6 day of January, 2026 (“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, Whole System Performance, LLC, 778 Slate Creek Rd. Whitebird, ID 83554, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30 day June, 2027, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 227 Professional Services Agreement with Whole System Performance, LLC Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 228 Professional Services Agreement with Whole System Performance, LLC Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 229 Professional Services Agreement with Whole System Performance, LLC Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 230 Professional Services Agreement with Whole System Performance, LLC Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 231 Professional Services Agreement with Whole System Performance, LLC Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine, Economic Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Diane Groves, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s 232 Professional Services Agreement with Whole System Performance, LLC Page 7 of 11 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 233 Professional Services Agreement with Whole System Performance, LLC Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 234 Professional Services Agreement with Whole System Performance, LLC Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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 Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 235 Professional Services Agreement with Whole System Performance, LLC Page 10 of 11 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 236 Professional Services Agreement with Whole System Performance, LLC Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 237 Proposed Approach for Engaging with Affected Parties – City of Bozeman Affordable Housing Opportunity Prepared for: The City of Bozeman Montana Prepared by: Diane Groves, Senior Organization Facilitator Date: December 18 2025 Engagement Phases Phase I: Individual Conversations Virtual and in-person one-on-one conversations with City staff, Commission members, key partners and community members,interested stakeholders and neighborhood representatives. These occur prior to group meetings to ensure transparency, fairness, and productive dialogue. Phase II: Group Listening Sessions Listening sessions - will bring together affected groups and City decision-makers. Timeline - will follow 1-1s Phase III: Collaborative Problem-Solving Phase III will be informed by the listening session recommendations for a successful path forward: Generally it will include a mixed-interest group that will be convened to problem solve and work toward recommendations for alternatives. This phased approach ensures respectful engagement, balances community concerns with City priorities, and creates opportunities for shared problem-solving that supports Bozeman’s affordable housing goals and upholds the City’s commitment to meaningful and impactful engagement with the community. 238 Expected support by City staff: ● Securing and preparing venues including supplies ● Scheduling and coordinating and issuing invitations for meetings ● Managing clear, timely and transparent communications ● Providing technical and administrative support ● Supplying background materials and technical expertise ● Documenting input and maintaining official records (exception for meeting reports provided by facilitator) ● Ensuring participation of decision-makers ● Upholding transparency and accountability throughout the process Project Total: $26,200.00 239 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Third Amendment to the Cooperative Purchasing Agreement with Steelcase for Furniture and Related Services for the City Hall Renovation Project MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Third Amendment to the Cooperative Purchasing Agreement with Steelcase for Furniture and Related Services for the City Hall Renovation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman is renovating City Hall to improve safety, create additional office space, and increase energy efficiency. This amendment includes additional charges for several new workspaces and associated accessories for various personnel within City Administration, Finance, Human Resources, Economic Development, and Legal Departments. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Savings within the current fiscal year (FY26) from benefited Departments will be used to fund the increase of $70,518.36. Attachments: THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FURNITURE.pdf THIRD AMENDMENT TO PSA FURNITURE EXHIBIT A.pdf Report compiled on: December 9, 2025 240 Third Amendment to Professional Services Agreement for [Steelcase] FY 2025 – FY 2026 Page 1 of 2 THIRD AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT THIS THIRD AMENDMENT TO THE COOPERATIVE PURCHASING AGREEMENT FOR FURNITURE AND RELATED SERVICES FOR THE CITY HALL RENOVATION PROJECT dated February 4, 2025 (the “Agreement”) is made and entered into this day of Dec 16, 2025, by and between the CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as “City,” and Steelcase Inc., with a mailing address of 901 44th Street SE, Grand Rapid, MI 49508, hereinafter referred to as “Steelcase” or “Vendor.” The amount of this modification is to increase this purchase agreement by $70,518.36 from $392,073.78 to $462,592.14. 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. Payment Section 4 of the Agreement is altered to include additional charges for several new workspaces and associated accessories for various personnel within City Administration, Finance, Human Resources, Economic Development, and Legal Departments in the amount of $70,518.36, as listed in Exhibit A. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 241 Third Amendment to Professional Services Agreement for [Steelcase] FY 2025 – FY 2026 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA [STEELCASE INC.] By By Chuck Winn, City Manager Print Name: Megan Maguire Title: Manager, Pricing, & Contract APPROVED AS TO FORM By Greg Sullivan, Bozeman City Attorney 242 KR Office Interiors QUOTE #B-2441 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture City Clerk - Mike's Office QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 GLB GCY1816 Laminate Occasional Table, Flush Base, 18"Dia x 21"H $764.00 $764.00 $420.20 $420.20 1 STL CRBK Currancy Bookcase, 24"D x 30"W x 78"H, Laminate - Clear Oak $1,884.96 $1,884.96 $799.41 $799.41 1 STL CRPD2HBBF Currancy Pedestal-2-High, Box/Box/File, 24"D: Laminate - Clear Oak $1,363.45 $1,363.45 $578.24 $578.24 1 STL CRPD2FF Currancy Pedestal-2-High, File/File, 24"D: Laminate - Clear Oak $1,363.45 $1,363.45 $578.24 $578.24 1 STL CRWDR Currancy Cabinet - Hinged Right, 24"D x 12"W x 66.5"H: Laminate - Clear Oak $1,732.07 $1,732.07 $734.57 $734.57 1 STL OLELL3 Ology; Desk-90 degree, 3 legs, extended height, 30"DL x 76"WL x 24"DR x 76"WR: Laminate - Clear Oak, Paint - Milk $5,600.43 $5,600.43 $2,501.15 $2,501.15 1 STL OLMP Ology; Modesty panel, desk application, 76"W: Laminate - Clear Oak $355.00 $355.00 $158.54 $158.54 1 STL UFQ24T Leg-Universal, table, open, 24"D: Paint - Milk $787.49 $787.49 $231.60 $231.60 1 STL USWS Worksurface-straight, laminate, 84"W x 24"D: Laminate - Clear Oak $934.10 $934.10 $274.72 $274.72 1 FEL EDGE2 Edge Series Dual Monitor Arm $895.00 $895.00 $402.82 $402.82 1 STL RBC15363A Bookcase, 2 adjustable shelves, 15"D x 36"W x 40"H with laminate top: Paint - Milk Smooth, Laminate - Clear Oak $1,887.05 $1,887.05 $708.78 $708.78 SUB-TOTAL $17,567.00 $7,388.27 City Clerk - Minutes & Ordinances QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL CRBK Currency Bookcase, 36"W x 15"D x 84"H: Laminate - Clear Oak $1,679.00 $1,679.00 $796.75 $796.75 SUB-TOTAL $1,679.00 $796.75 243 KR Office Interiors QUOTE #B-2441 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture City Clerk - Alex QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL TS71842TK Answer Panel skin- tackable acoustical, 18"H x 42"W: Fabric - Stencil, Orchid $219.91 $219.91 $64.68 $64.68 1 STL TS72442SW Answer Panel skin - slatwall, 24"H x 42"W: Paint - Milk $756.08 $756.08 $222.36 $222.36 1 STL WBHS Worktools - Binder Holder $60.74 $60.74 $29.61 $29.61 1 STL WSPS Worktools - Personal shelf $67.02 $67.02 $32.67 $32.67 1 STL WPFS Worktools - Paperflo manager $145.56 $145.56 $70.96 $70.96 SUB-TOTAL $1,249.31 $420.28 City Admin - Julie's Desk QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL SSCRN Soffio Screen, 56"W: Fabric - Billiard, Gunmetal $1,065.00 $1,065.00 $508.78 $508.78 SUB-TOTAL $1,065.00 $508.78 Economic Development - Conference Room QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL VCBTR Viccarbe Trestle Table, 96"W x 48"D, laminate top & metal legs, with power at surface: Laminate - Clear Oak, Paint - Milk $5,607.76 $5,607.76 $3,214.37 $3,214.37 6 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,810.00 $10,860.00 $977.40 $5,864.40 SUB-TOTAL $16,467.76 $9,078.77 244 KR Office Interiors QUOTE #B-2441 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture Economic Development - Jesse's Office QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL OLELL3 Ology; Desk-90 degree, 3 legs, extended height, 24"DL x 76"WL x 30"DR x 70"WR: Laminate - Clear Oak, Paint - Milk $5,445.44 $5,445.44 $2,431.93 $2,431.93 1 STL OLMP Ology; Modesty panel, desk application, 70"W: Laminate - Clear Oak $346.62 $346.62 $154.80 $154.80 1 FEL EDGE2 Edge Series Dual Monitor Arm $895.00 $895.00 $402.82 $402.82 SUB-TOTAL $6,687.06 $2,989.55 Economic Development - David's Office QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 2 STL CRPD2HBBF Currancy Pedestal-2-High, Box/Box/File, 24"D: Laminate - Clear Oak $1,363.45 $2,726.90 $578.24 $1,156.48 1 STL UFQ24T Leg-Universal, table, open, 24"D: Paint - Milk $787.49 $787.49 $231.60 $231.60 1 STL USWS Worksurface-straight, laminate, 84"W x 24"D: Laminate - Clear Oak $934.10 $934.10 $274.72 $274.72 SUB-TOTAL $4,448.49 $1,662.80 Legal Suite QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 DEF DEFCM13443F Deflecto DuraMat for Carpet - 60" x 46"$0.00 $191.99 $191.99 SUB-TOTAL $191.99 245 KR Office Interiors QUOTE #B-2441 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture HR Storage Room QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 12 DAT WSC-18 Siesmic Support Channel - 18"$64.50 $774.00 $40.31 $483.75 24 DAT WUR-72 Wide Span Standard L Upright - 72"H $33.00 $792.00 $20.63 $495.00 6 DAT WSC-60 Siesmic Support Channel - 60"$89.00 $534.00 $55.63 $333.75 4 DAT WSC-54 Siesmic Support Channel - 54"$84.50 $338.00 $52.81 $211.25 2 DAT WSC-48 Siesmic Support Channel - 48"$80.00 $160.00 $50.00 $100.00 24 DAT WRA-60 Wide Span Heavy-duty shelf support 60"$44.00 $1,056.00 $27.50 $660.00 16 DAT WRA-54 Wide Span Heavy-duty shelf support 54"$41.75 $668.00 $26.09 $417.50 8 DAT WRA-48 Wide Span Heavy-duty shelf support 48"$38.50 $308.00 $24.06 $192.50 48 DAT WRA-18 Wide Span HD Shelf Support - 18"$28.50 $1,368.00 $17.81 $855.00 140 DAT WDS-18 Wide Span Reinforcment - 18"$37.25 $5,215.00 $23.28 $3,259.38 10 DAT WFMS-1854 Wide Span Flat Metal Shelf - 18" x 54"$75.50 $755.00 $47.19 $471.88 15 DAT WFMS-1860 Wide Span Flat Metal Shelf - 18" x 60"$86.50 $1,297.50 $54.06 $810.94 5 DAT WFMS-1848 Wide Span Flat Metal Shelf - 18" x 48"$69.00 $345.00 $43.13 $215.63 $13,610.50 $8,506.56 Jon's Chair QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STL 442A40 Gesture, wrapped back adjustable seat depth, Dark/Light Color Scheme, Gaja Night Blue 5W45 $2,442.00 $2,442.00 $1,155.11 $1,155.11 SUB-TOTAL $2,442.00 $1,155.11 Monitor Arm Sliders QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 3 FEL EDV-SLD Monitor Arm Slider (set of 2 per dual monitor arms)$394.00 $1,182.00 $197.00 $591.00 SUB-TOTAL $1,182.00 $591.00 246 KR Office Interiors QUOTE #B-2441 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture Finance - Bernie's Desk with U-Shaped Second Desk QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STC 436AIR3D Steelcase Series 2; Chair-Air back, 3D microknit $1,314.24 $1,314.24 $565.25 $565.25 1 FEL EDGE2 Edge Series Dual Monitor Arm $895.00 $895.00 $402.82 $402.82 1 STC MGELTRQ Migration SE; Desk-Rectangle, T leg, Extended height $2,220.06 $2,220.06 $845.18 $845.18 1 STC RPF2427AF Pedestal-Fixed, 2 box / 1 file, Flush steel front, 22 5/8D x 15W x 27H $1,066.05 $1,066.05 $301.05 $301.05 2 STC RPF2427BF Pedestal-Fixed, 2 file, Flush steel front, 22 5/8D x 15W x 27H $1,034.63 $2,069.26 $292.18 $584.36 2 STC TS71272TFGR Screen-Frameless glass, Recessed, Thin, 12H x 72W $1,117.36 $2,234.72 $328.62 $657.24 1 STC TS71836SW Slatwall, 18H x 36W $640.89 $640.89 $188.49 $188.49 2 STC TS71SSX Receptacle-System ground, Line 1, 3+1 $68.07 $136.14 $20.02 $40.04 1 STC TS72436TK Panel skin-Tackable acoustical, 24H x 36W $238.76 $238.76 $70.22 $70.22 3 STC TS730THF Frame-Horizontal package, Thin, 30W $138.23 $414.69 $40.65 $121.95 5 STC TS736THF Frame, Horizontal package, Thin, 36W $146.61 $733.05 $43.12 $215.60 1 STC TS74230LS Skin, Laminate, 42H x 30W $748.75 $748.75 $220.21 $220.21 5 STC TS74230TK Panel skin-Tackable acoustical, 42H x 30W $327.77 $1,638.85 $96.40 $482.00 2 STC TS74236LS Skin, Laminate, 42H x 36W $748.75 $1,497.50 $220.21 $440.42 7 STC TS74236TK Panel skin-Tackable acoustical, 42H x 36W $353.95 $2,477.65 $104.10 $728.70 1 STC TS74242LS Skin, Laminate, 42H x 42W $734.00 $734.00 $234.07 $234.07 1 STC TS748TEPJ Junction-End of run, Thin, 48H $78.54 $78.54 $23.10 $23.10 1 STC TS748TEPJ Junction-End of run, Thin, 48H $166.50 $166.50 $48.97 $48.97 5 STC TS748TIPJ Junction-In line, Thin, 48H $118.33 $591.65 $34.80 $174.00 2 STC TS748TLPJ Junction-L, Thin, 48H $260.75 $521.50 $76.69 $153.38 1 STC TS748TTPJ Junction-T, Thin, 48H $260.75 $260.75 $76.69 $76.69 1 STC TS76BPX Power infeed, 3+1, 6L in ft $417.83 $417.83 $122.88 $122.88 2 STC TS7FGJG Grommet-Junction, Package quantity 2, Frameless glass application $5.24 $10.48 $1.54 $3.08 2 STC TS7PK30X Kit-Power, 3+1, 30W $335.10 $670.20 $98.55 $197.10 247 KR Office Interiors QUOTE #B-2446 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture Finance - Bernie's Desk with U-Shaped Second Desk Continued QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 5 STC TS7PK36X Kit-Power, 3+1, 36W $335.10 $1,675.50 $98.55 $492.75 2 STC TS7STLS1 In line-Spanning Top Cap, Package quantity 1, Lightseal $27.23 $54.46 $8.01 $16.02 2 STC TS7TFGRC Connector-Top cap, Frameless glass application $27.23 $54.46 $8.01 $16.02 3 STC UCANT Cantilever, On module application, 16W x 13D $174.88 $524.64 $51.43 $154.29 2 STC UCL C legs-Double post, Glides, 28 1/2H $652.41 $1,304.82 $191.87 $383.74 2 STC UFB Bracket-Flush mount $42.94 $85.88 $12.63 $25.26 1 STC USWS Worksurface-Straight, Laminate, Plastic edge profile (47x24)$372.80 $372.80 $109.64 $109.64 2 STC USWS Worksurface-Straight, Laminate, Plastic edge profile (72x24)$626.23 $1,252.46 $184.17 $368.34 SUB-TOTAL $27,102.08 $8,462.86 Finance - Open Area Lowered panels, 7' Desks QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 6 STC TS71242SW Answer Slatwall Tile, 12"H x 42"W - Paint: Milk 4242 $575.96 $3,455.76 $169.39 $1,016.34 6 STC TS71284TFGR Answer Screen-frameless glass, recessed, thin, 12"H x 84"W - Glass: Clear Glass, Paint: Milk 4242 $1,366.60 $8,199.60 $401.92 $2,411.52 6 STC TS73636TK Answer Fabric Tile, 36"H x 36"W - Uphosltery: Orchid P464 $343.48 $2,060.88 $101.02 $606.12 20 STC TS73642LS Answer Laminate Tile, 36"H x 42"W - Laminate: Clear Oak 2HAK, Paint: Milk 4242 $774.93 $15,498.60 $227.91 $4,558.20 12 STC TS73642TK Answer Fabric Tile, 36"H x 42"W - Uphosltery: Orchid P466 $375.94 $4,511.28 $110.56 $1,326.72 8 STC TS742TEPJ Answer Junction - End of run, Thin, 42"H - Paint: Milk 4242 $166.50 $1,332.00 $48.97 $391.76 16 STC TS742THF Answer Frame, Horizontal pakcage, thin, 42"W - Paint: Milk 4242 $168.60 $2,697.60 $49.59 $793.44 11 STC TS742TIPJ Answer Junction - In line, Thin, 42"H $118.33 $1,301.63 $34.80 $382.80 2 STC TS742TTPJ Answer Junction - T, Thin, 42"H - Paint: Milk 4242 $260.75 $521.50 $76.69 $153.38 2 STC TS742TXPJ Answer Junction - X, Thin, 42"H - Paint: Milk 4242 $260.75 $521.50 $76.69 $153.38 248 KR Office Interiors QUOTE #B-2446 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture Finance - Open Area Lowered panels, 7' Desks Continued 1 STC TS736OBK Answer Kit-open base, 36"W - Paint: Milke 4242 $68.07 $68.07 $20.02 $20.02 6 STC USWS Answer Worksurface-straight, laminate, plastic edge 84"W x 30"D - Laminate: Milk 2884 $1,039.87 $6,239.22 $305.83 $1,834.98 SUB-TOTAL $46,407.64 $13,648.66 Melissa's Office Reconfiguration QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 STC OLELL3 Ology; Desk-90 degree, 23"DL x 76"WL x 29"DR x 76"WR $5,600.43 $5,600.43 $2,501.15 $2,501.15 1 STC CRTWSAFFL Currency Tower-side access, File/File, Cabinet Left, 24"W x 24"D x 66"H $3,246.32 $3,246.32 $1,376.76 $1,376.76 2 STC AWAG2 Grommet - Round, 2.5"dia. White (for Larae and Aaron's Office)$25.00 $50.00 $9.00 $18.00 SUB-TOTAL $8,896.75 $3,895.91 FURNITURE TOTAL $148,804.59 $59,297.29 Labor QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL 1 KR LABOR Labor to install punch furniture items for the City Hall remodel, per sections noted in the above quote: This includes: removal and disposing of exisitng furniture. $0.00 $9,280.00 $9,280.00 FURNITURE & LABOR TOTAL $0.00 $68,577.29 FREIGHT SURCHARGE $1,941.07 TOTAL $70,518.36 249 KR Office Interiors QUOTE #B-2446 403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman Belgrade, MT 59714 CONTACT:Jon Henderson PHONE: 406-585-5417 PHONE: Email: megan@krofficeinteriors.com DATE: 12/5/2025 PROJECT:City Hall Remodel Additional Furniture Pricing valid for 30 days from the date of this document. PAYMENT TERMS & CONDITIONS ARE AS FOLLOWS: - 50% Deposit is required for KR Office Interiors to order furniture per this quotation. - By signing this quotation, the client agrees all finishes, materials and drawings are correct. - - Pricing of new furniture includes receiving, delivery, installation, and trash removal; it does not include removal and/or disposal of existing furniture. - Any labor quoted is based on the stated scope of the project. If changes to the scope are requested during installation, additional fees may apply. - Labor is based on normal business hours unless otherwise stated in the scope. - Job site must be free and clear of all obstacles/trades and ready to receive product or additional labor and storage fees may apply. - - Tarif charges may apply Customer Approval Date Please review the quote and corresponding drawings. Let us know if you would like to make any changes. If you are ready to place your order, please sign and return the quote and drawings to us by email: megan@krofficeinteriors.com Once the furniture is ordered, any changes and/or cancelations cannot be made. Furniture is not returnable or exchangeable unless defective or damaged at the time of delivery. 30 Days of free storage are included with this quote. If installation of the furniture is delayed due to construction or at the request of the client beyond 30 days from KR Office Interiors’ receipt of the furniture, additional storage fees will be applied and invoiced. 250 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Natalie Meyer, Sustainability Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Amendment No. 1 to Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Bidding Phase Services for the WRF Solar Project. MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 1 to Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Bidding Phase Services for the WRF Solar Project. 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. The City and HDR entered into Task Order No. 3 on July 22, 2025, which provided for HDR’s completion of final design documents for the proposed 553.4 kW non-export solar generating installation at the WRF. HDR completed the final design documents in late November. The attached Amendment No. 1 to Task Order 3 provides for HDR to complete bidding phase services. A future amendment providing for HDR to perform construction administration is anticipated prior to issuance of a notice of award for the construction contract. UNRESOLVED ISSUES:The availability of the federal clean energy investment tax credit (ITC) for solar projects sunsets in 2028 under the budget reconciliation bill passed by Congress and signed into law on July 4, 2025. Local governments can still claim the ITC through elective pay provisions available under the budget reconciliation law. However, to qualify for the full 30% ITC value (which is provided as a one-time cash reimbursement at 30% of an eligible solar project’s construction cost) specific IRS guidelines must be met. These guidelines require at least 5% of the solar project’s construction cost to be 251 expended or procured under binding agreements before December 31, 2025. To meet these requirements, the City has pre-purchased $75,900 worth of construction materials in the form of insulated conductor wire that will be owner-supplied to the future construction contractor. This purchase was authorized by the City through a formal purchase order, materials have been delivered and invoiced by the supplier, and payment has been issued by the City. This construction cost expenditure is 6.3% of the estimated construction cost of the project, therefore appearing to satisfy the 5% expenditure rule. Ultimately, the IRS determines whether a project satisfies applicable requirements to gain the 30% ITC. If the IRS denies ITC eligibility to the project under federal law for 2025, then the City will still be eligible for the full 30% tax credit but will become subject to supply chain restrictions that take effect under the budget reconciliation law in 2026. These new restrictions disqualify projects from ITC eligibility that receive “material assistance” from foreign entities of concern (FEOC) connected to China, Iran, Russia, and North Korea. IRS guidance on FEOC requirements has not yet been issued making it difficult to ensure compliance in advance. To best position the WRF solar project for the ITC on occurrence of it being subject to 2026 FEOC requirements, the insulated conductor wire pre-purchased by the City is certified by the wire manufacturer as being “Made in the USA”. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Negotiated costs for Amendment No. 1 to Task Order No. 3 increase agreed costs by $26,500 bringing the total contract amount of $116,100. Project costs are funded by the wastewater fund through capital improvement plan project 'WW155 - WRF Solar Arrays'. The available unobligated budget for WW155 amounts to $1,047,600. Sufficient funding exists to cover the amended task order costs. Attachments: Amendment 1 to TO 3_WRF Solar_Combined.pdf Amendment 1 to TO 3_WRF Solar_Combined.pdf Report compiled on: December 17, 2025 252 AMENDMENT NO. 1 TO AGREEMENT WRF ON CALL TASK ORDER NO. 3 FOR ENGINEERING SERVICES WHEREAS, The CITY OF BOZEMAN (“City”) and HDR ENGINEERING, INC. ("HDR") entered into an agreement on July 22, 2025, said agreement being Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, to perform engineering services for the final design of the WRF Non- Export Solar Power Installation Project (“WRF Solar Project”); and WHEREAS, The City desires to amend this Task Order No. 3 Agreement (the “Agreement”) in order for HDR to perform services beyond those previously contemplated; and WHEREAS, HDR is willing to amend the Agreement and perform the additional engineering services as set forth in this Amendment No. 1 to Task Order No. 3. NOW, THEREFORE, HDR and the City do hereby agree to amend the Agreement as follows: A) The terms and conditions of the Agreement shall remain unchanged other than those sections and exhibits listed below. B) Attachment A – Task Order No. 3 Scope of Work shall be amended to add the following tasks to the scope of work: Add to Task 300 Final Design, Subtask 303- Bidding documents. 303- HDR will prepare project specifications using HDR’s standard master specifications tailored to meet City of Bozeman requirements. Engineer’s Joint Contract Documents Committee (EJCDC) will be the basis of Division 0 specifications. The HDR master specifications utilize the six-digit format of the Construction Specification Institute. HDR will prepare the complete specification package for bidding and provide to the City of Bozeman for review. Add New Task 400- Bidding Services 400- HDR will provide bid period services assisting City of Bozeman in administering the advertisement and obtaining bids for the construction contract. HDR will prepare advertisement and notices announcing or soliciting bids for the construction of the project. City of Bozeman will determine the newspapers or other media where the advertisements and notices will be placed, coordinate with the advertisement agencies, and pay directly for the advertisements and notices. 253 HDR will provide PDFs of bidding documents for issuing to plan centers, bidders, City of Bozeman and others requesting copies of the bidding documents, utilizing the City of Bozeman’s QuestCDN platform. Drawings will be half size, 11-inches by 17-inches. Other documents will be 8 ½-inches by 11-inches. Receive requests for bidding documents and half-size drawings, and issue and transmit the document and drawings copies. Maintain a Plan Holders List recording to whom copies of the bidding documents and half-size drawings have been issued. HDR will assemble addenda as appropriate to interpret, clarify or expand the Contract Documents and distribute the addenda to plan holders. HDR will prepare an agenda and conduct a virtual pre-bid conference to be attended by City of Bozeman, interested Contractors, and project team. No worksite tour is included. City of Bozeman will administer the bid opening and HDR will prepare the bid tabulation. HDR will assist City of Bozeman in evaluating bids and provide a recommendation to award. C) The Compensation Section of the Agreement shall be amended as follows: Total lump sum fee increase of this Amendment No. 1 is $26,100, providing for an amended Agreement total of $116,100. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below: HDR ENGINEERING, INC. ("HDR") CITY OF BOZEMAN By:____________________________ By:_______________________________ Title:___________________________ Title:______________________________ Date:_________________________ Date:_____________________________ 254 Fee Estimate as of 12/11/2025 Client: City of Bozeman Project: TO3 WRF Solar Amendment 1 Summary of Hours Engineer Electrical Sr 33.00 Project Manager 22.00 Sr. Engineer 14.00 Engineer Electrical 4.00 Design Engineer 24.00 Project Accountant 2 2.00 Administrative Assistant 6.00 Total Hours 105.00 Total HDR Labor $26,049.85 Total Expenses $50.15 Total Fee $26,100.00 255 AMENDMENT NO. 1 TO AGREEMENT WRF ON CALL TASK ORDER NO. 3 FOR ENGINEERING SERVICES WHEREAS, The CITY OF BOZEMAN (“City”) and HDR ENGINEERING, INC. ("HDR") entered into an agreement on July 22, 2025, said agreement being Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, to perform engineering services for the final design of the WRF Non- Export Solar Power Installation Project (“WRF Solar Project”); and WHEREAS, The City desires to amend this Task Order No. 3 Agreement (the “Agreement”) in order for HDR to perform services beyond those previously contemplated; and WHEREAS, HDR is willing to amend the Agreement and perform the additional engineering services as set forth in this Amendment No. 1 to Task Order No. 3. NOW, THEREFORE, HDR and the City do hereby agree to amend the Agreement as follows: A) The terms and conditions of the Agreement shall remain unchanged other than those sections and exhibits listed below. B) Attachment A – Task Order No. 3 Scope of Work shall be amended to add the following tasks to the scope of work: Add to Task 300 Final Design, Subtask 303- Bidding documents. 303- HDR will prepare project specifications using HDR’s standard master specifications tailored to meet City of Bozeman requirements. Engineer’s Joint Contract Documents Committee (EJCDC) will be the basis of Division 0 specifications. The HDR master specifications utilize the six-digit format of the Construction Specification Institute. HDR will prepare the complete specification package for bidding and provide to the City of Bozeman for review. Add New Task 400- Bidding Services 400- HDR will provide bid period services assisting City of Bozeman in administering the advertisement and obtaining bids for the construction contract. HDR will prepare advertisement and notices announcing or soliciting bids for the construction of the project. City of Bozeman will determine the newspapers or other media where the advertisements and notices will be placed, coordinate with the advertisement agencies, and pay directly for the advertisements and notices. 256 HDR will provide PDFs of bidding documents for issuing to plan centers, bidders, City of Bozeman and others requesting copies of the bidding documents, utilizing the City of Bozeman’s QuestCDN platform. Drawings will be half size, 11-inches by 17-inches. Other documents will be 8 ½-inches by 11-inches. Receive requests for bidding documents and half-size drawings, and issue and transmit the document and drawings copies. Maintain a Plan Holders List recording to whom copies of the bidding documents and half-size drawings have been issued. HDR will assemble addenda as appropriate to interpret, clarify or expand the Contract Documents and distribute the addenda to plan holders. HDR will prepare an agenda and conduct a virtual pre-bid conference to be attended by City of Bozeman, interested Contractors, and project team. No worksite tour is included. City of Bozeman will administer the bid opening and HDR will prepare the bid tabulation. HDR will assist City of Bozeman in evaluating bids and provide a recommendation to award. C) The Compensation Section of the Agreement shall be amended as follows: Total lump sum fee increase of this Amendment No. 1 is $26,100, providing for an amended Agreement total of $116,100. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below: HDR ENGINEERING, INC. ("HDR") CITY OF BOZEMAN By:____________________________ By:_______________________________ Title:___________________________ Title:______________________________ Date:_________________________ Date:_____________________________ 257 Fee Estimate as of 12/11/2025 Client: City of Bozeman Project: TO3 WRF Solar Amendment 1 Summary of Hours Engineer Electrical Sr 33.00 Project Manager 22.00 Sr. Engineer 14.00 Engineer Electrical 4.00 Design Engineer 24.00 Project Accountant 2 2.00 Administrative Assistant 6.00 Total Hours 105.00 Total HDR Labor $26,049.85 Total Expenses $50.15 Total Fee $26,100.00 258 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to sign Task Order No. 5 of the Professional Services Master Task Order Agreement with HDR Engineering Inc. Providing Technical Assistance for the Renewal of the MPDES Discharge Permit for the Water Reclamation Facility. MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order No. 5 of the Professional Services Master Task Order Agreement with HDR Engineering Inc. Providing Technical Assistance for the Renewal of the MPDES Discharge Permit for the Water Reclamation Facility. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Bozeman Water Reclamation Facility (WRF) under a master task order professional services agreement. Task Order 5, attached, provides for technical assistance related to the renewal of the Montana Pollutant Discharge Elimination System (MPDES) discharge permit for the Water Reclamation Facility (WRF). The City requires technical assistance from HDR to help navigate the challenging MPDES discharge permit renewal process, which is administered by MT DEQ, particularly as related to nutrient water quality standards compliance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Task Order No. 5 is funded by wastewater enterprise fund within the FY26 operating budget of the WRF. A consultant services line item specific to permit renewal assistance is contained in the WRF operating budget at the amount of $100k. The not to exceed fee for Task Order No. 5 is $20,000 payable on a time and materials basis. Sufficient budget is available. Attachments: 2025_WRF_OnCall_Task Order No.5.pdf 259 Report compiled on: December 17, 2025 260 WRF Task Order No. 5 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 05 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 , 2026 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. Provide water quality consultant services and permit renewal assistance for the City of Bozeman WRF discharge permit. Work may include, but is not limited to, updating technical reports concerning the East Gallatin River, preparing comments to the Montana Department of Environmental Quality, attending meetings, and preparing any necessary documentation. COMPENSATION: The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed $20,000 without prior authorization. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, 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. 261 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:A Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113. MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the City Commission. Section 7-32-4113, Montana Code Annotated, requires that in order to be submitted to the City Commission for confirmation, every applicant will have passed an examination and received a certificate from the police commission noting that the applicant has qualified for appointment. Additionally, the applicant must successfully complete a probationary period before being submitted to the City Commission for confirmation as a member of the “police force.” Officers Anthony Yan and Ty Mueller have met the above noted requirements and have successfully completed their probationary period. As such, the resolution was written to confirm the appointment of these officers. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Commission Resolution Confirming Officers.pdf Report compiled on: November 19, 2025 262 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113. WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments to the “police force” must be confirmed by the city council or commission; and WHEREAS, the following listed officers have passed the required examinations, have been certified by the Police Commission, have successfully completed the probationary period, and have been appointed to the City’s police force by the chief of police. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: that the following listed officers are confirmed as members of the Bozeman Police Department. ANTHONY YAN TY MUELLER PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of January, 2026. 263 __________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 264 Memorandum REPORT TO:City Commission FROM:Chuck Winn, City Manager Jim Veltkamp, Chief of Police SUBJECT:Resolution Authorizing the City Manager to Retire Police K9 "Stretch" and Execute An Agreement with Aaron Conner to Transfer "Stretch." MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution and Authorize the City Manager to Sign the Transfer and Hold Harmless Agreement. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Bozeman Police K9 "Stretch" was purchased and has been owned by the City since approximately September of 2021. Since that time, K9 "Stretch" has been assigned to K9 Officer Braden Peterson. Officer Peterson has had responsibility for the training, care, and custody of K9 "Stretch." The two have done an incredible amount of work together as partners assigned to the patrol division. K9 Officer Peterson has recently announced his resignation as a K9 officer. Considering how difficult it is to effectively reassign K9 "Stretch" to another officer, especially with the minimal remaining service life left, "Stretch" will be retired from the Bozeman Police Department as well. Aaron Conner is the undersheriff at the Garfield County (MT) Sheriff's Office. Conner is willing to take possession of "Stretch" and hopes to use "Stretch" as a canine in the performance of his sworn duties. The City agrees it is in the best interest of all parties that full ownership and responsibilities for "Stretch" be transferred from the City to Aaron Conner. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 265 Resolution for K9 Stretch Transfer January 2026.pdf Exhibit A Hold Harmless and Transfer for K9 Stretch.pdf Report compiled on: December 30, 2025 266 Page 1 of 2 COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AARON CONNER FOR THE TRANSFER OF “STRETCH”, RETIRED BOZEMAN POLICE K9. WHEREAS, “Stretch” is a police duty K9 that has been in service since October 2021 and retired from service with the Bozeman Police Department on approximately November 30, 2025; and Aaron Conner is a law enforcement professional who is able to take possession and ownership of “Stretch” and; WHEREAS, the City Commission hereby determines City ownership of “Stretch” is no longer necessary for the conduct of City business and the best interests of the City and of “Stretch” require the transfer of ownership of “Stretch” to Aaron Conner pursuant to the attached agreement; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The City Commission hereby authorizes the City Manager to sign the attached Agreement and in doing so hereby authorizes the transfer all the City’s rights, title, and interest it may have in “Stretch” to Aaron Conner. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of January, 2026. 267 Resolution Transferring Ownership of “Stretch” to Aaron Conner Page 2 of 2 ___________________________________ JOEY MORRISON Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 268 Transfer and Hold Harmless Agreement for Bozeman Police canine “Stretch” TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BETWEEN AARON CONNER AND CITY OF BOZEMAN This TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMINIFICATION AGREEMENT (the “Agreement”) is made and entered into this 6th day of January, 2026, by and between Aaron Conner, hereinafter called “Conner”, and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the “City.” Conner is the current undersheriff of the Garfield County (MT) Sheriff’s Office who has law enforcement training and is familiar with the purpose and training necessary for utilizing a police canine. Conner acknowledges and accepts all risks associated with accepting personal ownership of Stretch, a Bozeman Police Department canine. As such, Conner shall hold the City, its officers, agents and employees, harmless and indemnify the City, its officers, agents and employees from and against any and all liability, claims, costs, suits, causes of action, judgments or damages sustained by the City for bodily injury and for injury to or loss of property resulting from, caused by or rising out of the use and ownership of Stretch after the date of this Agreement. In addition, Conner waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to Conner’s acceptance of Stretch. In addition, the City hereby transfers all ownership of Stretch to Conner and relinquishes all rights, title and interest it may have in the animal to Conner. #### End of Agreement except for signatures #### 269 Transfer and Hold Harmless Agreement for Bozeman Police canine “Stretch” ___________________________ ___________ BY: Aaron Conner Date On this _____ day of ___________________, 2026, before me a Notary Public of the State of Montana, personally appeared Aaron Conner, known to me to be the person that executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. __ ________________________________________ _ Notary Public for the State of Montana _____________________________________________ ___________ BY: Chuck Winn Date City Manager, City of Bozeman On this _____ day of ___________________, 2026, before me a Notary Public of the State of Montana, personally appeared Chuck Winn, known to me to be the person that executed the foregoing instrument as the City Manager of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. _________________________________________________ Notary Public for the State of Montana 270 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Approve the Resolution Authorizing the City Manager to Sign Change Order 2 for the WRF MCC Installation Project. MEETING DATE:January 6, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution Authorizing the City Manager to Sign Change Order 2 for the WRF MCC Installation Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Third Element Inc (Contractor) was awarded the construction contract for the WRF motor control center (MCC) installation project on August 12, 2025. The attached resolution authorizes the City Manager to sign change order 2, which increases the construction contract price by $10,790.92 to cover additional work necessary to complete the installation of MCC-G. Upon demolition of the existing MCC-G, additional work was determined necessary to relocate equipment control wiring and install new conduit to corresponding control panels. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Change order 2 increases the construction contract price by $10,790.92 to a new total of $505,092.46. A contingency balance of approximately $41,500 remains for the unobligated project budget after accounting for this change order 2 price increase. Attachments: Resolution_CO No. 2_WRF MCC Install_20251217.docx Bozeman WRF MCC Installation - Change Order # 2 - Final.pdf Report compiled on: December 17, 2025 271 Version April 2020 RESOLUTION 2026-XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH THE THIRD ELEMENT, INC., BOZEMAN, MONTANA WHEREAS, the City Commission did, on the August 12, 2025, authorize award of the construction bid for the Bozeman WRF MCC Installation Project to The Third Element, Inc., Bozeman, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and The Third Element, Inc., as contained in Change Order No. 2, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of January, 2026. ___________________________________ JOEY MORRISON Mayor 272 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 273 December 9, 2025 City of Bozeman Brian Heaston Senior Engineer 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 Re: Bozeman WRF MCC Installation Contract Change Order # 2 Dear Mr. Heaston: Enclosed please find Change Order No. 2 for the WRF MCC Installation Contract. This Change Order increases the total Contract Price by $10,790.92, resulting in a new total Contract Price of $505,092.46. The adjustment reflects the addition of MCC-G conduit and wire reroute along with the new breaker for MCC-G to power the PFR building which was added before installation of MCC sections commenced. Please review and return an executed copy for our records. Contact Cost Calculation: Adjusted Contact Amount Calculation: Procurement Contact – Pay App # 1 + Installation Contract + Change Order # 1 Description Cost Procurement Contact $ 475,489.00 Pay App # 1 $ 45,171.46 Installation Contact $ 63,984.00 Change Order # 1 $ 10,790.92 Adjusted Contract Amount $ 505,092.46 Sincerely, AE2S James Sletten Senior I&C Specialist Attachments:  Bozeman WRF MCC Installation – MGG-G conduit re-route  Bozeman WRF MCC Installation – MGG-G breaker addition 274 00 63 63 - 1 Bozeman, Montana Change Order Form Change Order No. _2_________ Date of Issuance: December 2, 2025 Effective Date: Project: Bozeman WRF MCC Installation Owner: City of Bozeman Owner's Contract No.: WW121 Contract: Bozeman WRF MCC Installation Contact Date of Contract: October 8, 2025 Contractor: The Third Element, Inc. Engineer's Project No.: P05097-2022-012 The Contract Documents are modified as follows upon execution of this Change Order: Description: This Change Order decreases the total Contract Price by $10,790.92, resulting in a new total Contract Price of $505,092.45. All other terms and conditions of the Contract remain unchanged. This change order covers two modifications to the project. Item #1 relocates wiring outside of MCC-G and installs new conduit to the corresponding control panels. Item #2 adds a new breaker in MCC-G to supply power to the PFR building, which was added shortly before MCC installation began. Attachments: (List documents supporting change): 1. CO # 1 – MCC-G Reroute 2. CO # 2 – MCC-G PRF Breaker CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times:  Working days  Calendar days Substantial completion (days or date): $ 539,473 Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No._1__________ to No._2__________: [Increase] [Decrease] from previously approved Change Orders No.____________ to No.____________: Substantial completion (days): $ 10,790.92 Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ 494,301.54 Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ 10,790.92 Ready for final payment (days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ 505,092.46 Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: December 2, 2025 Date: Date: Approved by Funding Agency (if applicable): NA Date: 275 Project: Bozeman WRF MCC Installation Authorized Signer of General Contractor: **Only modify GREEN cells** Subcontract #: P05097-2022-012 Subcontractor: The Third Element Description of Change: MCC-G Reroute The Third Element Change Order #: 1 Date: 11/21/25 Extension/Quote from Vendors/Site Supervision/ Consumable Tools and Safety Supplies/ Demo Quantity Materials Cost Each Materials Extended Bid Labor Per Quantity Bid Labor Ext Labor & Material Extension 1 $808.63 $808.63 20.48 20.48 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 1: Direct Material Total Labor Total $808.63 20.48 Direct Labor Labor Type Hours Rate Sub Total Project Management $100.00 $0.00 Site Supervision $100.00 $0.00 Material Management $50.00 $0.00 Electrician 5.12 $90.00 $460.80 Electrician - Time and half 20.48 $135.00 $2,764.80 Electrician - Double time $180.00 $0.00 2: Direct Labor Total $3,225.60 Sub Contractor Direct 3: Sub Contractors Total $0.00 Equipment Direct 4: Equipment Total $0.00 Miles One Way Number of Trips Sub Total 95 $0.00 Days 0 $0.00 5: Travel Total $0.00 Summary 6: Sub Total (Add Lines 1, 2, 3, 4, & 5)$4,034.23 7: Profit & Overhead ( Only on Lines 1, 2, & 4)15%$605.13 8: 2nd Tier Sub Contractors Profit and Overhead (Line 3 Only)5%$0.00 9: Total Cost Without Taxes, Bond and Insurance (Add Lines 6, 7, & 8)$4,639.36 10: Taxes (GRT) 1%1.00%$46.39 11: Insurance Cost 1.09%$50.57 12: Payment and Performance Bond 1.44%$66.81 $4,803.13 ** Schedule Impact - Days Added to Contract Completion Project Manager: Ben Hommen/Steve Saravalli Mileage Rate $0.80 Subsistence Rate $175.00 Make sure these 3 labor cells match your Labor Total 13: Total Change Order (Add Lines 9, 10, 11 &12) Sub Contractor Name Equipment Type 276 Project: Bozeman WRF MCC Installation Authorized Signer of General Contractor: **Only modify GREEN cells** Subcontract #: P05097-2022-012 Subcontractor: The Third Element Description of Change: The Third Element Change Order #: Date: Extension/Quote from Vendors/Site Supervision/ Consumable Tools and Safety Supplies/ Demo Quantity Materials Cost Each Materials Extended Bid Labor Per Quantity Bid Labor Ext IPS Quote 1 $4,732.24 $4,732.24 0 0.00 Labor 1 $0.00 $0.00 2 2.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 1: Direct Material Total Labor Total $4,732.24 2.00 Direct Labor Labor Type Hours Rate Sub Total Project Management $100.00 $0.00 Site Supervision $100.00 $0.00 Material Management $50.00 $0.00 Electrician 0.30 $90.00 $27.00 Electrician - Time and half 2.00 $135.00 $270.00 Electrician - Double time $180.00 $0.00 2: Direct Labor Total $297.00 Sub Contractor Direct 3: Sub Contractors Total $0.00 Equipment Direct 4: Equipment Total $0.00 Miles One Way Number of Trips Sub Total 0 0 $0.00 Days 0 $0.00 5: Travel Total $0.00 Summary 6: Sub Total (Add Lines 1, 2, 3, 4, & 5)$5,029.24 7: Profit & Overhead ( Only on Lines 1, 2, & 4)15%$754.39 8: 2nd Tier Sub Contractors Profit and Overhead (Line 3 Only)5%$0.00 9: Total Cost Without Taxes, Bond and Insurance (Add Lines 6, 7, & 8)$5,783.63 10: Taxes (GRT) 1%1.00%$57.84 11: Insurance Cost 1.09%$63.04 12: Payment and Performance Bond 1.44%$83.28 $5,987.79 ** Schedule Impact - Days Added to Contract Completion Project Manager: Ben Hommen/Steve Saravalli Mileage Rate $0.80 Subsistence Rate $175.00 Make sure these 3 labor cells match your Labor Total 13: Total Change Order (Add Lines 9, 10, 11 &12) Sub Contractor Name Equipment Type 277